CITYOF MENDOTA
,,Cantaloupe Center Of The World"
ROLANDO CASTRO
Mayor
.IE,SUS MENDOZA
Mayor Pro Tem
JOSE ALONSO
JOSEPH R. RIOFRIO
OSCAR ROSALES
AGENDA
MENDOTA CITY COUNCIL
Regular City Council Meeting
CITY COUNCIL CHAMBERS
643 QUINCE STREET
July 26,2022
6:00 PM
CRISTIAN GOT\ZALE,Z
City Manager
.IOHN KINSE,Y
City Attorney
The Mendota City Council welcomes you to its meetings, which are scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated. Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda. Please turn your cell phones on vibrate/off 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 I a.m. y las 5 p.m. de lunes a viernes. La notificaci6n de al menos veinticuatro horas antes de la reuni6n permitirii al personal adoptar las disposiciones necesarias para garantizar su participaci6n en la reuni6n.
CALL TO ORDER
ROLL CALL
FLAG SALUTE
INVOCATION
FINALIZE THE AGENDA
1. Adjustments to Agenda
2. Adoption of final Agenda
PRESENTATION
1. Council to recognize Jenny Ramos for her service to the community
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 to THREE (3) MINUTES. Please give the completed form to the City Clerk prior to the start of the meeting. All speakers 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 Counci! Agenda 1 July 26,2022
643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDD/TTY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) Gi.mendota.Ga.us
The City ol Mendota is an equal opportunity prouider and employer
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1 2
Minutes of the regular City Counci! meeting of July 12,2022 Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.
CONSENT CALENDAR
Matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. lf discussion is desired, that item will be removed from the Consent Calendar and will be considered separately.
JULY 6, 2022 THROUGH JULY 19, 2022
WARRANT LIST CHECK NOS.51959 THROUGH 52028
TOTAL FOR COUNCIL APPROVAL - $449,609.94
Proposed adoption of Resolution No. 22-44, concerning Local Transportation Purpose Funds (Measure "C" Extension Funds).
Proposed adoption of Resolution No. 22-45, approving the quotation provided by Lighthouse Electrical, lnc. for a new 40O-kilowatt diesel standby generator for the Water Treatment Facility and authorizing its purchase and installation.
Proposed adoption of Resolution No. 22-47, supporting the Measure C Renewal Expenditure Plan.
BUSINESS
Council discussion and consideration of the color options of tire-derived product for its installation at all Citywide sites.
a. Receive report from Finance Director Banda
b. lnquiries from City Councilto staff
c. Mayor Castro opens floor to receive any comment from the public d. City Council provides direction to staff on how to proceed 1 2
3 4
1 City Council Agenda 2 July 26,2022
2. Council discussion and consideration of Resolution No. 2246, (1) Calling for and ordering a Special Municipal Election to be consolidated with the regularly scheduled General Municipal Election to be held on November 8,2022, to present to voters a measure to establish the Mendota General Transactions and use tax of 1.25o/o, as required by the provisions of the laws of the State of California; (2) Requesting the Board of Supervisors of the County of Fresno to consolidate the special municipal election with the Statewide General Election to be held on the same date; (3) Requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk/Registrar of Voters to render specified services to the City of Mendota related to the conduct of the Special Municipal Election; (4) Approving the proposed ballot measure description; and (5) authorizing the City Attorney to prepare the impartial analysis for the proposed ballot measure. a. Receive repoft from City Clerk Garcia and Finance Director Banda b. lnquiries from City Council to staff
c. Mayor Castro opens floor to receive any comment from the public d. Council considers adoption of Resolution No. 22-46
Council discussion and consideration of Ordinance No. 22-03, adding Chapter
3.14 to Title 3 of the Mendota lvlunicipal Code to Enact a Mendota General Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration.
a. Receive report from City Clerk Garcia and Finance Director Banda b. lnquiries from City Council to staff
c. Mayor Castro opens the floor to receive any comment from the public d. City Council considers introduction and waiver of the first reading of Ordinance No. 22-03 and sefs a public hearing for August 9, 2022
PUBLIC HEARING
Council to hold the Development Agreement Annual Review Hearing for Left Mendota l, LLC.
