CITYOF MENDOTA
ooCantaloupe 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 COUNC!L CHAMBERS
643 QUINCE STREET
June 14,2022
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/ortake action on any or all of the items listed on this agenda. Please 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.
CALL TO ORDER
ROLL CALL
FLAG SALUTE
INVOCATION
FINALIZE THE AGENDA
Adjustments to Agenda
Adoption of final Agenda
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.
City Council Agenda June 14,2022
1 2
1 643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDD/[TY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) ci.mendota.ca.us
The City ol Mendota is an equal opportunity provider and employer 1 2.
3 4
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1. Minutes of the regular City Council meeting of May 24,2022. 2 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 epnsidered separately.
MAY 25,2022 THROUGH JUNE 8, 2022
WARRANT LIST CHECK NOS. 51800 THROUGH 51873
TOTAL FOR COUNCIL APPROVAI- = $880,315.86
Proposed adoption of Resolution No. 22-31, authorizing the City Manager to execute all necessary documents to terminate services with Administrative Solutions, lnc./Navia and to execute all documents necessary to obtain replacement services with Employer Driven lnsurance Services.
Proposed adoption of Resolution No. 22-32, adopting a list of projects for Fiscal Year 2022-2023 funded by SB1: The Road Repair and Accountability Act of 2017.
Proposed adoption of Resolution No. 22-33, awarding the construction contract for the Mendota Junior High School Safe Routes to School project to American Paving Co. in the amount of $207,622.00.
Proposed adoption of Resolution No. 22-34, approving the fireworks stand permits for 2022.
Proposed adoption of Resolution No. 22-35, approving a Procurement Policy for the City of Mendota.
Proposed adoption of Resolution No. 22-36, approving an amendment to the Fiscal Year 2021 -2022 Budget.
Proposed adoption of Resolution No. 22-37, authorizing expenditures for the materials required for the construction of the Honor Wall at the baseball fields at Rojas-Pierce Park.
5. 6.
7. I
City Council Agenda 2 June 14,2022
1 PUBLIC HEARING
Council discussion and consideration of Resolution No. 22-38, adopting a negative declaration pursuant to the California Environmental Quality Act; Resolution No. 22-39, approving an amendment to the Land Use Element of the City of Mendota General Plan Update 2005-2025; and introduction and waiver of the first reading of Ordinance No. 22-01, amending the official zoning map of the City of Mendota, all in the matter of Application No. 21-10, the Carballo (Salomon) Apartments Project (755 Marie Street; APN 013-106-15).
a. Receive report from City Planner O'Neal
b. lnquiries from City Councilto staff
c. Mayor Castro opens the public hearing
d. Once all comment has been received, Mayor Castro c/oses the public hearing
e. Councilconsiders adoption of Resolution No. 22-38 and Resolution No. 22-39 and introduction and waiver of the first reading of Ordinance No. 22- 01 BUSINESS
1 Council discussion and consideration on opening the sports fields to the public during regular park hours.
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 to staff on how to proceed Council discussion and consideration of a rate for a general transactions and use tax measure ballot.
a. Receive report from Finance Director Banda
b. lnquiries from Councilto staff
c. Mayor Castro opens floor to receive any comment from the public d. Council provides direction to staff on how to proceed
3. Council discussion and consideration of Resolution No. 2240, approving and adopting the operating budget for the City of Mendota for Fiscal Year 2022-2023. a. Receive report from City Manager Gonzalez
b. lnquiies from Council to staff
c. Mayor Castro opens floor to receive any comment from the public d. Council provides input and considers Reso/ution No. 22-40 for adoption 2 City Counci! Agenda 3 June 14,2022
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
Finance Director
a) Grant Update
City Engineer
a) Update
City Attorney
a) Update
1 2.
3. 4. City Manager
MAYOR AND COUNCIL REPO AND INFORMATIONAL ITEMS
1 2
Council Member(s)
Mayor
CLOSED SESSION
CONFERENCE WTH LABOR NEGOTIATORS
Pursuant to CA Government Code SS 54954.5(0, 54957.6
a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Mendota Police Officers Association
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
I, 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 June 14,2022, was posted on the outside bulletin board located at City Hal!, 643 Quince Street, on Friday, June 10, 2022 at 5.00 p.m
1 1
ity Clerk
City Counci! Agenda 4
Cabrera-Garcia
June 14,2022
Minutes of City Council Meeting 1 May 24, 2022
MINUTES OF MENDOTA
REGULAR CITY COUNCIL MEETING
Regular Meeting May 24, 2022
Meeting called to order by Mayor Castro at 6:05 p.m.
A moment of silence was held for the victims of the Robb Elementary School shooting in Uvalde, Texas
Roll Call
Council Members Present: Mayor Rolando Castro, Mayor Pro Tem Jesus Mendoza and Councilors Jose Alonso and Joseph
Riofrio
Council Members Absent: Councilor Oscar Rosales
Flag salute led by Mayor Castro
Invocation led by Police Chaplain Ophelia Lugo
FINALIZE THE AGENDA
1. Adjustments to Agenda.
2. Adoption of final Agenda.
A motion was made by Mayor Pro Tem Mendoza to adopt the agenda, seconded by Councilor Riofrio; unanimously approved (4 ayes, absent: Rosales).
CITIZENS ORAL AND WRITTEN PRESENTATIONS
None offered.
Minutes of City Council Meeting 2 May 24, 2022
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1. Minutes of the regular City Council meeting of May 10, 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 Riofrio to approve items 1 and 2, seconded by Mayor Pro Tem Mendoza; unanimously approved (4 ayes, absent: Rosales).
CONSENT CALENDAR
1. MAY 6, 2022 THROUGH MAY 17, 2022
WARRANT LIST CHECK NOS. 51737 THROUGH 51799
TOTAL FOR COUNCIL APPROVAL = $283,505.42
2. Proposed adoption of Resolution No. 22-30, approving the estimate and authorizing H&R Underground to proceed with recoating the influent channel walls at the Wastewater Treatment Plant Facility.
A motion was made by Councilor Riofrio to approve items 1 and 2 of the Consent Calendar, seconded by Councilor Alonso; unanimously approved (4 ayes, absent: Rosales).
BUSINESS
1. Council discussion and consideration of the Fiscal Year 2022-2023 Proposed Budget.
Mayor Castro introduced the item and City Manager Gonzalez provided the report.
Finance Director Nancy provided additional information on the item.
Discussion was held on the information provided.
Martha Cabrera – commented on the item.
Discussion was held on the information provided by Ms. Cabrera.
Brian Rickers (Aqua Natural Solutions) – commented on the item.
Discussion was held on the information provided by Mr. Rickers.
At 6:42 p.m. Councilor Riofrio left the Council Chambers and returned at 6:45 p.m.
Council provided direction to staff on suggested modifications to the draft budget.
Minutes of City Council Meeting 3 May 24, 2022
2. Council discussion and consideration on opening the sports fields to the public during regular park hours.
Mayor Castro introduced the item and City Manager Gonzalez provided the report.
Discussion was held on the item.
A motion was made by Councilor Riofrio to table the item to a future meeting agenda, seconded by Councilor Alonso; unanimously approved (4 ayes, absent: Rosales).
PUBLIC HEARING
1. Public hearing and proposed adoption of Resolution No. 22-29, confirming the diagram and authorizing the levy and collection of assessments for Landscape and Lighting Maintenance District No. 2019-01 for Fiscal Year 2022-2023.
Mayor Castro introduced the item and City Engineer Osborn provided the report.
Discussion was held on the item.
At 7:35 p.m. Mayor Castro opened the hearing the public and, seeing no one willing to comment, closed the hearing within the same minute.
A motion was made by Councilor Riofrio to adopt Resolution No. 22-29, seconded by Councilor Alonso; unanimously approved (4 ayes, absent: Rosales).
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 Code Enforcement Department including monthly statistics and a personnel update.
Discussion was held on code violations throughout the community.
Chief Smith provided the report for the Animal Control Department including the current capacity of the dog pound, and the status of the dog vaccination clinic.
Chief Smith provided the report for the Police Department including monthly statistics; crime trends; a drone program update; and a personnel update.
Discussion was held on the department’s monthly statistics; and Officer Gurrola being nominated for a Mother’s Against Drunk Driving award.
At 7:51 p.m. Mayor Pro Tem Mendoza left the Council Chambers.
Minutes of City Council Meeting 4 May 24, 2022
2. City Attorney
a) Update
City Attorney Kinsey provided an update on an abatement action; provide an update on pitchess motions; and requested direction from staff regarding modifying the monthly stipend for City Council Members.
Discussion was held on the information provided by City Attorney Kinsey.
Council directed staff to hold off on the item regarding modifying the monthly stipend for City Council Members.
At 7:53 p.m. Mayor Pro Tem Mendoza returned to the Council Chambers.
3. City Manager
City Manager Gonzalez reported on the 2022 ICSC Las Vegas conference that he and the Council recently attended; and provided an update on the Element 7 project.
Discussion was held on the Automatic Meter Reading project.
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
Councilor Alonso shared his condolences for the victims of the mass shootings in Texas and New York and stated that he hopes legislators act on matters related to gun control.
Councilor Riofrio commented on historical acts of gun violence.
Mayor Pro Tem Mendoza commented on the mass shootings that have recently taken place and commented on the precautionary measures that local schools and the police department have in place for those types of situations.
2. Mayor
Mayor Castro commented on the devastating consequences of the mass shooting in Texas and reported on the 2022 ICSC Las Vegas conference that he recently attended.
Discussion was held on the school resource officer program.
Minutes of City Council Meeting 5 May 24, 2022
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to CA Government Code §§ 54954.5(f), 54957.6
a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Mendota Police Officers Association
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Potential initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9 (one potential case).
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
a. Agency Designated Negotiator: Cristian Gonzalez, City Manager b. Negotiating Party: United Security Bank
c. Real Property Under Negotiation: 643 Quince Street, Suite B, Mendota, CA 93640
At 8:22 p.m. the Council moved into closed session.
City Attorney Kinsey left the Council Chambers following the discussion of Closed Session item 2.
At 9:12 p.m. the Council reconvened in open session and City Manager Gonzalez stated that in regard to items 1 through 3 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 9:13 p.m. by Councilor Alonso, seconded by Mayor Pro Tem Mendoza; unanimously approved (4 ayes, absent: Rosales).
_______________________________
Rolando Castro, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk
CITY OF MENDOTA
CASH DISBURSEMENTS
5/25/2022-6/8/2022
CK# 51800-51873
Date Check # Check Amount Vendor Department Description May 25, 2022 51800 $ 125,685.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 5/9/2022-5/22/2022
May 31, 2022 51801 $ 61.18 ADT SECURITY SERVICES WATER
SECURITY SERVICES FOR 6/4/22-7/3/22- WTP 1300 2ND ST.
May 31, 2022 51802 $ 28,357.91 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR JUNE 2022
May 31, 2022 51803 $ 632.74 AFLAC GENERAL
AFLAC INSURANCE FOR THE MONTH OF MAY 2022
May 31, 2022 51804 $ 1,310.09 ALEX AUTO DIAGNOSTICS GENERAL-WATER-SEWER 2018 FORD EXPLORER PD INTER. PURGE VALVE (PD), 2007 FORD 150
SUPERCREW SPARK PLUGS, BRAKE PADS
May 31, 2022 51805 $ 291.63 CHEMSEARCH SEWER
(2) CHERRY FLOW, 5GL, NAC FE (WWTP) & FUEL CHARGE
May 31, 2022 51806 $ 2,665.92 CORE & MAIN LP WATER
(10) P24248N 1 CPXMN ANGLE METER NO LEAD (10) ANG, (4) P24258N 3/4X1 CPXMN ANGLE METR NO LEAD, (1) P14258N ANG.
May 31, 2022 51807 $ 98.00 DEPARTMENT OF JUSTICE GENERAL (2) FINGERPRINT APPS (1) CHILD ABUSE INDEX CK, PEA (PD) May 31, 2022 51808 $ 586.33 EINERSON'S PREPRESS GENERAL-WATER-SEWER (1000) LETTERHEAD WITH 4% WATERMARK, 1000 SHEETS, 4 BOXES #10 BLACK INK NO WINDOW/ 2000 ENVELOPES
May 31, 2022 51809 $ 14,876.50 FRESNO COUNTY SHERIFF GENERAL-WATER-CFD FUND RMS JMS ACCESS FEE APRIL 2022 & DISPATCH SERVICES FOR JUNE 2022
May 31, 2022 51810 $ 717.03 FRESNO WIRE ROPE & RIGGING, INC. SEWER (1000) 316SS, (14) SPEARSNP, (12) THIMBL, (24)CLAMPS, (200) 316SS 3167X19S FOR WWTP
May 31, 2022 51811 $ 478.25 GOLDSTAR PRODUCTS, INC. SEWER (1) DIGESTIVE ENZYM POWDER- 25LB (WWTP)
May 31, 2022 51812 $ 425.30
KINGSBURG VETERINARY MANAGEMENT
LP GENERAL
(4) EUTHNASIA/IVC/SEDATION (ANIMAL CONTROL)
May 31, 2022 51813 $ 74,291.12 MID VALLEY DISPOSAL, INC. REFUSE SANITATION CONTRACT SERVICES FOR APRIL 2022
May 31, 2022 51814 $ 43,572.76 PG&E
GENERAL-WATER-SEWERSTREETS-AIRPORT
WATER DEPARTMENT UTILITIES 4/14/22-5/12/22 & CITYWIDE UTILITIES FOR 4/8/2022-5/8/2022
May 31, 2022 51815 $ 532.42 PLATT ELETRIC SUPPLY STREETS (1000) THHN 12 BLK & WHT TWIST PRO 500FT & 250PC
May 31, 2022 51816 $ 17,793.50 PROVOST & PRITCHARD
GENERAL-WATER-SEWERSTREETS
PROF. SERV. APRIL 2022 MENDOTA JR HIGH SRTS, PROFESSIONAL SER. APRIL 2022 RAILROAD CORRIDOR
May 31, 2022 51817 $ 1,431.97 PURCHASE POWER GENERAL-WATER-SEWER POSTAGE METER REFILL 5/11/22 & TRANSACTION FEE, (2)
DM300C/400C RED INK CARTRIDGE & E-Z SEAL 64OZ
May 31, 2022 51818 $ 8,832.24 SORENSEN MACHINE WORKS
GENERAL-WATER-SEWERSTREETS
MULTIPLE DEPARTMENT SUPPLIES FOR MARCH 2022 & APRIL 2022 May 31, 2022 51819 $ 160.59 USA BLUEBOOK WATER
(1) 3/8" TUBE X 3/8" TUBE X 3/8" TUBE KYNAR UNION
May 31, 2022 51820 $ 400.79 VALLEY FARM SUPPLY STORES INC. GENERAL (1) ECHO CHAIN SAW 12" (3) STIHL CHAIN LOOP 3/8"
June 1, 2022 51821 $ 841.55 JORGE URBIETA GENERAL
TD & 4850- 5/12/2022-5/15/2022
June 8, 2022 51822 $ 5,000.00 ADMINISTRATIVE SOLUTIONS - FRESNO GENERAL MEDICAL CHECK RUN 5/24/2022
June 8, 2022 51823 $ 325.20 ADT SECURITY SERVICES GENERAL-WATER-SEWER SECURITY SERVICES 6/11/22-7/12/22 CITYHALL/DMV/EDD
June 8, 2022 51824 $ 88.21 ALERT-0-LITE STREETS
(1) ASSTD CERAMIC MAGNET, 2 GAL HD COOLER, 2.5 BLK
June 8, 2022 51825 $ 691.32 AT&T GENERAL-WATER-SEWER
CITYWIDE TELEPHONE SERVICE 4/25/22-5/24/22
June 8, 2022 51826 $ 210.00 MADERA DISPOSAL SYSTEMS INC. GENERAL (6) ANIMAL CONTROL EUTHANASIA ON 4/11/22 & (15)ANIMAL CONTROL EUTHANASIA ON 4/25/22
June 8, 2022 51827 $ 100.00 MACARIO BANUELOS WATER-SEWER
DOT MEDICAL EXAM REIMBURSEMENT
June 8, 2022 51828 $ 56.91 BATTERIES PLUS BULBS SEWER
(2) 12V LEAD DURA 12-8F2
June 8, 2022 51829 $ 2,371.50 BSK ASSOCIATES WATER-SEWER
WEEKLY TREATMENT & DISTRIBUTION, WASTEWATER WEEKLY GRAB
SAMPLE, GENERAL EDT QUARTERLY SAMPLES
June 8, 2022 51830 $ 303.00 CAL VALLEY INSURANCE, INC. GENERAL-WATER-SEWER RENEWAL ERISA UP TO $500K 401(K)
June 8, 2022 51831 $ 70.09 ROLANDO CASTRO GENERAL
REIMBURSEMENT FYI AIRPORT PARKING TICKET & TAXI FARE
June 8, 2022 51832 $ 124.21 CHEMSEARCH SEWER
(3) PIT BOSS 5GL
June 8, 2022 51833 $ 146.02 COLONIAL LIFE GENERAL
LIFE INSURANCE PREMIUM FOR MAY 2022
June 8, 2022 51834 $ 944.01 CORBIN WILLITS SY'S INC. GENERAL-WATER-SEWER ACCOUNTING SOFTWARE ENHANCEMENT & SERVICE JUNE 2022
June 8, 2022 51835 $ 442.98 CROWN SERVICES CO. GENERAL-SEWER TOILET 1XWK 1000 AIRPORT BLVD BLDG #A (PD), POOL PARK, LOZANO PARK, TOILET W/SINK 1XWK 1300 2ND ST.- WWTP
June 8, 2022 51836 $ 200.00 DATA TICKET, INC. GENERAL
CITATION PROCESSING APRIL 2022 (PD)
June 8, 2022 51837 $ 1,224.72 FARMERS LUMBER AND SUPPLY CO. STREETS (1) 35' PG&E POLE- 291 MCCABE AVE., (1) 35' PG&E POLE- 449 QUINCE ST.
CITY OF MENDOTA
CASH DISBURSEMENTS
5/25/2022-6/8/2022
CK# 51800-51873
June 8, 2022 51838 $ 5,997.00 FENCE MASTERS CONTRACTORS GENERAL 50' REPLACE NEW 12' HIGH 6' HIGH 9 GAUGE & 6' HIGH 11 GAUGE
CHAIN LINK FENCE W/ COIL WIRE- VETERAN'S PARK
June 8, 2022 51839 $ 180.00
GONZALEZ TOWING, TIRE, AUTO & TRUCK
DISMANTLING WATER-SEWER
CITY CAR LOCK OUT
June 8, 2022 51840 $ 203.32 GRAINGER INC. WATER-SEWER
(2) KIT ROC 1CYL REP FOR (PRISON SITE)
June 8, 2022 51841 $ 159.05 GUTHRIE PETROLEUM INC. STREETS 2 1/5 CHEV TRACTOR HYDROLIC OIL FEE QTY:10
June 8, 2022 51842 $ 213.10 KERWEST NEWSPAPER LLDM/GENERAL (7) NOTICE OF PUBLIC HEARING REG. MEETING OF CITY COUNCIL June 8, 2022 51843 $ 240.00 LAW ENFORCEMENT GENERAL
(1000) L-9 ABANDONED VEHICLE LABEL
June 8, 2022 51844 $ 500.00 MENDOTA YOUTH RECREATION GENERAL FACILITY USE DEP. REFUND HARVEST CARIVAL 6/2/22-6/5/22
June 8, 2022 51845 $ 2,148.56 METRO UNIFORM GENERAL
(2) MENDOTA SHOULDER PATCHES, UNIFORM ITEMS D. MALDONADO, (1)SOFTSHELL JACKET, (2) FULL T-SHIRT (PD)
June 8, 2022 51846 $ 1,833.56 MUTUAL OF OMAHA GENERAL
LIFE, AD&D, LTS, & STD INSURANCE FOR JUNE 2022
June 8, 2022 51847 $ 90.00 NAVIA BENEFIT SOLUTIONS GENERAL 6-PARTICIPANT FEE POLICE- MAY 2022
June 8, 2022 51848 $ 2,500.00 NEW VISION AVIATION INC. AIRPORT PHASE 2 BROCHURE SUZANNE BERTZ-ROSA MES-C NEWTECH
(WILLIAM JOHNSON INSURANCE FOR AIRPORT)
June 8, 2022 51849 $ 895.00 NEXUS ADMINISTRATORS, INC. GENERAL-WATERT-SEWER PPA-POST CYCLE 3 RESTATEMENT
June 8, 2022 51850 $ 652.33 OFFICE DEPOT GENERAL-WATER-SEWER (1) AVERY LABELS 5160, (1) PACK OF 6 KLEENEX, PAPER, (15) ACCO PRESSTEC BINDER SIDE BOUND 11"X8 1/2, (2) DESK TRAYS, PENS June 8, 2022 51851 $ 78,161.29 PROVOST & PRITCHARD
GENERAL-WATER-SEWERSTREETS
PASS THRU-PROF SERV STEVE HAIR WESTLAND MAP-2/2022, PROF SERV ROJAS PIERCE PARK IMP MARCH 2022
June 8, 2022 51852 $ 2,406.68 RAMON'S TIRE & AUTO SERVICE SEWER-STREETS LOADER 544 J#65 TIRE, VALVE STEM, SERVICE CALL
June 8, 2022 51853 $ 370.00
RED WING BUSINESS ADVANTAGE
ACCOUNT WATER-SEWER
BOOT REPLACEMENT PER MOU FOR (J. ANGEL) & (A. SANCHEZ)
June 8, 2022 51854 $ 19,800.00 RRM DESIGN GROUP GENERAL-WATER-SEWER CITYHALL & PD STATION CONSTRUCTION DOCS. 5/18/22
June 8, 2022 51855 $ 1,131.18 SIGNMAX GENERAL
(6) 48X36 EG ALUM YEL/BLK (2) 300,(1) 290,(2) 225-PARKS June 8, 2022 51856 $ 44.68 KEVIN SMITH GENERAL
REIMBURSEMENT FOR (21) PRINTS 5X7 & (5) 8X10 PRINTS
June 8, 2022 51857 $ 355.97 UNION PACIFIC RAILROAD COMPANY STREETS PUBLIC ROADWAY ENCROACHMENT JUNE 2021
June 8, 2022 51858 $ 5,045.38 BANKCARD CENTER GENERAL-WATER-SEWER CREDIT CARD EXPENSES 4/26/22-5/24/2022 ADOBE ACROPRO SUBS, AMAZON, CHEWY DOG FOOD, NCH SOFTWARE FOR REC.
June 8, 2022 51859 $ 535.00 MARK ANTHONY DUARTE GENERAL-WATER-SERWER PEST CONTROL SERVICES CITYHALL/DMV/YOUTH CENTER 4/26/22,
TREAT GROUNDS FOR GOPHER MOUNDS ROJAS PARK
June 8, 2022 51860 $ 2,525.25 THE HOME DEPOT
GENERAL-WATER-SEWERSTREETS
MKE M18 HIGH OUTPUT BATTERY 2 PK 6.0AH, (42) 80LB SAKRETE CONCRETE MIX & PALLET FEE, (8) 1"X3/4' SHARBITE REDUCER June 8, 2022 51861 $ 460.00 THE PIN CENTER GENERAL
(200) 80TH ANNIVERSARY PINS
June 8, 2022 51862 $ 1,182.50 THE BUSINESS JOURNAL STREETS REQUEST FOR BIDS-MENDOTA JR HIGH SRTS DUE 5/26/22
June 8, 2022 51863 $ 822.79 THE CLIFFS GENERAL
HOTEL RESERVATION FOR CHIEF'S EXECUTIVE WORKSHOP
June 8, 2022 51864 $ 200.00 UNITED HEALTH CENTERS GENERAL PRE-EMPLOYMENT PHYSICAL EXAM (PD) J.SALAS
June 8, 2022 51865 $ 151.97 UNIFIRST CORPORATION GENERAL-WATER-SEWER (6) 4X6 MATS, (3) BOWL CLIP (1) MOP LARGE (1) DRY MOP
June 8, 2022 51866 $ 53.93 USA BLUEBOOK WATER
(1) CHEMTROL TRUE UNION BLEACH BALL VALVE PVP/FKM
June 8, 2022 51867 $ 150.00 VETERINARY MEDICAL CENTER GENERAL (6) CITY EUTHANASIA (ANIMAL CONTROL)
June 8, 2022 51868 $ 8,646.00 WANGER JONES HELSLEY PC ATTORNEYS GENERAL-WATER-SEWER LEGAL SERV RE: GENERAL LEGAL SERVICES 4/15/22, PASS-THRU BOCA DEL RIO LEGAL SERVICES 2/15/22
June 8, 2022 51869 $ 500.00 WESTSIDE YOUTH GENERAL
KEY DEPOSIT REIMBURSEMENT FOR SPRING CARNIVAL EVENT,
DEPOSIT REFUND FOR BASEBALL FIELD & KEY USE 3/26/22
June 8, 2022 51870 $ 405,542.65 WEST VALLEY CONSTRUCTION COMPANY WATER AUTOMATIC METER READING PROJECT APRIL 2022 PAYMENT #3
June 8, 2022 51871 $ 114.32 YONKERS & JOHNSON, INC. SEWER
83.5" OF HYD HOSE - WWTP
June 8, 2022 51872 $ 113.27 DENISE FUENTES WATER
MQ CUSTOMER REFUND FOR FUE0037
June 8, 2022 51873 $ 50.09 DENISE FUENTES WATER
MQ CUSTOMER REFUND FOR FUE0038
$ 880,315.86
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER LEKUMBERRY, DIRECTOR OF ADMINISTRATIVE SEVICES & ASSISTANT CITY
MANAGER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: TERMINATION OF SERVICES WITH ASI/NAVIA AND ENGAGEMENT IN SERVICES WITH EDIS
DATE: JUNE 14, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-31, transitioning from Administrative Solutions Inc. (“ASi”)/Navia to Employer Driven Insurance Services (“EDIS”) for the administration of the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), Health Reimbursement Arrangement (“HRA”), and Medical Expense Reimbursement Plan (“MERP”)?
BACKGROUND
ASi/Navia is the current Third-Party Administrator (“TPA”) for the City’s COBRA, HRA and MERP. Recently Navia/ASi notified the City that they are going to be discontinuing the EOB Retrieval service effective 8/1/2022 while maintaining the same overall service fee.
Currently the EOB retrieval service is how the TPA accesses the EOBs from Aetna and processes payment for the remaining eligible amount. Without this service employees will need to obtain the EOBs and submit them to Navia/ASi themselves, likely resulting in a delayed processing period and possibly a delayed payment to the provider.
The only impact that transitioning over to EDIS would have on the employees is that they would receive new supplemental cards and a new address for claims. All of the carrier information would remain the same.
ANALYSIS
EDIS has an overall lower service fee than ASi/Navia per employee per month (“PEPM”), so the City would experience a small savings. The cost for the administration of the partial self-funding is $30/PEPM instead of $32.50/PEPM that ASi/Navia charges. The COBRA administration fee is $2/PEPM with EDIS whereas it is $1/PEPM with ASi. Therefore, for the bundled self-funding and COBRA administration it is a $1.50/ PEPM savings to transition to EDIS ($32.00 vs $33.50).
EDIS will do a claims roll-in for any claims that have not yet been paid by ASi/Navia at no additional charge. That would leave a clean transition out of ASi/Navia. 2 FISCAL IMPACT
The overall impact is a savings of $1.50 per employee and per month.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-31, authorizing the City Manager to sign all necessary documents to terminate services with ASi/Navia and to sign all documents necessary to engage in services with EDIS.
Attachment(s):
1. HRA-MERP Benefit Authorization for EDIS
2. Debit Plan Benefit Authorization for EDIS
3. Debit Card ACH Setup
4. ACH Notice and Authorization
5. COBRA Employer Set Up
6. City of Mendota Summary Plan Description (SPD)
7. Resolution No. 22-31
P.O. Box 7809, Visalia CA 93290 888-886-7973 CA Insurance License #0M76879 Group Name: _____________________
B1. HRA / MERP PLANS BENEFIT AUTHORIZATION
Health Reimbursement Arrangement or Medical Expense Reimbursement Plan Effective Date: __________________________________________ If you require a Schedule of Benefits in Spanish, please indicate # of Spanish _________ and # of English _________.
LET US KNOW WHICH HIGH DEDUCTIBLE CARRIER PLAN WE WILL CREATE YOUR HRA UNDER:
Carrier Name: Carrier Plan:
USE THIS SECTION TO TELL US WHAT YOU WOULD LIKE YOUR IN-NETWORK, SELF-FUNDED HRA / MERP BENEFITS TO BE Individual Deductible (2x)
*RX BE NE FIT
Generic / Tier 1
Office Visit Copay Brand / Tier 2
Coinsurance Non-Formulary / Tier 3
Other: Specialty / Tier 4
Embedded vs. Aggregate – Our default is to match the carrier. Please specify if you would like it to be different:
DOES YOUR HIGH DEDUCTIBLE, FULLY-INSURED CARRIER PLAN PROVIDE FIRST DOLLAR BENEFITS THAT YOU WOULD LIKE TO COVER UNDER THE HRA / MERP:
Some of the carrier plans offer first dollar benefits such as 3 office visits and/or RX coverage. If your selected carrier plan falls into this category and you intend to pay all or part of the first dollar benefit, please specify which first dollar benefit and the amount that you would like to cover. If nothing is outlined, the plan will be set with the full carrier copay (if applicable) being the member responsibility.
Specify Carrier First Dollar Benefit(s):
______________________________________________
Amount to be covered /supplemented by HRA / MERP:
______________________________________________
DO YOU WANT TO COVER ANYTHING ADDITIONAL WITH YOUR HRA / MERP SUCH AS OUT-OF-NETWORK BENEFITS? **Out of Network Benefits: ❑ Yes ❑ No
Individual Deductible: Coinsurance Other
Combined with in-network
deductible or separate?
Would you like us to pay as allowed to the
deductible or pay as billed?
WOULD YOU LIKE TO COVER ALL OR PART OF YOUR MEMBERS OUT-OF-POCKET AFTER THE CARRIER DEDUCTIBLE? (CORRIDOR BENEFIT) Coinsurance: Copay(s): Other:
HOW WOULD YOU LIKE TO FUND YOUR MEMBER CLAIMS?
❑ Standard Funding (Include voided check)
❑ Deposit Funding (See table to the right)
❑ Level Funding (Select monthly claims amount):
Expected Claims
Max Claims Other: _________
DEPOSIT FUNDING: These figures represent an amount which should provide enough funds to ensure your account does not run low while awaiting replenishment. In the event your account is not replenished in a timely fashion, we would not be able to release claims until the replenishment is received. Check should be made payable to E.D.I.S. #Enrolling Employees Deposit Amt. #Enrolling Employees Deposit Amt. 2-9 $2,500 26-40 $12,500
10-15 $5,000 41-50 $25,000
16-25 $9,000 51-99 $40,000
By signing below, you are authorizing E.D.I.S. to administer the benefits above on behalf of said employer and are agreeing to the following fees: Monthly PEPM Administrative fee (see your proposal or agent for details). One-time Set Up Fee of $500 to start the E.D.I.S. plan for the medical (waived if coming from another TPA). Annual Renewal Fee of $100 to revise and update applicable plan documents. Flat monthly billing fee of $25 (waived if enrolled in “Paperless Perks Program.”) Please complete all the information requested before signing this authorization. Please initial any changes. This is an application only, coverage and issuance of an Administrative Agreement is subject to review and approval by E.D.I.S. ___________________________________________________ __________________________________________ __________________ Officer of Company Signature Title Date
* A portion of the member’s copay at Preferred Pharmacies applies to the cost of dispensing prescriptions associated with pharmacies and your PBM. For the convenience of the drug card, the vendor charges $.50 - $.60 per submission. This fee covers the cost of the electronic submission of prescriptions. ** E.D.I.S. does not endorse or encourage the use of these benefits as they do not maximize the employer’s savings.
City of Mendota
July 1, 2022
Aetna OA Managed Choice POS Bronze 50/50 8300
Ded Plan
$0
$10
various copays
$5
$20
$50
30% up to $500
see attached schedule of benefits
ADMINISTRATIVE PLAN
X
see schedule of benefits
X
Schedule of Benefits
For
City of Mendota – Administrative Plan
with Aetna OA Managed Choice POS Bronze 50/50 8300 deductible plan Effective 07/01/2022 PENDING
The Employer’s Maximum Payment is $8,550 for individual and $17,100 for family. Any remaining balance is the member’s responsibility.
In Network Benefits under the Carrier Plan Deductible are self-funded and shared by the Member & Employer PHASE 1 – Claims applied to Carrier Deductible
BENEFIT Employee Pays Employer Pays
PHYSICIAN OFFICE VISITS $10 copay 100% after copay
SPECIALIST OFFICE VISITS $10 copay 100% after copay
X-RAY (Non-complex imaging) 0% 100%
COMPLEX IMAGING 0% 100%
INPATIENT/OUTPATIENT HOSPITAL
Hospital Services: 0% 100%
Physician & Professional Services: 0% 100%
Emergency Room: $250 copay 100% after copay
PRESCRIPTION DRUG COVERAGE (1)
*$225/$450 RX deductible applies to Tiers 2, 3 & 4
$225/$450 RX deductible
Tier 2 $20* / Tier 3 $50*
Tier 4 30% up to $500 max per fill*
100% after deductible and
copay
OUTPATIENT SURGERY 0% 100%
MENTAL HEALTH (other than SMI) *Subject to Carrier limitations Inpatient Services: 0% 100%
Outpatient Services: $10 copay 100% after copay
AMBULANCE $500 copay 100% after copay
ACUPUNCTURE SERVICES $10 copay 100% after copay
CHIROPRACTIC THERAPY $10 copay 100% after copay
PHYSICAL, OCCUPATIONAL & SPEECH THERAPY VISITS 0% 100%
DURABLE MEDICAL EQUIPMENT
(Please refer to the Evidence of Coverage for more information) 0% 100%
ALL OTHER SERVICES & SUPPLIES 0% 100%
TELADOC CONSULTATION $5 copay 100% after copay
Not subject to annual Carrier Deductible for these Benefits Employee Pays Employer Pays Carrier Pays
PHYSICIAN OFFICE VISITS $10 Carrier copay (2) $75 Carrier copay 100% after copay LAB $0 $85 Carrier copay 100% after copay
URGENT CARE $10 Carrier copay $85 Carrier copay 100% after copay PRESCRIPTION DRUG COVERAGE (1) Tier 1 $30 Tier 1 $5 Tier 1 $25 100% after copay ACUPUNCTURE SERVICES $10 Carrier copay (2) $75 Carrier copay 100% after copay ROUTINE ADULT PHYSICAL / WELL CHILD / WOMEN’S HEALTH 0% 0% 100% Phase 2 Benefits after the Carrier Deductible
Employee Pays Employer Pays Carrier Pays
MEDICAL (Refer to carrier plan summary for applicable copays) 0% 50% 50% PRESCRIPTION DRUG COVERAGE (1)
Tier 2 $100/Tier 3 $150/Tier 4 50% up to $500
Tier 2 $20 / Tier 3 $50
Tier 4 30% up to $500
max per fill
Employer pays all copay
/ coinsurance
differences
100% after copay
TOTAL OUT OF POCKET MAXIMUM Employee Family
UNDER CARRIER DEDUCTIBLE $0 $0
AFTER CARRIER DEDUCTIBLE $0 $0
TOTAL $0 $0
This is a summary of the most frequently asked-about benefits. This document is a summary of your benefits and is not meant to thoroughly explain the benefits, cost sharing, out-of-pocket maximums, exclusions, or limitations nor does it list all benefits and cost sharing. For more detailed information about the carrier benefits, please refer to your Evidence of Coverage booklet. (1) The four Rx Tiers are Tier 1) Generic Formulary; Tier 2) Brand Formulary; Tier 3) Brand Non-formulary; Tier 4) Specialty Drugs/Injectables. (2) The 1 visit limit is combined with physician office visits & acupuncture services. After the 1 visit is met (in any combination), services are subject to the carrier deductible.
UPDATED 05/05/22
AE83
P.O. Box 7809, Visalia CA 93290 888-886-7973 CA Insurance License #0M76879 Group Name: _____________________
B1. HRA / MERP PLANS BENEFIT AUTHORIZATION
Health Reimbursement Arrangement or Medical Expense Reimbursement Plan Effective Date: __________________________________________ If you require a Schedule of Benefits in Spanish, please indicate # of Spanish _________ and # of English _________.
LET US KNOW WHICH HIGH DEDUCTIBLE CARRIER PLAN WE WILL CREATE YOUR HRA UNDER:
Carrier Name: Carrier Plan:
USE THIS SECTION TO TELL US WHAT YOU WOULD LIKE YOUR IN-NETWORK, SELF-FUNDED HRA / MERP BENEFITS TO BE Individual Deductible (2x)
*RX BE NE FIT
Generic / Tier 1
Office Visit Copay Brand / Tier 2
Coinsurance Non-Formulary / Tier 3
Other: Specialty / Tier 4
Embedded vs. Aggregate – Our default is to match the carrier. Please specify if you would like it to be different:
DOES YOUR HIGH DEDUCTIBLE, FULLY-INSURED CARRIER PLAN PROVIDE FIRST DOLLAR BENEFITS THAT YOU WOULD LIKE TO COVER UNDER THE HRA / MERP:
Some of the carrier plans offer first dollar benefits such as 3 office visits and/or RX coverage. If your selected carrier plan falls into this category and you intend to pay all or part of the first dollar benefit, please specify which first dollar benefit and the amount that you would like to cover. If nothing is outlined, the plan will be set with the full carrier copay (if applicable) being the member responsibility.
Specify Carrier First Dollar Benefit(s):
______________________________________________
Amount to be covered /supplemented by HRA / MERP:
______________________________________________
DO YOU WANT TO COVER ANYTHING ADDITIONAL WITH YOUR HRA / MERP SUCH AS OUT-OF-NETWORK BENEFITS? **Out of Network Benefits: ❑ Yes ❑ No
Individual Deductible: Coinsurance Other
Combined with in-network
deductible or separate?
Would you like us to pay as allowed to the
deductible or pay as billed?
WOULD YOU LIKE TO COVER ALL OR PART OF YOUR MEMBERS OUT-OF-POCKET AFTER THE CARRIER DEDUCTIBLE? (CORRIDOR BENEFIT) Coinsurance: Copay(s): Other:
HOW WOULD YOU LIKE TO FUND YOUR MEMBER CLAIMS?
❑ Standard Funding (Include voided check)
❑ Deposit Funding (See table to the right)
❑ Level Funding (Select monthly claims amount):
Expected Claims
Max Claims Other: _________
DEPOSIT FUNDING: These figures represent an amount which should provide enough funds to ensure your account does not run low while awaiting replenishment. In the event your account is not replenished in a timely fashion, we would not be able to release claims until the replenishment is received. Check should be made payable to E.D.I.S. #Enrolling Employees Deposit Amt. #Enrolling Employees Deposit Amt. 2-9 $2,500 26-40 $12,500
10-15 $5,000 41-50 $25,000
16-25 $9,000 51-99 $40,000
By signing below, you are authorizing E.D.I.S. to administer the benefits above on behalf of said employer and are agreeing to the following fees: Monthly PEPM Administrative fee (see your proposal or agent for details). One-time Set Up Fee of $500 to start the E.D.I.S. plan for the medical (waived if coming from another TPA). Annual Renewal Fee of $100 to revise and update applicable plan documents. Flat monthly billing fee of $25 (waived if enrolled in “Paperless Perks Program.”) Please complete all the information requested before signing this authorization. Please initial any changes. This is an application only, coverage and issuance of an Administrative Agreement is subject to review and approval by E.D.I.S. ___________________________________________________ __________________________________________ __________________ Officer of Company Signature Title Date
* A portion of the member’s copay at Preferred Pharmacies applies to the cost of dispensing prescriptions associated with pharmacies and your PBM. For the convenience of the drug card, the vendor charges $.50 - $.60 per submission. This fee covers the cost of the electronic submission of prescriptions. ** E.D.I.S. does not endorse or encourage the use of these benefits as they do not maximize the employer’s savings.
City of Mendota
July 1, 2022
Aetna OA Managed Choice POS Bronze 50/50 8300
Ded Plan
$3750
$65
25%
$15
$50
$70
30% up to $500
see attached schedule of benefits
POLICE PLAN
X
see schedule of benefits
X
see attached schedule of benefits
Schedule of Benefits
For
City of Mendota – Police Plan
with Aetna OA Managed Choice POS Bronze 50/50 8300 deductible plan Effective 07/01/2022 PENDING
The Employer’s Maximum Payment is $3,538 (+ $600 from debit card) for individual and $7,076 for family.
Any remaining balance is the member’s responsibility.
In Network Benefits under the Carrier Plan Deductible are self-funded and shared by the Member & Employer PHASE 1 – Claims applied to Carrier Deductible
BENEFIT Employee Pays Employer Pays
DEDUCTIBLE $3,750* Individual / $7,500 Family $600 Employee*/$0 Family PHYSICIAN OFFICE VISITS deductible waived $65 copay 100% after copay SPECIALIST OFFICE VISITS deductible waived $65 copay 100% after copay X-RAY (Non-complex imaging) 25% 75%
COMPLEX IMAGING 25% 75%
INPATIENT/OUTPATIENT HOSPITAL
Hospital Services: 25% 75%
Physician & Professional Services: 25% 75%
Emergency Room: 50% 50%
PRESCRIPTION DRUG COVERAGE (1)
*$225/$450 RX deductible applies to Tiers 2, 3 & 4
$225/$450 RX deductible
Tier 2 $50 / Tier 3 $70
Tier 4 30% up to $500 max per fill
100% after deductible and
copay
OUTPATIENT SURGERY 25% 75%
MENTAL HEALTH (other than SMI) *Subject to Carrier limitations Inpatient Services: 25% 75%
Outpatient Services: deductible waived $65 copay 100% after copay AMBULANCE 25% 75%
ACUPUNCTURE SERVICES deductible waived $65 copay 100% after copay CHIROPRACTIC THERAPY deductible waived 50% 50%
PHYSICAL, OCCUPATIONAL & SPEECH THERAPY VISITS 25% 75%
DURABLE MEDICAL EQUIPMENT
(Please refer to the Evidence of Coverage for more information) 50% 50%
ALL OTHER SERVICES & SUPPLIES 25% 75%
TELADOC CONSULTATION $5 copay 100% after copay
Not subject to annual Carrier Deductible for these Benefits Employee Pays Employer Pays Carrier Pays
PHYSICIAN OFFICE VISITS $60 Carrier copay (2) $25 Carrier copay 100% after copay LAB $75 Carrier copay $10 Carrier copay 100% after copay URGENT CARE $65 Carrier copay $30 Carrier copay 100% after copay PRESCRIPTION DRUG COVERAGE (1) Tier 1 $30 Tier 1 $15 Tier 1 $15 100% after copay ACUPUNCTURE SERVICES $60 Carrier copay (2) $25 Carrier copay 100% after copay ROUTINE ADULT PHYSICAL / WELL CHILD / WOMEN’S HEALTH 0% 0% 100% Phase 2 Benefits after the Carrier Deductible
Employee Pays Employer Pays Carrier Pays
MEDICAL (Refer to carrier plan summary for applicable copays) 25% 25% 50% PRESCRIPTION DRUG COVERAGE (1)
Tier 2 $100/Tier 3 $150/Tier 4 50% up to $500
Tier 2 $50 / Tier 3 $70
Tier 4 30% up to $500
max per fill
Employer pays all copay
/ coinsurance balances
100% after copay
TOTAL OUT OF POCKET MAXIMUM Employee Family
UNDER CARRIER DEDUCTIBLE $4,287* $9,774
AFTER CARRIER DEDUCTIBLE $ 125 $ 250
TOTAL $4,412 $10,024
This is a summary of the most frequently asked-about benefits. This document is a summary of your benefits and is not meant to thoroughly explain the benefits, cost sharing, out-of-pocket maximums, exclusions, or limitations nor does it list all benefits and cost sharing. For more detailed information about the carrier benefits, please refer to your Evidence of Coverage booklet. (1) The four Rx Tiers are Tier 1) Generic Formulary; Tier 2) Brand Formulary; Tier 3) Brand Non-formulary; Tier 4) Specialty Drugs/Injectables. (2) The 1 visit limit is combined with physician office visits & acupuncture services. After the 1 visit is met (in any combination), services are subject to the carrier deductible.
*Employees Only are to use their debit card in conjunction with this plan to fund the first $600 of the HRA Individual deductible. The out of pocket in phase 1 is the total out of pocket ($4,887) minus the $600 debit allotment given to the Employees ($4,887-$600=$4,287). UPDATED 05/05/22 AE83
P.O. Box 7809, Visalia CA 93290 888-886-7973 CA Insurance License #0M76879 Group Name: _____________________
C1. DEBIT CARD PLAN SETUP & BENEFIT AUTHORIZATION
Tell us what benefits are approved for reimbursement on the Wex Health Card with E.D.I.S.
Effective Date: __________________________________________ Employer Name as it should be printed
on debit card – 26 character maximum | | | | | | | | | | | | | | | | | | | | | | | | | If you require a Schedule of Benefits in Spanish, please indicate # of Spanish _________ and # of English _________.
LET US KNOW WHICH HIGH DEDUCTIBLE CARRIER PLAN WE WILL CREATE YOUR HRA / MERP UNDER:
Carrier Name: Carrier Plan:
USE THIS SECTION TO TELL US WHAT YOU WOULD LIKE YOUR SELF-FUNDED HRA / MERP BENEFITS TO BE:
BENEFITS: ❑ Medical ❑ Pharmacy ❑ Dental ❑ Vision
Card will cover 100% up to $ ___________________ per calendar year. Includes all carrier’s copays and deductibles.
Optional Benefit: ❑ Deductible Amount: $________________ EXCEPTIONS: List all benefits that do not apply to the debit card. Any exceptions to the 100% benefit may cause misuse of the debit card.
E.D.I.S. is not responsible for misuse of the debit card.
1. 2.
Out-of-Network: ❑ Yes ❑ No After carrier deductible: ❑ Yes ❑ No
RULES OF THE ROAD FOR THE EMPLOYEE
1. Cards are sent to the employee’s address from the debit card vendor and may take up to 10 days following the members being loaded
2. Copies of all receipts and statements of charges should be uploaded to the E.D.I.S. Debit Card Mobile App/Wex Portal, FAX’ed, emailed, or mailed to E.D.I.S. within 10 days from the date of service, or of a request from the employer and/or E.D.I.S.
3. It is the member’s responsibility to ensure the debit card is used only for the benefits outlined in the Schedule of Benefits provided by E.D.I.S. Failure to send in your receipts and statements (if requested) or the misuse of the debit card will require the debit card to be made inactive.
4. Termination of an employee’s debit card will be on the next business day of notice from the employer. Benefits will remain in effect until the end of the month.
Employees will need to pay for services up front and submit a receipt for reimbursement.
FUNDING / COLLATERAL AMOUNT
Your funds will be pulled daily or weekly by the bank depending on which option you select. Your initial Pre-Fund Collateral will depend on the daily or weekly selection and is outlined below:
- Daily ACH Debit, initiated by Bank – 3% of annual liability required up front. OR - Weekly ACH Debit, initiated by Bank – 5% of annual liability required up front.
SMALL CLIENT SET UP: In the event that calculated funding amount (based on the annual benefit amount elections) for the desired replenishment op tion is less than the required minimum of $2,500, the funding amount will be the lesser of $500 or $100 per participant for clients with 1-5 cardholders or the greater of $500 or 3% for clients with 6 or more cardholders; however, the Client must use daily ACH debit replenishment.
WEEKLY REPLENISHMENT: The minimum funding for weekly replenishment is the greater of $2,500 or the calculated amount associated with the selected replenishment option.
COLLATORAL TRUE-UP: As per the bank contract, you agree to fund the Collateral Account in an amount reasonably required by Bank (the “Funding Amount”), as indicated by the deposit account agreement, by applying the initial collateral rate to the annual aggregate election amount that will be loaded onto the Cards. In order to maintain the Funding Amount there will be an annual “true up” or audit of the account. This may require adding additional funds as necessary to replace amounts settled by Bank if your number of enrolled employees grows beyond the initial number. The bank will notify E.D.I.S. of the true up requirements if more collateral is required, or if collateral should be returned due to a decrease in the number of enrolled employees. If the collateral account is not kept at the required minimums each year, the bank may choose to suspend the cards and/or close the account altogether for its protection.
SUBSTANTIATION
❑ E.D.I.S. is to substantiate according to the IRS agreement ❑ We choose to opt out of claims substantiation and agree to sign a hold harmless agreement releasing E.D.I.S. and their vendor(s) of any substantiation requirements set by the IRS. Upon receipt of this setup form, we will return the hold harmless to you for signature.
There is a monthly PEPM administration fee (see your proposal or agent for details) in addition to the Monthly Debit Card Fee of $2.00 PEPM, there is a one-time set up fee of $500 to start the E.D.I.S. plan for medical (waived if coming from another TPA) and there is a $100 renewal fee that will be charged each year. There is a $5 pass through fee to replace a lost or stolen debit card.