a. Receive report from City Attorney Knsey
b. lnquiries from City Council to staff
c. Mayor Castro opens the public heaing
d. Once all comment has been received, Mayor Castro c/oses the public heaing
e. City CouncrT discusses Leff Mendota l, LLC's pefformance under the development agreement and provides direction to staff
3 1
City Council Agenda 3 July 26,2022
2. Council discussion and consideration of Ordinance No. 22-02, amending Chapter
12.20 of the Mendota Municipal Code to promote access to City park and recreation faci I ities.
a. Receive report from City Attorney Kinsey
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. Councilconsrders waiving the second reading and adoption of Ordinance No.22-02
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
1. Animal Control, Code Enforcement, and Police Department a) Monthly Reports
2. City Attorney
a) Update
3. City Manager
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
2. Mayor
CLOSED SESSION
1 2
3 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).
CONFERENCE WITH LEGAL COUNSEL _ ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9 (one potential case).
CONFERENCE WITH LABOR NEGOTIATORS
Pursuantto Government Code sections 54954.5, subdivision (f), and 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: American Federation of State, County and Municipal Employees
City Council Agenda 4 July 26,2022
4 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), and 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Unrepresented Management Employees
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 l\Ieeting of July 26,2022, was posted on the outside bulletin board located at City Hall, 643 Quince Street, on Friday, July 22,2022 at 5:00 p.m
este Cabrera-Garci rk
City Council Agenda 5 July 26,2022
Minutes of City Council Meeting 1 July 12, 2022
MINUTES OF MENDOTA
REGULAR CITY COUNCIL MEETING
Regular Meeting July 12, 2022
Meeting called to order by Mayor Castro at 6:01 p.m.
Roll Call
Council Members Present: Mayor Rolando Castro, Mayor Pro Tem Jesus Mendoza and Councilors Jose Alonso, Joseph
Riofrio, and Oscar Rosales
Council Members Absent: None
Flag salute led by Police Officer Jurado
Invocation led by Police Chaplain Robert Salinas
FINALIZE THE AGENDA
1. Adjustments to Agenda.
2. Adoption of final Agenda.
Director of Administrative Services/Assistant City Manager Lekumberry announced that an amended agenda had been posted reflecting the two Closed Session items that were stricken out due to the City Manager being absent.
A motion was made by Councilor Rosales to adopt the amended agenda, seconded by Councilor Riofrio; unanimously approved (5 ayes).
PRESENTATION
1. Chief of Police Kevin Smith to introduce Police Officer Joshua Lane and Police Officer Luis Gutierrez Jr.
Minutes of City Council Meeting 2 July 12, 2022
Chief of Police Smith introduced Police Officer Gutierrez and shared his background information.
Officer Gutierrez thanked the City and Council for the opportunity to serve.
The Council congratulated Officer Gutierrez.
Chief of Police Smith introduced Police Officer Lane and shared his background information.
Officer Lane thanked the City and Council for the opportunity to serve.
The Council congratulated Officer Lane.
At 6:19 p.m. Mayor Castro announced that there would be a recess.
At 6:26 p.m. the Council reconvened in open session.
CITIZENS ORAL AND WRITTEN PRESENTATIONS
None offered.
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1. Minutes of the regular City Council meeting of June 28, 2022.
2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.
A motion was made by Councilor Rosales to approve items 1 and 2, seconded by Councilor Riofrio; unanimously approved (5 ayes).
CONSENT CALENDAR
1. JUNE 22, 2022 THROUGH JUNE 30, 2022
WARRANT LIST CHECK NOS. 51925 THROUGH 51958
TOTAL FOR COUNCIL APPROVAL = $325,787.79
2. Proposed adoption of Resolution No. 22-41, approving Amendment 1 to the ITI Self-Service Terminal Services Contract.
A motion was made by Councilor Rosales to approve items 1 and 2 of the Consent Calendar, seconded by Councilor Riofrio; unanimously approved (5 ayes).
Minutes of City Council Meeting 3 July 12, 2022
BUSINESS
1. Council discussion and consideration of Resolution No. 22-42, appointing Voting Delegates for the League of California Cities’ Annual Business Meeting.
Mayor Castro introduced the item and City Clerk Cabrera-Garcia provided the report.
Discussion was held on the item.
A motion was made by Mayor Pro Tem Mendoza to appoint Councilor Alonso as the voting delegate and Councilor Rosales as the alternate voting delegate and adopt Resolution No. 22-41, seconded by Councilor Riofrio; unanimously approved (5 ayes).
2. Council discussion and consideration of Ordinance No. 22-02, amending Chapter
12.20 of the Mendota Municipal Code
Mayor Castro introduced the item and City Attorney Kinsey provided the report.
Discussion was held on the item.
Council consensus was reached to introduce and waive of the first reading of Ordinance No. 22-02 and set the public hearing for July 26, 2022.
PUBLIC HEARING
1. Council to hold the Development Agreement Annual Review Hearing for Boca Del Rio Agriculture LLC.
Mayor Castro introduced the item and City Attorney Kinsey provided the report.
Discussion was held on the item.
Dustin Moore (Boca Del Rio Agriculture LLC) – provided information about its business.
Discussion was held on the item.
At 7:02 p.m. Mayor Castro opened the public hearing, and seeing no one willing to comment, closed it within the same minute.
Discussion was held on the item.
At 7:04 p.m. Councilor Rosales left the Council Chambers and returned at 7:05 p.m.
2. Council to hold the Development Agreement Annual Review Hearing for Odyssey Agricultural Development LLC.
Minutes of City Council Meeting 4 July 12, 2022
Mayor Castro introduced the item and City Attorney Kinsey provided the report.
Discussion was held on the item.
At 7:05 p.m. Councilor Riofrio left the Council Chambers and returned at 7:06 p.m.
Alex Freedman (Odyssey Agricultural Holdings LLC) - provided a presentation and information on the project.
Discussion was held on the item.
At 7:28 p.m. Mayor Castro opened the public hearing, and seeing no one willing to comment, closed it within the same minute.
3. Council discussion and consideration of Resolution No. 22-43, adopting the First Amended Groundwater Sustainability Plan for portions of the Delta-Mendota Subbasin.
Mayor Castro introduced the item and City Attorney Kinsey provided the report.
Discussion was held on the item.
Chris White (San Joaquin River Exchange Contractors Water Authority) – provided information on the item.
Discussion was held on the item.
At 7:50 p.m. Mayor Castro opened the public hearing, and seeing no one willing to comment, closed it within the same minute.
A motion was made by Councilor Rosales to adopt Resolution No. 22-43, seconded by Councilor Riofrio; unanimously approved (5 ayes).
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
1. Finance Director
a) Grant Update
b) Budget Update
Finance Director Banda provided an update on various grant projects, and the status of various grant applications.
Discussion was held on the various projects and grant applications.
Finance Director Banda provided the 4th quarter budget update.
Minutes of City Council Meeting 5 July 12, 2022
Discussion was held on the budget update.
2. City Engineer
a) Update
City Engineer Osborn provided his report including the status of various engineering projects, planning projects, grant applications, and development projects.
Discussion was held on the status of local street projects that are planned; upcoming Caltrans projects; and issues related to housing.
3. City Attorney
a) Update
City Attorney Kinsey commented on the Closed Session items.
4. City Manager
Director of Administrative Services/Assistant City Manager Lekumberry provided the report for City Manager Gonzalez including the status of the honor wall at the sports fields; the status of the Belmont Estates housing development; that inspections are being conducted via Facetime; the status of the Pool Park Improvement project; and the status of the repairs for the splash park.
Discussion was held on the construction at the former Star Market location.
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
Councilor Alonso congratulated Chief Smith for his victory at the Firebaugh Derby event; reported on illegal fireworks being used in the community; and congratulated Danny Trejo.
Councilor Riofrio provided an update on Covid-19.
Councilor Rosales congratulated Chief Smith for his victory at the Derby event, and shared information about the upcoming golf tournament event.
Mayor Pro Tem Mendoza congratulated Chief Smith for his victory at the Derby event, and requested additional patrol throughout the community.
2. Mayor
Mayor Castro commented on past and upcoming events, and code violations throughout the City.
Minutes of City Council Meeting 6 July 12, 2022
CLOSED SESSION
1. 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).
2. 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: American Federation of State, County and Municipal Employees
3. 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: Unpresented Management Employees At 8:34 p.m. the Council moved into closed session.
At 9:47 p.m. the Council reconvened in open session and City Attorney Kinsey stated that in regard to item 1 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 9:47 p.m. by Mayor Castro, seconded by Councilor Alonso; unanimously approved (5 ayes).