Please complete all the information requested before signing this authorization. Please initial any changes to this authorization and note this is an application only.
Coverage and the issuance of an Administration Agreement is subject to review and approval by E.D.I.S. Benefit changes may only be made at the group’s carrier and or E.D.I.S.’s anniversary date. All banking will be handled between the bank and the client and funds will not be run through E.D.I.S.
By signing this form, you agree to all the terms and conditions of the WEX Health Card™ and E.D.I.S. Employer Driven Insurance Services™. ________________________________________________________ ___________________________________________ ______________________ Officer of Company Signature Title Date
City of Mendota
POLICE PLAN July 1, 2022
C i t y o f M e n d o t a
Aetna
OA Managed Choice POS Bronze 50/50 8300 deductible
plan
X X
600
X
AUTHORIZATION FOR ACH DEBITS / CREDITS
________________________________________________________ Depositor Name as Shown on Bank Records
________________________________________________________ Checking Account Number/ Transit Routing Number
(A voided check or spec sheet must be attached for this account) TO: ____________________________________________________ ________________________________________________________ (Bank Address: Street, Box #, City, State and Zip Code) Depositor authorizes The Bancorp Bank to present automated debits and credits to and from the above listed account as required to perform their responsibilities related to processing Depositor’s benefit program. This authorization will remain in effect until revoked by Depositor in writing and until you actually receive such notice Depositor agrees that you shall be fully protected in honoring any such ACH transaction.
Depositor agrees that your treatment of each such ACH transaction and your rights in respect to it shall be the same as if it were a check signed by Depositor.
I authorize payments to be withdrawn daily or weekly as needed. (Please circle one) Dated this _____ day of __________, 20_____.
________________________________________________________ Signature of Depositor in Agreement with Bank Records
Please update your ACH filter (on the above reference account) to grant access to The Bancorp Bank. The Bancorp Bank identification number is: 1050006509.
City of Mendota
The Bancorp Bank Payment Solutions Group
Payment Solutions Group Internet Banking Enrollment Form Note: Payment Solutions Group Client Internet Banking access is restricted to “View Only” status. With the exception of password changes for normal business purposes, no other changes may be made to the accounts listed below.
Electronic monthly statements are also offered through this application; please enroll online to discontinue paper statements mailed each month.
Section A- Company Information
Company Name: ____________________________________________ Company Address: ____________________________________________ City: ____________________________________________
State: ____________________
Zip: ___________________
Section B- DDA accounts to view (to be completed by Bank).
DDA Account Number:___________________ DDA Account Number: ____________________ Section C- Security Question:
As a default for corporate users, the Security Question used to authenticate access for password changes will reference your Tax ID number. Please list your company’s Tax ID number in the space below:
Tax ID Number: __________________________
Section D- Please date, sign, and return this form to your Benefits Administrator to initiate Internet Banking view access – this user will be set up as the ADMIN user for the application with the ability to set up subsequent users:
Access Requested by: __________________________ Phone Number:_______________________ E-Mail Address________________________________________
(Once the configuration has been completed, the user id and password will be e-mailed to the above.) By signing this form, I certify that I am authorized by my company to request The Bancorp Bank Internet Banking view-only access. I also certify that any additional individuals that I, as Company Administrator, grant access to view account information will adhere to The Bancorp Bank Internet Banking Terms and Conditions of Use policy and will not disseminate or share the account password(s) with unauthorized personnel. Failure of any person(s) to adhere to The Bancorp Bank Internet Banking Terms and Conditions of Use, Privacy Policy, and Security Policy may result in Internet Banking access revocation.
Online access accounts are reviewed every month. After 6 months of inactivity on the online access account, your access will be terminated and you will need to contact your TPA to reinstate your online access.
Signature: _____________________________________
Print Name: _____________________________________
Title: ___________________________________________
Date: ____________
City of Mendota
643 Quince St
Mendota
CA
93640
94-6000369
Cristian Gonzalez (559) 655-3291
[email protected]
Cristian Gonzalez
City Manager
The Bancorp Bank Payment Solutions Group
Deposit Account Agreement
This Deposit Account Agreement, dated as of _____________, is between The Bancorp Bank, located at 6100 S. Old Village Place, Sioux Falls, South Dakota (“Bank”) and ____________________________________________________(Company Name and DBA), located at ____________________________________________________________________________ (“Client”). Company TAX ID Number _________________________________. Please ensure that this is the Legal Business Name/DBA and Address of Entity (This must coincide with the name on the IRS documentation also required) Recitals
Client provides employee benefit plan participants the ability to access their benefit accounts electronically through a stored value card (“Card”) similar to a debit card transaction. Bank is a member of Visa / MasterCard and is in the business of issuing cards and establishing accounts for the settlement of card transactions.
Client is establishing a non-interest bearing deposit account (the “Collateral Account”) for the purpose of enabling Bank to settle Card transactions in a timely manner.
WEX Health and E.D.I.S. (Partner) have entered into an agreement to provide Card services to employers such as Client.
Purpose
Bank and Client enter into this Deposit Account Agreement to provide the following:
1. The Client will have no access to the funds deposited into the Collateral Account until their return by the Bank pursuant to the terms of Paragraph 3 or 4 below.
2. The Client authorizes the Bank to use funds in the Collateral Account only for the purposes of settling Card transactions and paying fees debited from cardholders’ accounts, both further limited to Cards issued to Client participants.
3. 120 days following the deactivation of all Cards associated with Client, Bank will return all remaining Client funds in the Collateral Account.
4. As collateral for the Client’s obligations to the Bank, the Client hereby grants to the Bank a first priority security interest in all funds held in the Collateral Account.
5. View-only access to the Collateral Account information is granted to WEX Health and Partner for the purpose of assisting the Bank and Client in resolving any relevant banking questions that may arise.
6. Bank will provide Client monthly statements of Collateral Account activity.
7. This Agreement shall be interpreted and governed in accordance with the laws of Delaware.
8. Client agrees to fund the Collateral Account in an amount reasonably required by Bank (the “Funding Amount”), as indicated by the following table, by applying the initial collateral rate to the annual aggregate election amount that will be loaded onto the Cards. Client will maintain the Funding Amount by periodically transferring additional funds as necessary to replace amounts settled by Bank. Please select one of the following replenishment options.
Select
one
Replenishment Option
Initial
Collateral
Rate
Daily ACH Debit, initiated by Bank 3%
Weekly ACH Debit, initiated by Bank 5%
Weekly ACH Credit, initiated by Client 7%
Weekly Wire, initiated by Client 6%
City of Mendota
643 Quince St, Mendota, CA 93640
94-6000369
X
Please indicate the expected number of monthly replenishment transactions and estimated monthly replenishment amounts, based on your replenishment option above and annual elections.
Circle One # of Transactions
(monthly)
Select
one
Expected dollar of transactions
(monthly)
Select
one
ACH/Wire 1-10 $ 1.00 - $ 2,500.00
ACH/Wire 10-20 $ 2,500.00 - $ 5,000.00
ACH /Wire 20+ $ 5,000.00 +
If utilizing Weekly ACH Credit or Wire replenishment, funds are required to be deposited into the Collateral Account by end of business each Tuesday for the previous Monday through Sunday settlement week.
SMALL CASE CLIENT SET UP: In the event that calculated Funding Amount (based on the annual benefit account elections) for the desired replenishment option is less than the required minimum $2,500, the Funding Amount will be the lesser of $500 or $100 per participant for clients with 1-5 cardholders or the greater of $500 or 3% for clients with 6 or more cardholders; however, the Client must use Daily ACH Debit replenishment.
WEEKLY REPLENISHMENT: The minimum funding for weekly replenishment is the greater of $2,500 or the calculated amount associated with the selected replenishment option.
Client agrees that its failure to maintain the Funding Amount as required may result in Cards being suspended until the account is properly funded. If using one of the ACH Debit replenishment options, the attached Authorization for ACH Debits / Credits must be completed and returned with a copy of a voided check or spec sheet.
9. Client may request that the Funding Amount be reduced to take into account events such as a reduction in workforce resulting in a significant decrease in the number of Client’s Cards. Bank will not unreasonably refuse to adjust the Funding Amount and return any difference to Client.
10. Legal Entity Type (i.e. Corporation, Limited Partnership, Partnership, Sole Proprietorship, Trust, etc.):
________________________________________________________ Please print
11. Industry Type (North American Industry Classification System (NAICS): i.e. Manufacturing, Retail, Construction, Commercial Banking, Finance and Insurance, Educational Services, Food Services, Transportation, etc.) ________________________________________________________ Please print
12. Additional authorized account signors, if necessary:
Signature: ___________________________ Signature: __________________________ Printed Name: _______________________ Printed Name: _______________________ Title: ______________________________ Title: ______________________________ DOB ___________SS#_________________ DOB: ______________SS#_____________ *** Please return the signed agreement with a copy of your IRS Form SS4 (EIN Assignment Letter). Agreements submitted without the documentary evidence may be delayed.
Additional documentation may be requested to verify business address and/or business name. You will be contacted by a Bank representative if any additional documentation is required.
The parties have executed this Agreement as of the date written above.
Client: The Bancorp Bank:
Signature: ______________________________ Signature: ____________________________ Printed Name: __________________________ Name: _______________________________ Title: _________________________________ Title: ________________________________ DOB: ______________SS#________________
Telephone Number: ______________________
Email Address: ________________________
Government Entity
Municipality
Cristian Gonzalez
City Manager
(559) 655-3291
[email protected]
0 X X
CERTIFICATION OF BENEFICIAL OWNER(S)
Persons opening an account of behalf of a legal entity must provide the following information:
a. Name and Title of Natural Person Opening Account:
________________________________________________________________________________ b. Name and Address of Legal Entity for Which the Account is Being Opened:
_________________________________________________________________________________ Note: Section C (only) is not applicable for Publicly Traded Companies or Non-Government Organizations (i.e. non-profit charities and religious organizations such as churches). c. The following information for each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25 percent or more of the equity interests of the legal entity listed above:
(If no individual meets this definition, please write “Not Applicable.”) Name Date
of
Birth
Address For U.S.
Persons: Social
Security
Number
For Foreign Persons: Passport
Number and Country of
Issuance, or other similar
identification number*
Percentage
of
Ownership
d. The following information for one individual with significant responsibility for managing the legal entity listed above, such as:
An executive officer or senior manager (e.g., Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Managing Member, General Partner, President, Vice President, Treasurer): or Any other individual who regularly performs similar functions. (i.e. account signer) (If appropriate, an individual listed under section (c) above may also be listed in this section (d)).
Name Date of
Birth
Address For U.S.
Persons:
SSN
For Foreign Persons: Passport
Number and Country of
Issuance, or other similar
identification number
Percentage
of
Ownership
I, _________________________________ (name of person opening account), hereby certify, to the best of my knowledge, that the information provided above is complete and correct.
Signature: _____________________________________________________ Date: _______________ Company Tax ID Number: ____________________ Stock Symbol if Publicly Traded: __________________ * In lieu of a passport number, foreign persons may also provide an alien identification card number, or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard.
Cristian Gonzalez, City Manager
City of Mendota, 643 Quince St, Mendota, CA 93640
not applicable
Cristian Gonzalez
94-6000369
Cristian Gonzalez 643 Quince St,
Mendota, CA 93640
0%
ACH NOTICE AND AUTHORIZATION
AUTHORIZATION AGREEMENT FOR E.D.I.S. TRANSATIONS (ACH CREDITS) Company Name City of Mendota
Company Tax ID# 94-6000369
I hereby authorize E.D.I.S. to initiate debit or credit entries to my Checking Account indicated below at the depository financial institution named below, hereafter called DEPOSITORY, and to debit or credit the same to such account. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. Law.
Depository (Bank) Name ___________________________________________ Branch __________________________________________________________ City _______________________, State ____________ Zip ________________ Account Type: (Circle One) Checking Savings
Routing Account Number ___________________________________________ Checking Account Number __________________________________________ This authorization is to remain in force and effect until E.D.I.S. has received written notification from me of its termination in such time and in such manner as to afford E.D.I.S. and DEPOSITORY a reasonable opportunity to act on it.
Name Cristian Gonzalez
(Authorized signer on Business Checking Account)
Date __________________________________________
Signature ________________________________________________________ Select one or both:
Claims funding - E.D.I.S. will debit your designated account to fund all current or past due claim funds.
Admin Fees/Premium - E.D.I.S. will debit your designated account to fund all current or past due fees.
As an Employer, your “Finance Contact” will be contacted via email notifying him or her in 2 business days prior to debiting your account. Groups will be debited around the 1st of each billing month.
Groups will be charged $25.00 for each returned ACH due to incorrect account information or insufficient funds.
Employer may revoke debit authorization only by written notice. Revocation must be mailed or faxed 10 business days prior to desired date: E.D.I.S., P.O. Box 7809, Visalia, CA 93290 or FAX (559) 733-1314.
CA Insurance License #0M76879
COBRA/CAL-COBRA ENROLLMENT CHECK LIST
The following preliminary list of information must be received in our office by the end of the current month for a first of the month following effective date.
Set Up Form & Service Agreement:
1. Effective date to be the first of the month following submission of all information requested.
2. Set Up Form must be completed in full.
2. Service Agreement must be signed and dated by an authorized Officer of the Company.
Carrier and Plan Information:
1. Carrier and Plan Information Form-Please complete this form for each employer-sponsored group health plan subject to COBRA.
2. Attach a copy of the current rate sheet for each plan.
3. Attach a complete copy of last monthly premium billing statement for each plan.
4. Attach a complete copy of the Plan Document/Certificate of Coverage for each plan.
5. Current COBRA/CAL-COBRA Participants Form (if applicable).
6. Current COBRA/CAL-COBRA Qualifier Form (if applicable).
Additional Information Required For Clients For Whom E.D.I.S. Does Not Administer Benefits
1. An initial set-up fee in the amount of $100.00 made payable to E.D.I.S.
2. For group billing purposes, we will need a group census (preferably an Excel spread sheet) of the active employees who are enrolled in one or more or the employer-sponsored health plan coverages. Must include name, address, social security number, and date of birth for each employee. Plan enrollment and dependent information also needed. *************************************************************************************************************** Return your completed forms to:
Email: [email protected]
Mail: PO Box 7809
Visalia, CA 93290
Physical: 5429 Avenida de los Robles, Suite A
Visalia, CA 93291
Fax: (559) 733-2325
Thank you for the confidence you have placed in us by allowing us to assist your client in the administration of COBRA or CAL-COBRA.
CA Insurance License #0M76879
COBRA SET UP FORM
Section A – Employer Information
Company Name DBA (Doing Business As) Federal Tax ID Number (FEIN) Address Requested Effective Date
City State Zip Nature of Business
Section B – Contact Information
Contact Type Contact Name Title Phone Fax Email Address
1. Executive
2. Primary COBRA
3. Primary Billing
4. Other
The above named contacts identifies all individuals to whom E.D.I.S. may provide/disclose protected health information (PHI) in the performance of its duties as set forth in the Confidentiality Exhibit of the Administrative Services Agreement (Client may use additional pages if needed, provided they reference the Confidentiality Exhibit and the effective date). E.D.I.S. will assume that this list is exhaustive and that any individual not provided in this list is not authorized to receive PHI from E.D.I.S. unless subsequently named in writing by an existing HIPAA authorized contact of the Client.
Section C – General Information
Number Of Employees Eligible For Benefits Number Of Employees Covered By Benefits Number Of Current COBRA Continuants Number Of Employees Terminated In The Last 60 Days Do you offer a Health Flexible Spending Account (FSA)? Yes No If eligible, a participant may continue a health FSA through COBRA Do you offer a Health Reimbursement Arrangement (HRA) or Medical Expense Reimbursement Plan (MERP)? Yes No If eligible, a participant may continue an HRA or MERP through COBRA Do you want to charge the allowable 150% for COBRA participants on the 11-month disability extension? Yes No COBRA allows an employer to charge 150% of the applicable premium for COBRA continuation coverage during the 11-month disability extension period that is available to individuals that meet certain requirements. To qualify for the additional 11 months of COBRA continuation coverage, the qualified beneficiary must:
Have a ruling from the Social Security Administration that he or she became disabled prior to or within the first 60 days of COBRA continuation coverage
Send the plan a copy of the Social Security ruling letter within 60 days of receipt or (if later) the date of the qualifying event or date of coverage loss following the qualifying event, but prior to expiration of the 18-month period of coverage.
If these requirements are met, the entire family qualifies for an additional 11 months of COBRA continuation coverage.
Section D – Eligibility Reporting
Would you like E.D.I.S. to send termination notices to your carriers? If yes, please fill out the appropriate contact information on the Carrier and Plan Information Form for each plan. Yes No Section E – Employer Representative – Form completed by:
Name Title Date
City of Mendota 94-6000369
643 Quince St July 1, 2022
Mendota CA 93640 municipality
Cristian Gonzalez City Manager (559) 655-3291 [email protected] same as executive contact
same as executive contact
44 3
40 0
0 0
0 0
Cristian Gonzalez City Manager
CA Insurance License #0M76879
CARRIER AND PLAN INFORMATION FORM
Please complete a copy of this form for each employer sponsored group benefit plan (including FSA, HRA and MERP) which is subject to COBRA. Use a separate form for each plan with a unique set of rates and/or group number.
Section A – Plan Information
IMPORTANT: Missing or incomplete fields will cause a delay in the implementation process and may cause a loss of the desired effective date.
Company Name Carrier Name Group Number Plan Name
Is there a waiting period? If yes, how long? Following the waiting period, coverage is effective:
Yes No ____ Days ____
Months Immediately Next Day First of the Month Other (specify) _________ Upon termination, coverage ceases Number of employees covered on plan Date of termination Day following termination End of month Other (specify) ________ Dependent Child Age Limit Full-time Student Age Limit What is the billing effective date for newly added dependents due to birth or adoption? Date of event ____ Days following event
First of month First of following month
Coverage Type (select only one)
Medical Dental Vision RX Health FSA HRA MERP Other (specify) ____________________________________ Type of Plan Plan Effective Dates Open Enrollment Dates HMO PPO POS Indemnity Other (specify) ___________ _______ through _______ _______ through _______ Is this plan bundled or combined with any other plans for COBRA purposes? Yes No When plans are bundled for COBRA purposes, an individual electing COBRA coverage for a particular plan is, by default, also electing coverage under the other bundled plan(s). For example, if you require an employee to first elect medical coverage in order to elect dental coverage, those plans are bundled.
Section B – Rates
NOTE: If the rates for this plan are age or area rated, please provide a copy of the plan’s rate grid. Do not complete the information tables below.
If your carrier has not provided rates for a tier represented below, please enter N/A. By default, we will use the rates you provide to determine the missing rate (e.g., if a spouse only rate is not provided, we will use the employee only rate in spouse only scenarios, etc.)
Rates – Do not include the 2% COBRA Administrative Fee
Employee Only (EE) EE + Spouse EE + Child EE + Children Family Spouse Only (SP) SP + Child SP + Children Child Only Children Only $ $ $ $ $ $ $ $ $ $
Rates – Do not include the 2% COBRA Administrative Fee
Individual Only Individual + 1 Individual + 2 or more
$ $ $
Section C – Carrier Eligibility Contact
This section is not necessary if you have chosen not to have E.D.I.S. send termination notices to your carriers.
Contact Name or Department Title Member Services Phone Number Address City State Zip
Phone Fax Email
How do you currently notify this carrier of employee terminations? City of Mendota
0 30
26 26
0 07/01/2022 06/30/2023 05/15/2022 06/30/2022
Aetna 88315312 OA Managed Choice POS Bronze 50/50 8300
33 0
If yes, list the plans that are
bundled with this plan:
EDIS MERP/HRA
CA Insurance License #0M76879
CARRIER AND PLAN INFORMATION FORM
Please complete a copy of this form for each employer sponsored group benefit plan (including FSA, HRA and MERP) which is subject to COBRA. Use a separate form for each plan with a unique set of rates and/or group number.
Section A – Plan Information
IMPORTANT: Missing or incomplete fields will cause a delay in the implementation process and may cause a loss of the desired effective date.
Company Name Carrier Name Group Number Plan Name
Is there a waiting period? If yes, how long? Following the waiting period, coverage is effective:
Yes No ____ Days ____
Months Immediately Next Day First of the Month Other (specify) _________ Upon termination, coverage ceases Number of employees covered on plan Date of termination Day following termination End of month Other (specify) ________ Dependent Child Age Limit Full-time Student Age Limit What is the billing effective date for newly added dependents due to birth or adoption? Date of event ____ Days following event
First of month First of following month
Coverage Type (select only one)
Medical Dental Vision RX Health FSA HRA MERP Other (specify) ____________________________________ Type of Plan Plan Effective Dates Open Enrollment Dates HMO PPO POS Indemnity Other (specify) ___________ _______ through _______ _______ through _______ Is this plan bundled or combined with any other plans for COBRA purposes? Yes No When plans are bundled for COBRA purposes, an individual electing COBRA coverage for a particular plan is, by default, also electing coverage under the other bundled plan(s). For example, if you require an employee to first elect medical coverage in order to elect dental coverage, those plans are bundled.
Section B – Rates
NOTE: If the rates for this plan are age or area rated, please provide a copy of the plan’s rate grid. Do not complete the information tables below.
If your carrier has not provided rates for a tier represented below, please enter N/A. By default, we will use the rates you provide to determine the missing rate (e.g., if a spouse only rate is not provided, we will use the employee only rate in spouse only scenarios, etc.)
Rates – Do not include the 2% COBRA Administrative Fee
Employee Only (EE) EE + Spouse EE + Child EE + Children Family Spouse Only (SP) SP + Child SP + Children Child Only Children Only $ $ $ $ $ $ $ $ $ $
Rates – Do not include the 2% COBRA Administrative Fee
Individual Only Individual + 1 Individual + 2 or more
$ $ $
Section C – Carrier Eligibility Contact
This section is not necessary if you have chosen not to have E.D.I.S. send termination notices to your carriers.
Contact Name or Department Title Member Services Phone Number Address City State Zip
Phone Fax Email
How do you currently notify this carrier of employee terminations? City of Mendota
0 30
26 26
0 07/01/2022 06/30/2023 05/15/2022 06/30/2022
EDIS MERP/HRA
33 0
If yes, list the plans that are
bundled with this plan:
Aetna PPO
CA Insurance License #0M76879
CARRIER AND PLAN INFORMATION FORM
Please complete a copy of this form for each employer sponsored group benefit plan (including FSA, HRA and MERP) which is subject to COBRA. Use a separate form for each plan with a unique set of rates and/or group number.
Section A – Plan Information
IMPORTANT: Missing or incomplete fields will cause a delay in the implementation process and may cause a loss of the desired effective date.
Company Name Carrier Name Group Number Plan Name
Is there a waiting period? If yes, how long? Following the waiting period, coverage is effective:
Yes No ____ Days ____
Months Immediately Next Day First of the Month Other (specify) _________ Upon termination, coverage ceases Number of employees covered on plan Date of termination Day following termination End of month Other (specify) ________ Dependent Child Age Limit Full-time Student Age Limit What is the billing effective date for newly added dependents due to birth or adoption? Date of event ____ Days following event
First of month First of following month
Coverage Type (select only one)
Medical Dental Vision RX Health FSA HRA MERP Other (specify) ____________________________________ Type of Plan Plan Effective Dates Open Enrollment Dates HMO PPO POS Indemnity Other (specify) ___________ _______ through _______ _______ through _______ Is this plan bundled or combined with any other plans for COBRA purposes? Yes No When plans are bundled for COBRA purposes, an individual electing COBRA coverage for a particular plan is, by default, also electing coverage under the other bundled plan(s). For example, if you require an employee to first elect medical coverage in order to elect dental coverage, those plans are bundled.
If yes, list the plans that are
bundled with this plan:
Section B – Rates
NOTE: If the rates for this plan are age or area rated, please provide a copy of the plan’s rate grid. Do not complete the information tables below.
If your carrier has not provided rates for a tier represented below, please enter N/A. By default, we will use the rates you provide to determine the missing rate (e.g., if a spouse only rate is not provided, we will use the employee only rate in spouse only scenarios, etc.)
Rates – Do not include the 2% COBRA Administrative Fee
Employee Only (EE) EE + Spouse EE + Child EE + Children Family Spouse Only (SP) SP + Child SP + Children Child Only Children Only $ $ $ $ $ $ $ $ $ $
Rates – Do not include the 2% COBRA Administrative Fee
Individual Only Individual + 1 Individual + 2 or more
$ $ $
Section C – Carrier Eligibility Contact
This section is not necessary if you have chosen not to have E.D.I.S. send termination notices to your carriers.
Contact Name or Department Title Member Services Phone Number Address City State Zip
Phone Fax Email
How do you currently notify this carrier of employee terminations? City of Mendota
0 30
26 26
0 07/01/2022 06/30/2023 05/15/2022 06/30/2022
Ameritas 010.039247 Dental
0 46.20 99.08 104.44 104.44 153.20 46.20 104.44 104.44 46.20 39 CA Insurance License #0M76879
CARRIER AND PLAN INFORMATION FORM
Please complete a copy of this form for each employer sponsored group benefit plan (including FSA, HRA and MERP) which is subject to COBRA. Use a separate form for each plan with a unique set of rates and/or group number.
Section A – Plan Information
IMPORTANT: Missing or incomplete fields will cause a delay in the implementation process and may cause a loss of the desired effective date.
Company Name Carrier Name Group Number Plan Name
Is there a waiting period? If yes, how long? Following the waiting period, coverage is effective:
Yes No ____ Days ____
Months Immediately Next Day First of the Month Other (specify) _________ Upon termination, coverage ceases Number of employees covered on plan Date of termination Day following termination End of month Other (specify) ________ Dependent Child Age Limit Full-time Student Age Limit What is the billing effective date for newly added dependents due to birth or adoption? Date of event ____ Days following event
First of month First of following month
Coverage Type (select only one)
Medical Dental Vision RX Health FSA HRA MERP Other (specify) ____________________________________ Type of Plan Plan Effective Dates Open Enrollment Dates HMO PPO POS Indemnity Other (specify) ___________ _______ through _______ _______ through _______ Is this plan bundled or combined with any other plans for COBRA purposes? Yes No When plans are bundled for COBRA purposes, an individual electing COBRA coverage for a particular plan is, by default, also electing coverage under the other bundled plan(s). For example, if you require an employee to first elect medical coverage in order to elect dental coverage, those plans are bundled.
If yes, list the plans that are
bundled with this plan:
Section B – Rates
NOTE: If the rates for this plan are age or area rated, please provide a copy of the plan’s rate grid. Do not complete the information tables below.
If your carrier has not provided rates for a tier represented below, please enter N/A. By default, we will use the rates you provide to determine the missing rate (e.g., if a spouse only rate is not provided, we will use the employee only rate in spouse only scenarios, etc.)
Rates – Do not include the 2% COBRA Administrative Fee
Employee Only (EE) EE + Spouse EE + Child EE + Children Family Spouse Only (SP) SP + Child SP + Children Child Only Children Only $ $ $ $ $ $ $ $ $ $
Rates – Do not include the 2% COBRA Administrative Fee
Individual Only Individual + 1 Individual + 2 or more
$ $ $
Section C – Carrier Eligibility Contact
This section is not necessary if you have chosen not to have E.D.I.S. send termination notices to your carriers.
Contact Name or Department Title Member Services Phone Number Address City State Zip
Phone Fax Email
How do you currently notify this carrier of employee terminations? City of Mendota
0 30
26 26
0 07/01/2022 06/30/2023 05/15/2022 06/30/2022
Ameritas 010.039247 VSP Vision
34 0
8.48 18.24 14.80 14.80 24.56 8.48 14.80 14.80 8.48
CA Insurance License #0M76879
CARRIER AND PLAN INFORMATION FORM
Please complete a copy of this form for each employer sponsored group benefit plan (including FSA, HRA and MERP) which is subject to COBRA. Use a separate form for each plan with a unique set of rates and/or group number.
Section A – Plan Information
IMPORTANT: Missing or incomplete fields will cause a delay in the implementation process and may cause a loss of the desired effective date.
Company Name Carrier Name Group Number Plan Name
Is there a waiting period? If yes, how long? Following the waiting period, coverage is effective:
Yes No ____ Days ____
Months Immediately Next Day First of the Month Other (specify) _________ Upon termination, coverage ceases Number of employees covered on plan Date of termination Day following termination End of month Other (specify) ________ Dependent Child Age Limit Full-time Student Age Limit What is the billing effective date for newly added dependents due to birth or adoption? Date of event ____ Days following event
First of month First of following month
Coverage Type (select only one)
Medical Dental Vision RX Health FSA HRA MERP Other (specify) ____________________________________ Type of Plan Plan Effective Dates Open Enrollment Dates HMO PPO POS Indemnity Other (specify) ___________ _______ through _______ _______ through _______ Is this plan bundled or combined with any other plans for COBRA purposes? Yes No When plans are bundled for COBRA purposes, an individual electing COBRA coverage for a particular plan is, by default, also electing coverage under the other bundled plan(s). For example, if you require an employee to first elect medical coverage in order to elect dental coverage, those plans are bundled.
If yes, list the plans that are
bundled with this plan:
Section B – Rates
NOTE: If the rates for this plan are age or area rated, please provide a copy of the plan’s rate grid. Do not complete the information tables below.
If your carrier has not provided rates for a tier represented below, please enter N/A. By default, we will use the rates you provide to determine the missing rate (e.g., if a spouse only rate is not provided, we will use the employee only rate in spouse only scenarios, etc.)
Rates – Do not include the 2% COBRA Administrative Fee
Employee Only (EE) EE + Spouse EE + Child EE + Children Family Spouse Only (SP) SP + Child SP + Children Child Only Children Only $ $ $ $ $ $ $ $ $ $
Rates – Do not include the 2% COBRA Administrative Fee
Individual Only Individual + 1 Individual + 2 or more
$ $ $
Section C – Carrier Eligibility Contact
This section is not necessary if you have chosen not to have E.D.I.S. send termination notices to your carriers.
Contact Name or Department Title Member Services Phone Number Address City State Zip
Phone Fax Email
How do you currently notify this carrier of employee terminations? City of Mendota
0 30
26 26
0 07/01/2022 06/30/2023 05/15/2022 06/30/2022
Ameritas 010.039247 EyeMed Vision
6 0
8.48 18.24 14.80 14.80 24.56 8.48 14.80 14.80 8.48
CA Insurance License #0M76879
BROKER / CONSULTANT INFORMATION
Broker Information
Broker Name Agency Name Agency FEIN
Address City State Zip
Phone Fax Email
Account Manager Name Phone Email
Who is the primary Agency contact for this
employer for COBRA purposes? Broker Account Manager Will the Agency be handling the payment of the
COBRA fees? Yes No
Craig Brueckner BRS Financial Group, LLC 47-5610567
7447 N First St, STE 100 Fresno CA 93720
(559) 432-0440 (559) 432-0770 [email protected] Lynda Webb (559) 432-0440 [email protected]
X
X
CARRIER ELIGIBILITY CONTACT AUTHORIZATION –
PLEASE COPY AND PASTE THE BELOW LANGUAGE ON YOUR
COMPANY LETTERHEAD WITH THE APPROPRIATE FIELDS COMPLETED.
Once completed, return to [email protected].
[Date]
[Carrier Name]
[Street Address]
[City, St, Zip]
Attention: <Carrier Representative, if available>
Fax # <Carrier Fax>
Regarding: <Group Name>
Group Numbers: <Group # and Name of Plan(s)
To Whom It May Concern:
Please add the following Group Administrator to our accounts to assist with COBRA Administration eligibility effective immediately: (Please do not change group premium billing information or address.)
Employer Driven Insurance Services, Inc. (E.D.I.S.)
COBRA/CAL-COBRA Department
Po Box 7809
Visalia, CA 93290
CA Insurance License #0M76879
Contact Name: Kaycie Ward
Toll Free # (888) 886-7973
Fax # (559) 733-1314
Email Address: [email protected]
____________________________________________________________ ________________ Authorized Group Contact Title Date
cc: Kaycie Ward
E.D.I.S.
CA Insurance License #0M76879 CPF_6‐19
Current COBRA/CAL‐COBRA Participants
INSTRUCTIONS: Complete requested information for each employee or family member currently on COBRA or CAL‐COBRA Signature of Employer Representative: ___________________________________________________ Date: ________________________________ Phone Number: ____________________________ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ Name Address Relationship to Employee Birth Date Social Security Number Hire Date of Employee Benefit Start Date Qualifying Event Date of Qualifying Event COBRA Start Date COBRA Paid Thru Date Elected coverages: Check all that apply and indicate the premium currently billed ( ) Medical $ ( ) Dental $ ( ) Vision $ ( ) Other $ CA Insurance License #0M76879 COQ_6‐19
COBRA/CAL‐COBRA Qualifiers
Currently in Election Period
(complete for each employee terminated in the last 90 days and for any dependent on the plan of whom you are aware has experienced a qualifying event in the last 90 days.) Please attach a copy of the COBRA Eligibility Notice and Election Form mailed to the above named qualifier(s) if available. If these have not previously been provided to the qualifier(s), let us know immediately so we can provide them. Failure to notify COBRA/CAL‐COBRA qualifiers within timeframes specified by law, can result in employer fines.
Signature of Employer Representative: __________________________________________ Date: ______________________________ Phone Number: ______________________ Name Birth Date
Employee
Dependent
Date Election Notice
Was Mailed:
Date of Hire
Birth Date
Employee
Dependent
Date Election Notice
Was Mailed:
Date of Hire
Name Birth Date
Employee
Dependent
Date Election Notice
Was Mailed:
Date of Hire
Name Address Birth Date Social Security Number
Employee
Dependent
Date of Qualifying Event Date Election Notice
Was Mailed:
Date of Hire
Qualifying Event Original Effective Date of Insurance
(559) 655-3291
Address Social Security Number
Date of Qualifying Event
Qualifying Event Originl Effective Date of Insurance
Name Address Social Security Number
Date of Qualifying Event
Qualifying Event Original Effective Date of
Insurance
Address Social Security Number
Date of Qualifying Event
Qualifying Event Original Effective Date of Insurance
CA Insurance License #0M76879 COSVCAGMT7_19
COBRA Service Agreement
This Agreement is entered into by and between Employer Driven Insurance Services, Inc. (“Company”) and _____________________________________ (“Client”) and Client’s successors and assigns. The Parties to this Agreement shall sometimes be referred to herein collectively as “the Parties”.
CHECK ONE:
Client employed 20 or more individuals on at least 50% of the “typical business days” of the preceding calendar year and is subject to federal COBRA.
Client employed 2-19 individual on at least 50% of the “typical business days” of the preceding calendar year and is subject to CAL-COBRA.
(All full-time and part-time common law employees should be counted. (Do not count self-employed individuals, independent contractors (and their employees and agents), leased employees who are not common law employees of the employer; or non-employee directors (in the case of a corporation.) WHEREAS, it is understood that Client has established one or more health benefit programs (“Plans(s)”) for eligible employees and their dependents, and
WHEREAS, it is understood the federal government has imposed certain statutory requirements upon employers and administrators of employer sponsored group health plans pursuant to the Health Insurance Portability and Accountability Act, as amended (“HIPAA”) and continuation of health benefits for covered persons pursuant to the Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”), and WHEREAS, Company provides assistance, as set forth in this Agreement, to employers in satisfying the aforementioned statutory requirements, and
WHEREAS, Client and Company wish to enter into an agreement whereby Client shall obtain assistance in meeting its statutory requirements under COBRA through Company in accordance with the terms herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:
ARTICLE I. DEFINITIONS
Definitions of terms as used in this Agreement are included in Exhibit A - Definitions, and incorporated herein.
ARTICLE II. EFFECTIVE DATE
The effective date of this Agreement shall be ________________.
ARTICLE III. SERVICES TO BE PERFORMED BY COMPANY
A. As the Effective Date of this Agreement, Company shall provide the following COBRA administrative services as listed below:
1. Provide a COBRA Desk Reference to begin the on-site documentation necessary for compliance with COBRA regulations with periodic COBRA updates.
2. Prepare standard form notice for distribution to all Paid Participants as of the Effective Date of this Agreement, identifying Company assisting the Client with COBRA Administration.
3. Provide standard form format for initial Employee notification of COBRA/HIPAA rights, COBRA Qualifying Event Eligibility Notification Letter and COBRA Continuation Election Form, COBRA Rates as well as any other regulatory forms.
4. Prepare and distribute COBRA Notifications listed in item A2 within 90 days and A3 within 14 days of submission of complete and timely notification from the Client or its successors and assigns via First Class Mail. Mailing to be documented with Post Office “Certificate of Mailing”. The COBRA Election Notice will include instructions to return upon completion to Employer Driven Insurance Services, Inc. for processing.
Timely receipt of election is understood by the Parties to this Agreement to mean any election that is received in the offices of the Company or postmarked for delivery on or prior to the expiration of the Election Period.
City of Mendota
X
July 1, 2022
CA Insurance License #0M76879 COSVCAGMT7_19
5. Prepare and distribute premium billing to the address of each Elected Participant for all past and current amounts owed to activate the continuation of coverage. Timely receipt of initial premium is understood by the Parties to this Agreement to mean received in the offices of the Company on or before 45 days after timely receipt of the Electing Participant’s election. Timely receipt of premiums thereafter is any time with 30 days after the due date unless advised of additional time allowed under the Client’s Plan(s).
6. Remit to the Client, within 10 business days of the first day of each month, a check for the Net Amount Due Client. Net Amount Due Client is the aggregate of all Paid Participant premiums timely received by Company in the preceding month, (excluding the 2% administrative fee for Federal COBRA and the 10% administrative fee for CAL-COBRA allowed by law).
7. Provide Client a Remittance Detail Report listing the Paid Participant premium timely received for the preceding month, Eligible Participant, Elected Participant, and COBRA Termination reports.
8. Upon receipt of notification from Client of continuation coverage premium rate changes, Company will notify all Eligible, Elected and Paid Participants of such changes in premium due.
9. Company will notify Electing and/or Paid Participant of the termination of their COBRA coverage in the event the Participant is found ineligible to continue coverage pursuant to provisions of COBRA.
10. Provide Paid Participant 180 days notice prior to expiration of continuation coverage, the date that the maximum period of COBRA continuation will expire, and when applicable, advise the Paid Participant of the right to an individual conversion contract and or the right to elect any applicable state continuation extension of coverage after COBRA continuation has expired.
11. Whatever additional notification and election services as may, from time to time, be required by changes in federal regulatory requirements.
ARTICLE IV. COBRA DUTIES OF THE CLIENT
A. Client shall provide Company with all such information, as Company requires in its sole discretion, to properly advise qualified beneficiaries under COBRA, in writing, of their rights to elect and receive COBRA continuation coverage under the Plan(s). Client shall be exclusively responsible for the accuracy and completeness of the information provided to Company. Client shall provide notice to the Company as soon as reasonably possible of any of the following events that will result in a loss of coverage under one of Client's Plan(s) ("qualifying events"):
1. For a covered employee
-- Termination of employment (other than for gross misconduct) or reduction in hours of employment.
For spouses or dependent children of a covered employee -- The covered employee's termination of employment (other than for gross misconduct) or reduction in hours of employment.
-- The covered employee's death.
-- A divorce or legal separation of a spouse from a covered employee. -- A covered employee's entitlement to Medicare benefits. -- A child's loss of dependent status under the plan(s).
For retirees, their spouses and dependent children:
-- The commencement of a bankruptcy proceeding.
Any other qualifying event as defined by law, and as the law may be amended or interpreted from time to time.
B. Client shall notify the Company as soon as possible, but in no event later than five (5) business days after becoming aware, that any qualified beneficiary was disabled (as defined by the Social Security Act) at the time of the qualifying event, has become disabled within sixty (60) days of a qualifying event or having been disabled, is no longer disabled.
C. Client shall notify the Company in writing as soon as reasonable possible but not less than thirty (30) days in advance of the effective date of the addition, termination or modification of any Plan as described in Section 2(2)(e) below.
D. Client shall notify the Company as soon as possible, but in no event later than five (5) business days after becoming aware of a determination of Trade Adjustment Assistance ("TAA") for any qualified beneficiary by either the United States Department of Labor or a state agency.
E. For each qualified beneficiary, Client shall determine the premium rates to be charged for COBRA continuation coverage and shall notify Company of such premiums in writing not less than thirty (30) days in advance of the effective date of CA Insurance License #0M76879 COSVCAGMT7_19
the premiums. Client shall notify Company of any change in premium rates affecting participants or prospective participants under a Plan as soon as reasonably possible after being made aware of such premium rate change but not less than thirty (30) days in advance of the effective date of change. If Client fails to satisfy these requirements, Client agrees that Company will not impose any premium increase on Client’s affected qualified beneficiaries, elected and/or paid participants until the first premium month following thirty (30) days from the date Client notified Company of any such change.
F. Client shall be solely responsible for examining the Company’s status reports and shall notify the Company of any discrepancies between such status reports and Client’s own records as soon as reasonably possible, but in no event later than five (5) business days after becoming aware of such discrepancies.
G. All notices to be provided to the Company shall be in writing on forms provided to Client by Company. The Client shall be solely responsible for determining whether or not an individual has had a qualifying event, including, without limitation, whether the employee has been terminated for gross misconduct.
H. Client shall notify and advise Company of qualified beneficiaries who, at the time of a qualifying event, have been deemed incompetent and provide Company with the name and address of such individual’s legal guardian.
I. Client represents that the Plan(s) will be maintained during the term of this Agreement in accordance with ERISA, and the Internal Revenue Code of 1986, as amended, and other applicable law. Client, the Plan(s) administrator and/or the Plan(s) (and their agents or assigns), and not Company, shall be responsible for the review and payment of claims for benefits under the Plan(s) and all appeals under ERISA and other applicable law, including, without limitation, with respect to claims, benefits and eligibility determinations under the Plan(s).
J. Company may share information provided pursuant to this Agreement with Client’s insurance broker or representative, unless Client provides Company written instructions to the contrary.
ARTICLE V. COBRA ADMINISTRATIVE FEES
A. As compensation for the services provided by Company under this Agreement, Client shall pay Company in accordance with the fees and charges set forth in this Agreement. A grace period of thirty (30) days without interest will be allowed for the payment of every charge due and payable after the effective date. This subsection does not apply to the initial charge. Failure of Client to pay any charge within the grace period can result in assessment of late fees equal to 15% of charges due. Client will be liable to COMPANY for charges due and unpaid on the termination date. In addition to the fees and charges set forth in this agreement, Company shall charge and retain the 2 percent administrative charge paid by each Participant under the Plan(s) as compensation for the handling of premium payments or shall charge and retain any greater administration charge allowed by law, whichever is higher. Company shall give Client at minimum a thirty (30) days advance notice of price adjustments, which Company may institute from time to time.
Company will be compensated by Client, or other party as listed below, a monthly flat rate for each Employee enrolled in Client’s health benefit program as follows:
$2.00 per employee per month (waived for our EDHP™ product portfolio) Active COBRA Participants - $4.50 per Paid Participant billed per month (waived for our EDHP™ product portfolio)
Please indicate if somebody other than the client listed in this contract will be handling payment of the COBRA fees:
Name: __________________________________________________ Address: _____________________________________________________________________________ Phone: ____________________________________ Email: ___________________________________ Please note, if the person designated to handle the payment of fees should fail to remit payment, or lose affiliation with Client, the Client will assume responsibility for payment.
CA Insurance License #0M76879 COSVCAGMT7_19
B. Company will be entitled to charge Clients Paid Participants the maximum allowable administrative charge under legislation then in effect (currently 2% of premium for Federal COBRA and 10% of premium for CAL-COBRA).
C. Company will be entitled to charge a one-time $100.00 initial set-up fee, which will be waived for Employer Driven Insurance Services, Inc. clients. Company is also entitled to charge an annual $50 renewal fee.
D. It is expressly agreed and understood by the Parties that Client, as of the Effective Date of this Agreement, shall not demand or accept any continuation coverage premium or fees whatsoever from any Participant obtaining continuation coverage.
E. The compensation provided for in this Article shall remain in effect until the end of the Employer Driven Insurance Services, Inc. Services Agreement Year. Company may amend Agreement, by providing the client written notice of such amendment at least thirty (30) days prior to the commencement of the new Agreement Year.
ARTICLE VI. TERMINATION
Either party may terminate this Services Agreement. Notice of termination must be made in writing. Termination will be effective on the last day of the month following the month in which such notice is sent by party giving notice, except in the following instances, whereby termination will be effective immediately:
1. When the compensation owed Company remains unpaid 30 days beyond the due date.
2. The last date the Client no longer has a group health insurance program in place.
3. The date on which a proceeding is filed by or against the Client under bankruptcy statutes of the United States, or the Client is placed under receivership or trusteeship under any state or federal statute.
B. In the event of termination of this Agreement, Company shall have no further duty, obligation or responsibility under this Agreement after the termination date. Under no circumstances will Employer Driven Insurance Services, Inc. be obligated to notify any Participant of the termination of this Agreement.
ARTICLE VII. GENERAL PROVISIONS
1. Termination of Agreement. Either party may terminate this Agreement without cause after thirty (30) days written notice to the other party of the intent to terminate. In the event of payment default by Client, Company may terminate this Agreement if, after five (5) days written notice, Client fails to deliver full payment. In the event that either party shall terminate this Agreement, Company will, within fifteen (15) days of receipt of payment in full, provide Client with a status report of each of the continuants who were subject to this Agreement as of the date of termination in order to permit Client to provide continuation services with respect to the Plan(s). The provisions of Sections 3 through 14 of this Article shall survive the termination of this Agreement.
2. Audit Rights. During the term of this Agreement and for a period of one (1) year after the termination of this Agreement, Client may inspect any COBRA compliance transactions, procedures, records and participant files relating to Client's employees (and their dependents), at Company's office at a time reasonably acceptable to Company, upon providing ten (10) business days advance written notice to Company.
3. Claims and Indemnity. Notwithstanding anything in this Agreement to the contrary, Company shall not be responsible to receive or review claims for benefits under the Plan(s) or be liable for the payment of any claims for benefits under or in connection with the Plan(s), including, without limitation, where sought as damages in an action against Client, Company or otherwise. Client agrees to hold Company harmless (including reasonable attorneys fees and costs) in connection with any claim or cause of action, which results from the failure or alleged failure of Client (including its officers and employees, any entity related to or performing services on behalf of Client, or any insurance company providing services to or on behalf of the Plan(s)) to comply with COBRA or any other applicable federal or state law.
4. Confidential Information. Both during and after the term of this Agreement, Client shall hold for Company’s benefit and shall not use or disclose to any third party any trade secrets, or confidential information, knowledge, or data relating to the subject of this Agreement or related materials relating to the Company’s operations, business, or affairs including, without limitation, pricing proposals or pricing agreements. This restriction will not apply to disclosure to legal, tax or CA Insurance License #0M76879 COSVCAGMT7_19
financial advisors; provided those advisors are notified of this provision and the advisors agree to use their respective best efforts to protect against any further disclosure by these persons.
5. Ownership Rights in Materials. All products, forms, procedures and other materials (the “Materials") utilized or made available by Company to Client in connection with any service performed under this Agreement are the sole property of Company, and Client shall not acquire any right, title or interest in the Materials by use thereof in accordance with this Agreement. Client shall not license, market, copy, modify, sell or transfer any of the Materials, in whole or in part.
Client acknowledges and recognizes that any breach of this section would result in irreparable harm to Company, and, accordingly, agrees that in addition to and not in lieu of all remedies available to Company by reason of such breach (at law or equity), Company shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence or continuation of such breach. Upon Company's request, Client shall promptly return all Materials to Company following the termination of this Agreement.
6. No Implied Licenses. Except as expressly specified in this Agreement, nothing in this Agreement shall be deemed to grant to Client, by implication, estoppel or otherwise, license rights, ownership rights or any other intellectual property rights in any software, literary works, other works of authorship, specifications, design documents and analyses, programs, documentation, reports, and similar work product owned by Company.
7. Relationship of Parties. Client and Company acknowledge and agree that Company is retained under this Agreement to assist Client, the Plan(s) and/or the Plan Administrator of the Plan(s) with their obligations to comply with the continuation coverage provisions of COBRA, and that Company is not a fiduciary under ERISA. The parties further acknowledge that Company is an independent contractor and not a partner, agent or employee of Client, the Plan(s) or the Plan Administrator of the Plan(s). Nothing contained in this Agreement shall be deemed to permit either party to conduct business in the name of or on account of the other party, or to act on behalf of or bind the other party in any manner whatsoever, except for the taking of actions by Company on behalf of Client, the Plan(s), the Plan Administrator of the Plan(s) in the fulfillment of Company's duties under this Agreement.
8. Reliance by Company. Company shall be fully protected in relying upon representations by Client set forth in this Agreement and communications made by or on behalf of Client in effecting its duties under this Agreement. Client represents that the signatory to this Agreement is authorized to enter into such Agreement on behalf of Client, the Plan(s) Administrator(s) and/or the Plan(s).
9. Indemnification of Client. With regard to 3rd party claims only, during the term of this Agreement, subject to Client's reasonably accurate and timely performance of its duties under this Agreement, Company shall indemnify and hold Client harmless from any gross negligence and willful misconduct on behalf of Company arising out of the Company’s breach of its obligations contained in this written agreement. Should liability be related to excise taxes imposed on Client by the Internal Revenue Service arising out of any COBRA violation directly caused by the failure of Company to timely and properly perform any of the services that Company is obligated to provide under this Agreement, Company shall have the right to challenge the assessment of, or seek a waiver from the Internal Revenue Service with respect to, all or any portion of such excise taxes, and Client shall fully cooperate with Company in such regard. Client, and not Company, shall have responsibility with respect to any liability or excise taxes in cases where liability arises out of Client's act or failure to act in accordance with any applicable law or this Agreement. Company shall not be responsible for any damages to Client arising out of the dishonest, fraudulent, or criminal acts of Client, its employees, directors, or officers, acting alone or in collusion with others.
10.Limitation of Liability. EXCEPT AS SPECIFICALLY LIMITED IN SECTION 9 ABOVE, IN NO EVENT WILL
COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL
DAMAGES HOWSOEVER INCURRED OR DESIGNATED, OR ANY LOSS OF PROFITS, EVEN IF COMPANY WAS INFORMED OF THE POSSIBILITY OF SUCH LOSS.
11.Force Majeure. Company shall not be liable for failures or delays in performance which are caused by natural disasters, strikes, war, utility outages, communication outages, or any other circumstances which could not have been reasonably foreseen and avoided by commercially reasonable action, or are beyond the reasonable control of Company. Company shall be excused from performance under this Agreement for the duration of the effects of such circumstances.
CA Insurance License #0M76879 COSVCAGMT7_19
12.Entire Agreement, Amendments And Modifications. This Agreement represents the entire agreement between the parties, and there are no oral or other written agreements or understandings between the parties affecting this Agreement, or related to the services to be provided by Company or duties undertaken by Client under this Agreement. This Agreement supersedes all previous agreements between the parties. This Agreement may be amended only by a written agreement executed by Client and Company. Client may not assign this Agreement without the express written consent of Company.
13.Third Party Beneficiaries. The parties do not intend, by the execution of this Agreement, to provide any rights to third parties under this Agreement.
14.Governing Law and Jurisdiction. This Agreement shall be governed by and construed under the laws of the State of California, except to the extent preempted by ERISA. If any provision of the agreement is held to be invalid in any court of competent jurisdiction, such finding shall not invalidate the remainder of the Agreement. With respect to any claim arising out of this Agreement, (a) each party irrevocably submits to the exclusive jurisdiction of the courts of the State of California, or the United States District Court, located in Tulare County, California and (b) each party irrevocably waives any objection which it may have at any time to the venue of any suit, action or proceeding arising out of or relating to this Agreement brought in any such court and irrevocably waives any claim such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over such party.
Employer Driven Insurance Services, Inc. Client Name:
By: ________________________________________ By: ___________________________________ (Signature) (Signature)
President
________________________________________ __________________________ _________ (Title & Date) (Title & Date)
CA Insurance License #0M76879 COSVCAGMT7_19
Exhibit A – Definitions
Calendar Year means the one year commencing on January 1 and ending on the following December 31.
COBRA means the Consolidated Omnibus Budget Reconciliation Act of 1985 and its amendments.
Dependent means any person who is BOTH eligible for coverage and covered as a dependent spouse or child under the Client’s health plan on the day before a Qualifying Event.
Employees are ALL employees eligible to participate in the Employee’s health plan.
Eligible Participant means a plan participant who has experienced a qualifying event.
Elected Participant means an Eligible Participant that has elected to continue health insurance coverage through their COBRA eligibility.
Election Period means the period of at least sixty (60) days beginning on the latter of the date on which coverage under the health plan was terminated by reason of a qualifying event or the post-mark date on which the Notification of COBRA Eligibility was mailed, and ending on the sixtieth (60) day thereafter.
Employee means any person who is both eligible for coverage and covered as an employee under the Client’s health benefit plan on the day before the Qualifying Event.
HIPAA means Health Insurance Portability and Accountability Act of 1996 and its amendments.
Paid Participant means an Elected Participant for which continuation health plan coverage premium has been timely received and who remains eligible for such continuation coverage.
Plan Participant means an Employee or a Dependent both eligible and covered under the Client’s health plan. Participant wording in this agreement is both singular and plural.
Qualified Beneficiary means a participant eligible for continuation of health insurance benefits due to the loss of such coverage due to certain events defined in the COBRA legislation.
Qualifying Event means the occurrence of any of the following specific events that result in a loss of coverage by a participant under the Client’s Plan(s): a.) Death of a covered employee or covered retiree; b.) Termination of employment of a covered employee (for reasons other than gross misconduct) or reduction in employee’s hours; c.) Divorce an/or legal separation from the covered employee; d.) Covered employee/retiree becoming entitled to Medicare; e.) Dependent children who cease to be eligible as “dependents” under provision(s) of the Plan(s); e.) Client filing for bankruptcy whereby loss or substantial elimination of benefits under plans(s) within one year before or after the commencement of bankruptcy proceeding; and f.) Any other event resulting in a covered employee and/or dependent becoming qualified to continue coverage under the provisions of COBRA.
City of Mendota Employee Benefits Plan
Plan Document and
Summary Plan Description
Disclaimer: This document is made available by Mineral™ as a service to its clients. This document has been prepared for Mineral™ by Barrow Weatherhead Lent LLP ("BWL") and is intended to be used by a company sponsoring an ERISA-governed single employer plan. While BWL from time-to-time updates this model form document for Mineral™, BWL specifically disclaims any responsibility to (1) ensure this sample document is appropriate for any Mineral™ client's use or (2) provide updates to reflect changes in applicable law directly to any Mineral™ client that does not maintain a client relationship with BWL. Clients who choose to use this document should consult with their own counsel to adapt this form to their plan terms and are responsible for ensuring that this document is consistent with any carrier documents and with how the plan is being administered by any third party administrators. This document is not intended, and should not be viewed, as legal guidance or advice. Specific questions about the tax or legal implications of employer plans should be referred to qualified counsel. This document is not and should not be deemed to be in any way made available as an inducement to establish or maintain a business relationship with BWL.
This document is not intended for use by employers who are governmental agencies or bodies (e.g., municipalities, school districts, counties) that are not subject to ERISA nor is it intended for sponsors of a "church plan" unless it elects to be subject to ERISA. All or part of this plan may not apply to those types of plans. Additionally, this document is intended only for use by unfunded plans (i.e., the plan's benefits are paid solely through group insurance, or directly by the Plan Sponsor from its general assets, or a combination).
City of Mendota
Wrap Plan
PLAN DOCUMENT AND
SUMMARY PLAN DESCRIPTION
Effective as of July 1, 2022
The Plan Sponsor reserves the right to amend this Plan, in its sole discretion, at any time without the consent of any employee, former employee, or participant. The benefits provided under the Plan are not guaranteed benefits for covered persons or for their dependents. The Plan Sponsor reserves the right, in its sole discretion, to terminate the Plan or any Plan feature or component at any time and for any reason without liability.
The terms "you" and "your" as used in this document refer to an individual who is otherwise eligible to participate in the Plan. Receipt of this document does not guarantee that the recipient is in fact eligible to participate in the Plan or any Plan feature or component. 34444555555788999999
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23 Table of Contents
Table of Contents
GENERAL INFORMATION ABOUT THE PLAN
General Plan Information
Employer Information
Plan Administrator Information
Service of Legal Process
Type of Welfare Plan
Type of Administration
Amendment and Termination
ELIGIBILITY AND BENEFITS
Employee Eligibility Requirements
Dependent Eligibility Requirements
Special Enrollment Rights
Qualified Medical Child Support Orders
Plan Benefits
Loss of Benefits
Plan Costs
NOTICES AND DISCLOSURES
Special Rule for Mothers' and Newborns' Coverage
Special Rule for Women's Health Coverage
Notice Regarding Lifetime and Annual Dollar Limits
Patient Protection Disclosure
Tax Notes
Mental Health Parity
No Surprises Act
RESPONSIBILITIES FOR PLAN ADMINISTRATION
Plan Administrator
Duties of the Plan Administrator
Plan Administrator Compensation
Fiduciary Duties
The Named Fiduciary
Uniformed Services Reemployment Rights
Genetic Nondiscrimination
COBRA
Introduction
COBRA Continuation Coverage
FUNDING POLICY
SUBROGATION AND RIGHTS OF RECOVERY
Assignment of Rights (Subrogation)
Equitable Liens/Equitable Remedies
Assisting Reimbursement Activities
Recovery of Overpayments
PLAN IS NOT AN EMPLOYMENT CONTRACT
ADDITIONAL PLAN INFORMATION
Your Rights Under ERISA
Prudent Actions by Plan Fiduciaries
Enforce Your Rights
Assistance with Your Questions
Claims Procedure for the Plan
Claims Procedure for Disability Benefits filed under the Plan Claims Procedures for a Group Health Plan
City of Mendota
Wrap Plan
PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION
Effective as of July 1, 2022
This document, together with the provider contracts identified in Schedule A, and their respective policies, descriptions and other materials (either written or electronic), constitute the written plan and the summary plan description as required by Section 102 of the Employee Retirement Income Security Act of 1974 ("ERISA") and U.S.
Department of Labor Regulation Sections 2520.102-2 and 2520.102-3 for the City of Mendota Wrap Plan (the "Plan").
The policies, contracts or booklets for each underlying Plan feature govern the benefits to be provided and include more details on how the Plan features operate. If there is any conflict between this plan document and such policies, contracts or booklets, then such other documents will control, unless otherwise specified herein. Participants and beneficiaries should not rely on any oral description of the Plan because the written terms of the Plan will always govern.
A. GENERAL INFORMATION ABOUT THE PLAN
This section contains general information that you may need to know about the Plan.
1. General Plan Information
The name of the Plan is the City of Mendota Wrap Plan.
The Plan Sponsor has assigned Plan Number 501 to the Plan.
The original effective date of the plan was July 1, 2022.
The Plan Year is the twelve-month period ending each June 30th.
The Plan includes the following Plan features:
Group Medical Benefits (the "Group Medical Feature")
Health Reimbursement Account (the "HRA Feature")
Group Dental Benefits (the "Group Dental Feature")
Group Vision Benefits (the "Group Vision Feature")
Group Life/AD&D Benefits (the "Group Life/AD&D Feature") Group Short Term Disability Benefits (the "Group STD Feature") Group Long Term Disability Benefits (the "Group LTD Feature") Voluntary Term Life/AD&D (the "Voluntary Term Life/AD&D Feature") Worksite Products (the "Worksite Products Feature")
2. Employer Information
The Plan Sponsor's name, address, and employer identification number are:
City of Mendota
643 Quince Street
MENDOTA, CA 93640
E.I.N.: 94-6000369
3. Plan Administrator Information
The Plan Administrator's name and contact information is:
City of Mendota
643 Quince Street
MENDOTA, CA 93640
Telephone: (559) 630-2849
The Plan Administrator keeps the records for the Plan and is responsible for the administration of the Plan.
The Plan Administrator will also answer any questions you may have about the Plan.
4. Service of Legal Process
The name of the Plan's agent for service of legal process is:
City of Mendota
643 Quince Street
MENDOTA, CA 93640
Service of legal process may also be made upon the Plan Administrator.
5. Type of Welfare Plan
The Plan is intended to be an "employee welfare benefit plan" within the meaning of ERISA Section 3(1).
6. Type of Administration
Benefits furnished under the Plan are administered by the providers from which benefits are purchased, or in the case of certain self-funded benefits, by the Plan Administrator (or a third-party administrator, as may be designated by the Plan Administrator from time to time). The name of each provider is set out in Schedule A. Unless otherwise indicated, all benefits furnished under the Plan are provided under the insurance policies, administrative contracts and/or plan documents identified in Schedule A, and the respective providers identified therein provide all necessary administrative services.
7. Amendment and Termination
The Plan Sponsor reserves the right to amend any one or more of the underlying Plan features or component benefits of the Plan at any time and for any reason, in its sole discretion, without the consent of any employee or former employee or participant. The benefits provided under the Plan are not guaranteed benefits for covered persons or for their dependents. The Plan Sponsor reserves the right, in its sole discretion, to terminate the Plan or any Plan feature at any time and for any reason, without liability. Upon the termination of the Plan or a Plan feature, as the case may be, all elections and reductions in compensation relating to the Plan or the applicable Plan feature will terminate.
The Plan may be amended or terminated by a written instrument duly adopted by the Plan Sponsor or any of its delegates. The Plan Sponsor may authorize one or more individuals to sign insurance contracts for this Plan on behalf of the Plan Sponsor, including amendments to those contracts, and such individual may adopt (by a written instrument) amendments to the Plan that he or she considers to be administrative in nature or advisable to comply with applicable law.
B. ELIGIBILITY AND BENEFITS
1. Employee Eligibility Requirements
Subject to each Plan feature's eligibility requirements that are set forth in the provider contracts or other plan documents identified in Schedule A, and their respective policies, descriptions, plan materials and participant communications, all regular full-time and part-time employees of the Plan Sponsor are eligible to participate in the Plan as described in the table below.
Employee
Eligibility
Criteria
Hours
Worked
Requirement
Dependent Eligibility Waiting
Period
Employee's
Participation
Ends
Applicable
Plan
Features
NonCouncil
Employees
30 hours a
week
Spouse, Dependent/Child - Biological
children, Adopted children,
Stepchildren, Foster children,
Children for whom you are
responsible under court order,
Children for whom you are appointed
legal guardianship., Domestic Partner
(see Section 2 below)
the first
of the
month
following
30 days
At the end of
the month in
which the
employee's
employment
terminates
Medical,
Life/AD&D,
Voluntary
Term
Life/AD&D,
HRA, ST
Disability,
Worksite
Products,
Dental, LT
Disability,
Worksite
Products,
Vision
City
Council
Members
30 hours a
week
Spouse, Dependent/Child - Biological
children, Adopted children,
Stepchildren, Foster children,
Children for whom you are
responsible under court order,
Children for whom you are appointed
legal guardianship., Domestic Partner
(see Section 2 below)
the first
of the
month
following
30 days
At the end of
the month in
which the
employee's
employment
terminates
Medical,
Life/AD&D,
HRA,
Worksite
Products,
Dental,
Worksite
Products,
Vision
To the extent that the Plan and/or a Plan feature's provider contracts and/or other plan documents refer to the eligibility of "employees," only individuals classified as "employees" by the Plan Sponsor are eligible to participate in such Plan feature. Independent contractors, freelancers and individuals hired through staffing firms shall not be eligible even if they are subsequently determined to be common law employees for any purpose, including without limitation, for wage, labor or tax purposes by the Internal Revenue Service, the Department of Labor or any other Federal or state agency, administrative body or court. Any such determination should have a prospective effect only.
Certain Plan features require enrollment (either once or annually) for coverage. Information about enrollment procedures, including when coverage begins and ends for the various Plan features, is found in the attachments. An eligible employee begins participating in the Plan upon his or her election to participate in a Plan feature in accordance with the terms and conditions established for that feature or, if earlier, upon meeting the eligibility criteria and becoming covered under a Plan feature that does not require enrollment or an election.
Other individuals, such as Eligible Dependents may be eligible to participate in and receive benefits under one or more of the Plan features due to their relationship to an eligible employee. Information about such eligibility and coverage is found in the respective attachments.
NOTE: The Plan Administrator reserves the right to terminate your health care coverage prospectively without notice for cause (as determined by the Plan Administrator), or if you or a dependent are otherwise determined to be ineligible for coverage under the Plan. In addition, if you or your dependent commits fraud or intentional misrepresentation of a material fact (including, for example, in an application for health coverage under the Plan), in connection with a benefit claim or appeal, or in response to any request for information by the Plan Sponsor or its delegees (including the Plan Administrator or a claims administrator), the Plan Administrator may terminate your coverage retroactively upon 30 days' notice.
Failure to inform any such persons that you or your dependent is covered under another group health plan (if required by the Plan) or knowingly providing false information in order to obtain coverage for an ineligible dependent are examples of actions that constitute fraud under the Plan. Coverage may also be
terminated retroactively and without notice (unless required by law) if the Plan Administrator or its delegee determines that a spouse or dependent is ineligible for coverage under the Plan and such retroactive termination would not be considered a rescission under the Affordable Care Act. If coverage is terminated retroactively, you must reimburse the Plan and/or its delegee for the costs associated with providing coverage to any ineligible persons (including benefit claims, processing fees, administrative charges and all other costs), plus interest and any attorneys' fees incurred by them in order to collect such amounts.
Additionally, you may be subject to further disciplinary action from the Plan Sponsor, including, but not limited to, termination of employment.
2. Dependent Eligibility Requirements
Subject to each Plan feature's eligibility requirements that are set forth in the provider contracts or other plan documents identified in Schedule A, and their respective policies, descriptions, plan materials and participant communications, you may also enroll the following members of your family in the Plan ("Eligible Dependents"):
a. Your spouse. "Spouse" means the individual to whom you are legally married as determined under federal law. The Plan Sponsor shall have the sole discretion to determine the legal status of a Participant's marriage for purposes of coverage under the Plan. b. Your children. Each of your children who is:
under age 26, whether married or unmarried, regardless of his or her student or employment status and regardless of whether your home is his or her principal place of abode or whether you support him or her financially;
over the age of 26 and are unmarried and (i) primarily dependent on you for support because of a mental or physical disability; and (ii) for whom you give the Plan Sponsor satisfactory proof of such mental or physical disability within 31 days after the later of the commencement of such mental or physical disability or the date you first become an eligible employee under this Plan; or for purposes of any Plan features that are subject to state-mandated benefits, over the age 26 to the extent required to be covered by such state law.
For purposes of this definition, "Child" and "Children" means the following: your biological children, your legally adopted children, your stepchildren, your foster children, any children for whom you are responsible under court order, children for whom you are appointed legal guardianship.
You may be required to verify the eligibility of your eligible dependents for coverage (e.g., by providing a birth or marriage certificate). If you fail to timely provide the documentation upon request to prove the eligibility of any of your eligible dependents or the Plan Administrator (or its delegee) is unable to verify the submitted documentation, your dependent (or dependents) will lose coverage under the Plan, whether or not they are otherwise eligible for benefits under the respective plan.
In order to enroll your eligible dependents in any Plan feature, you must also enroll in that coverage under the Plan. Unless your eligibility ends earlier, your eligible children will generally be covered under the Plan features that cover eligible children until the end of the month in which they reach age
26. A note about Michelle's Law: To the extent that health coverage under a Plan feature of any dependent child over the age of 26 pursuant to a state-mandated benefit requires full-time student status, a dependent child includes the Employee's eligible dependent child as defined under Code section 152(f)(1) who is receiving health coverage as a full-time student in a post-secondary educational institution (including colleges and universities), and who would otherwise lose health coverage because he/she takes a medically necessary leave of absence that would cause the loss of student status, may be entitled to up to one year of continued coverage due to the medically necessary leave. In order to be eligible for this extension, the dependent child's treating physician must provide a written certification to the Plan Administrator that the child is suffering from a serious illness or injury and the leave of absence from the post-secondary institution is medically necessary. c. Your domestic partner. The employee and domestic partner must:
* Be 18 years old;
* Not be barred from relations based on the degree of blood relation in the state in which they reside; * Have lived together in a committed relationship for at least six consecutive months and expect to continue living together in a relationship in which they have joint and reciprocal financial
responsibilities; and
* Not have a spouse or other domestic partner.
Additionally, the domestic partner cannot be independently eligible for coverage through the employer.
In addition, you must present two forms of documentation showing your shared financial responsibilities, such as:
A joint lease or mortgage;
A joint bank account statement;
Joint ownership of a motor vehicle; or
Designation of your partner as the primary beneficiary of your will, life insurance or retirement benefits.
3. Special Enrollment Rights
If you do not enroll yourself and your dependents in a group health plan after you become eligible or during annual enrollment, you may be able to enroll under the special enrollment rules under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") that apply when an individual declines coverage and later wishes to elect it. Generally, special enrollment is available if (i) you declined coverage because you had other health care coverage that you have now lost through no fault of your own (or employer contributions to your other health care coverage terminate); or (ii) you have acquired a new dependent (through marriage or the birth or adoption of a child) and wish to cover that person. When you have previously declined coverage, you must have given (in writing) the alternative coverage as your reason for waiving coverage under the group health plan when you declined to participate. In either case, as long as you meet the necessary requirements, you can enroll both yourself and all eligible dependents in the group health plan if you provide notice to the Plan Administrator within 30 days after you lose your alternative coverage (or employer contributions to your alternative coverage cease) or the date of your marriage or the birth, adoption, or placement for adoption of your child.
You may also enroll yourself and your dependents in a group health plan if you or one of your eligible dependent's coverage under Medicaid or the state Children's Health Insurance Program (CHIP) is terminated as a result of loss of eligibility, or if you or one of your eligible dependents become eligible for premium assistance (that could be used toward the Plan costs) under a Medicaid or state child health plan under CHIP. Under these two circumstances, the special enrollment period must be requested within 60 days of the loss of Medicaid/CHIP coverage or of the determination of eligibility for premium assistance under Medicaid/CHIP.
The special enrollment rules do not apply to limited scope dental or vision benefits or certain health care flexible spending accounts (e.g., spending accounts that limit benefits to employee salary reduction amounts).
See the Plan Administrator for details about special enrollment.
4. Qualified Medical Child Support Orders
A Qualified Medical Child Support Order ("QMCSO") is an order by a court for a parent to provide a child or children with health insurance under a group health plan. The Plan Administrator (unless otherwise delegated) will comply with the terms of any QMCSO it receives, and will:
Establish reasonable procedures to determine whether medical child support orders are qualified medical child support orders as defined under ERISA Section 609; Promptly notify you and any alternate recipient (as defined in ERISA Section 609(a)(2)(C)) of the receipt of any medical child support order, and the Plan's procedures for determining whether medical child support orders are qualified medical child support orders; and Within a reasonable period of time after receipt of such order, the Plan Administrator will determine whether such order is a qualified medical child support order and will notify you and each alternate recipient of such determination.
The Plan Administrator has developed procedures to determine whether a medical child support order is qualified and for complying therewith. You may obtain, without charge, a copy of these procedures upon request to the Plan Administrator.
5. Plan Benefits
The Plan provides for group medical benefits, health reimbursement account benefits, group dental benefits, group vision benefits, group life/AD&D insurance benefits, group short term disability benefits, group long term disability benefits, voluntary term life/AD&D, worksite products, all as more fully described (and subject to the limitations contained) in the provider contracts, plan documents and related materials referred to in Schedule A.
6. Loss of Benefits
As noted above, the Plan Sponsor reserves the right to change or eliminate any Plan feature under the Plan and may amend or terminate the Plan at any time. Except in the case of certain health care continuation rights under Federal law, or an applicable state law as described in the policies, contracts, booklets or other written materials for each underlying Plan feature, all benefits terminate at the end of the month that your active employment terminates or you are no longer eligible for benefits, or when the group insurance policy terminates, whichever occurs first. The Plan Administrator, in its sole discretion, reserves the right to suspend the termination of your benefits due to your loss of eligibility as a result of any declaration of a national or public health emergency.
When your participation in a component benefit program terminates, benefits under that component benefit program for you and your Eligible Dependents covered through you will cease. Termination of participation in a component benefit program occurs in accordance with the terms and conditions established for that program.
Benefits under all component programs (for all covered persons) will cease upon termination of the Plan.
Other circumstances can result in the termination of benefits. The insurance contracts (including the certificate of insurance booklets), plans, and other governing documents in the applicable Attachments provide additional information.
7. Plan Costs
Funding for Plan benefits is as described in Schedule A for each Plan feature. The dollar values of the participant contributions will be communicated to you prior to any initial, open, or special enrollment period.
C. NOTICES AND DISCLOSURES
1. Special Rule for Mothers' and Newborns' Coverage
Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the attending provider or physician, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the insurance issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Additional state laws may be applicable as more fully described in other materials detailing your medical benefits.
2. Special Rule for Women's Health Coverage
The Women's Health and Cancer Rights Act of 1998 ("WHCRA") requires group health plans, insurance issuers and HMOs who already provide medical and surgical benefits for mastectomy procedures to provide insurance coverage for reconstructive surgery following mastectomies. This expanded coverage
includes (i) reconstruction of the breast on which the mastectomy has been performed, (ii) surgery and reconstruction of the other breast to produce a symmetrical appearance, and (iii) prostheses and physical complications at all stages of mastectomy, including lymphedemas. These procedures may be subject to annual deductibles and coinsurance provisions that are similar to those applying to other medical or surgical benefits provided under the Group Medical Feature. For answers to specific questions regarding WHCRA benefits, contact the Plan Administrator. Additional state laws may be applicable as more fully described in other materials detailing your medical benefits.
3. Notice Regarding Lifetime and Annual Dollar Limits
In accordance with applicable law, any lifetime or annual dollar limits set forth in the Group Medical feature shall not apply to "essential health benefits," as such term is defined under Section 1302(b) of the Affordable Care Act. The law defines "essential health benefits" to include, at a minimum, items and services covered within certain categories including emergency services, hospitalization, prescription drugs, rehabilitative and habilitative services and devices, and laboratory services.
The restrictions regarding lifetime and annual dollar limits under the Group Medical Feature do not apply to services (even services for essential health benefits) which are limited by the number of visits or other criteria. For example, a medical plan may provide that coverage for a physical therapist is limited to up 30 visits per year per covered person.
4. Patient Protection Disclosure
If the Group Medical Feature in which you are enrolled requires the designation of a primary care provider, you have the right to designate any participating primary care provider who is available to accept you or your family members (for children, you may designate a pediatrician as the primary care provider).
For information on how to select a primary care provider and for a list of participating primary care providers, contact the Plan Administrator. You do not need prior authorization from the Plan or from any other person, including your primary care provider, in order to obtain access to obstetrical or gynecological care from a health care professional; however, you may be required to comply with certain procedures, including obtaining prior authorization for certain services, following a pre-approved treatment plan, or procedures for making referrals. For a list of participating health care professionals who specialize in obstetrics or gynecology, contact the Plan Administrator.
5. Tax Notes
Domestic Partners. Federal law does not recognize "domestic partners" for specialized tax treatment under employer-sponsored group health plans. Unless your domestic partner and domestic partner's child(ren) are your federal tax dependents for group health plan purposes, you will be subject to federal (and possibly state) tax on the imputed value of the coverage provided to the domestic partner and the domestic partner's child(ren). You must notify the Plan Administrator if you believe your domestic partner meets the requirements for a federal tax dependent for group health plan purposes or a dependent under state tax law.
6. Mental Health Parity
With respect to any Plan features, if any, subject to the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), the Plan provides parity between mental health and substance use disorder benefits and medical/surgical benefits with respect to financial requirements (e.g., deductibles, co-payments, coinsurance, and out-of-pocket maximums) and quantitative treatment limitations (e.g., number of treatments, visits, or days of coverage) or nonquantitative treatment limitations (such as restrictions based on facility type) under group health plans and health insurance coverage offered in connection with the Plan.
Specifically, the Plan will not:
Impose an aggregate lifetime or annual dollar limit, respectively, on mental health or substance use disorder benefits.
Apply any financial requirement or treatment limitation (whether quantitative or nonquantitative) to mental health or substance use disorder benefits in any classification that is more restrictive than the predominant financial requirement or treatment limitation of that type applied to substantially all medical/surgical benefits in the same classification. The Plan Administrator will determine, in
accordance with applicable regulations, the applicable mental health or substance use and medical/surgical benefit classifications.
Further, to the extent required by law, the Plan performs and documents comparative analyses of the design and application of its non-quantitative treatment limitations in accordance with applicable law.
Upon request and to the extent required by law, the Plan Administrator will:
Make any criteria used to determine medical necessity for claims involving mental health or substance use disorder benefits available to current or potential Plan participants, as well as beneficiaries or innetwork providers.
Provide its comparative analyses of non-quantitative treatment limitations to Plan participants and their authorized representatives.
The manner in which these restrictions apply to the Plan will be determined by the Plan Administrator in its sole discretion in light of applicable regulations and other guidance.
7. No Surprises Act
The No Surprises Act of the Consolidated Appropriations Act, 2021 (the "CAA"), protects you from "surprise billing" or "balance billing" when you get emergency care at an out-of-network hospital or when you receive care from an out-of-network provider who is working at a hospital or ambulatory surgical center in your health plan's network.
A "balance bill" is a bill charged to you by an out-of-network provider or facility to make up the difference between what your health plan pays and the provider charges for the items or services rendered. "Surprise billing" is an unexpected balance bill you receive from a provider or facility. This can happen when you receive care from a facility that is in-network but one of the providers at the facility is out-of-network.
Under the No Surprises Act, you are protected from balance billing for emergency services provided by out-of-network providers, including services you may get after you are in stable condition (unless you give written consent and give up your protections against balanced billing for post-stabilization services).
You are also protected from surprise bills from services you receive from out-of-network providers while at an in-network hospital or ambulatory surgery center, such as services for emergency medicine, anesthesia, pathology, radiology, laboratory, neonatology, assistance surgeon, hospitalist, or intensivist services. The most the providers can bill you is your in-network cost-sharing amount, and they can't ask you to give up your protections from being balance billed. If you receive other services at in-network facilities, out-ofnetwork providers cannot balance bill you unless you provide written consent. Written consent can never be required. Further, you can always choose to get care at an in-network facility or from an in-network provider instead of getting care from an out-of-network provider or facility.
The Plan covers emergency services without requiring you to get approval for such services in advance, which is known as prior authorization. Further, the Plan covers emergency services even if those services are provided by providers who are outside the plan's network. Your required cost sharing (co-pays, coinsurance, or deductibles) for emergency care received by an out-of-network provider or facility will be the same as what you pay a provider or facility in the Plan's network. That amount will be included in your explanation of benefits. Finally, the amount of any cost-sharing you pay for emergency services or out-ofnetwork services will count towards your applicable maximum annual deductible and out-of-pocket limits under the Plan.
Contact the Plan Administrator for more information.
D. RESPONSIBILITIES FOR PLAN ADMINISTRATION
1. Plan Administrator
It will be a duty of the Plan Administrator to ensure that the Plan is carried out, in accordance with its terms and in a nondiscriminatory manner, for the exclusive benefit of Participants and their beneficiaries in
accordance with applicable law.
The Plan Administrator has (i) the power and authority in its sole, absolute and uncontrolled discretion to control and manage the operation and administration of the Plan and (ii) all powers necessary to accomplish these purposes.
The Plan Administrator will administer the Plan in accordance with established policies, interpretations, practices, and procedures and in accordance with the requirements of ERISA and other applicable laws. With respect to the Plan, the Plan Administrator has discretion (i) to interpret the terms of the Plan, (ii) to determine factual questions that arise in the course of administering the Plan, (iii) to adopt rules and regulations regarding the administration of the Plan, (iv) to determine the conditions under which benefits become payable under the Plan and (v) to make any other determinations that the Plan Administrator believes are necessary and advisable for the administration of the Plan. Subject to any applicable claims procedure, any determination made by the Plan Administrator will be final, conclusive and binding on all parties. The Plan Administrator may delegate all or any portion of its authority to any person or entity. For example, for benefits that are fully insured, the applicable insurance company is delegated certain administrative authority.
DESPITE ANY PLAN PROVISION TO THE CONTRARY, THE POLICIES, CONTRACTS
OR BOOKLETS FOR EACH UNDERLYING PLAN FEATURE GOVERN THE BENEFITS TO BE
PROVIDED, AND THE PROVIDERS FOR EACH PLAN FEATURE ARE RESPONSIBLE FOR
MAKING BENEFIT DETERMINATIONS UNDER EACH SUCH PLAN FEATURE, NOT THE PLAN ADMINISTRATOR. IF THERE IS ANY CONFLICT BETWEEN THIS PLAN DOCUMENT
AND SUCH POLICIES, CONTRACTS OR BOOKLETS, THEN SUCH OTHER DOCUMENTS WILL CONTROL.
2. Duties of the Plan Administrator
The Plan Administrator will (i) administer the Plan in accordance with its terms, (ii) decide disputes which may arise relative to a Plan participant's rights, (iii) keep and maintain the Plan documents and all other records pertaining to the Plan, (iv) pay or arrange for the payment of claims, (v) with respect to each group health plan covered under the Plan, establish and communicate procedures to determine whether a medical child support order is qualified under Section 609 of ERISA, and (vi) perform all necessary reporting as required by ERISA.
3. Plan Administrator Compensation
While the Plan Administrator serves without compensation, all expenses for administration, including compensation for hired services, will be paid by the Plan unless paid by the Plan Sponsor.
4. Fiduciary Duties
A fiduciary must carry out his or her duties and responsibilities for the purpose of providing benefits to the participants and their dependents and defraying reasonable expenses of plan administration. These duties must be carried out with the care, skill, prudence and diligence under the given circumstances that a prudent person, acting in a like capacity and familiar with such matters, would use in a similar situation and in accordance with Plan documents to the extent that they are consistent with ERISA.
5. The Named Fiduciary
The Plan Administrator is a "named fiduciary" with respect to the Plan. A named fiduciary can appoint others to carry out fiduciary responsibilities (other than as a trustee) under the Plan. These other persons become fiduciaries themselves and are responsible for their acts under the Plan. To the extent that the named fiduciary allocates its responsibility to other persons, the named fiduciary will not be liable for any act or omission of such person unless either (i) the named fiduciary has violated its duties under ERISA in appointing the fiduciary, establishing the procedures to appoint the fiduciary or continuing to monitor the fiduciary or (ii) the named fiduciary breached its fiduciary responsibility under ERISA Section 405(a).
E. Uniformed Services Reemployment Rights
Your right to continued participation in a group health plan during leaves of absence for active military duty is protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA). Accordingly, if you are absent from work due to a period of active duty in the military for less than 31 days, your plan participation will not be interrupted. If the absence is for more than 30 days and not more than 12 weeks, you may continue to maintain your coverage under a group health plan by paying premiums in the manner specified by the Plan Sponsor.
If you do not elect to continue to participate in a group health plan during an absence for military duty that is more than 30 days, or if you revoke a prior election to continue to participate for up to 12 weeks after your military leave began, you and your covered family members will have the opportunity to elect continuation coverage under a group health plan for up to the 24-month period that begins on the first day of your leave of absence. You must pay the premiums for continuation coverage with after-tax funds, subject to the rules that are set out in the applicable Plan features.
USERRA continuation coverage is considered alternative coverage for purposes of COBRA. Therefore, if you elect USERRA continuation coverage, COBRA coverage will generally not be available.
F. Genetic Nondiscrimination
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of individuals or their family members.
To comply with this law, the Plan Sponsor is asking you not to provide any genetic information when responding to any request for medical information under the Plan. "Genetic information" that should not be disclosed pursuant to GINA includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, genetic information of a fetus carried by an individual or an individual's family member, and genetic information of an embryo lawfully held by an individual or family member receiving assistive reproductive services.
G. COBRA
1. Introduction
The right to COBRA continuation coverage was created by a Federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA continuation coverage can become available to you and to other members of your family who are covered under the Plan when you would otherwise lose your group health coverage. The following generally explains COBRA continuation coverage, when it may become available to you and your family, and what you need to do to protect the right to receive it. This notice gives only a summary of your COBRA continuation coverage rights. For more information about your COBRA rights and obligations under the Plan and under Federal law, you should ask the Plan Administrator.
The Plan Administrator is responsible for administering COBRA continuation coverage, but the Plan Administrator may delegate its administrative duties to a third party administrator from time to time. The Plan Administrator has delegated authority for administering COBRA continuation coverage to the following COBRA Administrator:
EDIS
PO Box 7809
Visalia, CA 93290
Telephone: (888) 886-7973
2. COBRA Continuation Coverage
COBRA continuation coverage is a continuation of group health plan coverage when coverage would otherwise end because of a life event known as a "qualifying event." COBRA applies to each group health plan under the Plan. Specific qualifying events are listed later. COBRA continuation coverage must be offered to each person who is a "qualified beneficiary." A qualified beneficiary is someone who will lose coverage under the Plan because of a qualifying event. Depending on the type of qualifying event,
employees, spouses of employees, and dependent children of employees may be qualified beneficiaries.
Qualified beneficiaries who elect COBRA continuation coverage must pay for COBRA continuation coverage. Federal law does not recognize your domestic partner as your spouse and a domestic partner is not recognized as a COBRA qualified beneficiary.
However, the plan will extend COBRA-like coverage to your domestic partner and his or her covered children. However, COBRA rights and protections do not apply to this extension of domestic partner coverage.
If you are an employee, you will become a qualified beneficiary if you will lose your coverage under a group health plan because either one of the following qualifying events happens:
Your hours of employment are reduced; or
Your employment ends for any reason other than your gross misconduct.
If you are the spouse of an employee, you will become a qualified beneficiary if you will lose your coverage under a group health plan because any of the following qualifying events happens:
Your spouse dies;
Your spouse's hours of employment are reduced;
Your spouse's employment ends for any reason other than his or her gross misconduct; Your spouse becomes entitled to Medicare (Part A, Part B, or both); or You become divorced or legally separated from your spouse.
Your dependent children will become qualified beneficiaries if they will lose coverage under a group health plan because any of the following qualifying events happens:
The parent-employee dies;
The parent-employee's hours of employment are reduced;
The parent-employee's employment ends for any reason other than his or her gross misconduct; The parent-employee becomes entitled to Medicare (Part A, Part B, or both); The parents become divorced or legally separated; or
The child stops being eligible for coverage under the plan as a "dependent child." Each group health plan under the Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan Administrator (or third-party COBRA administrator, as applicable) has been notified that a qualifying event has occurred. When the qualifying event is the end of employment or reduction of hours of employment, death of the employee, or entitlement of the employee to Medicare (Part A, Part B, or both), the Plan Sponsor must notify the Plan Administrator (or third-party COBRA administrator, as applicable) of the qualifying event within 30 days of the date the event occurs or the date you would otherwise lose coverage under the group health plan due to a qualifying event, whichever is later.
For the other qualifying events (divorce or legal separation of the employee and spouse or a dependent child's losing eligibility for coverage as a dependent child), you must notify the Plan Administrator (or third-party COBRA administrator, as applicable). Each group health plan covered under the Plan requires you to notify the Plan Administrator (or third-party COBRA administrator, as applicable) within 60 days after the qualifying event occurs or the date you would otherwise lose coverage under the group health plan due to a qualifying event, whichever is later.
Within 14 days of the Plan Administrator (or third-party COBRA administrator, as applicable) receiving notice (in accordance with the procedures set forth below under "Furnishing Notice to Administrator") that a qualifying event has occurred, the Plan Administrator (or third-party COBRA administrator, as applicable) will send out an election notice, offering COBRA continuation coverage to each of the qualified beneficiaries. For each qualified beneficiary who elects COBRA continuation coverage, COBRA continuation coverage will begin on the date that coverage under the group health plan would otherwise have been lost.
COBRA continuation coverage is a temporary continuation of coverage. When the qualifying event is
the death of the employee, enrollment of the employee in Medicare (Part A, Part B, or both), your divorce or legal separation, or a dependent child losing eligibility as a dependent child, COBRA continuation coverage lasts for up to 36 months.
When the qualifying event is the end of employment or reduction of the employee's hours of employment, COBRA continuation coverage lasts for up to 18 months.
There are two ways in which this 18-month period of COBRA continuation coverage can be extended.
Disability extension of 18-month period of continuation coverage If you or anyone in your family covered under a group health plan is determined by the Social Security Administration to be disabled at any time during the first 60 days of COBRA continuation coverage and you notify the Plan Administrator (or third-party COBRA administrator, as applicable) in a timely fashion, you and your entire family can receive up to an additional 11 months of COBRA continuation coverage, for a total maximum of 29 months.
You must make sure that the Plan Administrator (or third-party COBRA administrator, as applicable) is notified of the Social Security Administration's determination within 60 days of the latest of the date of the determination, the date of the qualifying event or the date you would otherwise lose coverage under the group health plan due to a qualifying event, and before the end of the 18-month period of COBRA continuation coverage.
Second qualifying event extension of 18-month period of continuation coverage If your family experiences another qualifying event while receiving COBRA continuation coverage, and such event would result in loss of health coverage if the first qualifying event had not already occurred, the spouse and dependent children in your family can get additional months of COBRA continuation coverage, up to a maximum of 36 months. This extension is available to the spouse and dependent children if the former employee dies, becomes entitled to Medicare (Part A, Part B, or both), or gets divorced or legally separated. The extension is also available to a dependent child when that child stops being eligible for coverage under the group health plan as a dependent child. In all of these cases, you must make sure that the Plan Administrator (or third-party COBRA administrator, as applicable) is notified of the second qualifying event within 60 days of the second qualifying event or the date you would otherwise lose coverage under the group health plan due to a qualifying event, whichever is later.
Furnishing Notice to Administrator
Unless the Plan has a third-party COBRA administrator, in which case qualified beneficiaries should follow the notice procedures established by the third-party COBRA administrator, when furnishing a notice to the Plan Administrator with respect to the occurrence of a qualifying event or with respect to a disability determination by the Social Security Administration, such notices will be delivered to the human resources department of the Plan Administrator (i) by hand-delivery, (ii) via facsimile, followed by written confirmation by first class mail, or (iii) by registered or certified mail, return receipt requested. Such notices will include the name(s) of the covered employee and/or qualified beneficiaries, as applicable, a general description of, and circumstances surrounding, the qualifying event or disability determination, and the date of such qualifying event or disability determination. Once the Plan Administrator receives such notice, it reserves the right to make further inquiry to verify the circumstances surrounding such qualifying event or disability determination.
End of Continuation Coverage
Continuation coverage will end earlier than the period elected if:
Timely payment of premiums for the continuation coverage is not made; The qualified beneficiary first becomes covered under any other group health plan, after the COBRA election, as an employee or otherwise;
The qualified beneficiary first becomes entitled to benefits under Medicare, after the COBRA election; The Plan Sponsor ceases to provide any group health plan to any employee; You, as the covered employee, cease to be disabled, if continuation coverage is due to your disability; or
The period of continuation coverage expires.
Health Insurance Marketplace
You may have other options available to you when you lose group health coverage. For example, you may be eligible to buy an individual plan through the Health Insurance Marketplace. By enrolling in coverage through the Marketplace, you may qualify for lower costs on your monthly premiums and lower out-ofpocket costs. Additionally, you may qualify for a 30-day special enrollment period for another group health plan for which you are eligible (such as a spouse's plan), even if that plan generally doesn't accept late enrollees. For more information about the Marketplace, visit www.healthcare.gov.
Medicare
In general, if you don't enroll in Medicare Part A or B when you are first eligible because you are still employed, after the Medicare initial enrollment period, you have an 8-month special enrollment period to sign up for Medicare Part A or B, beginning on the earlier of:
The month after your employment ends;
The month after group health plan coverage based on current employment ends.
If you don't enroll in Medicare and elect COBRA continuation coverage instead, you may have to pay a Part B late enrollment penalty and you may have a gap in coverage if you decide you want Part B later. If you elect COBRA continuation coverage and later enroll in Medicare Part A or B before the COBRA continuation coverage ends, the Plan may terminate your continuation coverage. However, if Medicare Part A or B is effective on or before the date of the COBRA election, COBRA coverage may not be discontinued on account of Medicare entitlement, even if you enroll in the other part of Medicare after the date of the election of COBRA coverage.
If you are enrolled in both COBRA continuation coverage and Medicare, Medicare will generally pay first (primary payer) and COBRA continuation coverage will pay second. Certain plans may pay as if secondary to Medicare, even if you are not enrolled in Medicare.
For more information visit https://www.medicare.gov/medicare-and-you and https://www.medicare.gov/sign-up-change-plans/how-do-i-get-parts-a-b/part-a-part-b-sign-up-periods.
Other Coverage Options
You may also be eligible for Medicaid or Children's Health Insurance Program (CHIP), which, if eligible, may be a coverage option in lieu of COBRA and may cost less than COBRA continuation coverage.
You can learn more about these options at: www.healthcare.gov or https://www.healthcare.gov/medicaidchip/childrens-health-insurance-program/.
If you have questions
If you have questions about your COBRA continuation coverage, you should contact the Plan Administrator or you may contact the nearest regional or district office of the U.S. Department of Labor's Employee Benefits Security Administration (EBSA). Addresses and phone numbers of regional and district EBSA offices are available through EBSA's website at www.dol.gov/ebsa.
Keep your plan informed of address changes
In order to protect your family's rights, you should keep the Plan Administrator (and third-party COBRA administrator, if applicable) informed of any changes in the addresses of family members. You should also keep a copy for your records of any notices you send to the Plan Administrator (or third-party COBRA administrator, as applicable).
State COBRA Rights
If you are enrolled in an insured medical coverage, you may have health care continuation coverage rights provided by state law. Any state health care continuation benefits are provided by insurance companies and are not the obligations of the Plan Sponsor or this Plan. Contact your insurance carrier if you have any questions.
Conversion of Coverage
After your coverage and the coverage of Eligible Dependents would otherwise end under a Plan feature, you may have a right to purchase a conversion policy. For more information about whether a conversion right exists for a particular Plan feature, see the applicable attachments.
H. FUNDING POLICY
Benefits furnished hereunder are provided through the purchase of insurance policies and other provider contracts, unless otherwise indicated in Schedule A. The Plan Sponsor will collect any applicable employee premiums and will pay when due all premiums required to keep such policies and contracts in force. Funding is derived from the funds of the Plan Sponsor and any contributions made by the employees. To the extent you are required to make contributions toward the cost of a particular benefit feature, your contributions will be used in their entirety prior to using Plan Sponsor contributions to pay for the cost of such benefit. Accordingly, any claims experience dividends, refunds or other adjustments in premiums, fees or other Plan costs related to benefits provided under the Plan may be used to reduce the amount of contributions made by the Plan Sponsor. The level of any employee contributions is set by the Plan Sponsor, which will be communicated to you when you first enroll in the Plan, and during each open and special enrollment period. The Plan Sponsor reserves the right to modify employee contribution amounts. Employee contributions will be used to fund, or reimburse the Plan Sponsor for funding, the cost of the Plan benefits as soon as practicable after they have been received from the employee or withheld from the employee's pay through payroll deduction.
I. SUBROGATION AND RIGHTS OF RECOVERY
The Plan is designed to only pay covered expenses under each Plan feature for which payment is not available from anyone else, including any insurance company or any other health or welfare plan. In order to help you and your covered dependents in a time of need, however, the Plan may pay covered expenses that may be or become the responsibility of another person, provided that the Plan later receives reimbursement for those payments (hereinafter called "Reimbursable Payments").
Therefore, by enrolling in the Plan, as well as by applying for payment of covered expenses, you and your dependents are subject to, and agree to, the following terms and conditions with respect to the amount of covered expenses paid by the Plan.
1. Assignment of Rights (Subrogation)
You and your dependents automatically assign to the Plan any rights (or causes of action) you and/or your dependents may have to recover all or part of the same covered expenses from any party, including an insurer or any other group health or welfare program, but limited to the amount of Reimbursable Payments made by the Plan. This assignment includes, without limitation, the assignment of a right to (or causes of action for) any funds paid by a third party to you and/or any of your dependents or paid to another for your benefit (or the benefit of one of your dependents). This assignment applies on a first-dollar basis (i.e., has priority over other rights), applies whether the funds paid to (or for the benefit of) you and/or one of your dependents constitute a full or a partial recovery, and even applies to funds paid for non-medical or nondisability charges, attorney fees, or other costs and expenses. This assignment also allows the Plan to pursue any claim that you and/or any of your dependents may have, whether or not you or such dependent chooses to pursue that claim. By this assignment, the Plan's right to recover from insurers includes, without
limitation, such recovery rights against no-fault auto insurance carriers in a situation where no third party may be liable, and from any uninsured or underinsured motorist coverage homeowner's plan, renter's plan, or any other insurance policy under which you or your dependents are insured.
The Plan will not be responsible for expenses or attorney's fees incurred by you or your dependents in connection with any recovery. Accordingly, you and your dependents must pay your own legal fees.
2. Equitable Liens/Equitable Remedies
The Plan shall also have an equitable lien against any rights (or causes of action) you and/or your dependents may have to recover the same covered expenses from any party, including an insurer or any other group health or welfare program, but limited to the amount of Reimbursable Payments made by the Plan. The equitable lien also attaches to any right to payment from workers' compensation, whether by judgment or settlement, where the Plan has paid covered expenses prior to a determination that the covered expenses arose out of and in the course of employment. Payment by workers' compensation insurers or the employer will be deemed to mean that such a determination has been made.
This equitable lien shall also attach to any money or property that is obtained by anyone (including, but not limited to, you or your dependent, your or your dependent's attorney, and/or a trust) as a result of an exercise of your and/or your dependent's rights of recovery (sometimes referred to as "proceeds"). The Plan shall also be entitled to seek any other equitable remedy against any party possessing or controlling such proceeds. At the discretion of the Plan Administrator, the Plan may reduce any future covered expenses otherwise available to you and/or your dependents under the Plan by an amount up to the total amount of Reimbursable Payments made by the Plan that is subject to the equitable lien.