_______________________________
Rolando Castro, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk
CITY OF MENDOTA
CASH DISBURSEMENTS
7/6/2022-7/19/2022
CK# 51959-52028
Date Check # Check Amount Vendor Department Description July 6, 2022 51959 $ 128,370.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 6/20/2022 - 7/3/2022
July 6, 2022 51960 $ 19,261.56 BANKCARD CENTER GENERAL-WATER-SEWER CREDIT CARD PURCHASES 5/24/2022-6/23/2022
July 12, 2022 51961 $ 193.98 GERARDO VACA GENERAL
PER DIEM & HOTEL STAY 7/12/22-BACKGROUND CHECK EMPLOYEE July 12, 2022 51962 $ 1,296.02 AT&T MOBILITY GENERAL
POLICE DEPARTMENT CELL PHONE SERVICES 5/12/22-6/11/22
July 12, 2022 51963 $ 146.02 COLONIAL LIFE GENERAL
LIFE INSURANCE PREMIUM FOR JUNE 2022
July 12, 2022 51964 $ 57,949.61 PG&E
GENERAL-WATER-SEWERSTREETS-AIRPORT
WATER DEPARTMENT UTILITIES 5/13/22-6/12/22 AND CITYWIDE UTILITIES 5/10/2022-6/8/2022
July 13, 2022 51965 $ 14.63 U.S. TREASURY GENERAL
2ND QTR-PATIENT CENTER OUTCOMES RESEARCH FEE(5.5)
July 14, 2022 51966 $ 325.20 ADT SECURITY SERVICES GENERAL-WATER-SEWER SECURITY SERVICES 7/11/22-8/12/22 FOR CITYHALL, DMV & EDD July 14, 2022 51967 $ 5,971.04 AMERITAS GROUP GENERAL
DENTAL & VISION INSURANCE FOR THE MONTH OF AUGUST 2022
July 14, 2022 51968 $ 7.04 AUTOZONE, INC. GENERAL
(1) COMM HALOGEN CAPSULE BULB- PD UNIT #85
July 14, 2022 51969 $ 495.35 COMCAST BUSINESS GENERAL
FRESNO COUNTY SHERIFF TO MENDOTA PD CIRCUIT- JULY 22
July 14, 2022 51970 $ 200.00 CITY OF FRESNO-POLICE DEPARTMENT GENERAL K9 UNIT LEGAL UPDATE 8/10/22 G.VACA & F. RENTERIA (PD)
July 14, 2022 51971 $ 1,101.87 GOVERNMENTJOBS.COM, INC. GENERAL-WATER-SEWER SUBSCRIPTION FEE FOR GOVERNMENTJOBS.COM 6/17/22-6/13/23 July 14, 2022 51972 $ 3,214.00 REGROUP GENERAL-WATER-SEWER REGROUP MASS NOTIFICATION ANNUAL SUBSCRIPTION 9/10/22-9/9/23 July 14, 2022 51973 $ 290.00 SAN JOAQUIN VALLEY AIR WATER ANNUAL PERMIT CUMMINS GENERATOR DRINK WATER FY 22/23
July 14, 2022 51974 $ 21.31 SEBASTIAN GENERAL
SECURITY SERVICES FOR PD 7/1/22-7/20/22
July 14, 2022 51975 $ 150.00 VETERINARY MEDICAL CENTER GENERAL (6) CITY EUTHANASIA FOR ANIMAL CONTROL
July 14, 2022 51976 $ 1,999.81 COMCAST GENERAL-WATER-SEWER CITYWIDE XFINITY PHONE & INTERNET SERVICES 7/6/22-8/5/22 July 14, 2022 51977 $ 2,396.00 ACCREDITED SECURITY GENERAL (4) TASER X26E REFURBISHED MODEL WITH BATTERY & HOLSTER (PD) July 14, 2022 51978 $ 10,522.04 ADMINISTRATIVE SOLUTIONS - FRESNO GENERAL MEDICAL CHECK RUN 6/21/22 & 6/28/22