3. Assisting Reimbursement Activities
You and your covered dependents have an obligation to assist the Plan to obtain reimbursement of the Reimbursable Payments that it has made on your behalf (and on behalf of your dependents), and to provide the Plan with any information concerning your and/or your dependent's other insurance coverage (whether through automobile insurance, other group health or welfare program, or otherwise) and any other person or entity (including their insurer(s)) that may be obligated to provide payments or benefits on your behalf (or on behalf of one of your dependents). You and/or your dependents are required to: (a) cooperate fully in the Plan's exercise of its right to subrogation and reimbursement; (b) not do anything to prejudice those rights (such as settling a claim against another party without including the Plan as a co-payee for the amount of the Reimbursable Payments and notifying the Plan); (c) sign any document deemed by the Plan Administrator to be relevant to protecting the Plan's subrogation, reimbursement or other rights; and (d) provide relevant information when requested. The term "information" includes any documents, insurance policies, police reports, or any reasonable request by the Plan Administrator to enforce the Plan's rights.
Failure by you or your dependents to follow the above terms and conditions may result, at the discretion of the Plan Administrator, in a reduction from future benefit payments available to you or your dependents under the Plan of an amount up to the aggregate amount of Reimbursable Payments that has not been reimbursed to the Plan.
The Plan's rights hereunder shall not be construed to interfere or conflict in any way with the provisions of any insurance policies or other provider contracts that are made part of the Plan. Rather, the Plan's rights under this Section I shall run concurrent with any such similar right provided to any such insurer, vendor or provider under the Plan, but in no event shall you, or any of your dependents, as the case may be, be obligated to make payments to the Plan in excess of the Reimbursable Payments.
4. Recovery of Overpayments
Whenever a payment has been made under any Plan feature in a total amount, at any time, in excess of the maximum amount payable under the Plan's provisions ("Overpayment"), you or any other participant must refund to the Plan the applicable Overpayment and help the Plan obtain the refund of the Overpayment from another person or organization. This includes any Overpayments resulting from retroactive awards received from any source, fraud, or any error made in processing your claim.
In case of a recovery from a source other than the Plan, Overpayment recovery will not be more than the amount of the payment.
The Plan Administrator may, at its option, recover the Overpayment by reducing or offsetting against any future benefits payable under the Plan; stopping future benefit payments that would otherwise be due under the Plan (payments may continue when the Overpayment has been recovered); or demanding an immediate refund of the Overpayment.
J. PLAN IS NOT AN EMPLOYMENT CONTRACT
The Plan will not be construed as a contract for or of employment.
K. ADDITIONAL PLAN INFORMATION
1. Your Rights Under ERISA
As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Plan participants are entitled to Examine, without charge, at the Plan Administrator's office and at other specified locations, such as worksites and union halls, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.
Obtain copies of all Plan documents and other Plan information including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan description upon written request to the Plan Administrator. The Plan Administrator may make a reasonable charge for the copies.
Receive a summary of the Plan's annual financial report. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report.
Continue health care coverage for yourself, spouse or dependents if there is a loss of coverage under the Plan as a result of a qualifying event. You or your dependents may have to pay for such coverage.
Review this summary plan description and the documents governing the Plan on the rules governing your COBRA continuation coverage rights.
2. Prudent Actions by Plan Fiduciaries
In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of an employee benefit plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the best interest of you and other Plan participants. No one, including your employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a benefit or exercising your rights under ERISA.
3. Enforce Your Rights
If your claim for a benefit is denied or ignored, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain schedules.
Under ERISA there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or the latest annual report from the Plan and do not receive them within thirty (30) days, you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a medical child support order, you may file suit in Federal court.
If it should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit
in Federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.
4. Assistance with Your Questions
If you have any questions about this Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, including COBRA, HIPAA and other laws affecting the Plan or need assistance in obtaining documents from the Plan Administrator, you should contact the nearest area office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. You may also visit their website at www.dol.gov/ebsa.
L. Claims Procedure for the Plan
Except as provided in Paragraphs 1 or 2 below, claims for benefits under each Plan feature will be reviewed in accordance with procedures contained in the policies, contracts, summary plan descriptions or other written materials for such Plan features ("Component Documents"). However, all issues or disputes solely regarding eligibility for coverage or participation and all other general inquiries or requests should be directed to the Plan Administrator. If a non-insurance related claim under the Plan is denied in whole or in part, you or your beneficiary will receive written notification. The notification will include the reasons for the denial, with reference to the specific provisions of the Plan on which the denial was based, a description of any additional information needed to process the claim and an explanation of the claims review procedure. If we fail to respond within 90 days, your claim is treated as denied. (This period may be extended to 180 days under certain circumstances.) Within 60 days after denial, if you want to appeal such denial, you or your beneficiary may submit a written request for reconsideration of the application to the Plan Administrator.
Any such request should be accompanied by documents or records in support of your appeal. You or your beneficiary may review pertinent documents and submit issues and comments in writing. The Plan Administrator will review the claim and provide, within 60 days, a written response to the appeal. (This period may be extended to 120 days under certain circumstances.) In this response, the Plan Administrator will explain the reason for the decision, with specific reference to the provisions of the Plan on which the decision is based. The Plan Administrator has the exclusive right to interpret the provisions of the Plan. Decisions of the Plan Administrator are final, conclusive and binding. The Plan Administrator has final claims adjudication authority under the Plan.
However, the Plan Administrator may delegate duties and authority to others to accomplish those duties. For instance, the applicable administrator listed in the table in Schedule A is the claims administrator for the respective plan feature; each has sole and complete discretionary authority to determine claims and appeals in accordance with the terms of the documents or instruments governing the plan in which you are enrolled.
The insurer of each "insured" ERISA plan sponsored by the Employer has sole and complete discretionary authority to administer and interpret the provisions of the plan it insures. Please see the table in Schedule A to determine whether a plan is insured and for corresponding contact information for the applicable insurer or claims administrator.
Authorized Representatives
If you wish to designate an authorized representative to act on your behalf with respect to your claim for benefits, you must do so in writing. Please be advised that no rights under the Plan, including but not limited to the right to receive any benefit or any right to pursue a claim or cause of action, are assignable. Any payment by the Plan directly to a provider pursuant to a written election or purported assignments submitted by a participant or a dependent is provided at the discretion of the Plan Administrator as a convenience to the participant or dependent and does not imply an enforceable assignment of any benefits or the right to pursue a claim or cause of action.
1. Claims Procedure for Disability Benefits filed under the Plan
The following claims procedure will apply specifically to claims made for disability benefits under one or more Plan features, including any rescission of disability coverage under such Plan features with respect to a participant or beneficiary (whether or not, in connection with the rescission, there is an adverse effect on any particular benefit at that time). For this purpose, rescission means a cancellation or discontinuance of coverage that has retroactive effect, except to the extent it is attributable to a failure to timely pay required premiums or contributions towards the cost of coverage. To the extent that this procedure is inconsistent with the claims procedures contained in the policies, contracts, summary plan descriptions or other written materials for such Plan features, the claims procedures in such other policies, contracts, summary plan descriptions, or other written materials will supersede this procedure as long as such other claims procedures comply with DOL Regulation §2560.503-1.
Timing of Adverse Benefits Determination
If a claim under the Plan feature is denied in whole or in part, you or your beneficiary will receive written notification of the adverse benefit determination within a reasonable period of time, but no later than 45 days after the Plan Administrator's receipt of the claim. The Plan Administrator may extend this period for up to 30 additional days provided the Plan Administrator determines that the extension is necessary due to matters beyond the Plan Administrator's control and the claimant is notified of the extension before the end of the initial 45-day period and is also notified of the date by which the Plan Administrator expects to render a decision. The 30-day extension can be extended by an additional 30 days if the Plan Administrator determines that, due to matters beyond its control, it cannot make the decision within the original extended period. In that event, you will be notified before the end of the initial 30-day extension of the circumstances requiring the extension and the date by which the Plan Administrator expects to render a decision. The extension notice will explain the standards on which your entitlement to a benefit is based, the unresolved issues that prevent a decision on the claim, and the additional information, if any, you must submit. If you must provide additional information, you will be provided with at least 45 days to provide the additional information. The period from which you are notified of the additional required information to the date you respond is not counted as part of the determination period.
Adverse Benefits Determination Notice
A denial notice will include:
the specific reason(s) for your adverse benefit determination; reference to the specific Plan provision on which the determination is based; a description of any additional material or information necessary for you to fix your claim and an explanation of why such material or information is necessary; a description of the review procedures, including a statement of your right to bring a lawsuit following an adverse benefit determination on review;
a discussion of the decision, including, an explanation of the basis for disagreeing with or not following:
i. The views presented by the health care professionals treating you and vocational professionals who evaluated you;
ii. The views of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with your adverse benefit determination, without regard to whether the advice was relied upon in making the benefit determination;
iii. A disability determination regarding you presented by you to the Plan made by the Social Security Administration;
if the adverse benefit determination is based on a medical necessity or experimental treatment or similar exclusion or limit, either an explanation of the scientific or clinical judgment for the determination, applying the terms of the Plan to your medical circumstances, or a statement that such explanation will be provided free of charge upon request; either the specific internal rules, guidelines, protocols, standards or other similar criteria of the plan relied upon in making the adverse determination or, alternatively, a statement that such rules, guidelines, protocols, standards or other similar criteria of the plan do not exist; and a statement that you are entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to your claim for benefits. A document, record, or other information will be considered "relevant" to your claim if such document, record, or other information
i. Was relied upon in making the benefit determination; ii. Was submitted, considered, or generated in the course of making the benefit determination, without regard to whether such document, record, or other information was relied upon in making the benefit determination;
iii. Demonstrates compliance with the administrative processes and safeguards designed to ensure and verify that benefit determinations are made in accordance with governing plan documents and that, where appropriate, the Plan provisions have been applied consistently with respect to similarly situated claimants; or
iv. Constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment option or benefit for your diagnosis, without regard to whether such advice or statement was relied upon in making the benefit determination.
If you live in a county with a significant population of non-English speaking persons, the Plan will provide, in the non-English language(s), a statement of how to access oral and written language services in those languages.
Appeal Process
If you disagree with a claim determination, you can contact the Plan Administrator in writing to formally request an appeal. If the appeal relates to a claim for payment, your request should include:
The subject individual's name and the identification number from the ID card, if any.
The reason you believe the claim should be paid.
Any documentation or other written information to support your request for claim payment.
Your appeal request must be submitted to the Plan Administrator within 180 days after you receive the claim denial.
A qualified individual who was not involved in the decision being appealed will be appointed to decide the appeal. If your appeal is related to clinical matters, the review will be done in consultation with a health care professional with appropriate expertise in the field who was not involved in the prior determination. The Plan Administrator may consult with, or seek the participation of, medical experts as part of the appeal resolution process. You consent to this referral and the sharing of pertinent health claim information. Upon request and free of charge you have the right to reasonable access to and copies of, all documents, records, and other information relevant to your claim for benefits.
In addition, prior to the appeal determination noted below, the Plan Administrator will provide you, free of charge, with any new or additional evidence considered, relied upon, or generated by the Plan, insurer, or other person making the benefit determination (or at the direction of the Plan, insurer or such other person) in connection with the claim as soon as possible and sufficiently in advance of the date on which the appeal determination is required to be provided to give you a reasonable opportunity to respond prior to that date. Before an adverse benefit determination on appeal based on a new or additional rationale, the Plan Administrator will provide you, free of charge, with the rationale; the rationale will be provided as soon as possible and sufficiently in advance of the date on which the appeal determination is required to be provided to give you a reasonable opportunity to respond prior to that date.
Timing of Appeal Determination
You will be notified of the Plan Administrator's decision upon review within a reasonable period of time, but no later than 45 days after the Plan Administrator receives your appeal request. The 45-day period may be extended for an additional 45-day period if the Plan Administrator determines that special circumstances (such as the need to hold a hearing) require an extension of time. You will be provided with written notice prior to the expiration of the initial 45-day period. Such notice will state the special circumstances requiring the extension and the date by which the Plan Administrator expects to render a decision.
Appeal Determination Notice
If denied, your review decision on appeal will include the following:
the specific reason(s) for the adverse determination;
reference to the specific Plan provision on which the benefit determination is based; a statement that you are entitled to receive, without charge, reasonable access to any document (i) relied on in making the determination, (ii) submitted, considered or generated in the course of making the benefit determination, (iii) that demonstrates compliance with the administrative processes and safeguards required in making the determination, or (iv) that constitutes a statement of policy or guidance with respect to the Plan concerning the claim without regard to whether the statement was relied on;
either the specific rule or guideline used in making your benefits determination or a statement that such a rule or guideline was relied upon in making the determination and that a copy of such rule or guideline will be provided free of charge upon request or, alternatively, a statement that such rules, guidelines, protocols, standards or other similar criteria of the plan do not exist; if the adverse determination is based on medical necessity or experimental treatment or a similar exclusion or limit, either an explanation of the scientific or clinical judgment applying the terms of the Plan to your medical condition, or a statement that such explanation will be provided without charge on request;
a statement describing the Plan's optional appeals procedures, and your right to receive information about such procedures, as well as your right to bring a lawsuit and any applicable contractual limitations period that applies to your right to bring such an action, including the calendar date on which the contractual limitations period expires for the claim; a discussion of the decision, including, an explanation of the basis for disagreeing with or not following:
i. The views presented by the health care professionals treating you and vocational professionals who evaluated you;
ii. The views of medical or vocational experts whose advice was obtained on behalf of the Plan in connection with your adverse benefit determination, without regard to whether the advice was relied upon in making the benefit determination; and
iii. A disability determination regarding you presented by you to the Plan made by the Social Security Administration.
If you live in a county with a significant population of non-English speaking persons, the plan will provide, in the non-English language(s), a statement of how to access oral and written language services in those languages.
Should the Plan fail to establish or follow ERISA required disability claims procedures, you may be entitled to pursue legal remedies under ERISA without exhausting your administrative remedies.
The Plan Administrator has the exclusive right to interpret the provisions of the Plan. Decisions of the Plan Administrator are final, conclusive and binding. The Plan Administrator has final claims adjudication authority under the Plan. However, the Plan Administrator may delegate duties and authority to others to accomplish those duties. For instance, the applicable administrator listed in the table in Schedule A is the claims administrator for the respective plan feature; each has sole and complete discretionary authority to determine claims and appeals in accordance with the terms of the documents or instruments governing the plan in which you are enrolled.
The insurer of each "insured" ERISA plan sponsored by the Employer has sole and complete discretionary authority to administer and interpret the provisions of the plan it insures. Please see the table in Schedule A to determine whether a plan is insured and for corresponding contact information for the applicable insurer or claims administrator.
2. Claims Procedures for a Group Health Plan
The following claims procedure will apply specifically to claims made under any group health plan covered under the Plan. To the extent that this procedure is inconsistent with the claims procedures contained in the policies, contracts, summary plan descriptions or other written materials for a group health plan covered under the Plan, the claims procedures in such other policies, contracts, summary plan descriptions, or other written materials will supersede this procedure as long as such other claims procedures comply with DOL Regulation §2560.503-1 and the Affordable Care Act.
Adverse Benefit Determinations
Post-Service Claims
Post-Service Claims are those claims that are filed for payment of benefits after health care has been received. If your Post-Service Claim is denied, you will receive a written notice from the Plan Administrator within 30 days of receipt of the claim, as long as all needed information was provided with the claim. The Plan Administrator will notify you within this 30- day period if additional information is needed to process the claim, and may request a one-time extension not longer than 15 days and hold your claim until all information is received.
Once notified of the extension, you then have 45 days to provide this information. If all of the needed information is received within the 45-day time frame and the claim is denied, the Plan Administrator will notify you of the denial within 15 days after the information is received. If you don't provide the needed information within the 45-day period, your claim will be denied.
Pre-Service Claims
Pre-Service Claims are those claims that require notification or approval prior to receiving health care. If your claim is a Pre-Service Claim, and it is submitted improperly, the Plan Administrator will notify you of the improper filing and how to correct it within 5 days. If your Pre-Service Claim is submitted properly with all needed information, you will receive written notice of the claim decision from the Plan Administrator within 15 days of receipt of the claim. The Plan Administrator will notify you within this 15- day period if additional information is needed to process the claim, and may request a one-time extension not longer than 15 days and hold your claim until all information is received. Once notified of the extension, you then have 45 days to provide this information. If all of the needed information is received within the 45- day time frame, the Plan Administrator will notify you of the determination within 15 days after the information is received. If you don't provide the needed information within the 45-day period, your claim will be denied.
Urgent Claims
Urgent Care Claims are those claims that require notification or approval prior to receiving medical care, where a delay in treatment could seriously jeopardize your life or health or the ability to regain maximum function or, in the opinion of a doctor with knowledge of your health condition, could cause severe pain. In these situations:
You will receive notice of the benefit determination in writing or electronically within 72 hours after the Plan Administrator receives all necessary information, taking into account the seriousness of your condition.
Notice of denial may be oral with a written or electronic confirmation to follow within 3 days.
If you file an Urgent Care Claim improperly, the Plan Administrator will notify you of the improper filing and how to correct it within 24 hours after the Urgent Care Claim is received. If additional information is needed to process the claim, the Plan Administrator will notify you of the information needed within 24 hours after the claim was received. You then have 48 hours to provide the requested information.
You will be notified of a determination no later than 48 hours after:
The Plan Administrator's receipt of the requested information; or The end of the 48-hour period within which you were to provide the additional information.
Concurrent Care Claims
If an on-going course of treatment was previously approved for a specific period of time or number of treatments, and your request to extend the treatment is an Urgent Care Claim as defined above, your request will be decided within 24 hours, provided your request is made at least 24 hours prior to the end of the approved treatment. The claims administrator will make a determination on your request for the extended treatment within 24 hours from receipt of your request. If your request for extended treatment is not made at least 24 hours prior to the end of the approved treatment, the request will be treated as an
Urgent Care Claim and decided according to the timeframes described above.
If an ongoing course of treatment was previously approved for a specific period of time or number of treatments, and you request to extend treatment in a non-urgent circumstance, your request will be considered a new claim and decided according to post-service or pre-service timeframes, whichever applies.
Adverse Benefits Determination Notice
A denial notice for a group health plan will include:
the specific reason(s) for your adverse benefit determination; reference to the specific Plan provision on which the determination is based; a description of any additional material or information necessary for you to fix your claim and an explanation of why such material or information is necessary; a description of the review procedures, including a statement of your right to bring a lawsuit following an adverse benefit determination on review;
either the specific rule or guideline used in making your benefits determination or a statement that such a rule or guideline was relied upon in making the determination and that a copy of such rule or guideline will be provided free of charge upon request; if the adverse benefit determination is based on a medical judgment, either an explanation of such judgment, or a statement that such explanation will be provided to you free of charge upon request; and
in the case of an Urgent Care Claim, a description of the expedited review process to which you may be entitled.
In addition to the notice standards described above, to the extent required by the Affordable Care Act, all adverse benefit determination notices will include the following: (a) information identifying the claim involved, including the date of service, the health care provider, the claim amount, the diagnosis code, the treatment code, and the corresponding meaning of those codes; (b) the reason or reasons for the adverse benefit determination that includes the denial code and its corresponding meaning and a description of the Plan's standard, if any, that was used to deny the claim (for notices of final internal adverse benefit determinations, the description will include a discussion of the decision); (c) a description of available internal appeals and external review processes, including how to initiate an appeal; and (d) contact information for any applicable office of health insurance consumer assistance or ombudsman established under the Affordable Care Act to assist individuals with the internal claims and appeals and external review processes.
How to Appeal a Claim Decision
If you disagree with a claim determination, you can contact the Plan Administrator in writing to formally request an appeal. If the appeal relates to a claim for payment, your request should include:
The patient's name and the identification number from the ID card, if any.
The date(s) of health care service(s).
The provider's name.
The reason you believe the claim should be paid.
Any documentation or other written information to support your request for claim payment.
Your first appeal request must be submitted to the Plan Administrator within 180 days after you receive the claim denial.
Appeal Process
A qualified individual who was not involved in the decision being appealed will be appointed to decide the appeal. If your appeal is related to clinical matters, the review will be done in consultation with a health care professional with appropriate expertise in the field who was not involved in the prior determination. The Plan Administrator may consult with, or seek the participation of, medical experts as part of the appeal resolution process. You consent to this referral and the sharing of pertinent health claim information. Upon request and free of charge you have the right to reasonable access to and copies of, all documents, records,
and other information relevant to your claim for benefits.
Appeals Determinations
Pre-Service and Post-Service Claim Appeals
You will be provided with written or electronic notification of the decision on your appeal as follows:
For appeals of Pre-Service Claims, the first level appeal will be conducted and you will be notified by the Plan Administrator of the decision within 15 days from receipt of a request for appeal of a denied claim.
The second level appeal will be conducted and you will be notified by the Plan Administrator of the decision within 15 days from receipt of a request for review of the first level appeal decision.
For appeals of Post-Service Claims, the first level appeal will be conducted and you will be notified by the Plan Administrator of the decision within 30 days from receipt of a request for appeal of a denied claim. The second level appeal will be conducted and you will be notified by the Plan Administrator of the decision within 30 days from receipt of a request for review of the first level appeal decision.
For procedures associated with Urgent Claims, see "Urgent Claim Appeals" below.
If you are not satisfied with the first level appeal decision of the Plan Administrator, you have the right to request a second level appeal from the Plan Administrator. Your second level appeal request must be submitted to the Plan Administrator within 60 days from receipt of first level appeal decision.
Please note that the Plan Administrator's decision is based only on whether or not benefits are available under the group health plan for the proposed treatment or procedure. The determination as to whether the pending health service is necessary or appropriate is between you and your doctor.
Urgent Claim Appeals
Your appeal may require immediate action if a delay in treatment could significantly increase the risk to your health or the ability to regain maximum function or cause severe pain. In these urgent situations, the appeal does not need to be submitted in writing. You or your doctor should call the Plan Administrator as soon as possible, and provide the Plan Administrator with the information identified above under "How to Appeal a Claim Decision." The Plan Administrator will provide you with a written or electronic determination within 72 hours following receipt of your request for review of the determination taking into account the seriousness of your condition.
Appeal Determination Notice
If denied, your review decision on appeal will include:
the specific reason(s) for the adverse determination;
reference to the specific Plan provision on which the benefit determination is based; a statement that you are entitled to receive, without charge, reasonable access to any document (i) relied on in making the determination, (ii) submitted, considered or generated in the course of making the benefit determination, (iii) that demonstrates compliance with the administrative processes and safeguards required in making the determination, or (iv) that constitutes a statement of policy or guidance with respect to the Plan concerning the denied treatment without regard to whether the statement was relied on;
either the specific rule or guideline used in making your benefits determination or a statement that such a rule or guideline was relied upon in making the determination and that a copy of such rule or guideline will be provided free of charge upon request; if the adverse determination is based on medical necessity or experimental treatment or a similar exclusion or limit, either an explanation of the scientific or clinical judgment applying the terms of the Plan to your medical condition, or a statement that such explanation will be provided without charge on request;
a statement describing the Plan's optional appeals procedures, and your right to receive information about such procedures, as well as your right to bring a lawsuit; and
the following statement: "You and your Plan may have other voluntary alternative dispute resolution options, such as mediation. One way to find out what may be available is to contact your local U.S.
Department of Labor Office and your State insurance regulatory agency." If you file an internal appeal for medical benefits, you will continue to be covered pending the outcome of the internal appeal. This means that the Plan shall not terminate or reduce any ongoing course of treatment without providing advance notice and the opportunity for review.
Voluntary External Review
If the Group Medical Feature in which you are enrolled is not subject to a state external review process and:
The plan either is a "grandfathered" or is not a "grandfathered" plan for purposes of the Affordable Care Act, and the adverse benefit determination involves a consideration of whether the Group Medical Feature is complying with the surprise billing and cost-sharing protections set forth in the No Surprises Act (Sections 2799A-1 and 2799A-2 of the Public Health Services Act) and implementing regulations; or
The plan is not a "grandfathered" plan for purposes of the Affordable Care Act, and your internal appeal of a claim for benefits (not related to employee classifications or non-covered benefits, or compliance with the surprise billing and cost-sharing protections of the No Surprises Act) under such plan is denied;
You will have the right to request an external (i.e., independent) review if you do so within four months after receiving notice of an adverse benefit determination or final internal adverse benefit determination. Within five business days after receiving your request, a preliminary review will be completed to determine whether: (i) you are/were covered under the Plan; (ii) the denial was based on your ineligibility under the terms of the Plan or whether the Plan is complying with the surprise billing and cost sharing protections of the No Surprises Act; (iii) you have exhausted the Plan's internal process, if required; and (iv) you provided all information necessary to process the external review. Within one business day after completing the preliminary review, you will be notified in writing if your appeal is not eligible for an external review or if it is incomplete. If your appeal is complete but not eligible, the notice will include the reason(s) for ineligibility. If your appeal is not complete, the notice will describe any information needed to complete the appeal. You will have the remainder of the four-month filing period or 48 hours after receiving the notice, whichever is greater, to cure any defect. If eligible for an external review, your appeal will be assigned to an independent review organization (IRO). If the IRO reverses the Plan's denial, the IRO will provide you written notice of its determination.
In addition, you will have the right to an expedited external review in the following situations:
Following an adverse benefit determination involving a medical condition for which the timeframe for completion of an expedited internal appeal would seriously jeopardize your life or health or would jeopardize your ability to regain maximum function and you have filed a request for an expedited internal appeal.
Following a final internal adverse benefit determination involving (i) a medical condition for which the timeframe for completion of a standard external review would seriously jeopardize your life or health or would jeopardize your ability to regain maximum function or (ii) an admission, availability of care, continued stay, or health care item or service for which you received emergency services but have not been discharged from a facility.
The IRO will provide notice of its final external review decision as expeditiously as your medical condition or circumstances require, but not more than 72 hours after the IRO receives the request.
Limitation on When a Lawsuit May be Filed
All claim review procedures provided for in the applicable Component Documents must be exhausted (with the exception of the external review process, which is voluntary) before any legal action is brought.
However, if you have requested an external review, you may not file a lawsuit until the external review process is concluded.
If you fail to file a request for review in accordance with the claims procedures outlined herein and in the Component Documents, you shall have no right of review and shall have no right to bring action in any court. The denial of the claim shall become final and binding on all persons for all purposes.
The Plan Administrator has the exclusive right to interpret the provisions of the Plan. Decisions of the Plan Administrator are final, conclusive and binding. The Plan Administrator has final claims adjudication authority under the Plan. However, the Plan Administrator may delegate duties and authority to others to accomplish those duties. For instance, the applicable administrator listed in the table in Schedule A is the claims administrator for the respective plan feature; each has sole and complete discretionary authority to determine claims and appeals in accordance with the terms of the documents or instruments governing the plan in which you are enrolled.
The insurer of each "insured" ERISA plan sponsored by the Employer has sole and complete discretionary authority to administer and interpret the provisions of the plan it insures. Please see the table in Schedule A to determine whether a plan is insured and for corresponding contact information for the applicable insurer or claims administrator.
IN WITNESS WHEREOF, the Plan Sponsor has caused this Plan to be executed in its name and on its behalf this ____ day of _________, 2022, unless otherwise noted, by a duly authorized officer of the Plan Sponsor.
City of Mendota
By: _________________________________________
Name: _______________________________________
Title: ________________________________________
City of Mendota
Wrap Plan
Schedule A
As of July 1, 2022, unless otherwise noted
I. Medical Plan
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Aetna
PO Box 14079
Lexington, KY 40512
(888) 802-3862
Medical 88315312 The cost of the benefit is
shared by the Plan
Sponsor and the
employees.
II. Health Reimbursement Account (HRA)
Claims Administrator (self-insured) Benefit Type Contract/Group No. Funding by EDIS HRA The cost of the benefit is
paid entirely by the Plan
Sponsor.
III. Dental Plan
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Ameritas
7555 N Del Mar Ste. 201
Fresno, CA 93711
(800) 487-5553
Dental 010.039247 The cost of the benefit is
paid entirely by the Plan
Sponsor.
IV. Vision Plan
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Ameritas
7555 N Del Mar Ste. 201
Fresno, CA 93711
(800) 487-5553
Vision 010.039247 The cost of the benefit is
paid entirely by the Plan
Sponsor.
V. Group Term Life/AD&D Insurance
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Mutual of Omaha
(800) 316-2796
Life/AD&D G000AMVR The cost of the benefit is
paid entirely by the Plan
Sponsor.
VI. Short-term Disability
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Mutual of Omaha
(800) 316-2796
ST Disability G000AMVR The cost of the benefit is
paid entirely by the Plan
Sponsor.
VII. Long-term Disability
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Mutual of Omaha
(800) 316-2796
LT Disability G000AMVR The cost of the benefit is
paid entirely by the Plan
Sponsor.
VIII. Voluntary Term Life/AD&D Insurance
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Mutual of Omaha
(800) 316-2796
Voluntary
Term
Life/AD&D
G000AMVR The cost of the benefit is
paid entirely by the
participants.
IX. Worksite Products
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Aflac Worksite
Products
The cost of the benefit is
paid entirely by the
participants.
X. Worksite Products
Carrier (fully insured) Benefit Type Contract/Group No. Funding by Colonial Life Worksite
Products
The cost of the benefit is
paid entirely by the
participants.
City of Mendota
Wrap Plan
Schedule B - PARTICIPATING EMPLOYERS
As of July 1, 2022, unless otherwise noted
Each entity listed below has sufficient common ownership with the Employer so as to constitute a member of a commonly controlled group as described in Code §414(b), (c), (m), and (o) and has adopted the Plan with the consent of the Plan Sponsor.
None
City of Mendota
Wrap Plan
COVID-19 ADDENDUM
Pursuant to EBSA Disaster Relief Notices 2020-01 and 2021-01, and the Extension of Certain Timeframes for Employee Benefit Plans, Participants, and Beneficiaries Affected by the COVID-19 Outbreak, certain deadlines pertaining to the Plan are extended until the earlier of: (a) one (1) year from the date (on or after March 1, 2020) that you are first eligible for relief; or (b) the end of the Outbreak Period (as defined below):
The 30-day period (or 60-day period, if applicable) to request a HIPAA special enrollment; The 60-day election period for COBRA continuation coverage; The date/deadline for making COBRA premium payments;
The deadline for individuals to notify the plan of a qualifying event or determination of disability; The deadline within which employees can file a benefit claim, or a claimant can appeal an adverse benefit determination, under the group health plan or disability plan claims procedures described in the Plan; The deadline for claimants to file a request for an external review after receipt of an adverse benefit determination or final internal adverse benefit determination; and
The deadline for a claimant to file information to perfect a request for external review upon finding that the request was not complete.
"National Emergency." The National Emergency means the March 13, 2020 Proclamation on Declaring a National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Outbreak issued by President Trump and President Trump's determination, under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, et seq., that a national emergency exists as a result of the COVID-19 pandemic. "Outbreak Period." The "outbreak period" began March 1, 2020 and extends until 60 days after the end of the National Emergency or such other date as announced by the IRS and DOL, or otherwise declared by the Federal government as a result of the national emergency due to the COVID-19 pandemic.
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-31
OF THE CITY OF MENDOTA AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS TO TERMINATE
SERVICES WITH ADMINISTRATIVE SERVICES,
INC./NAVIA AND TO EXECUTE ALL
DOCUMENTS NECESSARY TO OBTAIN
REPLACEMENT SERVICES WITH EMPLOYER
DRIVEN INSURANCE SERVICES
WHEREAS, Administrative Solutions, Inc. (“ASi”)/Navia is the current Third-Party Administrator (“TPA”) for the City of Mendota’s (“City”) Consolidated Omnibus Budget Reconciliation Act (“COBRA”), Health Reimbursement Arrangement (“HRA”), and Medical Expense Reimbursement Plan (“MERP”); and
WHEREAS, ASi/Navia notified the City of upcoming changes in its services; and WHEREAS, Employer Driven Insurance Services (“EDIS”) offers the same services that were previously offered by ASi/Navia before the changes ASi/Navia proposes at a slightly lower overall price.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby authorizes the City Manager to sign all necessary documents to terminate services with ASi/Navia and to sign all documents necessary to obtain replacement services from EDIS.
______________________________
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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MICHAEL OSBORN, CITY ENGINER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: STREET PROJECT LIST PROPOSED FOR SB1 (RMRA) FUNDING DATE: JUNE 14, 2022
ISSUE
Should the City Council adopt Resolution No. 22-32, adopting the list of street projects proposed for Fiscal Year 2022-2023 Senate Bill 1: Road Maintenance and Rehabilitation Account funding?
BACKGROUND
On April 28, 2017, the Governor signed Senate Bill 1 (“SB1”) which is known as the Road Repair and Accountability Act of 2017 and beginning on November 1, 2017, the State Controller (“Controller”) has begun to deposit various portions of this funding in the created Road Maintenance and Rehabilitation Account (“RMR”), with a percentage of that being apportioned to the City of Mendota.
The California Transportation Commission (“CTC”) is requiring that agencies provide a list of projects that may utilize Fiscal Year 2022-23 SB1 (RMRA) funding by July 1, 2022 to receive their Fiscal Year 2022-23 RMRA fund distribution. They have informed us that the project list can include projects planned for after Fiscal Year 2022-23 and be a carry-over of the list of projects previously proposed and adopted.
City Council Resolution Nos. 19-27, 20-42 and 21-40 adopted the attached list of projects.
ANALYSIS
This list of projects was prepared by staff, specifically the City Manager/ Director of Public Works and City Engineer based on the 2015 Pavement Condition Survey of downtown conducted by the Director of Public Works, targeting “red” streets and incorporating other critical areas outside of downtown. Staff will begin utilizing the new Pavement Management System to generate future projects for FY 2022-23. The CTC now uses an on-line project intake tool. Upon adoption, the projects on the list will be submitted via this tool.
Per Assembly Bill 135, the project list shall not limit the flexibility of the City to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (b) of Section 2030; therefore, this list may be rearranged or amended.
At the December 14, 2021, City Council meeting, the Council directed staff to prepare construction documents for the reconstruction of the segments of Kate Street, Riofrio Street and 2 Stamoules Street as described on the project list, combining three projects into one, the “2022 Local Street Reconstruction Project”.
FISCAL IMPACT
The City received $69,306.83 in FY 17/18, $220,993.61 in FY 18/19, $213,294.23 in FY 19/20 and $231,991.30 in FY 20/21 and is expected to received $246,638 in FY 21/22 and $275,650 in FY 22/23. Prior to the start of the 2022 Local Street Reconstruction Project, the City had not expended any RMRA funds; the banked funds will be utilized for this project, started in FY 21/22 and with construction in early FY 22/23. The total project cost is expected to be $1.3 million. Other street funding (regular Gas Tax, LTF, Measure C, State & Federal grants) will be needed to deliver other projects until the City has accumulated additional RMRA funding adequate to fund a project.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-32, adopting the list of projects proposed to utilize Fiscal Year 2022-2023 SB1 (RMRA) funds.
Attachment(s):
1. Resolution 22-32
2. Exhibit “A” - FY 2022-2023 List of Projects
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-32
OF THE CITY OF MENDOTA ADOPTING
A LIST OF PROJECTS FOR FISCAL YEAR
2022-2023 FUNDED BY SB1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017), was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Mendota (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt, by resolution, a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive and estimated $275,650 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding, which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has now started to use a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, funding from SB1 this fiscal year could help the City rehabilitate one ¼-mile length of street within the City this year with the intention of continuing to do so into the future; and
WHEREAS, the project list shall not limit the flexibility of the City to fund projects in accordance with local needs and priorities so long as the projects are consistent with 2 RMRA priorities as outlined in Streets and Highways Code, subdivision (b) of Section 2030; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “poor” condition; this was further justified in 2019 when the Pavement Management System was implemented and showed the Pavement Condition Index (PCI) of the City to be 43 (compared to the statewide average of 65); and
WHEREAS, this revenue will help the City increase the overall quality of its road system and, over the next decade, will bring its streets and roads into a safer and more drivable condition; and
WHEREAS, the SB 1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will provide for a better quality of life for the City’s residents and a better experience to those visiting the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The list of projects attached hereto and made part hereof as Exhibit “A” includes previously proposed and adopted projects which may also utilize Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State its intent to fund these projects with Road Maintenance and Rehabilitation Account revenues.
3. The City Council hereby finds that the adoption of this resolution is not subject to environmental review under the California Environmental Quality Act (“CEQA”). The adoption of this resolution, in and of itself, does not have the potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment and therefore is not considered a “project” under CEQA. (Pub. Res. Code, § 21065; 14 Cal. Code Regs., § 15378, subd. (a).) Further, this resolution is a government finding mechanism that does not involve any commitment on behalf of the City to any specific project which may result in a potentially significant impact on the environment. (14 Cal. Code Regs., § 15378, subd. (b)(4).) This determination reflects the independent judgement and analysis of the Council.
______________________________
Rolando Castro, Mayor
3 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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit A
Proposed
Project Description Location
Start Completion Start Completion Min. Max.
Citywide Railroad
Corridor Crossing
Improvements
Improving the railroad corridor within the city by adding concrete panels to crossing, installing medians or channelizers, and reconstruction of the roadway adjacent to crossings at all three crossings within the City 1) SR33 between Bass Avenue and SR
180; 2) 9th Street between Marie St
and Naples St; and 3) W Belmont Ave
between Marie St and SR 180. May-21 Dec-22 Feb-23 Sep-23 15 50 7th Street
In general, the project consists of grind and overlay of 7th Street between Stamoules Street and Rio Frio Street
7th Street from Stamoules Street to
Tule Street Sep-22 Feb-23 Jul-23 Nov-23 10 20
5th Street and
Quince Street
Reconstruction
In general, the project consists of reconstruction of 5th Street from Quince Street to Derrick Avenue (State Route 33) and Quince Street from 5th Street to 6th Street, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, driveway and alley approaches, and traffic striping and markings to add two way left turn lanes, parking/bike lanes and high visibility school zone cross walks.
5th Street from Quince to Derrick
Avenue (SR 33), and Quince Street
from 5th Street to 6th Street Sep-22 May-23 Jul-23 Nov-23 15 30 Fleming & McCabe
Avenue
Reconstruction
In general, the project consists of reconstruction of the two streets between Rowe Avenue and Sorensen Avenue, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, driveway approaches, and traffic striping and markings to add center lane lines, parking/bike lanes and high visibility school zone cross walks.
Flemming Avenue from Rowe Avenue
to Sorensen Avenue, and McCabe
Avenue from Rowe Avenue to
Sorensen Avenue Sep-24 Feb-25 Jul-25 Nov-25 15 30
Marie Street & 5th
Street
Reconstruction
In general, the project consists of reconstruction of Marie Street between Divisadero Street and 5th Street and 5th Street between Marie Street and Lolita Street, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add center lane line and parking/bike lanes.
Marie Street from Divisadero Street
to 5th Street, and 5th Street from
Marie Street to Lolita Street Sep-25 Feb-26 Nov-26 15 30 Rio Frio Street
Reconstruction1.
In general, the project consists of reconstruction of Rio Frio Street between 7th Street and 8th Street, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add two way left turn lanes and parking/bike lanes.
Rio Frio Street from 7th Street to 8th
Street Jan-22 Jul-22 Aug-22 Nov-22 15 30
Naples Street
Reconstruction
In general, the project consists of reconstruction of Naples Street between 2nd Street and 9th Street, including demolition of existing asphalt and concrete pavements, storm drain inlets, manholes and pipes, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add two way left turn lanes and parking/bike lanes.
Naples Street from 2nd Street to 9th
Street Sep-25 Feb-26 Jul-26 Nov-26 15 30
Estimated Schedule
Estim. Useful Life
(# of Yr)
Exhibit "A"
FY 2022-2023 SB1 Project List
Previously Adopted SB1 Project List with updated schedule Design & CEQA Construction
Proposed
Project Description Location
Start Completion Start Completion Min. Max.
Estimated Schedule
Estim. Useful Life
(# of Yr)
Exhibit "A"
FY 2022-2023 SB1 Project List
Design & CEQA Construction
Kate Street
Reconstruction1.
In general, the project consists of reconstruction of North Kate Street between Divisadero Street and I Street, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add center lane line and parking/bike lanes.
North Kate Street between Divisadero
Street and I Street Jan-22 Jul-22 Aug-22 Nov-22 15 30
Stamoules Street
Reconstruction1.
In general, the project consists of reconstruction of Stamoules Street between 7th Street and 9th Street, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add two way left turn lanes and parking/bike lanes.
Stamoules Street from 7th Street to
9th Street Jan-22 Jul-22 Aug-22 Nov-22 15 30
Notes:
1. These three projects are combined as the 2022 Local Street Reconstruction Project currently in design with constrution anticpated in Fall 2022. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MICHAEL OSBORN, PE – CITY ENGINEER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: MENDOTA JR HIGH SRTS PROJECT
DATE: JUNE 14, 2022
ISSUE
Should the City Council adopt Resolution No. 22-33, awarding a construction contract to American Paving Co., the lowest responsive, responsible bidder, for the Mendota Jr High Safe Routes to School Project?
BACKGROUND
The City of Mendota (“City”) has been awarded $129,000 in Active Transportation Plan (“ATP”) funding for the construction of the Mendota Jr High Safe Routes to School (“SRTS”) Project (the “Project”) to install illuminated school crossing signage, overhead warning beacons with pedestrian push buttons, and new curb ramps at the intersection of 9th/Tule Streets and Belmont Avenue across from Mendota Jr High School.
Provost & Pritchard Consulting Group was retained to provide land surveying and engineering design services for the Project and they have prepared plans and specifications for bidding and construction of the project and obtained environmental clearances (CEQA & NEPA). On February 2, 2022 the City received authorization from Caltrans for funding for the construction of the project.
The request for bids was initially advertised in The Business Journal and construction documents (plans and specifications) were made available to contractors through local Builder’s Exchanges on Friday, March 4, 2022, and again on March 11, 2022; however, at the April 7, 2022 bid opening, no bids were received. The project was re-advertised in a similar manner starting on Friday, April 29, 2022, with additional direct solicitation to approximately a half-dozen contractors.
On Thursday, May 26, 2022, at 2:00 p.m. the public bid opening was held. Two general contractors attended and submitted bids, along with staff and the City Engineer. The bids were as follows:
CONTRACTOR BASE BID AMOUNT
American Paving Co. $207,622.00
Avison Construction, Inc. $279,480.00
2 ANALYSIS
Staff has reviewed the submitted bid packages. The apparent lowest bidder is American Paving Co. and their bid package was reviewed and found to be complete and responsive. While they do not meet the Disadvantaged Business Enterprise (“DBE”) goal of 14% for the project, their documented Good Faith Effort was provided and found satisfactory.
This project’s scheduled start will be delayed due to the anticipated lengthy procurement time for the poles. A lead time of 20-24 weeks is anticipated.
FISCAL IMPACT
The City has been allocated $129,000 in ATP funding for construction of the Project. The construction administration, staking and observation will be approximately $25,000 to $35,000 and allowing for a 10% contingency, the City will contribute from $78,622 up to $134,384 from local Street Funds (Gas Tax, Measure C and Local Transportation Funds) to fund the complete project. We will also work with Caltrans to see additional ATP funds are available to reduce the City’s expenses. Use of the local Street Funds are included in the upcoming Fiscal Year 2022- 2023 Budget. This project will not impact the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-33, awarding the contract for construction of the Project to the lowest responsible, responsive bidder, American Paving Co., in the total amount of $207,622 and authorizing the City Manager, or his designee, to execute all documents necessary for the completion of the Project.
Attachment(s):
1. Resolution No. 22-33
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-33
OF THE CITY OF MENDOTA AWARDING
THE CONSTRUCTION CONTRACT FOR
THE MENDOTA JUNIOR HIGH SCHOOL
SAFE ROUTES TO SCHOOL PROJECT
TO AMERICAN PAVING CO. IN THE
AMOUNT OF $207,622.00
WHEREAS, the City of Mendota (“City”) owns and maintains the public street right-of-way of 9th Street, Tule Street, and Belmont Avenue; and WHEREAS, the City applied for and was awarded $129,000.00 in federal and state funding from the Active Transportation Program (“ATP”) to improve the school crossings at 9th/Tule and Belmont Avenue (the “project”); and WHEREAS, the project has been programmed on the Federal Transportation Improvement Program (“FTIP”) for construction funding to be allocated in Federal Fiscal Year 19/20; and
WHEREAS, Provost & Pritchard Consulting Group has provided the design, environmental clearances, and preparation of the construction documents for the project; and
WHEREAS, the City received authorization for the ATP funding for construction of this project on February 2, 2022; and
WHEREAS, on March 4, 2022, and March 11, 2022, notice was published in The Business Journal and regional Builder’s Exchanges notifying and requesting all interested parties submit bids for the project; and
WHEREAS, a public bid opening was held promptly after the deadline published in the notice on Thursday, April 7, 2022, at 2:00 p.m. in the City Council chambers; and WHEREAS, no bids were received and the decision was made to re-advertise the project for bids; and
WHEREAS, on April 29, 2022, and May 6, 2022, a second notice was published in The Business Journal and regional Builder’s Exchanges notifying and requesting all interested parties submit bids for the project; and
2 WHEREAS, a public bid opening was held promptly after the deadline published in the second notice on Thursday, May 26, 2022, at 2:00 p.m. in the City Council Chambers; and
WHEREAS, two companies submitted bids before the deadline; and WHEREAS, the lowest bidder was American Paving Co. and its proposal was found to be responsive; and
WHEREAS, American Paving Co. has performed responsibly on past projects for the City; and
WHEREAS, the City has sufficient local street funds available to fund the total construction cost of the project.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, that the City of Mendota awards the construction contract for the Mendota Junior High School Safe Routes to School Project to American Paving Co. in the amount of $207,622.00 and authorizes the City Manager or his designee to execute all documents necessary for the completion of the project.
BE IT FURTHER RESOLVED, by the City Council of the City of Mendota, that the City has determined the proposed project consists of “repair, maintenance, . . . or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use” and are therefore exempt from the California Environmental Quality Act. (14 Cal. Code Regs., § 15301.)
______________________________
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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: 2022 FIREWORKS STAND PERMIT
DATE: JUNE 14, 2022
ISSUE
Shall the City Council approve Resolution No. 22-34, approving the fireworks stand permits for 2022?
BACKGROUND
This item is ministerial in nature: the Mendota Municipal Code (“MMC”) allows the City Council to select the organizations or groups to receive permits for the sale of fireworks, based on past practices of the City of Mendota (“City”) in issuing fireworks sales permit to such organizations, as long as they meet the requirements set forth in MMC Chapter 8.12.
The prerequisites to issuance of permit are:
A. No permit shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment or youth activities;
B. Each organization must maintain a bona fide membership of at lease twenty-five (25) members, and must have been organized and established for a minimum of one year continuously preceding the filing of an application for the license; C. No organization may receive more than one permit for sale during any one calendar year.
Applications for the permits are due the last business day of the month of May per MMC Section
8.12.030.
ANALYSIS
Staff received a total of four (4) applications from the following organizations:
1. Mendota Pentecostal Church of God
2. Westside Youth, Inc.
3. Mendota High School Football
4. Mendota Youth Recreation
Staff has reviewed all applications and they are all complete. MMC Section 8.12.060 allows a maximum of six (6) fireworks stands in the City. Attached is Exhibit “A” with the basic application information for City Council’s consideration. 2 FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-34, approving the fireworks stand permits for 2022.
Attachment(s):
1. Mendota Pentecostal Church of God Application
2. Westside Youth, Inc. Application
3. Mendota High School Football Application
4. Mendota Youth Recreation Application
5. Resolution No. 22-34
6. Exhibit “A” – Summary of Firework Applications
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-34
OF THE CITY OF MENDOTA APPROVING
THE FIREWORKS STAND PERMITS FOR
2022
WHEREAS, the Mendota Municipal Code (“MMC”) allows the City Council of the City of Mendota (“City”) to select the organizations or groups to receive permits for the sale of fireworks, based on past practices of the City in issuing fireworks sales permit to such organizations, as long as they meet the requirements set forth in MMC Chapter
8.12; and
WHEREAS, applicants seeking the issuance of a fireworks sale permit must satisfy the following prerequisites:
1. No permit shall be issued to any person, firm or corporation except nonprofit associations or corporations organized primarily for civic betterment or youth activities; and
2. Each organization must maintain a bona fide membership of at least twenty-five (25) members and must have been organized and established for a minimum of one year continuously preceding the filing of the application for the license; and
3. No organization may receive more than one permit for sale during any one calendar year; and
WHEREAS, City staff received four (4) complete permit applications to sell fireworks for 2022, each of which satisfied the prerequisites for issuance of a permit.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the fireworks stand permits for 2022 provided in Exhibit “A,” attached hereto and incorporated herein by this reference, are hereby approved. ______________________________
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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit A
CITY OF MENDOTA
FIREWORK APPLICATIONS
2022
ORGANIZATION NAME LOCATION
REQUESTED
CONTACT
PERSON
CONTACT PHONE
NUMBER
Mendota Pentecostal Church of God 580 Derrick Avenue
Mendota, CA 93640 Becky Garcia (559) 250-4661
Westside Youth, Inc. 697 Derrick Avenue
Mendota, CA 93640 Dino Perez (559) 970-7840
Mendota High School Football 1105 Oller Street
Mendota, CA 93640 Robert Mejia (559) 473-5321
Mendota Youth Recreation 1659 7th Street
Mendota, CA 93640 Sergio Valdez (559) 647-4043
Exhibit A
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING A PROCUREMENT POLICY
DATE: JUNE 14, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-35, approving a procurement policy?
BACKGROUND
The City of Mendota (“City”) received their audited financials for fiscal year 2020-2021 in March 2022. Since the City expended more than seven hundred fifty thousand dollars ($750,000.00) in federal funding, the City needed to complete a Single Audit Report (“SAR”) for those expenditures to submit to the Federal Audit Clearinghouse (“FAC”), the State Controller’s Office (“SCO”), and Caltrans. In the event the City does not expend seven hundred fifty thousand dollars ($750,000.00) in federal funding, the City would submit an exemption letter to the FAC, the SCO and Caltrans.
ANALYSIS
The City completed a SAR and submitted to all three entities: FAC, SCO and Caltrans. As a result of the SAR, the City was issued a finding. A finding is a conclusion reached as a result of the audit conducted on the federal expenditures. Even though the City followed every applicable rule in accordance with State, local, tribal laws and Federal law and standards, the City did not have a written procurement policy and standards of conduct that covers conflict of interest. The City has a planned corrective action as a result of Finding Number 2021-001 to adopt a procurement policy and standards of conduct that covers conflicts of interest.
The procurement policy that the City has followed in the past is contained in the Mendota Municipal Code (“MMC”), Chapter 2.48 Purchasing System, as well as all applicable Federal, State and Local laws and regulations. The City is also in compliance with its Conflict of Interest code that is located in MMC Chapter 2.24.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-35, approving a procurement policy.
2 Attachment(s):
1. Resolution No. 22-35
2. Exhibit “A” - City of Mendota Procurement Policy
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-35
OF THE CITY OF MENDOTA APPROVING
A PROCUREMENT POLICY FOR THE
CITY OF MENDOTA
WHEREAS, the City of Mendota (“City”) received its audited financials for the fiscal year 2020-2021 and expended more than $750,000.00 in federal funding; and WHEREAS, since the City expended more than $750,000.00 in federal funds, the City must complete a Single Audit Report to submit to the Federal Audit Clearinghouse (“FAC”), the State Controller’s Office (“SCO”), and Caltrans; and WHEREAS, in reviewing the City’s financials and written policies, it was determined by Price, Paige and Company, the City’s auditor, that the City had no written procurement policy despite having Purchasing System and Conflict of Interest codes in the Mendota Municipal Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota approves the Procurement Policy attached hereto as Exhibit “A” and incorporated herein by this reference.
______________________________
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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit A
Enacted on: 6/14/2022 Enacted by: Finance Department 1
City of Mendota
ADMINISTRATIVE POLICY
PROCUREMENT POLICY
INTRODUCTION:
This policy is to provide operating procedures for the purchase of goods and services in compliance with applicable Federal, State, and Local laws and regulations. These procedures shall apply to all expenditures of public funds in adherence to the Purchasing System in Chapter
2.48 of the Mendota Municipal Code (MMC).
PURPOSE:
The purpose of this Administrative Policy is to provide a comprehensive set of policies and procedures to guide all parties involved in the purchasing functions of the City’s operations.
This policy shall provide, but will not be limited to, the following:
a. To consolidate, clarify, and modernize procurement by the City; b. To provide adequate procurement oversight by the City Council; c. To promote increased public confidence in the procedures followed in public procurement;
d. To ensure the fair and equitable treatment of all persons who deal with the procurement system;
e. To provide increased economy in procurement activities and to maximize to the fullest extent practicable the purchasing values of public funds; and f. To provide safeguards for the maintenance of a procurement system of quality and integrity with clearly defined rules for ethical behavior on part of all persons engaged in the public procurement process.
POLICY:
Ethics General Code of Conduct and Legal Requirements
It is essential that all personnel involved in the purchasing process conduct themselves in manner that maintains impartiality and complete objectivity. The following are the City’s standards in ethics for purchasing:
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• To buy on the basis of value, recognizing that value represents a combination of quality, service and price which assures the greatest economy to the City. • To be honest, courteous, and considerate in all City Dealings. • To avoid statements that might injure or discredit legitimate suppliers and to avoid disclosure of confidential information that might give an unfair advantage in a competitive business transaction.
Gift Disclosures and Prohibitions, Fair Political Practices Commission (FPPC) The purpose of this section is to highlight FPPC regulations regarding gifts for all personnel who may be engaged in the City’s purchasing function. It is essential that all personnel involved in dealings with the business community exercise a strict rule of personal contact and abide by FPPC regulations when offered a “gift.”
The FPPC defines a “gift” as any payment or other benefit that confers a personal benefit for which a public official does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the prices of anything of value unless the rebate or discount is made in the regular course of business to members of the public (Government Code, Section 82028). Except as discussed below, you have “received” or “accepted” a gift when you know that you have actual possession of the gift of when you take any action exercising direction or control over the gift, including discarding the gift or turning it over to another person (California Code of Regulations, Title 2, Section 18941.)
If you have questions, consult the FPPC at 1-866-275-3772 or [email protected] or visit their website at www.fppc.ca.gov
Employees of a local government agency who are designated in the agency’s conflict of interest code may not accept gifts from any single source totaling more than the gift limit set by the FPPC in a calendar year (five hundred twenty dollars ($520) in 2022) if the employee is required to report receiving income or gifts form that source on his or her statement of economic interest (Form 700). The gift limit is adjusted biennially to reflect changes in the Consumer Price Index.
Gifts from a single source aggregating to fifty dollars ($50) or more must be disclosed, and gifts aggregating to five hundred twenty dollars ($520) or more or the FPPC limit during any twelve 12-month period may subject you to disqualification with respect to the source.
Conflict of Interest (MMC Chapter 2.24)
2.24.010 – Filing of disclosure
Pursuant to Sections 4.5, 5.5, 6, and 7 of the FPPC’s Standard Code, located at Title 2 California Code of Regulations Section 18730, designated employees shall file statements of economic interest with the City. Upon receipt of the statements of economic interest by the City Clerk, the City shall make and retain a copy and forward the original of these statements to the FPPC.
2.24.020 – Disclosure categories.
A. The Mayor, City Council Members, and City Manager will comply with the disclosure requirements of Article 2 of Chapter 7 of Title 9 of the Government Code, Political Reform (Section 87200, et seq.).
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B. The members of the Planning Commission shall make disclosures of any investment, interest in real property, income sources or investments in business entities that are located within the City’s sphere of influence which might foreseeably by materially affected by any decision made by the Planning Commission with regard to zoning or land use within the city.
C. All other designated employees shall disclose any investment, interest in real property, income sources or investments in business entities within the city which may foreseeably be materially affected by any decision made or participated in by such designated employee by virtue of his or her position.
2.24.030 – Designated employees.
The following are designated employees who must make disclosures:
A. The Mayor and the members of the City Council;
B. The Planning Commission and its Alternate Planning Commissioner; C. The City Manager;
D. The Chief of Police;
E. The City Attorney;
F. The City Engineer;
G. The Finance Director;
H. The Finance Officer;
I. The Director of Administrative Services; and
J. The City Clerk.
Purchasing
Items included in the Approved Budget authorize the City Manager and designees to purchase the materials, supplies, services, and equipment in the budget document. Purchases for certain dollar amounts are subject to further rules, such as for Department Director level approvals, City Manager approvals, Council approvals, and/or bidding requirements.
Materials, Supplies, Equipment and Non-Public Project Contracts • Up to five hundred dollars ($500.00), each Department Head is authorized to exercise his/her discretion to make purchases so as to promote the efficiency of city service.
• Five hundred dollars and one cent – two thousand ($500.01 – $2,000.00), no less than three suppliers shall be solicited to submit telephone quotations. All offers shall be recorded in writing by the purchasing agent and maintained as a public record open for a period of one year from date of award. The award shall be made to the lowest responsive and responsible offeror.
• Two thousand dollars and one cent – ten thousand dollars ($2,000.01 – $10,000.00), no less than three suppliers shall be solicited to submit written Enacted on: 6/14/2022 Enacted by: Finance Department 4
quotations. All offers shall be given to the purchasing agent and maintained as a public record open for a period of one year from date of award. The award shall be made to the lowest responsive and responsible offeror.
Professional Services Contracts (Non-construction)
• Professional services may be engaged without competitive bidding, provided that a reasonable number of prospective service providers are given an opportunity to submit their qualifications for the desired service. The specific procedures for hiring professionals shall vary with the nature and extent of the required service.
The award shall be made to the professional deemed most qualified and capable of providing the required service in a timely and acceptable manner.
Compensation shall be subject to negotiation. If agreement cannot be reached with the designated professional, negotiations shall be terminated, and negotiations shall be initiated with the next best qualified and capable professional service provider. The renewal, extension, or amendment of contracts with professional service providers shall not require a new competitive process except upon order of the City Council.
Federally Funded Projects/Grants Procurement (Title 2, Code of Federal Regulations (CFR) § 200.320 [Title 2 Grants and Agreements, Code of Federal Regulations published by the Office of the Federal Register National Archives and Records Administration]) • Up to ten thousand dollars ($10,000.00) Micro Purchase, each Department Head.
If amount of any purchase or contract exceeds five thousand dollars ($5,000.00), the purchase or contract shall be awarded by the City Council. • Ten thousand dollars and one cent – two hundred fifty thousand dollars ($10,000.01 – $250,000.00) Small Purchase, Informal written quotes, City Council approval.
• Over two hundred fifty thousand dollars ($250,000.00) Formal Process, Competitive bidding (Sealed Bids, Competitive Proposals, or Sole Source), City Council approval.
Bid Procedure
• If the expenditure for a service or article, or for a class of articles normally obtained from the same sources of supply or form the sale of surplus property is estimated to be ten thousand dollars ($10,000.00) or more, the purchase or sale shall be by formal bid. When the cost or value of the item is less than ten thousand dollars ($10,000.00) the purchase or sale may be made in accordance with the “Small Purchase Procedures.”
• Formal Bid Procedure – Competitive Sealed Bids
1. Conditions for Use. All contracts and/or purchases shall be competitive sealed bid except as otherwise provided in this chapter.
2. Invitations for Bids. The invitation for bids (IFB) shall include the specifications and contractual terms and conditions applicable to the procurement.
3. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased or sold; shall state where bid Enacted on: 6/14/2022 Enacted by: Finance Department 5
blanks and specifications may be obtained and the time and place for opening bids.
4. Published Notice. Notice inviting bids shall be published at least ten (10) days before the date set for opening the bids. Notice shall be published at least once in a newspaper of general circulation in the City of the County of Fresno. The purchasing agent may waive the requirement to publish the invitation for bids if there is no source of supply in the local area.
5. Bidder’s List. The purchasing agent shall solicit sealed bids from all responsible suppliers whose names are on the bidders’ list. Suppliers may be disqualified from bidding on city contracts and removed from the bidders’ list for a period of up to five years if their performance in dealings with the City has not been satisfactory. Suppliers removed from the bidders’ list shall receive written notification of the conditions prompting disqualification.
6. Bidder’s Security. When deemed necessary by the purchasing agent, a bidder’s security may be prescribed in the invitation to bid. Bids received without the prescribed security shall be considered nonresponsive and shall be rejected. The successful bidder shall be in default and forfeit his/her bid security upon refusal or failure to execute the purchase agreement within ten (10) days after the notice of award was mailed to him/her unless the City is responsible for the delay. If the award must be made to the next lowest responsible bidder by reason of the default of the lowest responsible bidder, the amount of the lowest bidder’s security shall be applied by the City to the difference between the lowest bid and the next lowest bid. The surplus, if any, shall be returned to the lowest bidder.
7. Performance Bonds. The purchasing agent may require a performance bond before entering a contract in such amount as he/she shall find reasonably necessary to protect the City. If a performance bond is required, the form and amount of the bond shall be described in the notice inviting bids. Failure to submit a performance bond within the time prescribed in the notice of award shall constitute just cause for default, annulment of the award and forfeiture of the bidder’s security.
8. Insurance and Indemnity. Bids solicited for contractual services or specialized equipment shall include insurance and indemnity clauses.
9. Bid Opening. Sealed bids shall be submitted to the purchasing agent and shall be identified on the envelope as “Bids.” Bids shall be opened in pubic at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection in the City’s purchasing office during regular business hours for a period of not less than thirty (30) calendar days after the bid opening.
10. Award of Purchase or Contract. Purchases or contracts shall be awarded to the lowest responsive and responsible bidder. In determining the lowest responsible and responsible bidder, the following shall be taken into consideration:
a. The quality, suitability, and efficiency of the item; b. The total or life cycle cost of the equipment;
Enacted on: 6/14/2022 Enacted by: Finance Department 6
c. The delivery, discount terms, and all other conditions submitted in the bid; and
d. The reputation of the equipment, the service reputation of the bidder, the experience(s) of the City with the bidder or equipment, and all other information and data relevant to the responsibility of the supplier.
11. Rejection of Bids. The City reserves the right to reject any or all bids in whole or in the part and may waive any irregularities or informalities in any bids when such action is considered to be in the best interest of the City. All bids received after the designated closing date and time shall be considered nonresponsive and shall be rejected.
12. Tie Bids. If two and more bids received are in the same total amount, and the unit price, quality and service are equal, and, if there is no evidence of collusion between the bidders and if the circumstances will not permit the readvertising of bids, the City may accept the bid of its choice.
13. Notification of Award. All suppliers participating in the formal bid process shall be notified in writing of the terms and conditions of the successful award.
• In lieu of publishing and receiving its own bids, the purchasing agent may elect to utilize bids under a state, county, or other city bid package.
Competitive Negotiation
• Conditions for Use. When the purchasing agent determines, in writing, that the use of competitive sealed bids for purchases in excess of ten thousand dollars ($10,000.00) is either not practical of not advantageous to the City, a contract or purchase may be entered into after competitive negotiations as herein authorized.
This procedure may not be used for Public Works Projects in excess of five thousand dollars ($5,000.00).
• Request for Proposal (RFP). Proposals shall be solicited through a request for proposal.
• Notice Requesting Proposal. Public Notice of the request for proposal shall be given in the manner provided in Section 2.48.110(B)(2) and (3) of the Mendota Municipal Code, “Bid Procedure” and listed in this Procurement Policy, to those vendors or service providers who the purchasing agent deems capable of satisfying the City’s requirements.
• Receipt of Proposals. Sealed proposals shall be submitted to the purchasing agent by the date and time specified on the prescribed forms and shall be identified by a request-for-proposal number. Proposals shall be handled so as to permit no disclosure of the identity of any offeror or the contents of any proposal to competing offerors during the process of negotiation. A record shall be prepared containing the name of each offeror, the number of modifications received, if any, and a description sufficient to identify the item offered. This record shall be open for public inspection after the contract is awarded.
• Proposal Evaluation. The RFP shall include the criteria for evaluation and the relative importance of price and other factors.
Enacted on: 6/14/2022 Enacted by: Finance Department 7
• Negotiation. The most qualified and responsive proposals (minimum of three) will be selected for contract negotiation. Negotiations will be conducted individually with each qualified supplier. All elements of the negotiation process shall be documented by the purchasing agent. Responsible offerors shall be accorded fair and equal treatment with respect to opportunities for discussion and revision of their proposals. Revisions in writing may be permitted prior to award of the contract for the purpose of obtaining the best final offer. • Award. The award shall be made to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the criteria established for evaluation, as set forth in the RFP. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.
• Rejection of Proposals. The City reserves the right to reject any or all proposals in whole or in part and may waive any irregularities or informalities in proposals when such action is considered to be in the best interest of the City. • Notification of Award. All suppliers participating in the competitive negotiation process shall be notified in writing of the terms and conditions of the successful award.
Small Purchase Procedure
Any contract or purchase not exceeding ten thousand dollars ($10,000.00) may be made in accordance with the small purchase procedures; provided, however, that requirements shall not be artificially divided so as to constitute a small purchase under this section. This section shall not apply to public works projects in excess of five thousand dollars ($5,000.00). • For purchases up to five hundred dollars ($500.00), each Department Head is authorized to exercise his/her discretion to make purchases so as to promote the efficiency of City service.
• For purchases in excess of five hundred dollars ($500.00), but not more than two thousand dollars ($2,000.00), no less than three suppliers shall be solicited to submit telephone quotations. All offers shall be recorded in writing by the purchasing agent and maintained as a public record open for inspection for a period of one year from date of award. The award shall be made to the lowest responsive and responsible offeror.
• For purchases in excess of two thousand dollars ($2,000.00), but not more than ten thousand dollars ($10,000.00) the procedures set forth in bullet point two of this section shall apply, except that the offers shall be in writing.
Local Vendor Preference
In computing bids, offers, and quotations on all materials, supplies, equipment, and services purchased by the City, preference may be granted to responsible local vendors by an amount equal to five percent of the net bid. The granting of this local vendor’s preference shall be based on a determination by the purchasing agent that quantity and quality of the local product is equal to that of the next lowest bidder. This local vendor preference shall not be applicable to public works projects in excess of five thousand dollars ($5,000.00) Enacted on: 6/14/2022 Enacted by: Finance Department 8
Vendors
Department Heads should verify with the Finance Department if a vendor is already registered with the City as a vendor or if the vendor needs to submit a W-9 Request for Taxpayer Identification Number form in order to register as a vendor with the City, prior to the Department submitting a payment request.
Accounts Payable Process
Payment for purchases is made by check to make reconciliation and request for reimbursement through grants and other funding sources the clearest to all invested parties.
As purchases are made by authorized designees, it is their responsibility to receive a copy of the invoice or receipt of purchase and forward it to the appropriate person in the Department as directed by the Department Head for account coding and approval and then to the Finance Department on the appropriate payment request form.
Payment request forms need to be submitted to the Finance Department on a timely basis in order for payments to be processed effectively and efficiently. Sufficient back-up needs to be included with the payment request including invoices, and quotes or staff reports if applicable.
Checks to vendors will be mailed out or distributed the day following the City Council meeting or at the approval of the Finance Director and City Manager.
Purchase Order
A purchase order authorizes the seller to ship and invoice materials or services as specified. If a vendor requires a purchase order prior to accepting an order, a purchase order can be initiated.
Petty Cash
Petty cash is used for small, incidental expenditures that could be impractical to process through the payment request process. Authorized departmental fund amounts are as follows:
City-wide $700
Explorers Program $1000
The Administrator is responsible for reconciling and replenishing the fund as needed, based on receipts received. Periodic audits may be performed by the Finance Department in order to ensure compliance these procedures.
Credit Cards
Employees with a City issued Credit Card can make the same type of purchases that are allowed through the Accounts Payable Check issued process for materials, supplies or equipment. The Credit Card is not intended to, nor will it be used to circumvent any existing statues, laws, or procurement procedures or policies.
Employees requesting to use a City issued Credit Card shall request by written request.
City employee assigned to a Fuel Card are to fuel only City vehicles.
Credit Card purchase responsibilities:
• Ensure the card is used for legitimate business purposes. • Obtain receipts and submit them with the accounts payable request.
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• Immediately report a lost or stolen card to the Finance Department. • Under no circumstances shall personal purchases be made using the City credit card. However, in the case that this occurs, the employee shall inform the Finance Department and make immediate restitution of the personal purchase made.
City Charge Accounts
Department Heads are able to set up Charge Accounts with various vendors who they do business with and authorize employees to make purchases for supplies and equipment.
Department Heads have the discretion to set employee limits. Example of Charge Accounts are Sorensen Hardware and Auto Zone.
The Department is responsible for reconciling the monthly statement to the receipts submitted by the employees and submitting a payment request to the Finance Department if applicable. All statements and invoices need to be signed by Department Head.
Non-Budgeted Items
Items which were not included in the budget, shall be discussed with the City Manager and Finance Director and taken to City Council for approval prior to purchasing.
Emergency Purchases
In the event of a bona fide emergency, the City Manager or the Finance Director shall be contacted, and the matter discussed. If they are not available, the Department Head or his/her designee shall use their own best judgement in making the purchase. Competitive bids or proposals are not required in an emergency when goods or services are immediately necessary for the preservation of the public health, welfare, or safety of the protection of City property.
The City Manager may determine and declare that the public interest or necessity demands the immediate expenditure of public money to safeguard life, health or property, and thereupon they may proceed without advertising for bids, they may enter into a contract involving the expenditure of any money required in such emergency.
Grant Funded Programs and Projects
State or Federally funded programs have special requirements covering the acquisition of supplies, equipment, materials and services. It is the responsibility of the Department Head using the grant funds to make purchases in accordance with the grant funds and to inform the Finance Department of any provisions in order to follow required procedures.
Federal Funded Projects/Grants Procurement (2 CFR Part 200) The City will operate with the following regulation for the procurement of property or services stemming from Federal Aid. This section shall apply to the awarding of subgrants and contracts by the City stemming from Federal Grants to the City. This section shall have the same application on the awarding of sub-grants and contracts to the City stemming from State, County, or other non-federal government entity grants originating as Federal Grants.
Determination of Federal Awards Requirements for Pass-thru Agencies, Sub recipients, and Contractors (2 CFR §§ 200.330 & 200.331) The City may concurrently receive Federal awards as a recipient, a sub recipient, and a contractor, depending on the substance of its agreements with Federal awarding agencies Enacted on: 6/14/2022 Enacted by: Finance Department 10 and pass-through entities. Therefore, the City will make a case-by-case determination for each agreement it makes for the disbursement of Federal program funds that the party receiving the funds in the role of a sub recipient or a contractor. The City will comply with any additional guidance to support these determinations from the awarding agency provided such guidance does not conflict with this section. (a) Subrecipients. A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient.
Characteristics which support the classification of the non-Federal entity as a subrecipient include when the non-Federal entity:
1) Determines who is eligible to receive what Federal assistance; 2) Has its performance measured in relation to whether objectives of a Federal program were met;
3) Has responsibility for programmatic decision-making; 4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and
5) In accordance with its agreement, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity. (b) Contractors. A contract is for the purpose of obtaining goods and services for the non-Federal entity’s own use and creates a procurement relationship with the contractor. Characteristics indicative of a procurement relationship between the non-federal entity and a contractor are when the contractor:
1) Provides the goods and services within normal business operations; 2) Provides similar goods or services to many different purchasers; 3) Normally operates in a competitive environment;
4) Provides goods or services that are ancillary to the operation of the Federal program; and
5) Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons.
(c) Use of judgement in making determination. In determining whether an agreement between a pass-through entity and another non-Federal entity casts the latter as a subrecipient or a contractor, the substance of the relationship is more important than the form of the agreement. All of the characteristics listed above may not be present in all cases, and the pass-through entity must use judgement in classifying each agreement as a subaward or a procurement contract.
Requirements for pass-through entities (2 CFR § 200.332) All pass-through entities must:
a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not Enacted on: 6/14/2022 Enacted by: Finance Department 11 available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes:
1. Federal award identification.
i. Subrecipient name (which must match the name associated with its unique entity identifier);
ii. Subrecipient’s unique entity identifier;
iii. Federal Award Identification Number (FAIN);
iv. Federal Award Date
v. Subaward Period of Performance Start and End Date;
vi. Subaward Budget Period Start and End Date;
vii. Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient;
viii. Total Amount of Federal Funds Obligated to the
subrecipient by the pass-through entity including the
current financial obligation;
ix. Total Amount of the Federal Award committed to the
subrecipient by the pass-through entity;
x. Federal award project description, as required to be responsive to the Federal Funding Accountability and
Transparency Act (FFATA);
xi. Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Passthrough entity; xii. Assistance Listing number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement;
xiii. Identification of whether the award is R&D; and
xiv. Indirect cost rate for the Federal award (including if the de minimis rate is charged) per §200.414.
2. All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award;
3. Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports;
4. (i) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government. If no approved rate exists, the pass-through entity must determine the Enacted on: 6/14/2022 Enacted by: Finance Department 12 appropriate rate in collaboration with the subrecipient, which is either:
A. The negotiated indirect cost rate between the passthrough entity and the subrecipient; which can be based on a prior negotiated rate between a different
PTE and the same subrecipient. If basing the rate
on a previously negotiated rate, the pass-through
entity is not required to collection information
justifying this rate, but may elect to do so; and
B. The de minimis indirect cost rate.
(ii) The pass-through entity must not require use of a de minimis indirect cost rate if the subrecipient has a federally approved rate. Subrecipients can elect to use the cost
allocation method to account for indirect costs in
accordance with §200.405(d).
5. A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient’s records and financial statements as necessary for the pass-through entity to meet the requirements of this part; and
6. Appropriate terms and conditions concerning closeout of the subaward.
b) Evaluate each subrecipient’s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as:
1) The subrecipient’s prior experience with the same or similar subawards;
2) The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F of this part, and the extent to which the same or similar subaward has been audited as a major program;
3) Whether the subrecipient has new personnel or new or substantially changed systems; and
4) The extent and results of Federal awarding agency monitoring (e.g. if the subrecipient also receives Federal awards directly from a Federal awarding agency).
c) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in §200.208.
d) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient must include:
Enacted on: 6/14/2022 Enacted by: Finance Department 13 1) Reviewing financial and performance reports required by the passthrough entity. 2) Following-up and ensuring that the subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site reviews, and written confirmation from the subrecipient, highlighting the status of action planned or taken to address Single Audit findings related to the particular subaward.
3) Issuing a management decision for applicable audit findings pertaining only to the Federal award provided to the subrecipient from the pass-through entity as required by §200.521.
4) The pass-through entity is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving crosscutting findings. If a subrecipient has a current Single Audit report posted in the Federal Audit Clearinghouse and has not otherwise been excluded form receipt of Federal funding (e.g. has been debarred or suspended), the pass-through entity may rely on the subrecipient’s cognizant audit agency or cognizant oversight agency to perform audit follow-up and make
management decisions related to cross-cutting findings in accordance with Section §200.513(a)(3)(vii). Such reliance does not eliminate the responsibility of the pass-through entity to issue subawards that conform to agency and award-specific
requirements, to manage risk through ongoing subaward
monitoring, and to monitor the status of the findings that are specifically related to the subaward.
e) Depending upon the pass-through entity’s assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals:
1) Providing subrecipients with training and technical assistance on program-related matters;
2) Performing on-site reviews of the subrecipient’s program operations; and
3) Arranging for agreed-upon-procedures engagements as described in §200.425.
f) Verify that every subrecipient is audited as required by Subpart F of this part when it is expected that the subrecipient’s Federal awards expended during the respective fiscal year equaled or exceeded the threshold set for in §200.501.
g) Consider whether the results of the subrecipient’s audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the pass-through entity’s own records.
Enacted on: 6/14/2022 Enacted by: Finance Department 14 h) Consider taking enforcement action against noncompliant subrecipients as described in §200.339 of this part and in program regulations.
General Procurement Standards.
a) The non-Federal entity must have and use documented procurement procedures, consistent with State, local and tribal laws and regulations and the standards of this section, for the acquisition of property or services required under a Federal award or subaward. The non-Federal entity’s documented procurement procedures must conform to the procurement standards identified in §200.317 through 200.327.
b) Non-federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions and specifications of their contracts or purchase orders.
c) 1) The non-federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontractors. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officer, employees, or agents of the non-federal entity.
2) If the non-federal entity has a parent, affiliate, or subsidiary organization that is not a State, local government, or Indian tribe, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.
d) The non-federal entity’s procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any appropriate analysis to determine the most economical approach.
e) To foster great economy and efficiency, and in accordance with efforts to promote cost-effective use of shared services across the Federal Government, the nonfederal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. Competition requirements will be met Enacted on: 6/14/2022 Enacted by: Finance Department 15 with documented procurement actions using strategic sourcing, shared services, and other similar procurement arrangements.
f) The non-federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.
g) The non-federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost.
h) The non-federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also §200.214.
i) The non-federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to, the following: Rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. j) 1) The non-federal
k) The non-federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims.
These standards do not relieve the non-federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction.
Competition (2 CFR § 200.319)
a) All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320. b) In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to:
1) Placing unreasonable requirements on firms in order for them to qualify to do business;
2) Requiring unnecessary experience and excessive bonding; 3) Noncompetitive pricing practices between firms or between affiliated companies;
4) Noncompetitive contracts to consultants that are on retainer contracts; Enacted on: 6/14/2022 Enacted by: Finance Department 16 5) Organizational conflicts of interest;
6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
7) Any arbitrary action in the procurement process.
c) The non-federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
d) The non-federal entity must have written procedures for procurement transactions.
These procedures must ensure that all solicitations:
1) Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use.
Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and 2) Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
e) The non-federal entity must ensure that all prequalified lists of persons, firms or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-federal entity must not preclude potential bidders from qualifying during the solicitation period.
f) Noncompetitive procurements can only be awarded in accordance with the §200.320(c).
Methods of procurement to be followed (2 CFR §200.320)
The non-federal entity must have and use documented procurement procedures, consistent with the standards of this section and §200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award.
a) Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition Enacted on: 6/14/2022 Enacted by: Finance Department 17 threshold (SAT), as defined in §200.1, or a lower threshold established by a nonfederal entity, formal procurement methods are not required. The non-federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include:
1) Micro-purchases –
i. Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in §200.1). To the maximum extent practicable, the non-federal entity should distribute micro-purchase equitably among qualified suppliers. ii. Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-federal entity.
iii. Micro-purchase thresholds. The non-federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase
threshold used by the non-federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Nonfederal entities may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(1)(iv) and (v) of this section. iv. Non-federal entity increases to the micro-purchase threshold up to $50,000. Non-federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The non-federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with §200.334. The self-certification must include a justification, clear identification of the threshold, and supporting documentation of any the following:
A. A qualification as a low-risk auditee, in accordance with the criteria in §200.520 for the most recent audit;
B. An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or,
C. For public institutions, a higher threshold consistent with State law.
v. Non-federal entity increases to the micro-purchase threshold over $50,000. Micro-purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non- Enacted on: 6/14/2022 Enacted by: Finance Department 18 federal entity must submit a request with the requirements included in paragraph (a)(1)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved.
2) Small purchases –
i. Small purchase procedures. The acquisition of property of services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedure is used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-federal entity.
ii. Simplified acquisition thresholds. The non-federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non-federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations.
b) Formal procurement methods. When the value of procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures.
Formal procurement methods also require public advertising unless a noncompetitive procurement can be used in accordance with §200.319 or paragraph (c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-federal entity determines to be appropriate:
1. Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction if the conditions.
(i) In order for sealed bidding to be feasible, the following conditions should be present:
A. A complete, adequate, and realistic specification or purchase description is available;
B. Two or more responsible bidders are willing and able to compete effectively for the business; and
C. The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made
principally on the basis of price.
Enacted on: 6/14/2022 Enacted by: Finance Department 19 (ii) If sealed bids are used, the following requirements apply:
A. Bids must be solicited from an adequate number of
qualified sources, providing them sufficient response time prior to the date set for opening bids, for local, and tribal governments, the invitation for bids must be publicly
advertised;
B. The invitation for bids, which will include the
specifications and pertinent attachments, must define the items or services in order for the bidder to properly
respond;
C. All bids will be opened at the time and place described in the invitation for bids, and for local and tribal governments, the bids must be opened publicly;
D. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where
specified in bidding documents, factors such as discounts, transportation costs, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior
experience indicates that such discounts are usually taken advantage of; and
E. Any or all bids may be rejected if there is a sound
documented reason.
2. Proposals. A procurement method in which either a fixed price or costreimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements:
i. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical;
ii. The non-federal entity must have a written method for conducting technical evaluations of the proposals received and making selections;
iii. Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-federal entity, with price and other factors considered; and
iv. The non-federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby offeror’s qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where prices is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to Enacted on: 6/14/2022 Enacted by: Finance Department 20 purchase other types of services though A/E firms that are a potential source to perform the proposed effort.
c) Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply:
1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(1) of this section);
2. The item is available only form a single source;
3. The public exigency or emergency for the requirement will not permit a delay resulting form publicizing a competitive solicitation;
4. The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the nonfederal entity; or
5. After solicitation of a number of sources, competition is determined inadequate.
Contracting with small or minority businesses, women’s business enterprises, and labor surplus area firms (2 CFR § 200.321)
a) The non-federal entity must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.
b) Affirmative steps must include:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses, and women’s business enterprises;
5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
6. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section.
Contract cost and price (2 CFR § 200.324)
a) The non-federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting Enacted on: 6/14/2022 Enacted by: Finance Department 21 point, the non-federal entity must make independent estimates before receiving bids or proposals.
b) The non-federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.
c) Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that cost incurred, or cost estimates included in negotiated prices would be allowable for the non-federal entity under subpart E of this part. The non-federal may reference its own cost principles that comply with the Federal cost principles.
d) The cost plus a percentage of cost and percentage of construction cost methods of contracting must be used.
Federal awarding agency or pass-through entity review (2 CFR § 200.325) a) The non-federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the nonfederal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.
b) The non-federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when:
1. The non-federal entity’s procurement procedures or operation fails to comply with the procurement standards in this part;
2. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;
3. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product;
4. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or
5. A proposed contract medication changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.
Enacted on: 6/14/2022 Enacted by: Finance Department 22 c) The non-federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with standards of this part.
1. The non-federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; and
2. The non-federal entity may self-certify its procurement system. Such selfcertification must not limit the Federal awarding agency’s right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-federal entity that it is complying with these standards. The non-federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review.
Suspended or Debarred Parties
City employees shall not enter into covered transactions with parties that are suspended or debarred or otherwise excluded from or ineligible for participation in Federal assistance programs and activities (2 CFR, § 200.213; 2 CFR § 180). Check sam.gov for vendor debarment or suspension when the procurement process begins.
Procurements made pursuant to a federal award or subject to reimbursement, in whole or in part, with Federal Funds must comply with the City’s procurement policy, and the applicable Federal Procurement Requirements.
Public Projects, Uniform Construction Cost Accounting Act Public projects are bid in accordance with the Uniform Construction Cost Accounting Act as of December 15, 1997. If the project is federally funded, in whole or in part, the procurement must comply with the City’s purchasing procedures, state law, and the applicable Federal Procurement Requirements.
As defined in Public Contract Code section 22022, subdivision (c), all public projects performed by public agencies may include:
• Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility.
• Painting or repainting of any publicly owned, leased, or operated facility. • In the case of publicly owned utility system, construction, erection, improvement or repair of dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.
“Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
• Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
Enacted on: 6/14/2022 Enacted by: Finance Department 23 • Minor repainting.
• Resurfacing of streets and highways at less than one inch. • Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. • Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230, 000 volts and higher.
Bid limitation (Public Contract Code §§ 22032 and 22034 (d)):
• Public projects of sixty thousand dollars ($60,000.00) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
• Public projects of two hundred thousand dollars ($200,000.00) or less may be let to contract by informal procedures as set forth in this legislation. • Public projects of more than two hundred thousand dollars ($200,000.00) shall, except as otherwise provided in this legislation, be let to contract by formal bidding procedures.
• If all bids received are in excess of two hundred thousand dollars ($200,000.00), the governing body of the public agency may by adoption of a resolution by a four-fifths vote, award the contract, at two hundred fifteen thousand dollars ($215,000.00) or less, to the lowest responsible bidder, if it determines that the cost estimate of the public agency was reasonable.
Separation of Work orders of Projects: Evasion of Provision of Article (Public Contract Code § 22033)
It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.
Notice Inviting Formal Bids; Information; Publication (Public Contract Code § 22037) Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency; or, if there is no newspaper printed and published within the jurisdiction of the public agency, or, if there is no newspaper which is circulated within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for the posting of its notices. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Section 22036. The notice shall be sent at least fifteen (15) calendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice, as it deems proper.
Enacted on: 6/14/2022 Enacted by: Finance Department 24 Award of Bid
Public Contract Code Section 22038 allows the public agency in its discretion to reject any bids presented. If the agency prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency provides a written notice to an apparent low bidder that:
a) Informs the lowest responsible bidder of the agency’s intention to reject the bid. b) Is mailed at least two business days prior to the hearing at which the agency intends to reject the bid.
If after opening bids all bids are rejected, the public agency shall have the option, after reevaluating its cost estimates of the project, of either of the following:
a) The public agency may abandon the project or re-advertise for bids in the manner described by the applicable legislation; or
b) The public agency may pass a resolution by a four-fifths majority of its governing body declaring that its employees can perform the project more economically, the public agency may have the project done by force account without further complying with this legislation.
If a contract is awarded, it shall be awarded to the lowest bidder. If two or more bids are the same as the lowest, the public agency may accept the one it chooses.
If no bids are received, the project may be performed by employees of the public agency by force account or by informal bidding procedures set forth in Section 22034 of the Public Contract Code.
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING AN AMENDMENT TO THE FISCAL YEAR 2021-2022 BUDGET DATE: JUNE 14, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-36, approving an amendment to the Fiscal Year 2021-2022 Budget?
BACKGROUND
The City Council approved the City of Mendota’s (“City”) budget for fiscal year 2021-2022 on June 22, 2021 and approved the first budget amendment on July 27, 2021 to incorporate the premium pay for employees who worked during the pandemic and for the restructuring of the organization with the departure of the former Finance Director/Assistant City Manager. This proposed second budget amendment will be for the purchase of the sewer cleaner truck.
ANALYSIS
The sewer cleaner truck was input into the fiscal year 2021-2022 budget as a financed purchase.
The City obtained financing through United Security Bank with making anticipated annual payments of a total of $118,000.00 for the year. However, the City was in the process of refinancing the sewer bonds issued in 2005 and 2010 into one bond payment. Through this process, it was determined that the City should not finance the sewer cleaner truck but make the entire purchase in order to not compromise the refinancing of the sewer bonds. The City will be increasing the sewer fund budget by $335,486.36 to accommodate the purchase. The line item for 10-7210-5950 will be reduced by $118,000.00 and the line item for 10-7210-6500 will be increased by $453,486.00. The total purchase of the sewer cleaner truck was $453,486.36.
FISCAL IMPACT
Increase the Sewer Fund by $335,486.36.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-36, approving an amendment to the Fiscal Year 2021-2022 budget.
Attachment(s):
1. Resolution No. 22-36
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-36
OF THE CITY OF MENDOTA APPROVING
AN AMENDMENT TO THE FISCAL YEAR
2021-2022 BUDGET
WHEREAS, on June 22, 2021, the City Council approved the City of Mendota’s (“City”) budget for Fiscal Year (“FY”) 2021-2022; and
WHEREAS, on July 27, 2021, the City Council approved the first amendment to the City’s budget to incorporate the premium pay for workers performing essential work during the pandemic compensated through the first installment from the American Rescue Plan (“ARP”) for the Small City Allocations for Non-Entitlement Units of Local Government (“NEU”) and restructuring positions; and
WHEREAS, the City anticipated financing a purchase for a sewer cleaner truck; however, since the City was in the process of refinancing the sewer bonds issued in 2005 and 2010, it was determined purchasing the truck versus financing it would not compromise refinancing the sewer bonds.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota approves the amendment to the Fiscal Year 2021-2022 City budget directing staff to:
1. Reduce line item 10-7210-5950 by one hundred eighteen thousand dollars and zero cents ($118,000.00) in the Sewer Fund; and
2. Increase line item 10-7210-6500 by four hundred fifty-three thousand four hundred eighty-six dollars and zero cents ($453,486.00) in the Sewer Fund. ______________________________
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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AUTHORIZING EXPENDITURES FOR THE MATERIALS REQUIRED FOR THE
CONSTRUCTION OF THE HONOR WALL AT THE BASEBALL FIELDS AT ROJAS-PIERCE PARK
DATE: JUNE 14, 2022
ISSUE
Should the City Council adopt Resolution No. 22-37, authorizing expenditures for the materials required for the construction of the honor wall at the baseball fields at Rojas-Pierce Park?
BACKGROUND
For the past year, the Recreation Commission has been discussing establishing various sponsorship opportunities for the ballfields at Rojas-Pierce Park, including the banner program that was launched earlier this year and an honor wall program. Through the honor wall program, sponsors may purchase engraved tiles in the honor of someone and those tiles will be added to the wall. Funds raised through this program will be utilized for recreational purposes and activities within the City.
At its May 6, 2021 regular meeting, the Commission adopted Resolution No. RC 21-01, recommending that the City Council move forward with establishing the Honor Wall Program.
Moreover, earlier this year, the Commission discussed and selected the design for the wall (the design drawings are attached to the staff report).
ANALYSIS
Tony and Sons Construction, Inc. has offered to donate the company’s time to construct the wall.
However, the City of Mendota (“City”) would be responsible for the cost of the materials needed to construct the wall. Based on the design, staff estimates that the cost of the materials will not exceed $20,000.
The construction of the wall is the first step in implementing the program. Next, the Commission will discuss the details of the program including the intended cost of the pavers, program flyers, and program procedures, with the aforementioned being ultimately considered and approved by the City Council.
FISCAL IMPACT
Up to $20,000 will be used for the construction of the honor wall. 2 RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-37, authorizing expenditures for the materials required for the construction of the honor wall at the baseball fields at RojasPierce Park.
Attachment(s):
1. Honor Wall Design Drawings
2. Resolution No. 22-37
0 FEET 1 2
8"
SOUTH (FRONT) VIEW
22'-0"
23'-3 5/8"
MENDOTA HONOR WALL
EXIST. CONC.
FLATWORK
FLUSH 4 3/4"
ENGRAVED DONOR
PLAQUE (3.5"x7.5"), 0.5" SPACING
WALL NAME PLATE OR
CAST-IN-PLACE LETTERING
A-A3B-B3 8" 8"
DATE:
OF
DESIGN ENGINEER:
JOB NO:
MENDOTA HONOR WALL
CITY OF MENDOTA
HONOR WALL
MLO
5/24/2022
333619004 1 3 7/28/2010 10:25 AM G:\Mendota_City of-3336\333619004-Rojas Pierce Park Impr\300 CAD\340 Sheet Sets\03_Sections_Profiles\1 MENDOTA HONOR WALL EXHIBIT.dwg -J Espinoza
PLAN (TOP) VIEW
23'-3 5/8" 1'-0" 3'-0"
7 3/4"± 22'-0" 7 3/4"± 34
" CHAMFER,
SEE NOTE 6
CONCRETE
CONCRETE
CONCRETE
TURF
EDGE OF CONCRETE, TYP. 0
FEET 1 2
DATE:
OF
DESIGN ENGINEER:
JOB NO:
MENDOTA HONOR WALL
CITY OF MENDOTA
HONOR WALL
MLO
5/24/2022
333619004 2 3 7/28/2010 10:25 AM G:\Mendota_City of-3336\333619004-Rojas Pierce Park Impr\300 CAD\340 Sheet Sets\03_Sections_Profiles\1 MENDOTA HONOR WALL EXHIBIT.dwg -J Espinoza 3'-0" 4'-0"
1'-0"
A-A 1'-0"
3'-0" 4'-0"
1'-0" 1'-0"1'-0"
8"
B-B
NOTES
1. REMOVE EXISTNG TURF AND RELOCATE ANY SPRIKLERS TO NORTH SIDE OF FOOTING.
2. CONCRETE SHALL BE GRAY COLORED AND CONTAIN NOT LESS THAN 564 LBS. OF PORTLAND CEMENT PER CUBIC YARD OF CONCRETE (6-SACK) WITH A MINIMUM 28-DAY COMPRESSIVE STRENGTH OF 3,000 PSI. PORTLAND CEMENT SHALL BE TYPE II.
3. SACK AND PATCH AFTER FORM REMOVAL TO PROVIDE SMOOTH, UNIFORM SURFACE.
4. REINFORCING STEEL (REBAR) SHALL BE ASTM A615, GRADE 60, TYPE "S".
5. MAINTAIN MIN. 2" CLEAR FROM EDGE OF BAR TO FACE OF CONCRETE IN STEM AND MIN. 3" CLEAR IN FOOTING.
6. TIE WIRE SHALL BE ANNEALED STEAL, 16-GAUGE MINIMUM.
7. PROVIDE 34" CHAMFER OF ALL EXPOSED VERTICAL AND HORIZONTAL CORNERS.
8. THERE IS SPACE FOR APPROXIMATELY 221 PLAQUES, DEPENDING ON SIZE OF WALL NAME PLATE. 8" 8"
#4 REBAR HORIZ AT 24" O.C. IN STEM
WITH ADDITIONAL #4 AT TOP
#4 REBAR VERT. AT 24" O.C.,
BOTH SIDES
3- #4 REBAR HORIZ. AT 12" O.C.,
CENTERED IN FOOTING 0
FEET 1 2
DATE:
OF
DESIGN ENGINEER:
JOB NO:
MENDOTA HONOR WALL
CITY OF MENDOTA
HONOR WALL
MLO
5/24/2022
333619004 3 3 7/28/2010 10:25 AM G:\Mendota_City of-3336\333619004-Rojas Pierce Park Impr\300 CAD\340 Sheet Sets\03_Sections_Profiles\1 MENDOTA HONOR WALL EXHIBIT.dwg -J Espinoza 1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-37
OF THE CITY OF MENDOTA AUTHORIZING
EXPENDITURES FOR THE MATERIALS
REQUIRED FOR THE CONSTRUCTION OF
THE HONOR WALL AT THE BASEBALL
FIELDS AT ROJAS-PIERCE PARK
WHEREAS, the Recreation Commission (“Commission”) of the City of Mendota (“City”) has discussed the possibility of constructing an Honor Wall (the “Wall”) to allow sponsors to purchase tiles in the honor of someone with those tiles placed on the Wall; and
WHEREAS, on May 6, 2021, the Commission considered and adopted Resolution No. RC 21-01, recommending that the City Council move forward with establishing the Honor Wall Program (the “Program”); and WHEREAS, the Wall will serve as a sponsorship opportunity for the baseball fields at Rojas-Pierce Park and any funds raised by the Program will be utilized for recreational purposes and activities within the City, all for the betterment of the City’s local community and its residents; and
WHEREAS, Tony and Sons Construction has offered to donate the company’s time to construct the Wall, with the City providing the materials necessary for construction.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, that the City hereby authorizes expenditures for the materials required for the construction of the Wall, in an amount not to exceed $20,000.
BE IT FURTHER RESOLVED, by the City Council of the City of Mendota, that the City has determined the adoption of this Resolution is not subject to environmental review under the California Environmental Quality Act (“CEQA”) because it is a ministerial approval which does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and therefore is not considered a “project” under CEQA. (Pub. Res. Code, § 21065; 14 Cal. Code Regs., §§ 15378, subd. (a), 15601, subd. (b)(3), 15064, subd. (d)(3). See also 14 Cal. Code Regs., § 15268, subd. (a) [ministerial projects exempt from CEQA].)
______________________________
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 14th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPLICATION NO. 21-10, THE CARBALLO (SALOMON) APARTMENTS PROJECT DATE: JUNE 14, 2022
ISSUE
In the matter of Application No. 21-10, the Carballo (Salomon) Apartments Project, shall the City Council adopt a negative declaration, approve a general plan amendment, and introduce and waive the first readings of an ordinance related to a rezone?
BACKGROUND
The applicant proposes to amend the planned land use for an existing legal lot on the north side Marie Street south of 7th Street from the Medium-High Density Residential land use to the HighDensity Residential land use and rezone the entire property from R-2 (Medium/High Density Residential) to R-3 (High Density Multiple-Family Residential) in order to facilitate the construction of up to 15 multiple family dwellings on the site. The site is currently occupied by a single residence as well as other accessory buildings which would be demolished as a part of the project. An initial study and proposed negative declaration have been prepared pursuant to the California Environmental Quality Act.
Owner/Applicant: Julio Carballo
Representative: Ubaldo Garcia Hernandez, Architect
Location: 755 Marie Street; APN 013-106-15
See attached map and photo
Site Size: 0.60 acres (26,250 SF)
General Plan: Medium High Density Residential
Zoning: R-2 (Medium/High Density Residential)
Existing Use: One existing residence
Surrounding Uses: North – Residential; R-1
East – Residential; R-2
South – Light Manufacturing Industrial; M-1
West – Residential; R-2
Street Access: Marie Street, alley
PLANNING COMMISSION ACTIONS
Following a public hearing at a regular meeting on May 17, 2022, the Planning Commission by a vote of 4-1 adopted Resolution No. PC 22-02, which recommendations the City Council takes the following actions:
2 1. Finds that the initial study and negative declaration prepared for the project comply with provisions of the California Environmental Quality Act, and affirms that the project will not have a significant effect on the environment; and
2. Approves a change of General Plan Land Use designation for from Medium Density Residential to High Density Residential; and
3. Approves a change of zone for Assessor’s Parcel No. 013-106-15 from the R-2 Medium/High Density Residential to the R-3 High Density Multiple-Family Residential District, subject to the condition that any construction on the site shall be limited to one (1) story.
ANALYSIS
Application No. 21-10 proposes a combination of discretionary City processes that would ultimately allow construction of up to 15 multifamily dwellings on the site. The multiple procedural components include a General Plan Amendment (GPA), a Rezone (REZ), and an IS/ND. The project also requires site plan review, which would be completed by the City Planner at a later date provided that the GPA, REZ and IS/ND are approved.