July 14, 2022 51979 $ 2,629.80 AUTOMATED OFFICE SYSTEMS GENERAL-WATER-SEWER COPY MACHINE MAINTENANCE CONTRACT APRIL AND JUNE 2022 (CITY
HALL & PD)
July 14, 2022 51980 $ 691.02 AT&T GENERAL-WATER-SEWER
CITYWIDE TELEPHONE SERVICES 5/25/22-6/24/22
July 14, 2022 51981 $ 150.00 MADERA DISPOSAL SYSTEMS INC. GENERAL ANIMAL CONTROL TONS (15)
July 14, 2022 51982 $ 900.00 BAR PSYCHOLOGICAL GROUP GENERAL (2) PSYCHOLOGICAL SCREENINGS 2 OFFICERS (PD)
July 14, 2022 51983 $ 333.58 CHEMSEARCH SEWER
(1) CHERRY FLOW 5 GL & SURCHARGE FEE- WWTP
July 14, 2022 51984 $ 257.40 CINTAS CORPORATION NO. 2 GENERAL-WATER-SEWER
FIRST AID KIT SUPPLIES FOR CITY HALL & PUBLIC WORKS
July 14, 2022 51985 $ 313.40 COOK'S COMMUNICATIONS GENERAL
REMOTE MOUNT KIT & REPROGRAM RADIOS WITH NEW DATA (PD)
July 14, 2022 51986 $ 972.00 DEPARTMENT OF JUSTICE GENERAL (15) BLOOD ALCOHOL ANALYSIS FOR MAY 2022, (3) FINGERPRINT APPS (2) FINGERPRINT FBI- JUNE 2022 (PD)
July 14, 2022 51987 $ 200.00 ECN POLYGRAPH & INVESTIGATIONS GENERAL (1) POLYGRAPH 1 OFFICER (PD)
July 14, 2022 51988 $ 504.00 FRESNO MOBILE RADIO INC. GENERAL (36) POLICE DEPARTMENT RADIOS SERVICES- JUNE 2022
July 14, 2022 51989 $ 180.00 INSYARATH, KHAMPHOU GENERAL MONTH OF JUNE- 2022 STATS FOR POLICE DEPARTMENT
July 14, 2022 51990 $ 84.00 KERWEST NEWSPAPER GENERAL-WATER-SEWER (4) HELP WANTED ADMINISTRATIVE ASSISTANT AD
July 14, 2022 51991 $ 1,422.31 KOPPEL & GRUBER CFD-L & LMD CFD NO. 2006-1 (POLICE & FIRE) ADMIN. FEE APR-JUNE 2022, L&LMD DISTRICT NO. 2019-1 ADMIN. FEE APRIL-JUNE 2022
July 14, 2022 51992 VOID
July 14, 2022 51993 $ 1,833.59 METRO UNIFORM GENERAL-WATER-SEWER (1) MENS SH SL SHIRT (2) SHLDR PATCH (1) PANT, (3) WOMANS PANT(1) LONG SLV (2) SHORT SLV SHIRT (PD)
July 14, 2022 51994 $ 90.00 NAVIA BENEFIT SOLUTIONS GENERAL (40) BASE MONTHLY FEE (6) PARTICIPANT FEE (PD)
CITY OF MENDOTA
CASH DISBURSEMENTS
7/6/2022-7/19/2022
CK# 51959-52028
July 14, 2022 51995 $ 994.46 OFFICE DEPOT GENERAL-WATER-SEWER OFFICE SUPPLIES- 2000+ SELF INK SIGNATURE STAMP, (2) 2IN CLIP BINDER LAGER 12BX, STAPLER & STAPLES (1) KEYBOARD
July 14, 2022 51996 $ 5,073.76 PLATT ELETRIC SUPPLY STREETS (1) ATA LED 22 WATT LED POWER, (1) HOLOPHANE LOT RELEASE 1 C/O, (6) LMK LAS45S ADJ. LUMEN, (6) SHORTING PLUG,12, SG
July 14, 2022 51997 $ 6,288.39 RAMON'S TIRE & AUTO SERVICE, INC.