General Plan Amendment
Government Code Sections 65353-65358 contain the procedures for adoption or amendment of a general plan. The Planning Commission is required to conduct a public hearing to consider the proposal, following which it may make a recommendation to the City Council. Additionally, a city may not amend a single element of its general plan more than four times per calendar year.
Adoption of the proposed general plan amendment would constitute the first amendment to the City’s Land Use Element for Calendar Year 2022.
The project would amend the Land Use Diagram, itself part of the Land Use Element of the City of Mendota General Plan Update 2005-2025 from Medium High Density Residential (6.1-11.0 dwelling units per acre) to High Density Residential (11.1-25.0 dwelling units per acre). The High Density Residential designation is intended to facilitate development of multifamily dwellings, which could include apartments, condominiums, row houses, zero-lot-line single-family residences, or other housing types at densities within the established range. It does not necessarily indicate that the site would contain “affordable” housing, or housing offered at a reduced cost, although such housing could be provided at the location. That being said, rental costs are often less expensive than costs of ownership, and historically Mendota has been at a loss for quality lowercost housing opportunities. At a size of 0.60 acres, the site could support a maximum of 15 units under the High Density Residential designation. The applicant has stated that he intends to voluntarily keep the rental costs low and will likely rent the units to his employees.
Importantly, if the General Plan Land Use remains as Medium High Density Residential, the site can support up to six multifamily dwellings with no discretionary oversight from the City; if the applicant chooses to pursue additional units under California’s Density Bonus Law (Gov Code Section 65915, et seq.), which would require that he formally agree to maintain the affordability level of the units pursuant to an agreement with the City, the same project site could support up to 12 units. Further, the applicant would be entitled under that same law to four (4) incentives or concessions, which could include waiver of development standards, reduction of fees, or other modified provisions that would serve to enhance affordability. 3 Senate Bill (SB) 18, codified at Government Code Section 65352.3, requires that a city consult with Native American Tribes whenever it proposes to amend its general plan. The City requested and received a list of potentially affected Tribes from the California Native American Heritage Commission (NAHC). On August 11, 2021, the City sent consultation letters to the Tribal Governments listed below. Those listed with an asterisk (*) were sent two letters due to NAHC providing two contacts for these tribes.
• Big Sandy Rancheria of Western Mono Indians
• Chicken Ranch Rancheria of Me-Wuk Indians
• Cold Springs Rancheria
• Dumna Wo-Wah Tribal Government
• Dunlap Band of Mono Indians*
• Kings River Choinumni Farm Tribe
• Nashville Enterprise Miwok-Maidu-Nishinam Tribe
• North Fork Mono Tribe
• North Valley Yokuts Tribe*
• Picayune Rancheria of the Chukchansi Indians
• Traditional Choinumni Tribe*
• Wuksache Indian Tribe / Eshom Valley Band
• Xolon-Salinan Tribe
• Tule River Indian Tribe
• Table Mountain Rancheria*
• Santa Rosa Rancheria Tachi Yokut Tribe
The statute provides that Tribes have 90 days to respond to the City’s request for consultation, which in this case ended on November 8, 2021. No requests for formal consultation were received within the 90-day time period.
Rezone
The process to amend the Zoning Ordinance, including the Official Zoning Map, is contained within Government Code Sections 65853-65857, as well as within MMC Section 17.08.040, and is very similar to the general plan amendment process. The Planning Commission is required to conduct a noticed public hearing to consider the proposal, following which it may make a recommendation to the City Council. The City Council then conducts a noticed hearing and considers the proposal.
The project site is currently located within the R-2 (Medium/High Density Residential). The Project proposes to amend the zoning for the site to be zoned R-3 (High Density Multiple-Family Residential. Consistent with the proposed High Density Residential General Plan Land Use, this would ultimately allow for construction of higher-density residential dwellings. At the Planning Commission hearing on May 17, 2022, members of the public who reside near the project site expressed concern about the potential for loss of privacy resulting from the construction of twostory multifamily dwellings near their properties. Accordingly, the Planning Commission’s recommendation to the City Council included a provision that any construction on the site be 4 limited to a single story. When considering that aspect of the Commission’s recommendation, the Council should note that currently, two-story development is permitted on the site by right (i.e., without any discretionary consideration by the City), a situation that was discussed during the Planning Commission hearing. Similarly, and as discussed under General Plan Amendment above, the project site can support between 6 and 12 units without Council approval of the rezone and the applicant would likely be eligible for mandatory concessions and incentives. For these reasons, staff suggests that the Council does not include the one-story restriction.
ENVIRONMENTAL
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA, Public Resources Code section 21000, et seq. and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, section 15000, et seq. A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines section 15378 and will have a direct physical effect on the environment.
Additionally, section 15378 expressly includes amendments to a general plan or a zoning ordinance within the definition of “project.”1
Assembly Bill 52 (AB 52), codified at Public Resources Code section 21080.3.1, et seq., requires that prior to releasing a CEQA document for public review, a lead agency, in this case the City of Mendota, must notify any Native American Tribe that has presented the City with a written request for notification. The City received such a letter from the Santa Rosa Rancheria Tachi Yokut Tribe on August 8, 2016. As a result, the City is obligated to notify Santa Rosa of any project for which it intends to prepare a negative declaration, mitigated negative declaration, or environmental impact report prior to releasing the document for public review. This is a separate process from the SB 18 process described above under General Plan Amendment.
Tribes have 30 days from receipt of the notice to provide comments or request that the City initiate formal consultation. Within a further 30 days, the City must initiate that consultation, the intention of which is to identify potential impacts to tribal cultural resources and any mitigation that can reduce or eliminate those impacts. Once initiated, there is no limit to the duration of the formal consultation: either mitigation is agreed upon; the parties agree that no mitigation is needed; or one party determines that a good-faith effort has been made to agree, but no agreement is forthcoming. The City mailed notice of the project to Santa Rosa as well as to the same tribes notified pursuant to SB 18 on August 11, 2021 via certified mail. No comments were received during the 30-day period.
Based on the results of the initial study, the City Planner made a preliminary finding on April 28, 2022 that the project would not have a significant impact on the environment, and that a negative declaration would be prepared. Also on April 28, 2022, a notice of intent to adopt an initial study/ 1 Recently clarified by the California Supreme Court regarding zoning in Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal. 5th 1171.
5 Based on the results of the initial study, the City Planner made a preliminary finding on April 28, 2022 that the project would not have a significant impact on the environment, and that a negative declaration would be prepared. Also on April 28, 2022, a notice of intent to adopt an initial study/ negative declaration (IS/ND) was published in The Business Journal and filed electronically with the State Clearinghouse (SCH) of the Governor’s Office of Planning and Research. The notice of intent indicated that the IS/ND would be subject to a public review and comment period starting on April 28, 2022 and ending on May 17, 2022. It further stated that the Mendota Planning Commission would consider the CEQA document and other components of the project at a regular meeting on May 17, 2022 and that the Mendota City Council would consider the project at a tobe-determined date.
SCH assigned the unique identifier 2022040623 to the IS/ND. No comments were received during the 20-day CEQA review period.
At the Planning Commission hearing, members of the public indicated concerns about traffic, noise, and dust. The initial study, including reference to a CalEEMod air quality analysis, the Fresno Council of Governments’ Vehicle Miles Traveled (VMT) Calculator Tool, and compliance with the City’s noise ordinance, determined that there would not be significant effects to those impact categories. Note that traffic congestion, a specific allegation about the project, is not of concern for at least two reasons. The first is that CEQA no longer expressly considers congestion (as indicated by “level of service” or “LOS”) as a factor when determining environmental effects.
Secondly, the Institute of Traffic Engineers Trip Generation Manual (10th Edition) indicates a range of 6.28-8.14 average daily trips (ADT) per dwelling for low-rise multifamily projects (varying by weekday, Saturday, and Sunday) and 0.56-0.70 trips per dwelling during the peak hours of traffic (also varying by day). This indicates a total of 94.2-122.1 trips per day, or 8.4-
10.5 trips during the busiest hour of the day. For reference, if developed under the current land use and zoning, trip generation would be 37.7-97.7 daily trips and 3.4-8.4 peak-hour trips. Note that these numbers are averages and the calculations are simplified for the purposes of this report.
Marie Street has long been designated as a collector street by the General Plan circulation element, indicating that it is a primary route for traffic. Marie Street remains of a sufficient width, pavement type, and level of improvement to accommodate the minimal additional traffic resulting from the project.
PUBLIC NOTICE
In addition to the CEQA notice of intent published and filed on April 28, 2022, a notice of this public hearing was published in the June 3, 2022 edition of The Business Journal, was individually mailed to property owners within 300 feet of the project site, and was posted at City Hall and on the City’s website.
FISCAL IMPACT
Review and processing of the planning applications, engineering plans, and building plans are paid for by the applicant, and the project will be responsible for payment of development impact fees.
If built at 15 units as proposed, the project would pay approximately $107,000 in impact fees, plus water and sewer connection fees to be determined. Building fees will be determined when a building permit is requested.
6 RECOMMENDATION
Staff recommends that the City Council:
1. Adopts Resolution No. 22-38, adopting a mitigated negative declaration and mitigation monitoring and reporting program and determining that, with mitigation incorporated, the project will not result in a significant effect on the environment.
2. Adopts Resolution No. 22-39, amending the General Plan Land Use designation of APN 013-106-15 from Medium High Density Residential to High Density Residential.
3. Introduces and waives the first reading of Ordinance No. 22-01, which would amend the zone district of APN 013-106-15 from R-2 (Medium/High Density Residential) to R-3 (High Density Multiple-Family Residential).
Attachment(s):
1. Aerial photo and site depiction
2. General Plan Exhibit
3. Zoning Exhibit
4. Assessor’s Parcel Map
5. Initial Study
6. Resolution No. 22-38
7. Resolution No. 22-39
8. Ordinance No. 22-01
AERIAL PHOTO AND SITE DEPICTION
7 GENERAL PLAN EXHIBIT
8 ZONING EXHIBIT
9 SITE PLAN
10 City of Mendota
General Plan Amendment, Rezone, and Site
Plan Review No. 21-10
Draft Initial Study / Negative Declaration
April 2022
City of Mendota
643 Quince Street
Mendota, CA 93640
City of Mendota
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 i
Table of Contents
1 Chapter 1 Introduction .........................................................................................................................................1-1
1.1 Regulatory Information..............................................................................................................................1-1
1.2 Document Format ......................................................................................................................................1-1 2 Chapter 2 Project Description.............................................................................................................................2-1
2.1 Project Background and Objectives.........................................................................................................2-1
2.1.1 Project Title...................................................................................................................................2-1
2.1.2 Lead Agency Name and Address...............................................................................................2-1
2.1.3 Contact Person and Phone Number.........................................................................................2-1
2.1.4 Project Location ...........................................................................................................................2-1
2.1.5 Latitude and Longitude ...............................................................................................................2-1
2.1.6 Project Details...............................................................................................................................2-1
2.1.7 Land Uses and Zoning ................................................................................................................2-2
2.1.8 Other Public Agencies Whose Approval May Be Required..................................................2-2
2.1.9 Consultation with California Native American Tribes...........................................................2-2 Environmental Factors Potentially Affected......................................................................................................2-8 3 Chapter 3 Impact Analysis ...................................................................................................................................3-1
3.1 Environmental Factors Potentially Affected ..........................................................................................3-1
3.2 Aesthetics......................................................................................................................................................3-2
3.2.1 Environmental Setting.................................................................................................................3-2
3.2.2 Impact Assessment ......................................................................................................................3-2
3.3 Agriculture and Forestry Resources.........................................................................................................3-4
3.3.1 Environmental Setting.................................................................................................................3-4
3.3.2 Impact Assessment ......................................................................................................................3-5
3.4 Air Quality ....................................................................................................................................................3-7
3.4.1 Methodology .................................................................................................................................3-7
3.4.2 Environmental Setting.............................................................................................................. 3-10
3.4.3 Impact Assessment ................................................................................................................... 3-10
3.5 Biological Resources................................................................................................................................ 3-13
3.5.1 Environmental Setting.............................................................................................................. 3-13
3.5.2 Soils.............................................................................................................................................. 3-14
3.5.3 Methodology .............................................................................................................................. 3-14
3.5.4 Impact Assessment ................................................................................................................... 3-22 City of Mendota
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 ii
3.6 Cultural Resources ................................................................................................................................... 3-23
3.6.1 Environmental Setting.............................................................................................................. 3-23
3.6.2 Impact Assessment ................................................................................................................... 3-23
3.7 Energy ........................................................................................................................................................ 3-25
3.7.1 Environmental Setting.............................................................................................................. 3-25
3.7.2 Impact Assessment ................................................................................................................... 3-25
3.8 Geology and Soils..................................................................................................................................... 3-26
3.8.1 Environmental Setting.............................................................................................................. 3-26
3.8.2 Impact Assessment ................................................................................................................... 3-27
3.9 Greenhouse Gas Emissions ................................................................................................................... 3-31
3.9.1 Environmental Setting.............................................................................................................. 3-31
3.9.2 Impact Assessment ................................................................................................................... 3-33
3.10 Hazards and Hazardous Materials......................................................................................................... 3-35
3.10.1 Environmental Setting.............................................................................................................. 3-35
3.10.2 Impact Assessment ................................................................................................................... 3-36
3.11 Hydrology and Water Quality ................................................................................................................ 3-38
3.11.1 Environmental Setting.............................................................................................................. 3-38
3.11.2 Impact Assessment ................................................................................................................... 3-39
3.12 Land Use and Planning ........................................................................................................................... 3-40
3.12.1 Environmental Setting.............................................................................................................. 3-40
3.12.2 Impact Assessment ................................................................................................................... 3-40
3.13 Mineral Resources.................................................................................................................................... 3-43
3.13.1 Environmental Setting.............................................................................................................. 3-43
3.13.2 Impact Assessment ................................................................................................................... 3-43
3.14 Noise .......................................................................................................................................................... 3-45
3.14.1 Environmental Setting.............................................................................................................. 3-45
3.14.2 Impact Assessment ................................................................................................................... 3-47
3.15 Population and Housing ......................................................................................................................... 3-48
3.15.1 Environmental Setting.............................................................................................................. 3-48
3.15.2 Impact Assessment ................................................................................................................... 3-48
3.16 Public Services.......................................................................................................................................... 3-49
3.16.1 Environmental Setting.............................................................................................................. 3-49
3.16.2 Impact Assessment ................................................................................................................... 3-50
3.17 Recreation.................................................................................................................................................. 3-51 City of Mendota
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 iii
3.17.1 Environmental Setting.............................................................................................................. 3-51
3.17.2 Impact Assessment ................................................................................................................... 3-51
3.18 Transportation .......................................................................................................................................... 3-52
3.18.1 Environmental Setting.............................................................................................................. 3-52
3.18.2 Impact Assessment ................................................................................................................... 3-52
3.19 Tribal Cultural Resources........................................................................................................................ 3-54
3.19.1 Environmental Setting.............................................................................................................. 3-54
3.19.2 Impact Assessment ................................................................................................................... 3-54
3.20 Utilities and Service Systems .................................................................................................................. 3-56
3.20.1 Environmental Setting.............................................................................................................. 3-56
3.20.2 Impact Assessment ................................................................................................................... 3-57
3.21 Wildfire ...................................................................................................................................................... 3-58
3.21.1 Environmental Setting.............................................................................................................. 3-58
3.21.2 Impact Assessment ................................................................................................................... 3-58
3.22 CEQA Mandatory Findings of Significance ........................................................................................ 3-60
3.22.1 Impact Assessment ................................................................................................................... 3-60
3.23 Determination: (To be completed by the Lead Agency) .................................................................. 3-62 Appendix A......................................................................................................................................................................A-1 CalEEMod Output Files......................................................................................................................................A-1 City of Mendota
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List of Figures
Figure 2-1. Vicinity Map .................................................................................................................................................2-4 Figure 2-2. Topographic Quadrangle Map ..................................................................................................................2-5 Figure 2-3. Aerial of Project Site ...................................................................................................................................2-6 Figure 2-4. Site Plan.........................................................................................................................................................2-7 Figure 3-1. Farmland Designation Map .......................................................................................................................3-6 Figure 3-2. Flood Zones.............................................................................................................................................. 3-30 Figure 3-3. General Plan Land Use Designation Map............................................................................................ 3-41 Figure 3-4. Zoning Map............................................................................................................................................... 3-42 List of Tables
Table 2-1. Subject Assessor Parcel Numbers.............................................................................................................2-2 Table 3-1. Aesthetics Impacts.......................................................................................................................................3-2 Table 3-2. Agriculture and Forestry Resources Impacts..........................................................................................3-4 Table 3-3. Air Quality Impacts.....................................................................................................................................3-7 Table 3-4. Summary of Ambient Air Quality Standards and Attainment Designation.......................................3-9 Table 3-5. Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants............ 3-11 Table 3-6. Unmitigated Long-Term Operational Emissions................................................................................ 3-11 Table 3-7. Biological Resources Impacts................................................................................................................. 3-13 Table 3-8. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity................. 3-15 Table 3-9. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity. ................... 3-19 Table 3-10. Cultural Resources Impacts .................................................................................................................. 3-23 Table 3-11. Energy Impacts....................................................................................................................................... 3-25 Table 3-12. Geology and Soils Impacts.................................................................................................................... 3-26 Table 3-13. Greenhouse Gas Emissions Impacts .................................................................................................. 3-31 Table 3-14. Construction Greenhouse Gas Emissions......................................................................................... 3-33 Table 3-15. Operational Greenhouse Gas Emissions 2021.................................................................................. 3-33 Table 3-16. Hazards and Hazardous Materials Impacts........................................................................................ 3-35 Table 3-17. Hydrology and Water Quality Impacts............................................................................................... 3-38 Table 3-18. Land Use and Planning Impacts.......................................................................................................... 3-40 Table 3-19. Mineral Resources Impacts................................................................................................................... 3-43 Table 3-20. Noise Impacts......................................................................................................................................... 3-45 City of Mendota
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Table 3-21. Exterior Noise Level Performance Protection Standards................................................................ 3-45 Table 3-22. Typical Construction Equipment Noise Levels................................................................................. 3-46 Table 3-23. Population and Housing Impacts ........................................................................................................ 3-48 Table 3-24. Public Services Impacts......................................................................................................................... 3-49 Table 3-25. Project Student Generation .................................................................................................................. 3-50 Table 3-26. Recreation Impacts................................................................................................................................. 3-51 Table 3-27. Transportation Impacts......................................................................................................................... 3-52 Table 3-28. Tribal Cultural Resources Impacts....................................................................................................... 3-54 Table 3-29. Utilities and Service Systems Impacts................................................................................................. 3-56 Table 3-30. Wildfire Impacts ..................................................................................................................................... 3-58 Table 3-31. Mandatory Findings of Significance Impacts..................................................................................... 3-60 City of Mendota
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Acronyms and Abbreviations
AB ................................................................................................................................................................Assembly Bill APE ..............................................................................................................................................Area of Potential Effect BAU .........................................................................................................................................................Business as Usual BPS ......................................................................................................................................Best Performance Standards CalEEMod .........................................................................................................California Emissions Estimator Model CARB...............................................................................................................................California Air Resources Board CAAQS..........................................................................................................California Ambient Air Quality Standards CDFW ........................................................................................................California Department of Fish and Wildlife CEQA.................................................................................................................. California Environmental Quality Act CFCs ..................................................................................................................................................Chlorofluorocarbons C2H3Cl ............................................................................................................................................................ vinyl chloride CH4 .........................................................................................................................................................................Methane City ...........................................................................................................................................................City of Mendota CNDDB...................................................California Department of Fish and Wildlife Natural Diversity Database CNPS ................................................................................................................................California Native Plant Society CO ........................................................................................................................................................Carbon Monoxide CO2e.......................................................................................................................................Carbon Dioxide Equivalent Cortese................................................................................................................Hazardoius Waste and Substances List DOGGR ................California Department of Conservation’s Division of Oil, Gas, and Geothermal Resources DTSC.............................................................................................................. Department of Toxic Substance Control EIR .................................................................................................................................. Environmental Impact Report EOP ......................................................................................................................................Emergency Operations Plan FCFPD ............................................................................................................ Fresno County Fire Preotection District FMMP......................................................................................................Farmland Mapping and Monitoring Program GHG......................................................................................................................................................... Greenhouse Gas GSP ................................................................................................................................Groundwater Sustainabilty Plan GWP .........................................................................................................................................Global Warming Potential HFCs...................................................................................................................................................Hydrofluorocarbons H2S ...........................................................................................................................................................hydrogen sulfide HUC.................................................................................................................................................Hydrologic Unit Code IPaC ......................................U.S. Fish and Wildlife Service’s Information for Planning and Consultation system IS ...................................................................................................................................................................Initial Study City of Mendota
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 vii
IS/MND..................................................................................................Initial Study/Mitigated Negative Declaration km ......................................................................................................................................................................kilometers MGD............................................................................................................................................... million gallons per day MMRP .....................................................................................................Mitigation Monitoring & Reporting Program MND................................................................................................................................Mitigated Negative Declaration MRZ...............................................................................................................................................Mineral Resource Zone MT CO2e.................................................................................................... Metric Tons of Carbon Dioxide Equivalent N2O...............................................................................................................................................................Nitrous Oxide NAAQS...........................................................................................................National Ambient Air Quality Standards NAHC ..............................................................................................................Native American Heritage Commission ND ...................................................................................................................................................Negative Declaration NO2 .........................................................................................................................................................Nitrogen Dioxide NOX ............................................................................................................................................................Nitrogen Oxide NRCS...............................................................................................................Natural Resources Conservation Service O3 ............................................................................................................................................................................Ozone PFCs......................................................................................................................................................... Perfluorocarbons PG&E...........................................................................................................................................Pacific Gas and Electric Pb ................................................................................................................................................................................Lead PM2.5 ...............................................................................................................................................Particulate Matter less than 2.5 microns in diameter PM10 .............................................................................................. Particulate Matter less than 10 microns in diameter Ppb ............................................................................................................................................................ parts per billion Ppm ........................................................................................................................................................... parts per million Project......................Carballo Apartments, General Plan Amendment, Rezone, and Site Plan Review No. 21-10 R-2 ....................................Multiple Family Medium High Density Residential – 3,000 sqft lot per dwelling unit R-3 ....................................................Multiple Family High Density Residential – 1,500 sqft lot per dwelling unit ROG..............................................................................................................................................Reactive Organic Gases SB ......................................................................................................................................................................Senate Bill SF6 ..................................................................................................................................................... Sulfur Hexafluoride SJVAB.................................................................................................................................. San Joaquin Valley Air Basin SJVAPCD........................................................................................ San Joaquin Valley Air Pollution Control District SMARA .................................................................................................................Surface Mining and Reclamation Act SO2 .............................................................................................................................................................. Sulfur Dioxide SO4 ...........................................................................................................................................................................sulfates SR ....................................................................................................................................................................State Route SRA ............................................................................................................................................State Responsibility Area City of Mendota
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 viii
State .......................................................................................................................................................................California SWRCB.................................................................................................................State Water Resources Control Board TPY ...............................................................................................................................................................Tons Per Year μg/m3.....................................................................................................................................microgram per cubic meter USFWS ............................................................................................................................. U. S. Fish and Wildlife Service UST ......................................................................................................................................Underground Storage Tanks VMT................................................................................................................................................Vehicle Miles Traveled Chapter 1: Introduction
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1 Chapter 1 Introduction
Provost & Pritchard Consulting Group has prepared this Initial Study/Negative Declaration (IS/ND) on behalf of the City of Mendota (City) to address the potential environmental effects of Carballo Apartments, Site Plan Review Application No. 21-10 pertaining to ±0.60 acres of property located on the southwest of the intersection at 7th Street and Marie Street approximately 0.17 miles northwest of State Route 180 within the City of Mendota (Project or proposed Project). This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et. seq. The City of Mendota (City) is the CEQA lead agency for this proposed Project.
The site and the proposed Project are described in detail in the Project Description, Chapter 2.
1.1 Regulatory Information
An Initial Study (IS) is a document prepared by a lead agency to determine whether a project may have a significant effect on the environment. In accordance with California Code of Regulations Title 14 (Chapter 3, Section 15000, et seq.)—also known as the CEQA Guidelines—Section 15064 (a)(1) states that an environmental impact report (EIR) must be prepared if there is substantial evidence in light of the whole record that the proposed Project under review may have a significant effect on the environment and should be further analyzed to determine mitigation measures or project alternatives that might avoid or reduce project impacts to less than significant levels. A negative declaration (ND) may be prepared instead if the lead agency finds that there is no substantial evidence in light of the whole record that the project may have a significant effect on the environment. An ND is a written statement describing the reasons why a proposed Project, not otherwise exempt from CEQA, would not have a significant effect on the environment and, therefore, why it would not require the preparation of an EIR (CEQA Guidelines Section 15371). According to CEQA Guidelines Section 15070, a ND or mitigated ND shall be prepared for a project subject to CEQA when either:
a. The IS shows there is no substantial evidence, in light of the whole record before the agency, that the proposed Project may have a significant effect on the environment, or b. The IS identified potentially significant effects, but:
1. Revisions in the project plans or proposals made by or agreed to by the applicant before the proposed ND and IS are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur is prepared, and
2. There is no substantial evidence, in light of the whole record before the agency, that the proposed Project as revised may have a significant effect on the environment.
1.2 Document Format
This IS/MND contains six chapters and three appendices. Chapter 1 Introduction, provides an overview of the proposed Project and the CEQA process. Chapter 2 Project Description, provides a detailed description of proposed Project components and objectives. Chapter 3 Impact Analysis, presents the CEQA checklist and environmental analysis for all impact areas, mandatory findings of significance, and feasible mitigation measures. If the proposed Project does not have the potential to significantly impact a given issue area, the relevant section provides a brief discussion of the reasons why no impacts are expected. If the proposed Project could have a potentially significant impact on a resource, the issue area discussion provides a description of Chapter 1: Introduction
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 1-2
potential impacts, and appropriate mitigation measures and/or permit requirements that would reduce those impacts to a less than significant level.
The CalEEMod Output Files are provided as technical Appendix A at the end of this document.
The analyses of environmental impacts in Chapter 3 Impact Analysis are separated into the following categories:
Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
Less than Significant with Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).
Less than Significant Impact. This category is identified when the proposed Project would result in impacts below the threshold of significance, and no mitigation measures are required.
No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g. the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
Chapter 2: Project Description
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2 Chapter 2 Project Description
2.1 Project Background and Objectives
2.1.1 Project Title
Carballo Apartments, General Plan Amendment, Rezone, and Site Plan Review No. 21-10
2.1.2 Lead Agency Name and Address
City of Mendota
643 Quince Street
Mendota, CA 93640
2.1.3 Contact Person and Phone Number
Lead Agency Contact
Jeffrey O’Neal, AICP
City Planner
559.655.3291
Project Applicant
JCC Transportation, Inc.
Julio Carballo
559.709.2662
2.1.4 Project Location
The Project site is located in central Mendota. Mendota is approximately 35 miles west of Fresno and eight miles south of Firebaugh in western Fresno County (see Figure 2-1). The Project site is located at 755 Marie Street which is located 200 feet southwest of the corner of 7th Street and Marie Street, approximately 0.21 miles northwest of the nearest entrance point of State Route 180. The Project is situated in Section 31, Township 13 South, Range 15 East, Mount Diablo Base & Meridian (see Figure 2-2). The property involved includes Assessor’s Parcel Number 013-106-15 (see Figure 2-3).
2.1.5 Latitude and Longitude
The approximate centroid of the Project area is 36° 45' 23.82" north, -120° 22' 38" west.
2.1.6 Project Details
JCC Transportation, Inc. proposes a General Plan Amendment to change the subject property’s land use designation from Medium-High Density Residential to High Density Residential, a rezone to amend the City’s official Zoning Map to change the subject property’s zoning designation from R-2 (Multiple Family Medium High Density Residential – 3,000 SF lot per dwelling unit) to R-3 (Multiple Family High Density Residential – 1,500 SF lot per dwelling unit), and a Site Plan Review to construct a 15-unit apartment complex on Assessor’s Parcel Number 013-106-15 located southwest of the intersection at 7th Street and Marie Street approximately Chapter 2: Project Description
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0.17 miles northwest of State Route 180 within the City of Mendota. The site will have access to Marie Street and the abutting alley.
Additional Project activities may include the following: dedications and/or acquisitions for public street rightsof-way and utility easements, construction of public facilities and infrastructure in accordance with the specifications and policies of the City of Mendota, and landscaping as required by City ordinance for residential developments.
2.1.6.1 Construction
Construction of the Project is anticipated to last approximately six months, beginning in late 2022 and ending mid-2023. Activities will include grading, site preparation, and construction of the apartment complex.
Equipment will likely include excavators, skid loaders, bulldozers, backhoes, trenchers, concrete mixers, and hand tools.
Generally, construction will occur between the hours of 7 am and 5 pm, Monday through Friday, excluding holidays. Staging areas will be located onsite.
Although construction is not expected to generate hazardous waste, field equipment used during construction has the potential to contain various hazardous materials such as diesel fuel, hydraulic oil, grease, solvents, adhesives, paints, and other petroleum-based products.
2.1.7 Land Uses and Zoning
The Project site is surrounded by residential to the north and east, vacant land to the southeast, and a trucking yard to the south and southwest. As mentioned above, the Project will include a general plan amendment, rezoning, and site plan review, as necessary. The table below details land uses, zoning, and proposed actions for the properties involved (also see Figure 3-3 and Figure 3-4).
Table 2-1. Subject Assessor Parcel Numbers
Assessor’s
Parcel
Number
Current Land Use
Designation
Proposed
Land Use
Designation
Current
Zoning
Designation
Proposed
Zoning
Designation
Project
Discretionary
Action
013-106-15 Medium-High Density
Residential
High Density
Residential
R-2
Medium/High
Density
Residential
R-3 High
Density Multiple
Family
Residential
General Plan
Amendment,
Rezone, Site Plan
Review
2.1.8 Other Public Agencies Whose Approval May Be Required • City of Mendota
• Mendota Unified School District
• Fresno County Fire Protection District
• State Water Resources Control Board (SWRCB)
• San Joaquin Valley Air Pollution Control District (SJVAPCD)
2.1.9 Consultation with California Native American Tribes Assembly Bill 52 (AB 52; codified at Public Resources Code Section 21080.3.1, et seq.) requires that a lead agency, within 14 days of determining that it will undertake a project, must notify in writing any California Chapter 2: Project Description
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Native American Tribe traditionally and culturally affiliated with the geographic area of the project if that Tribe has previously requested notification about projects in that geographic area. The notice must briefly describe the project and inquire whether the Tribe wishes to initiate request formal consultation. Tribes have 30 days from receipt of notification to request formal consultation. The lead agency then has 30 days to initiate the consultation, which then continues until the parties come to an agreement regarding necessary mitigation or agree that no mitigation is needed, or one or both parties determine that negotiation occurred in good faith, but no agreement will be made.
Pursuant to Senate Bill 18 (SB 18), Native American tribes traditionally and culturally affiliated with the project area were invited to consult regarding the project based on a list of contacts provided by the Native American Heritage Commission (NAHC).
On August 11, 2021, the City of Mendota (City) notified 20 tribes of the Project pursuant to AB 52 and SB 18.
No Tribe responded with a request for formal consultation on the Project within the required time period.
Chapter 3: Impact Analysis
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Figure 2-1. Vicinity Map
Chapter 3: Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 2-5
Figure 2-2. Topographic Quadrangle Map
Chapter 3: Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 2-6
Figure 2-3. Aerial of Project Site
Chapter 3: Impact Analysis
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Figure 2-4. Site Plan
Chapter 3: Impact Analysis
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Environmental Factors Potentially Affected
As indicated by the discussions of existing conditions and impact analyses that follow in Chapter 3 Impact Analysis, environmental factors not checked below would have no impact or less than significant impacts resulting from the project. Environmental factors that are checked below would have potentially significant impacts resulting from the project. Required regulations or mitigation measures would reduce the impact to less than significant.
Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of significance DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. _______________________________________ _____________________________ Signature Date
______________________________________
Printed Name/Position
Chapter 3 Impact Analysis
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3Chapter 3 Impact Analysis
3.1 Environmental Factors Potentially Affected
As indicated by the discussions of existing and baseline conditions, and impact analyses that follow in this Chapter, environmental factors not checked below would have no impacts or less than significant impacts resulting from the project. Environmental factors that are checked below would have potentially significant impacts resulting from the project. Mitigation measures are recommended for each of the potentially significant impacts that would reduce the impact to less than significant.
Aesthetics Agriculture & Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance The analyses of environmental impacts here in Chapter 3 Impact Analysis are separated into the following categories:
Potentially Significant Impact. This category is applicable if there is substantial evidence that an effect may be significant, and no feasible mitigation measures can be identified to reduce impacts to a less than significant level. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
Less than Significant with Mitigation Incorporated. This category applies where the incorporation of mitigation measures would reduce an effect from a “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measure(s), and briefly explain how they would reduce the effect to a less than significant level (mitigation measures from earlier analyses may be cross-referenced).
Less than Significant Impact. This category is identified when the proposed Project would result in impacts below the threshold of significance, and no mitigation measures are required.
No Impact. This category applies when a project would not create an impact in the specific environmental issue area. “No Impact” answers do not require a detailed explanation if they are adequately supported by the information sources cited by the lead agency, which show that the impact does not apply to the specific project (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis)
Chapter 3: Impact Analysis
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3.2 Aesthetics
Table 3-1. Aesthetics Impacts
Aesthetics
Except as provided in Public Resources Code Section
21099, would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
3.2.1 Environmental Setting
The Project is located in the northwestern part of Fresno County in the Central San Joaquin Valley. The Project site is in an urbanized area with residential uses to the north, west, and east and a truck yard across Marie Street to the south. The Project is adjacent to the eastern City limit of Mendota. In Fresno County, portions of State Routes (SR) 168 and 180 have been officially designated by the California Department of Transportation as State Scenic Highways. However, those sections are respectively approximately 38 and 54 miles east of the Project. Mendota is located approximately 40 miles west of the foothills of the Sierra Nevada Mountain Range and approximately 18 miles east of the foothills of the Coastal Mountain Range. The Coastal range can be seen on a clear day from the vantage point of the Project site. The Project site is previously developed and contains multiple structures, including a primary residence. The proposed Project is consistent with the aesthetics of the area.
3.2.2 Impact Assessment
a) Would the project have a substantial adverse effect on a scenic vista? Less than Significant Impact. The Project site is bordered by residential development to the north, west, and east, while a trucking yard is divided by Marie Street to the south. There is no viewshed of particular importance that would be impacted by the proposed Project. As the Project would be aesthetically consistent with its surroundings, impacts would be less than significant.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The Scenic Highway Program was created to preserve and protect scenic highway corridors from change which would diminish the aesthetic value of lands adjacent to highways. A highway may be officially designated “scenic” depending upon how much of the natural landscape can be seen by travelers, the scenic Chapter 3 Impact Analysis
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quality of the landscape, and the extent to which development intrudes upon the traveler’s enjoyment of the view.
As the closest segment of state scenic highway is located approximately 38 miles to the east of the Project, there would be no impact.
c) Would the project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. As part of the Project, the subject property’s land use designation would be amended to High Density Residential, and it would be rezoned to R-3 High Density Residential. The Project site would be zoned for high density residential use and a 15-unit apartment complex would be compatible with uses surrounding the Project site. The proposed 15-unit apartment complex would not conflict with applicable zoning or regulations governing scenic quality so there would be no impact. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant Impact. The proposed Project would include lighting in the area that is suitable for residential areas and it would be in accordance with City ordinances. All lights would be hooded and angled downwards. It is not expected that the Project would result in substantial glare. Impacts would be less than significant.
Chapter 3: Impact Analysis
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3.3 Agriculture and Forestry Resources
Table 3-2. Agriculture and Forestry Resources Impacts
Agriculture and Forestry Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section
51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of
forest land to non-forest use?
3.3.1 Environmental Setting
The Project is located in the California’s Central San Joaquin Valley in Fresno County and more specifically within the City of Mendota. Fresno County is located within California’s agricultural heartland. For crop year 2016–2017, the most recent year for which data is available, Fresno County ranked third in the State in estimated value of agricultural production at 7.04 billion dollars. 1 A wide range of commodities are grown in the county, with production primarily consisting of milk, poultry, livestock, and other animal commodities, row crops, nuts and fruit tree crops, and vegetables. Rich soil, irrigation water, a Mediterranean climate, and steady access to global markets make this possible.
The Project site is located in an urbanized area. The lot itself contains an existing residence. According to the California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP), the Project site is designated Urban and Built-Up Land.2
1 (United States Department of Agriculture National Agricultural Statistics Service, 2020) Accessed 20 September 2021 2 California Important Farmland Finder (FMMP). https://maps.conservation.ca.gov/DLRP/CIFF/. Accessed 20 September 2021.
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3.3.2 Impact Assessment
a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The Project is designated as Urban and Built-Up Land according to the FMMP. Therefore, the Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to nonagricultural use. There would be no impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Project site is and will be zoned for residential uses. The Project would not conflict with existing zoning for agricultural use or a Williamson Act contract. There would be no impact. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? c and d) No Impact. There are no forest lands or timberlands within the Project site or vicinity. The City’s General Plan and Zoning maps have designated the Project site for residential use. There would be no impact. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. As discussed above, the Project would not involve forest land or require the conversion of existing agricultural land. The Project site is previously developed and the Project would replace one residential use with another. There would be no impact.
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Figure 3-1. Farmland Designation Map
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3.4 Air Quality
Table 3-3. Air Quality Impacts
Air Quality
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control district
may be relied upon to make the following
determinations. Would the project:
Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors adversely affecting a substantial number of
people)?
3.4.1 Methodology
CalEEMod Output files (Appendix A) were prepared using CalEEmod, Version 2020.4.0 for the Project in September 2021. CalEEMod is an air quality analysis model used to analyze a project’s potential emission output due to a project’s construction and operational activities. The sections below detail the methodology of the air quality and greenhouse gas emissions analysis and its conclusions.
Emissions associated with the Project were calculated using CalEEmod, Version 2020.4.0. Construction emissions modeling includes emissions generated by demolition activities, off-road equipment, haul trucks, and worker commute trips. All assumptions were based on the default parameters contained in the model. Longterm operational emissions associated with the Project come mainly from vehicle trips to and from the residences. It is assumed that due to the multifamily nature of the Project, no fireplaces would be installed. In order to more accurately estimate the type of vehicle emissions that are likely to come from a residential neighborhood, the SJVAPCD Residential Fleet Mix Year 2025 was used in the modeling software. Modeling assumptions and output files are included in Appendix A.
3.4.1.1 Thresholds of Significance
To assist local jurisdictions in the evaluation of air quality impacts, the SJVAPCD has published the Guide for Assessing and Mitigating Air Quality Impacts. This guidance document includes recommended thresholds of significance to be used for the evaluation of short-term construction, long-term operational, odor, toxic air contaminant, and cumulative air quality impacts. Accordingly, the SJVAPCD-recommended thresholds of significance are used to determine whether implementation of the proposed Project would result in a significant air quality impact. Projects that exceed these recommended thresholds would be considered to have a potentially significant impact to human health and welfare. The thresholds of significance are summarized, as follows:
Short-Term Emissions of Particulate Matter (PM10): Construction impacts associated with the proposed Project would be considered significant if the feasible control measures for construction in compliance with Regulation Chapter 3 Impact Analysis
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VIII as listed in the SJVAPCD guidelines are not incorporated or implemented, or if project-generated emissions would exceed 15 tons per year (TPY).
Short-Term Emissions of Ozone Precursors (ROG and NOx): Construction impacts associated with the proposed Project would be considered significant if the project generates emissions of Reactive Organic Gases (ROG) or NOx that exceeds 10 TPY.
Long-Term Emissions of Particulate Matter (PM10): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of PM10 that exceed 15 TPY.
Long-Term Emissions of Ozone Precursors (ROG and NOx): Operational impacts associated with the proposed Project would be considered significant if the project generates emissions of ROG or NOx that exceeds 10 TPY.
Conflict with or Obstruct Implementation of Applicable Air Quality Plan: Due to the region’s nonattainment status for ozone, PM2.5, and PM10, if the project-generated emissions of either of the ozone precursor pollutants (i.e., ROG and NOx) or PM10 would exceed the SJVAPCD’s significance thresholds, then the project would be considered to conflict with the attainment plans. In addition, if the project would result in a change in land use and corresponding increases in vehicle miles traveled, the project may result in an increase in vehicle miles traveled that is unaccounted for in regional emissions inventories contained in regional air quality control plans.
Local Mobile-Source CO Concentrations: Local mobile source impacts associated with the proposed Project would be considered significant if the project contributes to CO concentrations at receptor locations in excess of the CAAQS (i.e. 9.0 ppm for 8 hours or 20 ppm for 1 hour).
Toxic Air Contaminants: Exposure to toxic air contaminants would be considered significant if the probability of contracting cancer for the Maximally Exposed Individual (i.e., maximum individual risk) would exceed 20 in 1 million or would result in a Hazard Index greater than 1.
Odors: Odor impacts associated with the proposed Project would be considered significant if the project has the potential to frequently expose members of the public to objectionable odors.
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Table 3-4. Summary of Ambient Air Quality Standards and Attainment Designation Summary of Ambient Air Quality Standards & Attainment Designation Pollutant Averaging
Time
California Standards* National Standards*
Concentration* Attainment
Status Primary Attainment Status
Ozone
(O3)
1-hour 0.09 ppm Nonattainment/
Severe –
No Federal
Standard
8-hour 0.070 ppm Nonattainment 0.075 ppm Nonattainment
(Extreme)**
Particulate Matter
(PM10)
AAM 20 μg/m3
Nonattainment
–
Attainment
24-hour 50 μg/m3 150 μg/m3
Fine Particulate
Matter (PM2.5)
AAM 12 μg/m3
Nonattainment
12 μg/m3
Nonattainment
24-hour No Standard 35 μg/m3
Carbon Monoxide
(CO)
1-hour 20 ppm
Attainment/
Unclassified
35 ppm
Attainment/
Unclassified
8-hour 9 ppm 9 ppm
8-hour
(Lake Tahoe) 6 ppm –
Nitrogen Dioxide
(NO2)
AAM 0.030 ppm
Attainment
53 ppb Attainment/
Unclassified 1-hour 0.18 ppm 100 ppb
Sulfur Dioxide
(SO2)
AAM –
Attainment
--
Attainment/
Unclassified
24-hour 0.04 ppm --
3-hour – 0.5 ppm
1-hour 0.25 ppm 75 ppb
Lead (Pb)
30-day Average 1.5 μg/m3
Attainment
–
No Designation/
Classification
Calendar Quarter –
--
Rolling 3-Month
Average – 0.15 μg/m3
Sulfates (SO4) 24-hour 25 μg/m3 Attainment
No Federal Standards
Hydrogen Sulfide
(H2S) 1-hour 0.03 ppm (42 μg/m3)
Unclassified
Vinyl Chloride
(C2H3Cl) 24-hour 0.01 ppm
(26 μg/m3)
Attainment
Visibility-Reducing
Particle Matter 8-hour
Extinction
coefficient: 0.23/kmvisibility of 10 miles
or more due to
particles when the
relative humidity is
less than 70%.
Unclassified
* For more information on standards visit: http//www.arb.ca.gov.research/aaqs/aaqs2.pdf ** No Federal 1-hour standard. Reclassified extreme nonattainment for the Federal 8-hour standard May 5, 2010. ***Secondary Standard
Source: CARB 2015; SJVAPCD 2020
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3.4.2 Environmental Setting
The Project lies within the eight-county San Joaquin Valley Air Basin (SJVAB), which is managed by the SJVAPCD. Air quality in the SJVAB is influenced by a variety of factors, including topography and local and regional meteorology. National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) have been established for the following criteria pollutants: carbon monoxide (CO), ozone (O3), sulfur dioxide (SO2), nitrogen dioxide (NO2), particulate matter (PM10 and PM2.5), and lead (Pb). The CAAQS also set standards for sulfates (SO4), hydrogen sulfide (H2S), vinyl chloride (C2H3Cl), and visibility.
Air quality plans or attainment plans are used to bring the applicable air basin into attainment with all State and Federal ambient air quality standards designed to protect the health and safety of residents within that air basin.
Areas are classified under the Federal Clean Air Act as either “attainment,” “nonattainment,” or “extreme nonattainment” areas for each criteria pollutant based on whether the NAAQS have been achieved or not.
Attainment relative to the State standards is determined by the California Air Resources Board (CARB). The San Joaquin Valley is designated as a State and Federal nonattainment area for O3, a State and Federal nonattainment area for PM2.5, a State nonattainment area for PM10, a Federal and State attainment area for CO, SO2, and NO2, and a State attainment area for sulfates, vinyl chloride, and Pb.3
3.4.3 Impact Assessment
a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. As noted in Impact Assessments III-b and III-c below, implementation of the Project would not result in short-term or long-term increases in emissions that would exceed applicable thresholds of significance. Projects that do not exceed the recommended thresholds would not be considered to conflict with or obstruct the implementation of applicable air quality plans. Therefore, impacts would be less than significant.
b) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Less than Significant Impact.
Short-Term Construction-Generated Emissions
Construction-generated emissions would be temporary and short in duration. Construction is assumed to take approximately six months. The construction of the Project would result in the temporary generation of emissions associated with site grading and building, motor vehicle exhaust associated with construction equipment and worker trips, as well as the movement of construction equipment on unpaved surfaces.
Estimated construction-generated emissions and operational emissions are summarized in Table 3-5 and Table 3-6, respectively.
3 (San Joaquin Valley Air Pollution Control District, 2006-2012). Accessed 21 September 2021.
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Table 3-5. Unmitigated Short-Term Construction-Generated Emissions of Criteria Air Pollutants Short-Term Construction-Generated Emissions of Criteria Air Pollutants Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5
Total 0.0995 0.4626 0.4494 0.0385 0.0274
SJVAPCD Significance Thresholds: 10 10 100 15 15
Exceed SJVAPCD Thresholds? No No No No No
1. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding.
Table 3-6. Unmitigated Long-Term Operational Emissions
Long-Term Operational Emissions of Criteria Air Pollutants Source
Annual Emissions (Tons/Year) (1)
ROG NOX CO PM10 PM2.5
Maximum Annual Project Emissions: 0.1105 0.0764 0.5305 0.1992 0.0333 SJVAPCD Significance Thresholds: 10 10 100 15 15
Exceed SJVAPCD Thresholds? No No No No No
1. Refer to Appendix A for modeling results and assumptions. Totals may not sum due to rounding.
Given that project-generated emissions would not exceed applicable SJVAPCD significance thresholds, construction-generated emissions of criteria pollutants would be considered less than significant.
Long-Term Operational Emissions
As illustrated in Table 3-6, long-term operational emissions associated with the Project would not exceed SJVAPCD thresholds of significance. Therefore, Project-related impacts to air quality would be considered less than significant.
c) Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive receptors are those who are sensitive to air pollution, including children, the elderly, and the infirm. The SJVAPCD considers a sensitive receptor a location that houses or attracts children, the elderly, people with illnesses, or others who are especially sensitive to the effects of air pollutants. Examples of sensitive receptors include hospitals, residences, convalescent facilities, and schools.
The closest existing off-site sensitive receptors are single-family homes located on adjacent properties. As a residential land use development project, proposed residences included as part of the Project would also be considered sensitive receptors once occupied.
As demonstrated in Table 3-5, and Table 3-6, the Project would not exceed the SJVAPCD’s thresholds established in accordance with health-based standard for determining significance of criteria pollutant emissions. Furthermore, given the short-term nature of the construction of the Project, exposure to toxic air contaminants would be minimal. Therefore, in accordance with these standards, the Project would have a less than significant impact related to exposure of sensitive receptors to substantial pollutant concentrations. d) Would the project result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Less than Significant Impact. Implementation of the Project would not result in long-term emissions of odors. However, construction would involve the use of a variety of gasoline- or diesel-powered equipment that Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-12
would emit exhaust fumes. Exhaust fumes, particularly diesel exhaust, may be considered objectionable by some people. Construction activities would be short-term and intermittent in nature, spanning approximately six months. Impacts would be less than significant.
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3.5 Biological Resources
Table 3-7. Biological Resources Impacts
Biological Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S.
Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
3.5.1 Environmental Setting
The Project is located in Fresno County within the lower San Joaquin Valley, part of the Great Valley of California. The Valley is bordered by the Sierra Nevada Mountain Ranges to the east, the Coast Ranges to the west, the Klamath Mountains and Cascade Range to the north, and the Transverse Ranges and Mojave Desert to the south.
Like most of California, the San Joaquin Valley experiences a Mediterranean climate. Warm, dry summers are followed by cool, moist winters. Summer temperatures often reach above 90 degrees Fahrenheit, and the humidity is generally low. Winter temperatures are often below 60 degrees Fahrenheit during the day and rarely exceed 70 degrees. On average, the Central Valley receives approximately 12 inches of precipitation in the form of rainfall yearly, most of which occurs between October and March.
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The Project is located within the Mowry Lake-Fresno Slough watershed; Hydrologic Unit Code (HUC):
1803000910034, approximately 2 miles southwest of the Mendota Pool at the confluence of the San Joaquin River and the Fresno Slough. and 7.5 miles east of Panoche Creek. The San Joaquin River, Fresno Slough, and Mendota Pool have been leveed and much of the surrounding land is now intensively cultivated for agricultural production. Historically, the Mendota area supported large areas of riparian wetlands and important waterfowl habitat. Due to alteration of the aquatic features in the vicinity and the conversion of natural habitat to agricultural lands, the riparian habitat is now limited to the margins of these waterways and to undisturbed areas within ecological reserves, managed wildlife areas, and national wildlife refuges.
There are several managed reserves and wildlife areas in the vicinity of Mendota, most of which are dedicated to the preservation of native habitat for waterfowl and special status species. The California Department of Fish and Wildlife (CDFW)-managed Mendota Wildlife Area lies approximately three miles southeast of the Project and encompasses 11,825 acres of wetland and upland habitats including a portion of the Fresno Slough.
The Alkali Sink Ecological Reserve and the Kerman Ecological Reserve are located east-southeast of the Project, at a distance of approximately 6 miles and 10 miles, respectively. Little Panoche Reservoir Wildlife Area and the Panoche Hills Ecological Reserve are located west of Interstate 5, approximately 20 miles west of the Project.
3.5.2 Soils
One soil mapping unit representing one soil type was identified within the Project area; Calflax clay loam, salinesodic, wet, 0 to 1 percent slopes, within the Major Land Resource Area of California 17 map. None of the minor soil mapping units was identified as hydric. Hydric soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions such that under sufficiently wet conditions, hydrophytic vegetation can be supported.
The Calflax soil series consists of very deep, moderately well drained soils formed in alluvium derived from calcareous sedimentary rock. These soils have low runoff and moderately slow permeability. Calflax soils are used for cultivation in most areas. Native vegetation growing in these soils consist of annual grasses, forbs, and saltbrush.
3.5.3 Methodology
The Area of Potential Effect (APE) consists of the entire project boundary and the nearby surrounding lands.
A qualified biologist conducted an analysis of potential Project-related impacts to biological resources based on the resources known to exist or with potential to exist within the Project site and surrounding areas. Sources of information used in preparation of this analysis included: CDFW, California Natural Diversity Database (CNDDB); the United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) system; the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Vascular Plants of California; CalFlora’s online database of California native plants; the Jepson Herbarium online database; USFWS Environmental Conservation Online System; the NatureServe Explorer online database; the United States Department of Agriculture Natural Resources Conservation Service (NRCS) Plants Database; the CDFW California Wildlife Habitat Relationships database; the California Herps online database; and various manuals, reports, and references related to plants and animals of the San Joaquin Valley region.
A thorough search of the CNDDB for published accounts of special status plant and animal species was conducted for the Firebaugh 7.5-minute quadrangle that contain the APE in its entirety, and for the eight surrounding quadrangles: Oxalis, Poso Farm, Firebaugh NE, Broadview Farms, Mendota Dam, Chaney Ranch, Tranquillity, and Coit Ranch. A species list was also obtained using the USFWS IPaC system for federally listed species with potential to be affected by the proposed Project. These species, and their potential to occur within the proposed Project area are listed in Table 3-8 and Table 3-9. 4 (United States Environmental Protection Agency, n.d.) Accessed September 2021.
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Table 3-8. List of Special Status Animals with Potential to Occur Onsite and/or in the Vicinity.
Species Status Habitat Occurrence on Project Site
American badger
(Taxidea taxus)
CSC
Grasslands, savannas, and mountain
meadows near timberline are
preferred. Most abundant in drier
open spaces of shrub and grassland.
Burrows in soil.
Absent. Suitable habitat for this species
appears to be absent from the APE.
Activities within the surrounding ruderal,
urban, and agricultural areas would likely
deter this species from passing through
the site. The nearest regional recorded
observation of this species occurred in
the Alkali Sink Ecological Reserve,
approximately 5 miles southeast of the
site. It is unlikely that any individual
would inhabitant the suboptimal habitats
near the APE when high quality habitat
exists in the immediate region.
Bank swallow (Riparia
riparia)
CT
These aerial insectivores nest
colonially in burrows constructed
along vertical banks and bluffs near
waterbodies. This disturbance
tolerant species is also known to nest
in man-made sites, such as quarries,
mounds of gravel or dirt, and road
cuts.
Unlikely. Suitable habitat appear to be
absent from the Project APE and
surrounding lands. At most, an
individual could pass through the site as
a transient or during migration.
Blunt-nosed leopard
lizard (Gambelia sila)
FE,
CE,
CFP
Inhabits semi-arid grasslands, alkali
flats, low foothills, canyon floors,
large washes, and arroyos, usually on
sandy, gravelly, or loamy substrate,
sometimes on hardpan. Often found
where there are abundant rodent
burrows in dense vegetation or tall
grass. Cannot survive on lands under
cultivation. Known to bask on
kangaroo rat mounds and often
seeks shelter at the base of shrubs, in
small mammal burrows, or in rock
piles. Adults may excavate shallow
burrows, but rely on deeper preexisting rodent burrows for hibernation and reproduction.
Absent. The disturbed habitats and clay
soils onsite are unsuitable for this
species.
Burrowing owl
(Athene cunicularia)
CSC
Resides in open, dry annual or
perennial grasslands, deserts, and
scrublands with low
growing vegetation. Nests
underground in existing burrows
created by burrowing mammals,
most often ground squirrels.
Unlikely. The ruderal habitats of the
APE appear unsuitable for this species.
Proximity to development, large trees
and raptor perches would likely deter this
species. The nearest observation of this
species was recorded in 1987
approximately 3.5 miles southeast of the
Project area. The population at this site
was surveyed again in 1989 and found to
be in decline.
California red-legged
frog (Rana draytonii)
FT
Inhabits perennial rivers, creeks, and
stock ponds with vegetative cover
within the Coast Range and northern
Sierra foothills.
Absent. The Project area does not
provide suitable habitat for this species
and is outside of its current known
range.
Coast horned lizard
(Phrynosoma
blainvillii)
CSC
Found in grasslands, coniferous
forests, woodlands, and chaparral,
primarily in open areas with patches
of loose, sandy soil and low-lying
Absent. The highly disturbed habitats of
the APE are unsuitable for this species.
There are recorded observations of this
species within the Alkali Sink Ecological
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Species Status Habitat Occurrence on Project Site
vegetation in valleys, foothills, and
semi-arid mountains. Frequently
found near ant hills and along dirt
roads in lowlands along sandy
washes with scattered shrubs.
Reserve, approximately 5 miles southeast
of the Project.
Crotch bumblebee
(Bombus crotchii)
CCE
Occurs throughout coastal
California, as well as east to the
Sierra-Cascade crest, and south into
Mexico. Food plant genera include
Antirrhinum, Phacelia, Clarkia,
Dendromecon, Eschscholzia, and
Eriogonum.
Absent. Suitable forage for this species
appears to be absent from the ruderal
APE. The only regional recorded
observations of this species are from
collections over 65 years old.
Delta smelt
(Hypomesus
transpacificus)
FT,
CE
This pelagic and euryhaline species is
Endemic to the Sacramento-San
Joaquin River Delta, upstream
through Contra Costa, Sacramento,
San Joaquin, and Solano Counties.
Absent. Suitable perennial aquatic
habitat for this species is absent from the
APE and surrounding lands.
Fresno kangaroo rat
(Dipodomys
nitratoides exilis)
FE,
CE
An inhabitant of alkali sink open
grassland environments in western
Fresno County. Prefers bare,
alkaline, clay-based soils subject to
seasonal inundation with more
friable soil mounds around shrubs
and grasses.
Absent. The highly disturbed habitats of
the APE and surrounding lands are
unsuitable for this species. There is a
recorded observation of this species
within the Alkali Sink Ecological Reserve
in 1992, approximately 4.5 miles
southeast of the Project. The status of
this observation has since been updated
to “possibly extirpated,” which means
the species has been searched for but
unobserved for many years.
Giant gartersnake
(Thamnophis gigas)
FT,
CT
Occurs in marshes, sloughs, drainage
canals, irrigation ditches, rice fields,
and adjacent uplands. Prefers
locations with emergent vegetation
for cover and open areas for basking.
This species uses small mammal
burrows adjacent to aquatic habitats
for hibernation in the winter and to
escape from excessive heat in the
summer.
Absent. Habitats required by this species
are absent from the proposed APE and
surrounding lands. All nearby recorded
observations of this species are in the
vicinity of large freshwater bodies.
Giant kangaroo rat
(Dipodomys ingens)
FE,
CE
Inhabits annual grassland
communities with few or no shrubs
and well-drained, sandy-loam soils
on gentle slopes.
Absent. The highly disturbed habitats of
the APE and surrounding lands are
unsuitable for this species. The only
regional recorded observation of this
species occurred in 1987 approximately
16 miles southwest of the APE. The
status of this observation has since been
updated to “possibly extirpated,” which
means the species has been searched for
but unobserved for many years.
Longhorn fairy shrimp
(Branchinecta
longiantenna)
FE Inhabits clear to turbid vernal pools
or seasonally ponded areas.
Unlikely. Traditional vernal pools are
absent. Although the clay soils onsite are
conducive to seasonal pooling, frequent
disturbance makes the site unsuitable for
this species.
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Species Status Habitat Occurrence on Project Site
Merlin (Falco
columbarius) CWL
Found throughout North America in
habitats ranging from tidal estuaries
to open woodlands and valley
grasslands. Generally roosts in
clumps of trees or windbreaks.
Possible. While breeding habitat is
absent from the APE, suitable nest trees
are likely abundant near the San Joaquin
River and Mendota Pool. The only
regional recorded observation of this
species occurred less than a mile from
the APE in 2007.
Mountain Plover
(Charadrius
montanus)
CSC
Breeds on open plains at moderate
elevations. Winters in short-grass
plains and fields, plowed or fallow
fields, and sandy deserts. Prefers flat,
bare ground with burrowing rodents.
Unlikely. The three regional recorded
observations of this species all occurred
during winter within fallow fields. The
ruderal habitats on site and in the
surrounding area do not present suitable
breeding or wintering habitat for this
species.
Nelson’s antelope
squirrel
(Ammospermophilus
nelsoni)
CT
Found in the western San Joaquin
Valley on dry, sparsely vegetated
loamy soils. Relies heavily on existing
small mammal burrows.
Absent. The disturbed habitats and clay
soils onsite are unsuitable for this
species.
Northern California
legless lizard (Anniella
pulchra)
CSC
Found primarily underground,
burrowing in loose, sandy soil.
Forages in loose soil and leaf litter
during the day. Occasionally
observed on the surface at dusk and
night.
Unlikely. The highly disturbed habitats
and clay soils of the APE are unsuitable
for this species. The only regional.
Recorded observation of this species
occurred in riparian habitat along the San
Joaquin River approximately 5 miles east
of the site.
San Joaquin
coachwhip
(Masticophis
flagellum ruddocki)
CSC
Found in open dry habitats with little
or no tree cover in valley grassland
and saltbush scrub communities in
the San Joaquin Valley. Relies on
mammal burrows for refuge and
oviposition sites.
Absent. The disturbed habitats of the
site do not provide suitable habitat for
this species. The only regional recorded
observation of this species occurred
within the Alkali Sink Ecological Reserve
in 2004, approximately 4.5 miles
southeast of the Project.
San Joaquin kit fox
(Vulpes macrotis
mutica)
FE,
CT
Underground dens with multiple
entrances in alkali sink, valley
grassland, and woodland in valleys
and adjacent foothills.
Unlikely. The APE is located
approximately 20 miles east of the
nearest known core population in
Ciervo-Panoche Natural Area. Although
some populations of San Joaquin Kit
Fox in other parts of California have
adapted to an urbanized environment,
modern kit fox occurrences are locally
scarce. At most, this species could
conceivably pass through the Project
area during dispersal movements,
although that would be unlikely
considering the Project is separated from
the Ciervo-Panoche core population by
Interstate 5 and miles of land intensively
disturbed by agricultural practices.
Steelhead – Central
Valley DPS
(Oncorhynchus
mykiss irideus pop.11)
FT
This winter-fun fish begins migration
to fresh water during peak flows
during December and February.
Spawning season is typically from
February to April. After hatching, fry
move to deeper, mid-channel
habitats in late summer and fall. In
general, both juveniles and adults
prefer complex habitat boulders,
Absent. Suitable perennial aquatic
habitat for this species is absent from the
Project area and surrounding lands.
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Species Status Habitat Occurrence on Project Site
submerged clay and undercut banks,
and large woody debris.
Swainson’s Hawk
(Buteo swainsoni)
CT
Nests in large trees in open areas
adjacent to grasslands, grain or alfalfa
fields, or livestock pastures suitable
for supporting rodent populations.
Possible. There are numerous regional
recorded observations of this. Nesting
habitat appears to be absent from the
APE. Although the constant disturbance
and presence of humans would likely
discourage nesting near the site, it is
feasible that the areas around the APE
could be used for foraging.
Tricolored Blackbird
(Agelaius tricolor)
CCE,
CSC
Nests colonially near fresh water in
dense cattails or tules, or in thickets
of riparian shrubs. Forages in
grassland and cropland. Large
colonies are often found on dairy
farm forage fields.
Unlikely. Suitable nesting habitat is
absent from the APE and surrounding
lands. The nearest known occurrence of
this species was recorded approximately
3.5 miles southeast of the Project area in
1994.
Tulare grasshopper
mouse (Onychomys
torridus tularensis)
CSC
Typically inhabit arid shrubland
communities in hot, arid grassland
and shrubland associations. Diet
consists almost exclusively of
arthropods.
Absent. The only recorded observation
of this species in the vicinity of the APE
is a historic collection from Panoche
Creek in 1918.
Two-striped
gartersnake
(Thamnophis
hammondii)
CSC
Highly aquatic, found in or near
permanent fresh water. Often along
streams with rocky beds and riparian
growth.
Absent. Habitats required by this species
are absent from the site and surrounding
lands. Thew only regional recorded
observation of this species occurred
appropriately 30 years ago adjacent to
the San Joaquin River.
Vernal pool fairy
shrimp (Branchinecta
lynchi)
FT
Occupies vernal pools, clear to teacolored water, in grass or mudbottomed swales, and basalt depression pools.
Unlikely. Traditional vernal pools
appear to be absent. Although the clay
soils onsite are conducive to seasonal
pooling, frequent disturbance makes the
site unsuitable for this species.
Western mastiff bat
(Eumops perotis
californicus)
CSC
Found in open, arid to semi-arid
habitats, including dry desert washes,
flood plains, chaparral, oak
woodland, open ponderosa pine
forest, grassland, and agricultural
areas, where it feeds on insects in
flight. Roosts most commonly in
crevices in cliff faces, but may also
use high buildings and tunnels.
Unlikely. Breeding and foraging habitats
for this species appear to be absent from
the APE. The nearest regional
observation of this species occurred in
1911. The only other regional recorded
observation occurred within the
Mendota Wildlife Refuge.
Western pond turtle
(Emys marmorata)
CSC
An aquatic turtle of ponds, marshes,
slow-moving rivers, streams, and
irrigation ditches with riparian
vegetation. Requires adequate
basking sites and sandy banks or
grassy open fields to deposit eggs.
Absent. This species is known to occur
in parts of the San Joaquin River, Fresno
Slough, and Mendota Pool; however, the
highly disturbed habitats of the APE and
surrounding lands are. Major roads and
urban development separate Mendota’s
suitable aquatic features from the site.
Western red bat
(Lasiurus blossevillii)
CSC
Roosts primarily in trees, 2-40 ft
above ground, from sea level up
through mixed conifer forests.
Prefers habitat edges and mosaics
with trees that are protected from
above and open below with open
areas for foraging.
Unlikely. Breeding and foraging habitats
for this species appear to be absent from
the APE. The only two regional recorded
observations of this species occurred in
riparian and grassland habitats near the
San Joaquin River.
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Species Status Habitat Occurrence on Project Site
Western spadefoot
(Spea hammondii)
CSC
Prefers open areas with sandy or
gravelly soils, in a variety of habitats
including mixed woodlands,
grasslands, coastal sage scrub,
chaparral, sandy washes, lowlands,
river floodplains, alluvial fans, playas,
alkali flats, foothills, and mountains.
Vernal pools or temporary wetlands,
lasting a minimum of three weeks,
which do not contain bullfrogs, fish,
or crayfish are necessary for
breeding.
Unlikely. The highly disturbed habitats
of the proposed APE and surrounding
lands are unsuitable for this species.
Furthermore, the site and surrounding
lands do not appear to contain typical
vernal pools or wetlands which are
required for suitable breeding habitat. All
occurrences in the vicinity have been
reported within vernal pool in alkali sink
and within undisturbed lands of
ecological reserves.
Western Yellow-billed
Cuckoo (Coccyzus
americanus
occidentalis)
FT,
CE
Suitable nesting habitat in California
includes dense riparian willowcottonwood and mesquite habitats along a perennial river. Once a
common breeding species in riparian
habitats of lowland California, this
species currently breeds consistently
in only two locations in the State:
along the Sacramento and South
Fork Kern Rivers.
Absent. Suitable nesting habitat for this
species appears to be absent from the
proposed APE and surrounding lands.
The only regional recorded observation
of this species was recorded near the
Mendota Pool, along the San Joaquin
River, approximately 1 miles northeast of
the site in 1950. The status of this
observation has since been updated to
“possibly extirpated” .
White Faced Ibis
(Plegadis chihi)
CWL
Found in shallow freshwater
marshes, using tule thickets for
nesting and nearby areas of shallow
water for foraging.
Absent. Suitable habitat for this species
appears to be absent from the proposed
APE and surrounding lands. The only
regional recorded observation of this
species occurred in the Mendota Wildlife
Management area, 5.5 miles southeast of
the site.
Yellow-headed
Blackbird
(Xanthocephalus
xanthocephalus)
CSC
Nests in freshwater emergent
wetlands with dense vegetation and
deep water. Often along borders of
lakes or ponds.
Absent. Suitable habitat appears to be
absent from the proposed APE and
surrounding area. The only regional
recorded observation of this species
occurred in 1919 at an unspecified
location near the City of Los Banos.
Table 3-9. List of Special Status Plants with Potential to Occur Onsite and/or in the Vicinity.
Species Status Habitat Occurrence on Project Site
Alkali-sink goldfields
(Lasthenia
chrysantha)
CNPS
1B
Found in vernal pool and wet saline
flat habitats. Occurrences
documented in the San Joaquin and
Sacramento Valleys at elevations
below 656 feet. Blooms February -
April.
Absent. Vernal pool habitat is absent
from the APE. All regional recorded
observations have occurred within the
Alkali Sink Ecological Reserve.
Brittlescale
(Atriplex depressa)
CNPS
1B
Found in the San Joaquin Valley and
Sacramento Valley in alkali or clay
soils in shadescale scrub, valley
grassland, alkali sink, and riparian
communities at elevations below
1050 feet. Equally likely to occur in
wetlands and non-wetlands. Blooms
June – October.
Absent. The disturbed habitats of the
APE are unsuitable for this species. The
nearest observation of this species was
recorded approximately 4.5 miles east of
the site in 2008.
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Species Status Habitat Occurrence on Project Site
California alkali grass
(Puccinellia simplex)
CNPS
1B
Found in the San Joaquin Valley and
other parts of California in saline
flats and mineral springs within valley
grassland and wetland-riparian
communities at elevations below
3000 feet. Blooms March – May.
Absent. Suitable habitat required by this
species is absent from the APE and
surrounding lands. The nearest known
occurrence of this species was recorded
approximately 12 miles northeast of the
Project area in 2011.
Heartscale (Atriplex
cordulata var.
cordulata)
CNPS
1B
Found in the San Joaquin Valley and
Sacramento Valley in alkaline flats
and sandy soils in chenopod scrub,
valley and foothill grassland,
meadows and seeps at elevations up
to 900 feet. Blooms June – July.
Absent. The disturbed habitats of the
APE are unsuitable for this species. The
nearest observation of this species
occurred within Mendota Wildlife Area,
approximately 2.5 miles southeast of the
Project site in 1996.
Lesser saltscale
(Atriplex minuscula)
CNPS
1B
Found in the San Joaquin Valley in
playas; sandy, alkaline soils in
shadescale scrub, valley grassland,
and alkali sink communities at
elevations below 300 feet. Blooms
April – October.
Absent. The disturbed habitats of the
APE are unsuitable for this species. The
nearest observation of this species
occurred within Alkali Sink Ecological
Reserve, approximately 4.5 miles
southeast of the Project site in 2009.
Lost Hills crownscale
(Atriplex coronata var.
vallicola)
CNPS
1B
Found in the San Joaquin Valley in
chenopod scrub, valley and foothill
grassland, and vernal pools at
elevations below 1400 feet. Typically
found in dried ponds on alkaline
soils. Blooms April – September.
Absent. The disturbed habitats of the
APE are unsuitable for this species. There
are two recorded observations of this
species in the vicinity of the Project. One
occurrence is a historic collection (1937)
from an unknown location in the vicinity
of Mendota. The most recent occurrence
is from 2008 near Alkali Sink Ecological
Reserve, approximately 5 miles east of the
Project area.
Munz’s tidy-tips
(Layia munzii)
CNPS
1B
Found in the San Joaquin Valley in
alkali clay soils at elevations between
160 feet and 2625 feet in shadescale
scrub, valley grassland, and riparian
communities. Occurs predominantly
in wetlands, but occasionally found
in non-wetlands. Blooms March –
April.
Absent. The disturbed habitats of the
APE are unsuitable for this species. The
only recent observation of this species
was recorded in 2008 near Alkali Sink
Ecological Reserve, approximately 5 miles
east of the Project.
Palmate-bracted bird’s
beak
(Chloropyron
palmatum)
FE,
CE,
CNPS
1B
Found in the San Joaquin Valley and
Sacramento Valley in alkaline soils
(usually Pescadero silty clay) in
chenopod scrub, valley and foothill
grassland at elevations below 500
feet. Blooms June – August.
Absent. The disturbed habitats of the
APE are unsuitable for this species. The
only recent observation of this species
was recorded in 2017 in Alkali Sink
Ecological Reserve, approximately 5 miles
east of the Project.
Panoche pepper-grass
(Lepidium jaredii ssp.
album)
CNPS
1B
Found on steep slopes, washes,
alluvial-fans, and clay, sometimes
alkaline, within Valley and Foothill
Grassland communities in western
Fresno County at elevations between
600 feet and 2400 feet. Blooms
February – June.
Absent. Suitable habitat required by this
species is absent from the APE and
surrounding lands. The Project area is
also outside of the elevational range of
this species. The only recorded
observation of this species in the vicinity
has been reportedly extirpated by gravel
extraction activities.
Recurved larkspur
(Delphinium
recurvatum)
CNPS
1B
Found in the San Joaquin Valley and
other parts of California. Occurs in
poorly drained, fine, alkaline soils in
grassland at elevations between 100
feet and 1965 feet. Most often found
Absent. The disturbed habitats of the
proposed APE are unsuitable for this
species. The nearest observation of this
species corresponds to a historic (1903)
collection mapped to the general area
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Species Status Habitat Occurrence on Project Site
in non-wetlands, but occasionally
found in wetlands. Blooms March –
June.
northeast of Mendota, exact location
unknown.
San Joaquin
woollythreads
(Monolopia
congdonii)
FE,
CNPS
1B
Occurs in the San Joaquin Valley in
sandy soils in shadescale shrub and
grasslands at elevations between 300
feet and 2300 feet. Found primarily
in non-wetlands, but occasionally
found in wetlands. Blooms February
– May.
Absent. The disturbed habitats of the
proposed APE are unsuitable for this
species. The nearest observation of this
species corresponds to a historic (1935)
collection approximately 5 miles south of
the site The status of this observation has
been updated to “possibly extirpated” due
conversion of native habitat to irrigated
agriculture.
Sanford’s arrowhead
(Sagittaria sanfordii)
CNPS
1B
Found in the San Joaquin Valley and
other parts of California in
freshwater-marsh, primarily ponds
and ditches, at elevations below 1000
feet. Blooms May – October.
Absent. Habitats required by this species
are absent from the APE. The nearest
observation of this species corresponds
to a historic (1948) collection 1.5 miles
northeast of the site in the vicinity of
Mendota pool. This site was surveyed in
1980 and no observations of this species
were made.
Subtle orache
(Atriplex subtilis)
CNPS
1B
Found in the San Joaquin Valley in
saline depressions at elevations
below 230 feet. Blooms June –
October.
Absent. The disturbed habitats of the
proposed APE are unsuitable for this
species. The nearest observation was
recorded in 2009, 9.5 miles northeast of
the site.
EXPLANATION OF OCCURRENCE DESIGNATIONS AND STATUS CODES
Present: Species observed on the site at time of field surveys or during recent past.
Likely: Species not observed on the site, but it may reasonably be expected to occur there on a regular basis.
Possible: Species not observed on the site, but it could occur there from time to time.
Unlikely: Species not observed on the site, and would not be expected to occur there except, perhaps, as a transient.
Absent: Species not observed on the site, and precluded from occurring there due to absence of suitable habitat.
STATUS CODES
FE Federally Endangered CE California Endangered
FT Federally Threatened CT California Threatened
FPE Federally Endangered (Proposed) CCT California Threatened (Candidate) FPT Federally Threatened (Proposed) CFP California Fully Protected FC Federal Candidate CSC California Species of Special Concern CWL California Watch List
CCE California Endangered (Candidate)
CR California Rare
CNPS LISTING
1A Plants Presumed Extinct in California. 2 Plants Rare, Threatened, or Endangered in 1B Plants Rare, Threatened, or Endangered in California, but more common elsewhere.
California and elsewhere.
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3.5.4 Impact Assessment
a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Less than Significant Impact. The Project site is a previously developed parcel within a residential neighborhood, containing one single family residence with two other buildings existing on the site. The site is located in a substantially urbanized area that is accustomed to relatively high levels of vehicular and pedestrian traffic. The landscaped areas of the subject parcel contain some shrubs, as well as a tree within the front yard of the property. While species could use these vegetative areas for habitat, this is a highly disturbed area within the City of Mendota, making it unlikely. As a result, impacts would be less than significant. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Would the project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact. The Project site does not contain aquatic features. Implementation of the Project should have no impact on jurisdictional waters, wetlands, navigable waters, wild and scenic rivers, or other water features, and riparian habitat. Furthermore, the Project would not impact any bodies of water and would not require compliance with the Fish and Wildlife Coordination Act. Therefore, there would be no impact. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact. The Project area does not contain features that would be likely to function as a wildlife movement corridor. Furthermore, the Project is located in an urbanized area which experiences high volumes of vehicle and pedestrian traffic which would discourage dispersal and migration. Therefore, implementation of the Project would have no impact on wildlife movement corridors, and any impacts would be less than significant.
e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
No Impact. The Project would not conflict with any applicable local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Therefore, there would be no impact. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The Project site is not within a designated Habitat Conservation Plan, Natural Conservation Plan, or any other State or local habitat conservation plan. The Project would not conflict with any other applicable plan or policy regulating conservation within the area. Therefore, there would be no impact.
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3.6 Cultural Resources
Table 3-10. Cultural Resources Impacts
Cultural Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
3.6.1 Environmental Setting
The Project is located in Fresno County within the San Joaquin Valley, which is an archaeologically and historically rich area. The Project site is located in an urbanized setting on land that has been previously developed. Previous development on the Project site and the surrounding land have already caused land disturbing activities related to construction in the past.
3.6.2 Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant Impact. The Project is located in a previously disturbed environment due to the existing development that is located onsite. The Project site currently has multiple structures located on it. Due to the Project site having been previously disturbed, it is unlikely that the Project would cause a substantial adverse change in the significance of a historical or archaeological resource.
In accordance with Public Resources Code Section 21080.3.1 (Assembly Bill 52) and /or Government Code Section 65352.3 (Senate Bill 18), on August 11, 2021, the following tribes were notified of the Project:
1. Big Sandy Rancheria of Western Mono Indians, Elizabeth D. Kipp, Chairperson
2. Chicken Ranch Rancheira of Me-Wuk Indians, Lloyd Mathiesen, Chairperson
3. Cold Springs Rancheria, Carol Bill, Chairperson
4. Dumna Wo-Wah Tribal Government, Robert Ledger Sr., Chairperson
5. Dunlap Band of Mono Indians, Benjamin Charley Jr., Tribal Chair
6. Dunlap Band of Mono Indians, Dick Charley, Tribal Secretary
7. Kings River Choinumni Farm Tribe, Stan Alec
8. Nashville Enterprise Miwok-Maidu-Nishinam Tribe, Cosme A. Valdez, Chairperson
9. North Fork Mono Tribe, Ron Goode, Chairperson
10. North Valley Yokuts Tribe, Katherine Erolinda Perez, Chairperson Chapter 3 Impact Analysis
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11. North Valley Yokuts Tribe, Timothy Perez, MLD Contact
12. Picayune Rancheria of Chuckchansi Indians, Claudia Gonzales, Chairwoman
13. Santa Rosa Rancheria Tachi Yokut Tribe, Leo Sisco, Chairperson
14. Table Mountain Rancheria, Leanne Walker-Grant, Chairperson
15. Table Mountain Rancheria, Bob Pennell, Cultural Resources Director
16. Traditional Choinumni Tribe, David Alvarez, Chairperson
17. Traditional Choinumni Tribe, Rick Osborne, Cultural Resources
18. Tule River Indian Tribe, Neil Peyron, Chairperson
19. Wuksache Indian Tribe/Eshom Valley Band, Kenneth Woodrow, Chairperson
20. Xolon-Salinan Tribe, Karen White, Chairperson
No written responses were received. In the unlikely event that an archaeological resource is uncovered during the construction of this Project, all construction activities would cease, and a qualified archaeologist would be contacted to assess the uncovered resource. The Project would follow all of the applicable federal, State, and local requirements set for archaeologic resource recovery. Any impacts would be considered less than significant.
c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
Less than Significant Impact. Impact. Although no formal cemeteries or other places of human internment are anticipated to exist on the Project site due to its existing disturbed status, in accordance with Health and Safety Code Section 7050.5 and Public Resource Code Section 5097.98, if human remains are uncovered, construction activities would cease, and the Fresno County Coroner would be contacted. The Project would adhere to all applicable federal, State, and local requirements regarding the discovery of human remains due to Project activities. Any impacts would considered be less than significant.
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3.7 Energy
Table 3-11. Energy Impacts
Energy
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
3.7.1 Environmental Setting
Pacific Gas and Electric (PG&E) supplies electricity and natural gas to the Project area. PG&E obtains its power through hydroelectric, thermal (natural gas), wind, and solar generation of purchases. PG&E continually produces new electric generation and natural gas sources and implements continuous improvements to gas lines throughout its service areas to ensure the provision of services to residents. New construction would be subject to Titles 20 and 24 of the California Code of Regulations which each serve to reduce demand for electrical energy by implementing energy-efficient standards for residential, as well as non-residential buildings.
3.7.2 Impact Assessment
a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. As discussed in Section 3.4, the Project would not exceed any air emission thresholds during construction or operation. The Project would be required to comply with Building Energy Efficiency of the California Building Code (Title 24); therefore, the Project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during Project construction or operation. Any potential impacts would be considered less than significant. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
No Impact. The Project would comply with state and local requirements regarding renewable energy and energy efficiency. There would be no impact.
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3.8 Geology and Soils
Table 3-12. Geology and Soils Impacts
Geology and Soils
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special Publication
42. ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1- B of the most recently adopted Uniform Building Code
creating substantial direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
3.8.1 Environmental Setting
3.8.1.1 Geology and Soils
The Project is located in the City of Mendota in northwestern Fresno County, in the central section of California’s Great Valley Geomorphic Province, or Central Valley. The Sacramento Valley makes up the northern third and the San Joaquin Valley makes up the southern two-thirds of the geomorphic province. Both valleys are watered by large rivers flowing west from the Sierra Nevada Range, with smaller tributaries flowing Chapter 3 Impact Analysis
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east from the Coast Ranges. Most of the surface of the Great Valley is covered by Quaternary (present day to
1.6 million years ago) alluvium. The sedimentary formations are steeply upturned along the western margin due to the uplifted Sierra Nevada Range.5 From the time the Valley first began to form, sediments derived from erosion of igneous and metamorphic rocks and consolidated marine sediments in the surrounding mountains have been transported into the Valley by streams.
3.8.1.2 Faults and Seismicity
The Project site is not located within an Alquist-Priolo Earthquake Fault Zone and no known faults cut through the local soil at the site. The nearest named fault is the O’Neill fault located approximately 20 miles to the west.
3.8.1.3 Liquefaction
The potential for liquefaction, which is the loss of soil strength due to seismic forces, is dependent on soil types and density, depth to groundwater, and the duration and intensity of ground shaking. Although no specific liquefaction hazard areas have been identified in the county, this potential is recognized throughout the San Joaquin Valley where unconsolidated sediments and a high-water table coincide. According to the United States Department of Agriculture - Natural Resources Conservation Service soil survey in Fresno County, liquefaction risk in the Project area is low.
3.8.1.4 Soil Subsidence
Subsidence occurs when a large land area settles due to over-saturation or extensive withdrawal of ground water, oil, or natural gas. These areas are typically composed of open-textured soils that become saturated.
These areas are high in silt or clay content. The Project site is comprised of calfax clay loam (0–1% slopes). It is moderately well drained with a low risk of subsidence. According to the United States Geological Survey, the Project site is located within an area that has experienced subsidence as a resulted of groundwater pumping.
The California Central Valley relies upon groundwater pumping in order to supply enough water for its cities and the millions of acres of agricultural land that require irrigation water. A reliance on groundwater pumping has put the underlying aquifer and water table in overdraft. The continual practice of groundwater pumping within the Valley has resulted on the gradual sinking of the water table as water demand rises.
3.8.1.5 Dam and Levee Failure
There are no dams or levees within the vicinity of the Project that would cause inundation of the site during failure of a dam or levee. In addition, the Project site lies approximately 2,760 feet north of the nearest flood zone (see Figure 3-2).
3.8.2 Impact Assessment
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
a-i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
a-ii) Strong seismic ground shaking?
Less than Significant Impact. There are no known faults near the Project area. The Project site is subject to relatively low seismic hazards compared to many other parts of California. Potential ground shaking produced by earthquakes generated on regional faults lying outside the immediate vicinity in the Project area may occur.
Due to the distance of the known faults in the region, no significant ground shaking is anticipated on this site. 5 Harden, D.R. 1998, California Geology, Prentice Hall, 479 pages Chapter 3 Impact Analysis
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Seismic hazards on the built environment are addressed in The Uniform Building Code that is utilized by the City of Mendota Building Division to monitor safe construction within the City limits. Impacts would be less than significant.
iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. Liquefaction is a process which involves the temporary transformation of soil from a solid state to a fluid form during intense and prolonged groundshaking. Water-saturated areas with shallow depth to groundwater and uniform sands, loose-to-medium in density, are prone to liquefaction. No subsidence-prone soils, oil or gas production or overdraft exists at the Project site. Furthermore, soil conditions on the site are not prone to soil instability due to its low shrink-swell behavior. The impact would be less than significant.
a-iv) Landslides?
No Impact. As the Project is located on the Valley floor, no major geologic landforms exist on or near the site that could result in a landslide event. The potential landslide impact at this location is minimal as the site is approximately 18 miles from the foothills to the west and the local topography is essentially flat and level. There would be no impact.
b) Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. The Project site would be entirely covered with a combination of hardscape features and landscaping (turf, trees, etc.). It would be graded for positive drainage, and there is little likelihood of erosion or loss of topsoil. Construction would utilize Best Management Practice’s detailed in the California Storm Water Best Management Practice Handbook for Construction Activity.6 Since the Project site has relatively flat terrain with a low potential for soil erosion the impact would be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the most recently adopted Uniform Building Code creating substantial direct or indirect risks to life or property? c and d) Less than Significant Impact. Soils onsite consist of Calflax clay loam, saline-sodic, wet 0 to 1 percent slopes. The Project site and surrounding areas do not contain substantial grade changes. Risk of landslides, lateral spreading, subsidence, liquefaction, and collapse are minimal. The Project does not propose significant alteration of the topography of the site and is not located on expansive soil. Furthermore, the Project would be consistent with the California Building Standards Code. Any impacts would be less than significant. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
No Impact. No septic system is proposed. The Project would connect to the City’s wastewater conveyance system. There would be no impact.
6 (California Stormwater Quality Association, 2003) Accessed 28 September 2021.
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f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less than Significant Impact. No known paleontological resources have been identified at the Project site.
In the unlikely event that a unique paleontological resource or geologic feature is uncovered during construction activities, construction would cease, and a qualified paleontologist or geologist would be contacted to assess the discovery. The Project would adhere to all applicable federal, State, and local requirements regarding paleontological and geologic resource discovery. Any impacts would be considered less than significant.
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Figure 3-2. Flood Zones
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3.9 Greenhouse Gas Emissions
Table 3-13. Greenhouse Gas Emissions Impacts
Greenhouse Gas Emissions
Would the project:
Potentially
Significant
Impact
Less than
Significant
With Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
3.9.1 Environmental Setting
The Earth’s climate has been warming for the past century. It is believed that this warming trend is related to the release of certain gases into the atmosphere. Greenhouse gases (GHG) absorb infrared energy that would otherwise escape from the Earth. As the infrared energy is absorbed, the air surrounding the Earth is heated.
An overall warming trend has been recorded since the late 19th century, with the most rapid warming occurring over the past two decades. The 10 warmest years of the last century all occurred within the last 15 years. It appears that the decade of the 1990s was the warmest in human history (National Oceanic and Atmospheric Administration, 2010). Human activities have been attributed to an increase in the atmospheric abundance of greenhouse gases. The following is a brief description of the most commonly recognized GHGs.
3.9.1.1 Greenhouse Gases
Commonly identified GHG emissions and sources include the following:
Carbon dioxide (CO2) is an odorless, colorless natural greenhouse gas. CO2 is emitted from natural and anthropogenic sources. Natural sources include the following: decomposition of dead organic matter; respiration of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic out gassing.
Anthropogenic sources include the burning of coal, oil, natural gas, and wood.
Methane (CH4) is a flammable greenhouse gas. A natural source of methane is the anaerobic decay of organic matter. Geological deposits, known as natural gas fields, also contain methane, which is extracted for fuel. Other sources are from landfills, fermentation of manure, and ruminants such as cattle.
Nitrous oxide (N2O), also known as laughing gas, is a colorless greenhouse gas. Nitrous oxide is produced by microbial processes in soil and water, including those reactions that occur in fertilizer containing nitrogen. In addition to agricultural sources, some industrial processes (fossil fuel-fired power plants, nylon production, nitric acid production, and vehicle emissions) also contribute to its atmospheric load.
Water vapor is the most abundant, and variable greenhouse gas. It is not considered a pollutant; in the atmosphere, it maintains a climate necessary for life.
Ozone (O3) is known as a photochemical pollutant and is a greenhouse gas; however, unlike other greenhouse gases, ozone in the troposphere is relatively short-lived and, therefore, is not global in nature. Ozone is not emitted directly into the atmosphere but is formed by a complex series of chemical reactions between volatile organic compounds, nitrogen oxides, and sunlight.
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Aerosols are suspensions of particulate matter in a gas emitted into the air through burning biomass (plant material) and fossil fuels. Aerosols can warm the atmosphere by absorbing and emitting heat and can cool the atmosphere by reflecting light.
Chlorofluorocarbons (CFCs) are nontoxic, nonflammable, insoluble, and chemically unreactive in the troposphere (the level of air at the earth’s surface). CFCs were first synthesized in 1928 for use as refrigerants, aerosol propellants, and cleaning solvents. CFCs destroy stratospheric ozone; therefore, their production was stopped as required by the Montreal Protocol in 1987.
Hydrofluorocarbons (HFCs) are synthetic chemicals that are used as a substitute for CFCs. Of all the greenhouse gases, HFCs are one of three groups (the other two are perfluorocarbons and sulfur hexafluoride) with the highest global warming potential. HFCs are human-made for applications such as air conditioners and refrigerants.
Perfluorocarbons (PFCs) have stable molecular structures and do not break down through the chemical processes in the lower atmosphere; therefore, PFCs have long atmospheric lifetimes, between 10,000 and 50,000 years. The two main sources of PFCs are primary aluminum production and semiconductor manufacture.
Sulfur hexafluoride (SF6) is an inorganic, odorless, colorless, nontoxic, nonflammable gas. It has the highest global warming potential of any gas evaluated. Sulfur hexafluoride is used for insulation in electric power transmission and distribution equipment, in the magnesium industry, in semiconductor manufacturing, and as a tracer gas for leak detection.
3.9.1.2 Effects of Climate Change
There are uncertainties as to exactly what the climate changes will be in various local areas of the earth, and what the effects of clouds will be in determining the rate at which the mean temperature will increase. There are also uncertainties associated with the magnitude and timing of other consequences of a warmer planet: sea level rise, spread of certain diseases out of their usual geographic range, the effect on agricultural production, water supply, sustainability of ecosystems, increased strength and frequency of storms, extreme heat events, air pollution episodes, and the consequence of these effects on the economy.
Emissions of GHGs contributing to global climate change are largely attributable to human activities associated with the industrial/manufacturing, utility, transportation, residential, and agricultural sectors. About threequarters of human emissions of CO2 to the global atmosphere during the past 20 years are due to fossil fuel burning. Atmospheric concentrations of CO2, CH4, and N2O have increased 31 percent, 151 percent, and 17 percent respectively since the year 1750 (California Energy Commission 2008). GHG emissions are typically expressed in carbon dioxide-equivalents (CO2e), based on the GHG’s Global Warming Potential (GWP). The GWP is dependent on the lifetime, or persistence, of the gas molecule in the atmosphere. For example, one ton of CH4 has the same contribution to the greenhouse effect as approximately 21 tons of CO2. Therefore, CH4 is a much more potent GHG than CO2.
An individual project cannot generate enough GHG emissions to cause a discernible change in global climate.
However, the Project would participate in the potential for global climate change by its incremental contribution of GHGs. When combined with the cumulative increase of all other sources of GHGs the Project’s incremental contributions constitute potential influences on global climate change.
The reference gas for global warming potential is carbon dioxide (CO2). To describe how much global warming a given type of GHG may cause, the carbon dioxide equivalent (CO2e) is used and quantified in metric tons (MTCO2e). A carbon dioxide equivalent is the mass emissions of an individual GHG, multiplied by its global warming potential.
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3.9.1.3 Short-Term Construction-Generated Emissions
Methodology assumed the Project construction would start in 2022 with full buildout completed in 2023. The Project was assumed to be completed in a single phase. The CalEEMod default schedule for building construction was used. Total GHG emissions generated during construction are presented in Table 3-14 and Table 3-15 below:
Table 3-14. Construction Greenhouse Gas Emissions
Construction Greenhouse Gas Emissions
Year
Annual Emissions
(MTCO2e)
Total 70.4977
Amortized over 30 years 2.3500
Notes:
MTCO2e = metric tons of carbon dioxide equivalents
Source: CalEEMod output (Appendix A).
3.9.1.4 Long-Term Operational Emissions
Operational or long-term emissions occur over the life of the Project. Sources of emissions may include motor vehicles, energy usage, water usage, waste generation, and area sources, such as landscaping activities and residential wood burning. First occupancy of the Project was assumed to occur in 2023. The Project’s operational emissions are listed in Table 3-14.
Table 3-15. Operational Greenhouse Gas Emissions 2021
Operational Greenhouse Gas Emissions
Source
Emissions (MTCO2e per Year)
BAU
(Business as
Usual)
20227
Project 202.6131 139.1002
Amortized Emissions 2.6908 2.3500
Total 205.3039 141.4502
Reduction from BAU 63.8537
Percent Reduction 31%
Reduction Goal (Threshold) 29%
Are Emissions Significant? No
Notes:
MTCO2e = metric tons of carbon dioxide equivalents
The project achieves the SJVAPCD 29 percent reduction from BAU threshold and the 21.7 percent required to show consistency with AB 32 targets. No new target has been set for 2030. b. Source: CalEEMod output (Appendix A).
3.9.2 Impact Assessment
3.9.2.1 Thresholds of Significance
A project would be considered to have a significant impact to climate change if it would:
7 With regulation and Project Design Features.
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a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or,
b. Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases.
In accordance with SJVAPCD’s CEQA Greenhouse Gas Guidance for Valley Land-use Agencies in Addressing GHG Emission Impacts for New Projects8, proposed projects complying with Best Performance Standards (BPS) would be determined to have a less-than-significant impact. Projects not complying with BPS would be considered less than significant if operational GHG emissions would be reduced or mitigated by a minimum of 29 percent, in comparison to BAU (year 2004) conditions. In addition, project-generated emissions complying with an approved plan or mitigation program would also be determined to have a less-than-significant impact. a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Less than Significant Impact. The Scoping Plan implemented to enact the requirements of the CARB’s California Global Warming Solutions Act (Assembly Bill 32) (hereafter referenced as Scoping Plan), called for reductions from BAU in excess of 29 percent in 2020. The Project’s year 2022 emissions, that include reductions gained from both regulation and Project design features are quantified in Table 3-14, and summarized in Table 3-15 for the Project. The Project generated emissions would be approximately 141 MTCO2e for year 2022, an approximately 31% reduction from BAU.
Using the quantification method, the SJVAPCD, Guidance for Valley Land Use Agencies in Addressing GHG Emission Impacts for New Projects under CEQA states that projects determined to have reduced or mitigated GHG emissions by 29%, consistent with targets established in the Scoping Plan would be considered to have a less than significant impact. 9As such, the Project, which represents reductions of 31% for the Project as a whole, would have less than significant impacts.
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less than Significant Impact. In accordance with SJVAPCD’s recommended guidance, project-generated GHG emissions would be considered less than significant if: (1) the Project complies with applicable BPS; (2) operational GHG emissions would be reduced or mitigated by a minimum of 29 percent in comparison to BAU (year 2004) conditions; or (3) project-generated emissions would comply with an approved plan or mitigation program.
As discussed in Impact Assessment a) and illustrated in Table 3-14 and Table 3-15 above, the Project complies with the reduction of operational GHG emissions by a minimum of 29 percent in comparison to BAU (year 2004) conditions. Implementation of the proposed Project is not anticipated to conflict with any applicable plan, policy or regulation for reducing the emissions of GHGs, nor would the Project have a significant impact on the environment. The impact would be considered less than significant. 8 (San Joaquin Valley Air Pollution Control District, 2009) 9 (San Joaquin Valley Air Pollution Control District, 2009) Chapter 3 Impact Analysis
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3.10 Hazards and Hazardous Materials
Table 3-16. Hazards and Hazardous Materials Impacts
Hazards and Hazardous Materials
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires?
3.10.1 Environmental Setting
3.10.1.1Hazardous Materials
The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with CEQA requirements in providing information about the location of hazardous materials release sites. Government Code Section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. The Department of Toxic Substances Control (DTSC) is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. DTSC’s EnviroStor database provides DTSC’s component of Cortese List data (DTSC, 2010). In addition to the EnviroStor database, the State Water Resources Control Board (SWRCB) Geotracker database provides information on regulated hazardous waste facilities in California, including underground storage tank (UST) cases and non-UST cleanup programs, including Spills-Leaks-Investigations-Cleanups sites, Department of Defense sites, and Land Disposal program. A search of the DTSC EnviroStor database and the SWRCB Chapter 3 Impact Analysis
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Geotracker performed on September 21, 2021 determined that there are no known active hazardous waste generators or hazardous material spill sites within the Project site or immediate surrounding vicinity.
Implementation of the Project would not increase the risk hazards or hazardous materials affecting the community.
3.10.1.2 Airports
The Fresno Yosemite International Airport is located approximately 35 miles east and William Robert Johnston Municipal Airport is located approximately 0.25 miles east of the Project site.
3.10.1.3 Emergency Response Plan
The City of Mendota has prepared an Emergency Operations Plan (EOP) in 2006. The objective of the EOP is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency.
3.10.1.4 Sensitive Receptors
To the north and the west are single-family residences each less than 100 feet from the Project site. The nearest school (Washington Elementary School) is located approximately 0.2 miles west of the Project. Both single family residences and schools are considered sensitive receptors.
3.10.2 Impact Assessment
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? a-c) Less than Significant Impact. The Project site is located approximately 0.25 miles northeast of Washington Elementary School). The Project would not produce or utilize and hazardous substances, nor would it result in the emission of any hazardous substances. There would be no handling of hazardous or acutely hazardous materials at the Project site
Construction of the Project may involve the use of hazardous materials associated with construction equipment, such as diesel fuel, lubricants, hydraulic oil, grease, adhesive, paints, solvents, other petroleum-based products.