GENERAL-WATER-SEWERSTREETS-L& LMD
J.D LOUDER 544 J #65 BOOT PATC, TIRE REPAIR LEFT FRONT, JOHN DEERE BACKHOE 310SL- SUP TRAC LOAD, VALVE STEM
July 14, 2022 51998 $ 32,181.50 RRM DESIGN GROUP GENERAL-WATER-SEWER CITYHALL & PD STATION CONSTRUCTION DOCS. 4/18/22 & 6/20/22 July 14, 2022 51999 $ 9.09 SEBASTIAN GENERAL
SECURITY SERVICES FOR PD 6/21/22-6/30/22
July 14, 2022 52000 $ 535.00 MARK ANTHONY DUARTE GENERAL-WATER-SEWER PEST CONTROL SERV. CITYHALL/DMV/YOUTH CENTER, WWTP, PW, PD 5/24/22, ROJAS PIERCE PARK-TREAT GROUNDS FOR GOPHERS
July 14, 2022 52001 $ 1,864.78 THE HOME DEPOT PRO GENERAL-WATER-SEWER (3) DEB FOAM SOAP, (8) PINE-SOL, (8) SWIFFER DUSTER, (5) RENOWN LNR 38X58 1.5ML BLK 10/RO, (8) RENOWN LNR 38X58
July 14, 2022 52002 $ 1,473.61 TRIANGLE ROCK PRODUCTS, LLC STREETS HMA-SP-A 1/2"64-10 AGG & ASPHALT SPEED HUMPS KATE ST, ST 3/8 CM 3000 AGG & ASPHALT-POTHOLES THROUGHOUT CITY
July 14, 2022 52003 $ 160.46 UNIFIRST CORPORATION GENERAL-WATER-SEWER (6) 4X6H COM MATS,(3) BOWL CLIPS, MOP, TERRY CLOTHS
July 14, 2022 52004 $ 825.44 VULCAN MATERIALS COMPANY STREETS ST 1/2HMA TYPE A AGG & ASPHALT SPEED HUMPS ON LOLITA ST July 14, 2022 52005 $ 609.99 WESTAMERICA BANK GENERAL-WATER-SEWER JEEP CHEROKEE LOAN PAYMENT- AUGUST 2022
July 19, 2022 52006 $ 333.86 CHEMSEARCH SEWER
(1) CHERRY FLOW, 5 GL, NAC FE (1) FUEL SURCHARGE
July 19, 2022 52007 $ 455.48 CROWN SERVICES CO. GENERAL-SEWER TOILET 1XWK 1000 AIRPORT BLVD (PD) JULY-2022, TOILET W/SINK 1XWK WWTP JULY-2022, TOILET 1XWK BASS AVE (POOL PARK)
July 19, 2022 52008 $ 12,500.00
EMPLOYER DRIVEN INSURANCE SERVICES
INC. GENERAL
BENEFIT CLAIM INITIAL DEPOSIT
July 19, 2022 52009 $ 1,166.25 iCAD INC. WATER
PRISON FLOW METER #24973
July 19, 2022 52010 $ 6,998.00 JOHN'S CONSTRUCTION CLEAN UP GENERAL WEED ABATEMENT 1067 PUCHEU 013-201-14 ,1055 OLLER 013-152-02, 1061 OLLER ST 013-162-02S, 843 LOLITA & 640 DERRICK
July 19, 2022 52011 $ 16,000.33 PG&E WATER-SEWER-STREETS WATER UTILITIES 7/1/22-7/11/22 & CITYWIDE UTILITIES 7/1/22-7/12/22 July 19, 2022 52012 $ 355.97 UNION PACIFIC RAILROAD COMPANY STREETS PUBLIC ROADWAY ENCROACHMENT AUGUST-2022
July 19, 2022 52013 $ 21.33 FERNANDO VALADEZ WATER
MQ CUSTOMER REFUND FOR LUN0013
July 19, 2022 52014 $ 178.74 OFFICE DEPOT GENERAL-WATER-SEWER (1) HP90A LASERJET PRINTER TONER
July 19, 2022 52015 $ 63,970.00 SIGNATURE PUBLIC FUNDING WATER-SEWER
SOLAR GENERATING FACILITIES & INTEGRATED SWITCH VFD
July 19, 2022 52016 $ 202.09 VERIZON WIRELESS GENERAL-WATER-SEWER CITY WIDE CELL PHONE 7/1/22-7/6/22
July 19, 2022 52017 $ 43.80 AIRGAS USA, LLC WATER
(1) RENT CYL IND SMALL CARBON DIOXIDE 6/1/22-6/30/22
July 19, 2022 52018 $ 163.91 CORELOGIC INFORMATION GENERAL-WATER-SEWER REAL QUEST SERVICES FOR 6/1/22-6/30/22
July 19, 2022 52019 $ 553.13 ECS HOUSE INDUSTRIES, INC. SEWER (4) RESERVOIR, STAR 60CC W/ GREASE & 120CC, BATTERY PACK July 19, 2022 52020 $ 15,157.41 iCAD INC. WATER-SEWER
(12) SERVICE WORK & 224 MILES TRAVEL- WTP, 7665T SVX-9000 EATON
DRIVE WASTE WATER & MATERIALS
July 19, 2022 52021 $ 3,642.50 JOHN'S CONSTRUCTION CLEAN UP GENERAL WEED ABATEMENT 731 JUANITA 013-075-11, 7TH & JUANITA 013-075-13S, 607 S KATE 013-086-14, 1099 7TH ST &, 761 QUINCE ST
July 19, 2022 52022 $ 451.00 LIGHTHOUSE ELECTRICAL INC. WATER (3) HRS SERVICE WORK (1) TOOL ALLOWANCE, 66 MILES TRAVEL- WTP July 19, 2022 52023 $ 27,154.97 PG&E WATER-SEWER-STREETS WATER UTILITIES 6/10/22-6/30/22 & CITYWIDE UTILITIES 6/11/22-6/30/22 July 19, 2022 52024 $ 2,408.50 PROVOST & PRITCHARD GENERAL MENDOTA FARM LABOR APTS JULY-2022 PASS-THRU, CES CARBON SEQUESTRATION PROJECT DEC.2021 PASSTHRU
July 19, 2022 52025 $ 75.00 TRANSUNION RISK AND ALTERNATIVE GENERAL LAW ENFORCEMENT SEARCH SERVICES 6/1/22-6/30/22
July 19, 2022 52026 $ 775.10 VERIZON WIRELESS GENERAL-WATER-SEWER CITY WIDE CELL PHONE 6/7/22-6/30/22
July 19, 2022 52027 $ 558.50 WANGER JONES HELSLEY PC ATTORNEYS GENERAL-SEWER SPECIAL LEGAL SERVICES THRU 5/15/2022
July 19, 2022 52028 $ 1,941.01 WESTAMERICA BANK GENERAL
POLICE DEPARTMENT VEHICLE LOAN PAYOFF
$ 449,609.94
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: IN THE MATTER CONCERNING LOCAL TRANSPORTATION PURPOSE FUNDS (MEASURE “C” EXTENSION FUNDS)
DATE: JULY 26, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-44, in the matter concerning Local Transportation Purpose Funds (Measure “C” Extension Funds)?
BACKGROUND
The Transportation Development Act (TDA) of 1971 provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans. This funding is allocated by the California Department of Tax and Fee Administration., which takes the amount of sales tax collected and returns the general sales tax revenue to the Council of Fresno County Governments. They in turn, allocate it to each city in the County of Fresno based on population for the projects that were budgeted for the 2022-2023 fiscal year.
ANALYSIS
The attached resolution, certification and claim forms for each applicable funding program are routine and required by the Fresno County Transportation Authority in order to receive the funding for Measure C Pass-Through Funds. With the funding provided by Fresno County Transportation Authority, the City of Mendota is able to fund street projects approved during the budget for each fiscal year.
FISCAL IMPACT
$516,000.00 to the City of Mendota Measure “C” Fund.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-44, in the matter concerning Local Transportation Purpose Funds (Measure “C” Extension Funds).
Attachment(s):
1. Resolution No. 2022-06, in the matter of Fresno County Transportation Improvement Act California Public Utilities Code Section 142257 – Retail Transactions and Use Tax Funds for Extension Local Transportation Purposes Pass-Through Projects and Programs for FY 2022-23
2. Measure “C” Extension Local Transportation Pass-Through Revenues Certification and Claim for FY 2022-23 – Street Maintenance
2 3. Measure “C” Extension Local Transportation Pass-Through Revenues Certification and Claim for FY 2022-23 – ADA Compliance
4. Measure “C” Extension Local Transportation Pass-Through Revenues Certification and Claim for FY 2022-23 – Flexible Funding
5. Resolution No. 22-44
Measure C Extension Strategic Implementation Plan - Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2022-23
TO: Fresno County Transportation Authority
FROM: City of Mendota Local Agency Name
Address:643 Quince Street, Mendota, CA 93640 Contact: Cristian Gonzalez, City Manager_ Telephone: (559) 655-3291 x107 _ FAX: (559) 655-4064_ Email Address: [email protected]_
1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG
2. The City of Mendota ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2022-2023 setting 1.26% of $16,882,882 (or $213,419) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass-Through Funding programs and Other Revenue Program Funding
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.
_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:
Title:
Date:
Measure C Extension Strategic Implementation Plan - Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2022-23
TO: Fresno County Transportation Authority
FROM: City of Mendota Local Agency Name
Address:643 Quince Street, Mendota, CA 93640 Contact: Cristian Gonzalez, City Manager_ Telephone: (559) 655-3291 x107 _ FAX: (559) 655-4064_ Email Address: [email protected]_
1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG
2. The City of Mendota ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2022-2023 setting 1.26% of $590,901 (or $7,470) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass-Through Funding programs and Other Revenue Program Funding
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.
_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:
Title:
Date:
Measure C Extension Strategic Implementation Plan - Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2022-23
TO: Fresno County Transportation Authority
FROM: City of Mendota Local Agency Name
Address:643 Quince Street, Mendota, CA 93640 Contact: Cristian Gonzalez, City Manager_ Telephone: (559) 655-3291 x107 _ FAX: (559) 655-4064 _ Email Address: [email protected]_
1. Applicable Funding Program: (Check One)
Regional Public Transit Program
Fresno Area Express
Clovis Transit
FCRTA
PTIS/Transit Consolidation
ADA/Seniors/Paratransit
Farmworker Van Pools
Car/Van Pools
New Technology Reserve
Local Transportation Program
Street Maintenance
ADA Compliance
Flexible Funding
Pedestrian/Trails Urban
Pedestrian/Trails Rural
Bicycle Facilities
Regional Transportation Program
Fresno Airports
Alternative Transportation Program
Rail Consolidation Subprogram
Environmental Enhancement Program
School Bus Replacement
Transit Oriented Infrastructure for
In-Fill
Administrative/Planning Program
Fresno COG
2. The City of Mendota ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2022-2023 setting 1.53% of $16,972,627 (or $295,111) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (b) Compliance with Steps A and B of the Strategic Implementation Plan (SIP) – Local Agency Pass-Through Funding programs and Other Revenue Program Funding
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures.
_______________________________________________________ Finance Director ________________
ATTACHMENT: Evidence of Formal Action for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on: __________________________ Authorized Signature:
Title:
Date:
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-44
OF THE CITY OF MENDOTA IN THE
MATTER CONCERNING LOCAL
TRANSPORTATION PURPOSE FUNDS
(MEASURE “C” EXTENSION FUNDS)
WHEREAS, the City of Mendota is an eligible claimant of funds for Measure C Extension Local Transportation Pass-Through Projects and Program Funds pursuant to California Public Utilities Code section 142257; and
WHEREAS, the Fresno County Transportation Authority has adopted Resolution No. 2022-06 designating Apportionments for FY 2022-2023 Measure C Extension Local Transportation Pass-Through Projects and Program Funds, and setting the City of Mendota’s percentages at the following:
• 1.26% of $16,882,882 (or $213,419) for the Local Transportation Program, Local Allocation – Street Maintenance Category sub-program • 1.26% of $590,091 (or $7,470) for the Local Transportation Program, Local Allocation – ADA Compliance sub-program
• 1.53% of $16,972,627 (or $295,111) for the Local Transportation Program, Local Allocation – Flexible Funding Category sub-program Which shall be the proportionate share of Measure C Extension Local Transportation Pass-Through Projects and Program Funds that the City shall be entitled within the fiscal year; and
WHEREAS, the City of Mendota wishes to claim these available Measure C funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota as follows:
1) The City of Mendota hereby submits its Local Transportation Purposes Certification and Claims for Fiscal Year 2022-2023 Measure C Extension Local Transportation Pass-Through Projects and Program Funds. 2) The City of Mendota hereby requests the release of funds to the City on a monthly payment basis consistent with the adopted percentages listed above, based on actual receipts.
3) The City Council of the City of Mendota further certifies:
2 a) That Local Transportation Purpose Funds will not be used to substitute for property tax funds which the City of Mendota had previously used for local transportation purposes; and
b) That the City of Mendota has and will segregate property tax revenues used to support local transportation purposes so that verification of non-substitution can be proved through audit; and c) That the City of Mendota shall separately account for Local Transportation Purposes Funds received, pursuant to Public Utilities Code section 142257. The City of Mendota shall maintain records in accordance with generally accepted accounting principles, shall separately record expenditures for each type of eligible purpose, shall file a separate claim form for each subprogram allocation, and the City shall make such records available to the Authority for inspection or audit at any time; and d) The City of Mendota