Any potential accidental hazardous materials spills during construction are the responsibility of the contractor to remediate in accordance with industry best management practices and State and county regulations (Fresno County Hazardous Waste Management Plan). Therefore, impacts would be less than significant. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
No Impact. The Project would not involve land that is listed as a hazardous materials site pursuant to Government Code Section 65962.5 and is not included on a list compiled by the Department of Toxic Substances Control. A search of the DTSC EnviroStor database and the SWRCB Geotracker performed on September 21, 2021 determined that there are no known active hazardous waste generators or hazardous material spill sites within the Project site or immediate surrounding vicinity. There would be no impact.
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e) Would the project for a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? Less than Significant Impact. The Mendota Municipal Airport, also called the William Robert Johnston Municipal Airport, is located approximately 0.2 miles east of the Project site. The Project site is located within the Traffic Pattern Zone of the William Robert Johnston Municipal Airport. Residential uses are allowed within this safety zone. There would be no safety hazard as a result of the proximity to the airport. Impacts would be less than significant.
f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less than Significant Impact. The Project includes the construction of a 15-unit apartment complex.
Construction traffic associated with the Project would be temporary over a period of approximately six months.
Operational traffic would consist residential traffic trips. Work may be completed within the Marie Street frontage, however, this would be temporary and cease upon completion of the Project. Disturbances to traffic patterns, such as a partial road closures and detours on Marie Street are not to be expected. Therefore, Projectrelated impacts to emergency evacuation routes or emergency response routes on local roadways would be less than significant.
g) Expose people or structures, either directly or indirectly to a significant risk of loss, injury or death involving wildland fires?
No Impact. The nearest State Responsibility Area is located approximately 14.5 miles southwest of the Project site. The Project is located in an urbanized area, with residential uses to the north and agricultural land adjacent to the west and south. The agricultural land is disked regularly for fire prevention. There is no risk associated with wildland fires. There would be no impact.
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3.11 Hydrology and Water Quality
Table 3-17. Hydrology and Water Quality Impacts
Hydrology and Water Quality
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade
surface or ground water quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge such
that the project may impede sustainable groundwater
management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the
course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or offsite; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite;
iii) create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff; or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
3.11.1 Environmental Setting
The Project is located within the lower San Joaquin Valley, part of the Great Valley of California. The Valley is bordered by the Sierra Nevada Mountain Ranges to the east, the Coast Ranges to the west, the Klamath Mountains and Cascade Range to the north, and the Transverse Ranges and Mojave Desert to the south. Like most of California, the San Joaquin Valley experiences a Mediterranean climate. Warm, dry summers are followed by cool, moist winters. Summer temperatures often reach above 90 degrees Fahrenheit, and the humidity is generally low. Winter temperatures are often below 60 degrees Fahrenheit during the day and rarely exceed 70 degrees. On average, the Central Valley receives an average of seven inches of precipitation in the form of rainfall yearly, most of which occurs between October and March.
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3.11.2 Impact Assessment
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less than Significant Impact. The 15-unit apartment complex would be connected to the City’s water and sewer systems. Surface runoff from the development would be accommodated by the stormwater drainage system in the City. Wastewater created by the apartment’s residents would be accommodated by the City’s sewer system. The Project would comply with required standards. The Project would not violate any water quality standards or waste discharge requirements or substantially degrade surface or ground water quality.
Impacts would be less than significant.
b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project would impede sustainable groundwater management of the basin?
Less than Significant Impact. The water table and overall groundwater supply would not be substantially impacted. The City’s wells produce approximately 3,100 gallons per minute or 4.5 million gallons per day (MGD). Peak summer water usage is approximately 2.8 MGD. The calculated annual water usage for the Project would be approximately 1,800 gallons per day (gpd). This would not substantially decrease groundwater supplies or interfere with groundwater recharge such that the Project would impede sustainable groundwater management of the basin. In addition, the City adopted the Groundwater Sustainability Plan (GSP) developed by San Joaquin River Exchange Contractors Water Authority, thereby participating in sustainable groundwater management of the area’s underlying basin. Impacts would be less than significant. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
(i) result in substantial erosion or siltation on- or off-site; (ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite; (iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (iv) impede or redirect flood flows?
c-i - c-iv) Less than Significant Impact. The Project site is an already developed lot with multiple structures.
The Project would demolish the existing structures and replace them with a 15-unit multi-family development.
Any changes to the Project site in terms of erosion, siltation, and drainage would be remain less than significant with the use of construction best management practices. Therefore impacts would be less than significant. d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
No Impact. As discussed earlier, the Project is not located in a flood hazard, tsunami, or seiche zone. There would be no impact.
e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less than Significant Impact. The City of Mendota, and thus the Project, is located in the Delta-Mendota Subbasin. Nine Groundwater Sustainability Agencies adopted the GSP for the San Joaquin River Exchange Contractors GSP Group in the Delta-Mendota Subbasin in December 2021. This GSP is inclusive of the City of Mendota, helping to set standards for water conservancy within the City. The Project would not conflict with or obstruct the implementation of a water quality control plan or sustainable groundwater management plan. Therefore, there would be a less than significant impact.
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3.12 Land Use and Planning
Table 3-18. Land Use and Planning Impacts
Land Use and Planning
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy, or regulation
adopted for the purpose of avoiding or mitigating an
environmental effect?
3.12.1 Environmental Setting
The Project is located in the City of Mendota. The City of Mendota is within the northwestern portion of Fresno County. The Project site is located approximately 0.52 miles east of State Route 33 and approximately 850 feet northeast of State Route 180. The Project is located at 755 Marie Street which is located 200 feet southwest of the corner of 7th Street and Marie Street, approximately 0.21 miles northwest of the nearest entrance point of State Route 180. The Project site is surrounded by residential uses to the north and east, vacant land to the southeast, and a trucking yard to the south and southwest.
The Project is located on approximately 0.6 acres of land identified as Assessor’s Parcel Number 013-106-15.
Currently, the Project site is zoned R-2 (Medium/High Density Residential District) by the City of Mendota (Figure 3-4). Furthermore, the Project is planned as Medium-High Density Residential by the Mendota General Plan (Figure 3-3).
3.12.2 Impact Assessment
a) Would the project physically divide an established community? No Impact. The Project would result in the demolition of one single family residence in order to facilitate the construction of a new 15-unit apartment complex. Construction would occur on the previously developed parcel and would not physically divide the community. There would be no impact. b) Would the project cause a significant environmental conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less than Significant Impact. The Project would rezone the property from the R-2 (Medium-High Density Residential) zone district to the R-3 (High Density Zone District) and amend the General Plan by changing the land use designation for the Project site from Medium-High Density Residential to High Density Residential.
The 15-unit apartment complex, with the rezone and General Plan Amendment, would be consistent with the City’s General Plan and the Zoning Ordinance. Impacts would be less than significant.
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Figure 3-3. General Plan Land Use Designation Map
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Figure 3-4. Zoning Map
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3.13 Mineral Resources
Table 3-19. Mineral Resources Impacts
Mineral Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
3.13.1 Environmental Setting
The Project is located in the City of Mendota within the northwestern portion of Fresno County. The area is a part of the southern section of California’s Great Valley Geomorphic Province, or Central Valley. Historically, Fresno County has been a leading producer of a variety of minerals including aggregate, fossil fuels, metals, and other materials used construction or in industrial processes. Currently, aggregate and petroleum are the County’s most significant mineral resources. The Coalinga area, in western Fresno County, has been a valuable region for mineral resources as a top producer of commercial asbestos and home to extensive oil recovery operations.
California Department of Conservation’s Division of Oil, Gas, and Geothermal Resources (DOGGR) maintains a database of oil wells in the Project area. According to the DOGGR Well Finder there are three plugged and abandoned wells within two miles of the Project site (Donco Co. #1, D.J. Pickrell #1, and Gamma Corp #1). There are no active wells within two miles of the Project site.
There are no known current or historic mineral resource extraction or recovery operations in the Project vicinity nor are there any known significant mineral resources onsite.
3.13.2 Impact Assessment
a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a and b) No Impact. The California Surface Mining and Reclamation Act of 1975 (SMARA) was intended to protect the State’s need for a continuing supply of mineral resources, while protecting public an environmental health. SMARA requires that all cities incorporate into their general plans mapped mineral resource designations approved by the State Mining and Geology Board. The State Geologist classifies land in California based on availability of mineral resources. Because available aggregate construction material is limited, five designations have been established for the classification of sand, gravel and crushed rock resources: Scientific Resource, Mineral Resource Zone 1, Mineral Resources Zone 2, and Mineral Resource Zone 3, and Mineral Resource Zone 4.
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According to the Department of Conservation Special Report 158, Mineral Land Classification: Aggregate Materials in the Fresno Production-Consumption Region Sanger Plate, the Project is in an undefined area of Fresno County.
However, there are no known mineral resources locations near the Project. Mineral Resource Zone 3 (MRZ-3) is an area where the significance of mineral deposits cannot be determined from the available data. There are no known sources of mineral resources extraction or recovery operations in the Project vicinity nor any known significant mineral resources onsite.10 Therefore, the Project could be classified in as MRZ-3. Implementation of the Project would not result in the loss of availability of a known mineral resource since no known mineral resources occur in this area. In addition, DOGGR has no record of active or inactive oil or gas wells or petroleum resources on the Project site or in the vicinity11 and the Project area has not been designated as a locally important mineral resource recovery site by a general plan, specific plan, or land use plan. There would be no impact.
10 (Fresno County General Plan Policy Document, 2000) Accessed May 2021. 11 (California Department of Conservation Well Finder, 2020) Accessed May 2021.
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3.14 Noise
Table 3-20. Noise Impacts
Noise
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive ground borne vibration or
ground borne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to
excessive noise levels?
3.14.1 Environmental Setting
There are a variety of sources that produce noise in Mendota including traffic, airport operations, and agricultural operations. Airport, traffic, and railroad noise are the dominant sources of ambient noise near the Project site. The William Robert Johnston Municipal Airport is the largest source of noise in the area due to the airport being approximately a quarter mile east of the Project site. The Southern Pacific Railroad, which runs parallel to Marie Street approximately 220 feet to the southwest of the property, is a large source of noise as well.
Table 3-21. Exterior Noise Level Performance Protection Standards Exterior Noise Level Performance Protection Standards for Noise Sensitive Land Uses Affected by Non-Transportation Noise Sources
Noise Level Descriptor
Daytime (7
a.m. to 7
p.m.)
Evening (p.m..
to 10 p.m.)
Nighttim
e (10
p.m. to 7
a.m.)
Hourly – Average (Leq), dBA 55 50 45
Maximum (Lmax), dBA 70 60 55
The noise level specified above shall be lowered by 5 dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises. These noise level standards do not apply to residential units established in conjunction with industrial or commercial uses(e.g., caretaker dwellings). The City can impose noise level standards which are more or less restrictive than those specified above based upon determination of existing ambient noise levels. Fixed-noise sources which are typically of concern include, but are not limited to, the following: HVAC Systems, Cooling Towers/Evaporative Condensers, Pump Stations, Lift Stations, Emergency Generators, Boilers, Steam Valves, Steam Turbines, Generators, Fans / Blowers, Air Compressors, Heavy Equipment, Conveyro Systems, Transformers, Pile Drivers, Grinders, Drill Rigs, Gas or Diesel Motors, Welders, Cutting Equipment, Outdoor Speakers.
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Exterior Noise Level Performance Protection Standards for Noise Sensitive Land Uses Affected by Non-Transportation Noise Sources
Noise Level Descriptor
Daytime (7
a.m. to 7
p.m.)
Evening (p.m..
to 10 p.m.)
Nighttim
e (10
p.m. to 7
a.m.)
The exterior noise level standard shall be applied at exterior activity areas. In areas where exterior activity areas are not clearly defined the noise level standard shall be applied at the property line of the receiving land use or at a distance of 100 feet from the residence, whichever location is nearest to the residence.. For multi-family dwellings, an onsite common open-space or recreation area maybe designated as the open space area in lieu of individual dwelling balcony or patio areas. If the ambient noise level exceeds the noise standards identified in the above categories, the maximum ambient noise level shall be the noise standard for that category.
Note: For the purposes of the Noise Element, transportation noise sources are defined as traffic on public roadways, railroad line operations, and aircraft in flight. Control of noise from these sources is preempted by Federal and State regulations. Other noise sources are presumed to be subject to local regulations, such as a noise control ordinance. Non-transportation noise sources may include industrial operations, outdoor recreation facilities, HVAC untis, loading docks, etc. a noise control ordinance. Non- transportation noise sources may include industrial operations, outdoor recreation facilities, HVAC units, loading docks, etc.
Table 3-22. Typical Construction Equipment Noise Levels Typical Construction Equipment Noise Levels
Equipment Typical Noise Levels (dBa
Lmax) 50 feet from Source
Backhoe 80
Compactor 82
Dozer 85
Grader 85
Truck 88
Air Compressor 81
Concrete Pump 82
Concrete Vibrator 76
Crane, Mobile 83
Generator 81
Impact Wrench 85
Jack Hammer 88
Paver 89
Pneumatic Tool 85
Pump 76
Roller 74
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Typical Construction Equipment Noise Levels
Equipment Typical Noise Levels (dBa
Lmax) 50 feet from Source
Saw 76
3.14.2 Impact Assessment
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. The Project would result in the construction of a 15-unit apartment complex.
After completion of the Project expected noise levels would be similar to that of the adjacent neighborhoods.
Any potential increase in noise level would not be significant or obtrusive. Temporary noise would occur during construction and cease upon completion of the Project. Noise levels generated by the equipment would range from 76 to 88 dBA (decibel) at a distance of 50 feet from the noise source; at 100 feet, the noise levels would range from 70 to 82 dBA. The City of Mendota does not have a comprehensive noise ordinance. The City’s nuisance ordinance only places limitations on the time of day during which excessive noise may be produced. Due to the nature of construction noise and the proximity of the site to existing residential areas, hours of construction shall be limited to 7:00 AM to 7:00 PM on weekdays, and 8:00 AM to 6:00 PM on Saturdays. Therefore, impacts would be less than significant. b) Would the project result in generation of excessive ground borne vibration or ground borne noise levels?
Less than Significant Impact. Construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. Construction activities can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures, and soil type. The generation of vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight damage at the highest levels. Given the type of construction, it is not anticipated the Project would generate excessive ground-borne vibration or ground-borne noise levels. In addition, vibration levels subside with increased distance from the source, diminishing the effect the Project would have. Impacts would be less than significant. c) For a project located within the vicinity of a private air strip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less than Significant Impact. The Mendota Municipal Airport, also called the William Robert Johnston Municipal Airport, is located approximately 0.25 miles east of the Project. The Project site is located within the Traffic Pattern Zone of the William Robert Johnston Municipal Airport. Residential uses are allowed within this safety zone. Impacts would be less than significant.
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3.15 Population and Housing
Table 3-23. Population and Housing Impacts
Population and Housing
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
3.15.1 Environmental Setting
According to the United States Census Bureau, the City of Mendota’s population was estimated to be 12,595 in 2020, with approximately 4.29 persons per household in the City. 12 3.15.2 Impact Assessment
a) Would the project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less than Significant Impact. The Project proposes to change the land use designation and zoning for the property from Medium-High Density to High Density Residential. According to the General Plan, MediumHigh Density Residential allows for a density of 6.1 to 11.0 dwelling units per acre, whereas High Density Residential allows for a density of 11.1 to 25 dwelling units per acre. The City of Mendota 2025 General Plan estimated a population of 22,434 residents by 2025. With a current population of approximately 12,448 an annual growth rate of 0.2 percent, the completion of the Project would not substantially induce unplanned population growth. Impacts would be less than significant. b) Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
Less than Significant Impact. The Project site currently houses a mobile home, detached garage, and a metal carport, but they are anticipated to be demolished prior to the construction of the Project. The property was sold to the current owner and the previous owner vacated the property voluntarily, therefore, the Project would not result in the displacement of people. The Project site would continue to be utilized for residential uses with the construction of a 15-unit apartment complex. Impacts would be less than significant. 12 https://www.census.gov/quickfacts/mendotacitycalifornia United States Census Bureau. Accessed April 25, 2022..
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3.16 Public Services
Table 3-24. Public Services Impacts
Public Services
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, need for new or physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
3.16.1 Environmental Setting
Fire Protection: The closest fire station is Fresno County Fire District, Station 96, Mendota located approximately 0.6 miles northwest of the Project.
Police Protection: The closest law enforcement is the Mendota Police Department located approximately 0.2 miles east of the Project. The next closest law enforcement is the Fresno County Sheriff’s Office, San Joaquin Station, located approximately 17 miles southeast of the Project site.
Schools: The closest school to the Project is the Washington Elementary School located approximately 0.2 miles west of the Project site.
Parks: Mendota has three City parks. The closest park is the Veteran’s Park located approximately 0.25 miles north of the Project site. Rojas-Pierce Park approximately 0.66 miles west of the Project. Lozano-Lindgren Park is located approximately 0.75 miles northwest of the Project.
Landfills: The closest landfill to the Project site is the American Avenue located approximately 14 miles southeast.
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3.16.2 Impact Assessment
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
Less than Significant Impact. The Project would utilize existing services provided by the County of Fresno and City of Mendota. Impacts would be less than significant.
Fire Protection – The City of Mendota is served by the Fresno County Fire Protection District (FCFPD). The Project site would be served by Station 96, located approximately 0.6 miles north on McCabe Street. The Project would be required to comply with the requirements of the FCFPD regarding access, water mains, fire flow, hydrants, and review of engineering plans. Standard fire suppression conditions are incorporated as part of the Project. Increased demands for fire service are funded almost entirely through property taxes. Therefore, impacts to fire protection services are considered less than significant.
Police Protection – The Project site would be served by local police located in the City of Mendota. The Project is not expected to result in a significant impact to police protection. Therefore, impacts to police protection would be less than significant.
Schools – The Project would generate approximately 18 students, distributed as follows:
Table 3-25. Project Student Generation
Project Student Generation
Grades
Students/
Dwelling Unit13
Subdivisions Proposed
Dwelling Units Students
K-6 0.5 15 7.5
7-8 0.5 15 7.5
9-12 0.2 15 3
The Project site is within the Mendota Unified School District , located approximately 0.5 miles from Mendota Community High School and 0.2 miles from Washington Elementary School. The Project would not substantially impact schools by generating a substantial number of students; therefore, impacts would be less than significant
Parks and other public facilities – The Project site is located within the City of Mendota Department of Parks and Recreation service area. The nearest park is the Veteran’s Park located approximately 0.25 miles north of the Project site. The Rojas-Pierce Park is located approximately 0.66 miles west of the Project and the LozanoLindgren Park is located approximately 0.75 miles northwest. The potential addition of population that could be generated from the Project would not be substantial and Mendota has adequate park and public facilities for the potential minor population increase. Therefore, impacts would be less than significant to parks and recreation.
13 California Department of Education 2019 student generation rates.
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3.17 Recreation
Table 3-26. Recreation Impacts
Recreation
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
3.17.1 Environmental Setting
The Mendota General Plan calculated the amount of park and recreational land based upon the combined total of developed park acreage plus 50 percent of the amount of school sites that have adjoining sports fields. The City currently has 23 acres of existing park and recreational land. City parks include: Veteran’s Park, LozanoLindgren Park, Rojas-Pierce Park, and the Mendota Pool Park. A buffer along the Fresno Slough provides additional open space. Existing recreational opportunities in Mendota range from traditional active sports such as softball and soccer to passive recreation such as nature observation and simply spending time outdoors.
Residents also utilize these parks for activities including picnicking, walking and bicycling, and playground activities.
3.17.2 Impact Assessment
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Impact. The Project would be subject to all rules and regulations outlined for new development through the City of Mendota Municipal Code, including compliance with the Park Impact Fee program. As a result, any increase in the use of existing neighborhood or regional parks or other recreational facilities due to the development of the Project would be lessened through compliance. The Project neither includes nor requires the construction of recreation facilities. As such, any impact would be less than significant.
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3.18 Transportation
Table 3-27. Transportation Impacts
Transportation
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
3.18.1 Environmental Setting
The City of Mendota is a small rural community in western Fresno County. The City is located west of Fresno and east of Interstate 5. SR 180/Oller Street runs east-west and is approximately 850 feet southwest of the Project. SR 33/Derrick Avenue runs north-south and is approximately 2,700 feet west of the Project. Both of these routes provide a transportation corridor for residents of Mendota and farmers in the area.
3.18.2 Impact Assessment
a) Would the project conflict with a plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less than Significant Impact. The Project would be conditioned to make improvements to pedestrian facilities and potentially to drive approaches within the Marie Street frontage. Any improvements to the street frontage and pedestrian facilities would be approved by the City Engineer. The Project would not require any off-site improvements that would conflict with a plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Therefore, impacts would be less than significant. b) Would the project conflict or be inconsistent with CEQA Guidelines section 150643. Subdivision (b)?
Less than Significant Impact. The Project is located within the city limits in an urbanized environment.
While the Project would result in the increase of Vehicle Miles Traveled (VMT), Fresno COG’s VMT Calculator Tool indicates that the Project would result in a per-capita VMT of 7.4 vs. a County per-capita VMT of 16.1.
Such a difference falls well beneath the 13% reduction set by the Fresno Council of Governments VMT Analysis Guide.
14 The Project would be consistent with CEQA Guidelines section 15064.3 subdivision (b).
Impacts would be less than significant.
14 Fresno Council of Governments. Welcome to Fresno COG’s VMT analysis guide. https://www.fresnocog.org/project/vmtanalysis/. Accessed April 25, 2022.
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c) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The Project site does not propose any sharp curves or dangerous intersections, nor does it propose any incompatible uses. The Project site is fronting Marie Street at a location that does not have an intersection.
The closest intersection is approximately 900 feet northwest of the Project site at 9th Street. Any improvements associated with the Project would be approved by the City Engineer. There would be no impact. d) Would the project result in inadequate emergency access? Les than Significant Impact. The Project would not result in any inadequate emergency access due to work completed within the Marie Street roadway. Any construction that would impact traffic circulation would utilize a partial lane split road closure. Any work completed within the Marie Street frontage would be approved by the City Engineer. Therefore, impacts would be less than significant.
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3.19 Tribal Cultural Resources
Table 3-28. Tribal Cultural Resources Impacts
Tribal Cultural Resources
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site,
feature, place, cultural landscape that is geographically defined in terms of the size and scope of the
landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
ii. A resource determined by the lead agency, in
its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying
the criteria set forth in subdivision (c) of
Public Resource Code Section 5024.1, the
lead agency shall consider the significance of
the resource to a California Native American
tribe.
3.19.1 Environmental Setting
Penutian-speaking Yokuts tribal groups occupied the southern San Joaquin Valley region and much of the nearby Sierra Nevada mountains. For a variety of historical reasons, existing research information emphasizes the central Yokuts tribes who occupied both the valley and particularly the foothills of the Sierra Nevada mountains.
Although population estimates vary and population size was greatly affected by the introduction of EuroAmerican diseases and social disruption, the Yokuts were one of the largest, most successful groups in Native California. It is estimated that the Yokuts region contained 27 percent of the aboriginal population in the state at the time of contact; other estimates are even higher. Many Yokuts descendants continue to live in Fresno County, either on tribal reservations, or in local towns and communities.
3.19.2 Impact Assessment
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural Chapter 3 Impact Analysis
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landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
a-i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or a-ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
a-i-a-ii) No Impact. The Project site is located on a previously developed parcel within the City. The Project site currently has multiple structures located on it. Due to the Project site having been previously disturbed, it is unlikely that the Project would cause a substantial impact to a tribal cultural resource.
In accordance with Public Resources Code Section 21080.3.1 (Assembly Bill 52) and /or Government Code Section 65352.3 (Senate Bill 18), on August 11, 2021, the following tribes were notified of the Project:
1. Big Sandy Rancheria of Western Mono Indians, Elizabeth D. Kipp, Chairperson
2. Chicken Ranch Rancheira of Me-Wuk Indians, Lloyd Mathiesen, Chairperson
3. Cold Springs Rancheria, Carol Bill, Chairperson
4. Dumna Wo-Wah Tribal Government, Robert Ledger Sr., Chairperson
5. Dunlap Band of Mono Indians, Benjamin Charley Jr., Tribal Chair
6. Dunlap Band of Mono Indians, Dick Charley, Tribal Secretary
7. Kings River Choinumni Farm Tribe, Stan Alec
8. Nashville Enterprise Miwok-Maidu-Nishinam Tribe, Cosme A. Valdez, Chairperson
9. North Fork Mono Tribe, Ron Goode, Chairperson
10. North Valley Yokuts Tribe, Katherine Erolinda Perez, Chairperson
11. North Valley Yokuts Tribe, Timothy Perez, MLD Contact
12. Picayune Rancheria of Chuckchansi Indians, Claudia Gonzales, Chairwoman
13. Santa Rosa Rancheria Tachi Yokut Tribe, Leo Sisco, Chairperson
14. Table Mountain Rancheria, Leanne Walker-Grant, Chairperson
15. Table Mountain Rancheria, Bob Pennell, Cultural Resources Director
16. Traditional Choinumni Tribe, David Alvarez, Chairperson
17. Traditional Choinumni Tribe, Rick Osborne, Cultural Resources
18. Tule River Indian Tribe, Neil Peyron, Chairperson
19. Wuksache Indian Tribe/Eshom Valley Band, Kenneth Woodrow, Chairperson
20. Xolon-Salinan Tribe, Karen White, Chairperson
No written responses were received. In the unlikely event that an archaeological resource is uncovered during construction, tribal in relation or not, all construction would cease, and a qualified archaeologist would be contacted to assess the resource. The Project would adhere to all applicable federal, State, and local requirements in regard to tribal cultural resources.
In addition, while it is unlikely that human resources would be uncovered during construction activities associated within this Project, discovery of human remains on-site would result in the ceasing of all construction activities and the contacting of the Fresno County Coroner. If the Coroner determines that the remains are that of tribal descent, they would contact the NAHC to determine the most likely descendant. The Project would be required to comply with all applicable federal, State, and local requirements in relation to the uncover of human remains. Any impacts would be considered less than significant.
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3.20 Utilities and Service Systems
Table 3-29. Utilities and Service Systems Impacts
Utilities and Service Systems
Would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm
water drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reductions goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid
waste?
3.20.1 Environmental Setting
The Project is located within the Mowry Lake-Fresno Slough watershed; HUC: 180300091003 (Environmental Protection Agency, 2019), approximately two and a half miles southwest of the Mendota Pool at the confluence of the San Joaquin River and the Fresno Slough. and seven miles east of Panoche Creek. The San Joaquin River, Fresno Slough, and Mendota Pool have been levied and much of the surrounding land is now intensively cultivated for agricultural production. Historically, the Mendota area supported large areas of riparian wetlands and important waterfowl habitat. Due to alteration of the aquatic features in the vicinity and the conversion of natural habitat to agricultural lands, the riparian habitat is now limited to the margins of these waterways and to undisturbed areas within ecological reserves, managed wildlife areas, and national wildlife refuges.
The City of Mendota’s Public Utilities Department’s mission is to deliver potable water to the residents of Mendota and provide sewer services for the disposal of wastewater. See Section 3.11.2 for a discussion of the City’s water production capabilities.
The City’s wastewater treatment plant has been in operation since 1974 and is located northeast of the city.
Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-57
3.20.1.1 Water Supply
The Project would connect to the City of Mendota’s existing water supply system.
3.20.1.2 Wastewater Collection and Treatment
The Project would be connected to the City of Mendota’s existing sewer system.
3.20.1.3 Landfills
The City of Mendota is served by the American Avenue Landfill which is located approximately 14 miles southwest of the Project site.
3.20.2 Impact Assessment
a) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
Less than Significant Impact. The Project includes the construction of a 15-unit apartment complex. The Project is anticipated to use approximately 1,800 gpd, with an estimated wastewater volume of 1,500 gpd. The Project would not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities. Impacts would be less than significant. b) Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less than Significant Impact. The Project includes the construction of a 15-unit apartment complex. The Project is anticipated to use approximately 1,800 gpd, with an estimated wastewater volume of 1,500 gpd. The City has sufficient water production to serve the Project. Impacts would be less than significant. c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
Less than Significant Impact. See discussion under a) above. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact. The Project site would be served by the American Avenue landfill, operated by the County of Fresno, approximately 15 miles southeast, which has sufficient capacity to operate through 2031.15 Impacts would be less than significant.
e) Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Less than Significant Impact. The Project would comply with all regulations related to the generation, storage, and disposal of solid waste. Therefore, impacts would be less than significant. 15 City of Fresno. Department of Public Utilities, Facilities and Infrastructure. https://www.fresno.gov/publicutilities/facilitiesinfrastructure/american-avenue-landfill/. Accessed April 25, 2022.
Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-58
3.21 Wildfire
Table 3-30. Wildfire Impacts
Wildfire
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to pollutant concentrations from a wildfire or the uncontrollable spread of wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
3.21.1 Environmental Setting
The Project is located in Fresno County in the City of Mendota. The Project site is in a flat urbanized area of the City. The Project is not located in or near State Responsibility Areas (SRA) or lands classified as very high fire hazard severity zones.16 17
3.21.2 Impact Assessment
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, or other factors exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from wildfire or the uncontrolled spread of wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? 16 CAL FIRE. State Responsibility Area Viewer. https://bof.fire.ca.gov/projects-and-programs/state-responsibility-area-viewer/.
Accessed April 25, 2022.
17 CAL FIRE. Fire Hazard Severity Zone Viewer. https://egis.fire.ca.gov/FHSZ/. Accessed April 25, 2022.
Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-59
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? a-d) No Impact. The Project is not located in or near an SRA or lands classified as very high fire hazard severity zones. The nearest SRA is approximately 15 miles southwest of the Project site. Additionally, the site is approximately 20 miles from the nearest Very High classification of Fire Hazard Severity Zone . The Project would not impair an emergency response plan or exacerbate fire risks. Therefore, further analysis of the Projects potential impacts to wildfire are not warranted. There would be no impacts.
Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-60
3.22 CEQA Mandatory Findings of Significance
Table 3-31. Mandatory Findings of Significance Impacts
Mandatory Findings of Significance
Potentially
Significant
Impact
Less than
Significant With
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, substantially reduce the number or restrict
the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of
California history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
3.22.1 Impact Assessment
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less than Significant Impact. The analysis conducted in this Initial Study/ Negative Declaration results in a determination that the Project would have a less than significant effect on the environment.
Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-61
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Less than Significant Impact. CEQA Guidelines Section 15064(i) States that a Lead Agency shall consider whether the cumulative impact of a project is significant and whether the effects of the project are cumulatively considerable. The assessment of the significance of the cumulative effects of a project must, therefore, be conducted in connection with the effects of past projects, other current projects, and probable future projects.
The proposed Project would change the subject property’s land use designation from Medium-High Density Residential to High Density Residential, amend the official Zoning Map to change the subject property’s zoning designation from R-2 to R-3, and a Site Plan Review to construct a 15-unit apartment complex.
The potential impacts are individually limited and not cumulatively considerable. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The Project would be constructed and operated in accordance with regulations pertaining to the Project. Since, all potential impacts would be considered less than significant, it would be unlikely that any environmental effects would cause substantial adverse effect on human beings, directly or indirectly.
Chapter 3 Impact Analysis
General Plan Amendment, Rezone, and Site Plan Review No. 21-10 City of Mendota • April 2022 3-62
3.23 Determination: (To be completed by the Lead Agency) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Signature Date
Printed Name/Position
04/28/2022 Jeffrey O’Neal, AICP, City Planner
City of Mendota • April 2022 Appendix A-1
Appendix A
CalEEMod Output Files
Carballo Apartments - Business as Usual
Fresno County, Annual
Project Characteristics -
Land Use - Lot Acreage and Square Feet revised to as shown on site plan.
Population assumes 4.54 persons per household, per the 2015 Multi-Jurisdictional Housing Element Demolition -
Architectural Coating -
Fleet Mix -
Area Coating -
Mobile Land Use Mitigation -
Area Mitigation -
Woodstoves -
1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 15.00 Dwelling Unit 0.60 16,654.00 68
1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
3 Wind Speed (m/s) 2.2 Precipitation Freq (Days) 45
1.3 User Entered Comments & Non-Default Data
1.0 Project Characteristics
Utility Company Statewide Average
Operational Year 2005
CO2 Intensity
(lb/MWhr)
453.21 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
tblLandUse LandUseSquareFeet 15,000.00 16,654.00
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
2.0 Emissions Summary
tblLandUse LotAcreage 0.94 0.60
tblLandUse Population 43.00 68.00
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2005 0.1227 0.7409 0.3878 5.2400e0030.0112 0.0597 0.0709 3.8800e0030.0597 0.0636 0.0000 49.2441 49.2441 9.9200e0037.3000e00449.7088 2006 0.3377 0.4604 0.2481 3.2600e0032.4200e0030.0374 0.0399 6.5000e0040.0374 0.0381 0.0000 30.7321 30.7321 6.2600e0034.3000e00431.0156 Maximum 0.3377 0.7409 0.3878 5.2400e0030.0112 0.0597 0.0709 3.8800e0030.0597 0.0636 0.0000 49.2441 49.2441 9.9200e0037.3000e00449.7088 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2005 0.1227 0.7409 0.3878 5.2400e0030.0112 0.0597 0.0709 3.8800e0030.0597 0.0636 0.0000 49.2440 49.2440 9.9200e0037.3000e00449.7088 2006 0.3377 0.4604 0.2481 3.2600e0032.4200e0030.0374 0.0399 6.5000e0040.0374 0.0381 0.0000 30.7321 30.7321 6.2600e0034.3000e00431.0155 Maximum 0.3377 0.7409 0.3878 5.2400e0030.0112 0.0597 0.0709 3.8800e0030.0597 0.0636 0.0000 49.2440 49.2440 9.9200e0037.3000e00449.7088 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 9-21-2005 12-20-2005 0.7696 0.7696
2 12-21-2005 3-20-2006 0.8832 0.8832
Highest 0.8832 0.8832
2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.1096 9.1800e0030.2426 4.0000e0040.0191 0.0191 0.0191 0.0191 2.4256 6.6800 9.1057 0.0118 1.2000e0049.4351 Energy 1.1000e0039.4300e0034.0100e0036.0000e0057.6000e0047.6000e0047.6000e0047.6000e0040.0000 23.6623 23.6623 1.1400e0033.1000e00423.7839 Mobile 0.2039 0.5307 2.3670 3.5300e0030.1203 0.0107 0.1310 0.0322 0.0102 0.0424 0.0000 157.1798 157.1798 0.0217 0.0179 163.0566 Waste 0.0000 0.0000 0.0000 0.0000 1.4006 0.0000 1.4006 0.0828 0.0000 3.4700 Water 0.0000 0.0000 0.0000 0.0000 0.3101 1.5304 1.8405 0.0320 7.7000e0042.8675 Total 0.3145 0.5493 2.6136 3.9900e0030.1203 0.0306 0.1509 0.0322 0.0300 0.0623 4.1363 189.0525 193.1888 0.1494 0.0191 202.6131 Unmitigated Operational
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2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.1096 9.1800e0030.2426 4.0000e0040.0191 0.0191 0.0191 0.0191 2.4256 6.6800 9.1057 0.0118 1.2000e0049.4351 Energy 1.1000e0039.4300e0034.0100e0036.0000e0057.6000e0047.6000e0047.6000e0047.6000e0040.0000 23.6623 23.6623 1.1400e0033.1000e00423.7839 Mobile 0.2039 0.5307 2.3670 3.5300e0030.1203 0.0107 0.1310 0.0322 0.0102 0.0424 0.0000 157.1798 157.1798 0.0217 0.0179 163.0566 Waste 0.0000 0.0000 0.0000 0.0000 1.4006 0.0000 1.4006 0.0828 0.0000 3.4700 Water 0.0000 0.0000 0.0000 0.0000 0.3101 1.5304 1.8405 0.0320 7.7000e0042.8675 Total 0.3145 0.5493 2.6136 3.9900e0030.1203 0.0306 0.1509 0.0322 0.0300 0.0623 4.1363 189.0525 193.1888 0.1494 0.0191 202.6131 Mitigated Operational
3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 9/21/2005 10/4/2005 5 10
2 Site Preparation Site Preparation 10/5/2005 10/5/2005 5 1 3 Grading Grading 10/6/2005 10/7/2005 5 2
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4 Building Construction Building Construction 10/8/2005 2/24/2006 5 100 5 Paving Paving 2/25/2006 3/3/2006 5 5
6 Architectural Coating Architectural Coating 3/4/2006 3/10/2006 5 5 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 4 6.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 4.00 231 0.29
Building Construction Forklifts 2 6.00 89 0.20
Grading Graders 1 6.00 187 0.41
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 7.00 130 0.42
Paving Rollers 1 7.00 80 0.38
Demolition Rubber Tired Dozers 1 1.00 247 0.40
Grading Rubber Tired Dozers 1 6.00 247 0.40
Building Construction Tractors/Loaders/Backhoes 2 8.00 97 0.37 Demolition Tractors/Loaders/Backhoes 2 6.00 97 0.37
Grading Tractors/Loaders/Backhoes 1 7.00 97 0.37
Paving Tractors/Loaders/Backhoes 1 7.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 8.00 97 0.37 Residential Indoor: 33,724; Residential Outdoor: 11,241; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 0.5
Acres of Grading (Grading Phase): 1.5
Acres of Paving: 0
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.2 Demolition - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 1.9700e0030.0000 1.9700e0033.0000e0040.0000 3.0000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0157 0.0935 0.0444 6.6000e0048.0100e0038.0100e0038.0100e0038.0100e0030.0000 5.6973 5.6973 1.2800e0030.0000 5.7293 Total 0.0157 0.0935 0.0444 6.6000e0041.9700e0038.0100e0039.9800e0033.0000e0048.0100e0038.3100e0030.0000 5.6973 5.6973 1.2800e0030.0000 5.7293 Unmitigated Construction On-Site
3.1 Mitigation Measures Construction
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 4 10.00 0.00 18.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 2 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 5 11.00 2.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 7 18.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 2.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.2 Demolition - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 6.4000e0048.0600e0031.9400e0036.0000e0051.5000e0042.9000e0044.4000e0044.0000e0052.8000e0043.2000e0040.0000 0.6618 0.6618 3.0000e0051.0000e0040.6934 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.7000e0041.0100e0037.7600e0030.0000 4.0000e0041.0000e0054.1000e0041.1000e0041.0000e0051.1000e0040.0000 0.4390 0.4390 6.0000e0055.0000e0050.4560 Total 1.4100e0039.0700e0039.7000e0036.0000e0055.5000e0043.0000e0048.5000e0041.5000e0042.9000e0044.3000e0040.0000 1.1009 1.1009 9.0000e0051.5000e0041.1494 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 1.9700e0030.0000 1.9700e0033.0000e0040.0000 3.0000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0157 0.0935 0.0444 6.6000e0048.0100e0038.0100e0038.0100e0038.0100e0030.0000 5.6973 5.6973 1.2800e0030.0000 5.7293 Total 0.0157 0.0935 0.0444 6.6000e0041.9700e0038.0100e0039.9800e0033.0000e0048.0100e0038.3100e0030.0000 5.6973 5.6973 1.2800e0030.0000 5.7293 Mitigated Construction On-Site
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3.2 Demolition - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 6.4000e0048.0600e0031.9400e0036.0000e0051.5000e0042.9000e0044.4000e0044.0000e0052.8000e0043.2000e0040.0000 0.6618 0.6618 3.0000e0051.0000e0040.6934 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 7.7000e0041.0100e0037.7600e0030.0000 4.0000e0041.0000e0054.1000e0041.1000e0041.0000e0051.1000e0040.0000 0.4390 0.4390 6.0000e0055.0000e0050.4560 Total 1.4100e0039.0700e0039.7000e0036.0000e0055.5000e0043.0000e0048.5000e0041.5000e0042.9000e0044.3000e0040.0000 1.1009 1.1009 9.0000e0051.5000e0041.1494 Mitigated Construction Off-Site
3.3 Site Preparation - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 2.7000e0040.0000 2.7000e0043.0000e0050.0000 3.0000e0050.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.0000e0037.9300e0032.8000e0036.0000e0054.7000e0044.7000e0044.7000e0044.7000e0040.0000 0.5117 0.5117 8.0000e0050.0000 0.5138 Total 1.0000e0037.9300e0032.8000e0036.0000e0052.7000e0044.7000e0047.4000e0043.0000e0054.7000e0045.0000e0040.0000 0.5117 0.5117 8.0000e0050.0000 0.5138 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.3 Site Preparation - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e0055.0000e0053.9000e0040.0000 2.0000e0050.0000 2.0000e0051.0000e0050.0000 1.0000e0050.0000 0.0220 0.0220 0.0000 0.0000 0.0228 Total 4.0000e0055.0000e0053.9000e0040.0000 2.0000e0050.0000 2.0000e0051.0000e0050.0000 1.0000e0050.0000 0.0220 0.0220 0.0000 0.0000 0.0228 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 2.7000e0040.0000 2.7000e0043.0000e0050.0000 3.0000e0050.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.0000e0037.9300e0032.8000e0036.0000e0054.7000e0044.7000e0044.7000e0044.7000e0040.0000 0.5117 0.5117 8.0000e0050.0000 0.5138 Total 1.0000e0037.9300e0032.8000e0036.0000e0052.7000e0044.7000e0047.4000e0043.0000e0054.7000e0045.0000e0040.0000 0.5117 0.5117 8.0000e0050.0000 0.5138 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.3 Site Preparation - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e0055.0000e0053.9000e0040.0000 2.0000e0050.0000 2.0000e0051.0000e0050.0000 1.0000e0050.0000 0.0220 0.0220 0.0000 0.0000 0.0228 Total 4.0000e0055.0000e0053.9000e0040.0000 2.0000e0050.0000 2.0000e0051.0000e0050.0000 1.0000e0050.0000 0.0220 0.0220 0.0000 0.0000 0.0228 Mitigated Construction Off-Site
3.4 Grading - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 5.3100e0030.0000 5.3100e0032.5700e0030.0000 2.5700e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.0100e0030.0248 8.4500e0031.7000e0041.3300e0031.3300e0031.3300e0031.3300e0030.0000 1.4822 1.4822 2.4000e0040.0000 1.4883 Total 3.0100e0030.0248 8.4500e0031.7000e0045.3100e0031.3300e0036.6400e0032.5700e0031.3300e0033.9000e0030.0000 1.4822 1.4822 2.4000e0040.0000 1.4883 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Grading - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e0041.6000e0041.2400e0030.0000 6.0000e0050.0000 7.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0703 0.0703 1.0000e0051.0000e0050.0730 Total 1.2000e0041.6000e0041.2400e0030.0000 6.0000e0050.0000 7.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0703 0.0703 1.0000e0051.0000e0050.0730 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 5.3100e0030.0000 5.3100e0032.5700e0030.0000 2.5700e0030.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.0100e0030.0248 8.4500e0031.7000e0041.3300e0031.3300e0031.3300e0031.3300e0030.0000 1.4822 1.4822 2.4000e0040.0000 1.4883 Total 3.0100e0030.0248 8.4500e0031.7000e0045.3100e0031.3300e0036.6400e0032.5700e0031.3300e0033.9000e0030.0000 1.4822 1.4822 2.4000e0040.0000 1.4883 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Grading - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e0041.6000e0041.2400e0030.0000 6.0000e0050.0000 7.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0703 0.0703 1.0000e0051.0000e0050.0730 Total 1.2000e0041.6000e0041.2400e0030.0000 6.0000e0050.0000 7.0000e0052.0000e0050.0000 2.0000e0050.0000 0.0703 0.0703 1.0000e0051.0000e0050.0730 Mitigated Construction Off-Site
3.5 Building Construction - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0947 0.5824 0.2637 4.1200e0030.0489 0.0489 0.0489 0.0489 0.0000 36.0006 36.0006 7.7300e0030.0000 36.1939 Total 0.0947 0.5824 0.2637 4.1200e0030.0489 0.0489 0.0489 0.0489 0.0000 36.0006 36.0006 7.7300e0030.0000 36.1939 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Building Construction - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.6000e0030.0164 5.8900e0031.3000e0044.0000e0046.3000e0041.0300e0031.1000e0046.0000e0047.2000e0040.0000 1.4615 1.4615 7.0000e0052.2000e0041.5289 Worker 5.0700e0036.6500e0030.0512 3.0000e0052.6400e0036.0000e0052.7000e0037.0000e0046.0000e0057.6000e0040.0000 2.8977 2.8977 4.1000e0043.4000e0043.0095 Total 6.6700e0030.0231 0.0571 1.6000e0043.0400e0036.9000e0043.7300e0038.1000e0046.6000e0041.4800e0030.0000 4.3592 4.3592 4.8000e0045.6000e0044.5384 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0947 0.5824 0.2637 4.1200e0030.0489 0.0489 0.0489 0.0489 0.0000 36.0006 36.0006 7.7300e0030.0000 36.1939 Total 0.0947 0.5824 0.2637 4.1200e0030.0489 0.0489 0.0489 0.0489 0.0000 36.0006 36.0006 7.7300e0030.0000 36.1939 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Building Construction - 2005
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.6000e0030.0164 5.8900e0031.3000e0044.0000e0046.3000e0041.0300e0031.1000e0046.0000e0047.2000e0040.0000 1.4615 1.4615 7.0000e0052.2000e0041.5289 Worker 5.0700e0036.6500e0030.0512 3.0000e0052.6400e0036.0000e0052.7000e0037.0000e0046.0000e0057.6000e0040.0000 2.8977 2.8977 4.1000e0043.4000e0043.0095 Total 6.6700e0030.0231 0.0571 1.6000e0043.0400e0036.9000e0043.7300e0038.1000e0046.6000e0041.4800e0030.0000 4.3592 4.3592 4.8000e0045.6000e0044.5384 Mitigated Construction Off-Site
3.5 Building Construction - 2006
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0631 0.3883 0.1758 2.7500e0030.0326 0.0326 0.0326 0.0326 0.0000 24.0004 24.0004 5.1500e0030.0000 24.1293 Total 0.0631 0.3883 0.1758 2.7500e0030.0326 0.0326 0.0326 0.0326 0.0000 24.0004 24.0004 5.1500e0030.0000 24.1293 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Building Construction - 2006
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0600e0030.0109 3.9300e0039.0000e0052.7000e0044.2000e0046.9000e0048.0000e0054.0000e0044.8000e0040.0000 0.9743 0.9743 5.0000e0051.5000e0041.0193 Worker 3.3800e0034.4400e0030.0341 2.0000e0051.7600e0034.0000e0051.8000e0034.7000e0044.0000e0055.0000e0040.0000 1.9318 1.9318 2.7000e0042.3000e0042.0064 Total 4.4400e0030.0154 0.0381 1.1000e0042.0300e0034.6000e0042.4900e0035.5000e0044.4000e0049.8000e0040.0000 2.9061 2.9061 3.2000e0043.8000e0043.0256 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0631 0.3883 0.1758 2.7500e0030.0326 0.0326 0.0326 0.0326 0.0000 24.0004 24.0004 5.1500e0030.0000 24.1292 Total 0.0631 0.3883 0.1758 2.7500e0030.0326 0.0326 0.0326 0.0326 0.0000 24.0004 24.0004 5.1500e0030.0000 24.1292 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Building Construction - 2006
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0600e0030.0109 3.9300e0039.0000e0052.7000e0044.2000e0046.9000e0048.0000e0054.0000e0044.8000e0040.0000 0.9743 0.9743 5.0000e0051.5000e0041.0193 Worker 3.3800e0034.4400e0030.0341 2.0000e0051.7600e0034.0000e0051.8000e0034.7000e0044.0000e0055.0000e0040.0000 1.9318 1.9318 2.7000e0042.3000e0042.0064 Total 4.4400e0030.0154 0.0381 1.1000e0042.0300e0034.6000e0042.4900e0035.5000e0044.4000e0049.8000e0040.0000 2.9061 2.9061 3.2000e0043.8000e0043.0256 Mitigated Construction Off-Site
3.6 Paving - 2006
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 6.9900e0030.0450 0.0213 3.3000e0043.4000e0033.4000e0033.4000e0033.4000e0030.0000 2.7483 2.7483 5.7000e0040.0000 2.7625 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 6.9900e0030.0450 0.0213 3.3000e0043.4000e0033.4000e0033.4000e0033.4000e0030.0000 2.7483 2.7483 5.7000e0040.0000 2.7625 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.6 Paving - 2006
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 6.9000e0049.1000e0046.9800e0030.0000 3.6000e0041.0000e0053.7000e0041.0000e0041.0000e0051.0000e0040.0000 0.3951 0.3951 6.0000e0055.0000e0050.4104 Total 6.9000e0049.1000e0046.9800e0030.0000 3.6000e0041.0000e0053.7000e0041.0000e0041.0000e0051.0000e0040.0000 0.3951 0.3951 6.0000e0055.0000e0050.4104 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 6.9900e0030.0450 0.0213 3.3000e0043.4000e0033.4000e0033.4000e0033.4000e0030.0000 2.7483 2.7483 5.7000e0040.0000 2.7625 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 6.9900e0030.0450 0.0213 3.3000e0043.4000e0033.4000e0033.4000e0033.4000e0030.0000 2.7483 2.7483 5.7000e0040.0000 2.7625 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 31 Date: 9/21/2021 10:21 AM Carballo Apartments - Business as Usual - Fresno County, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied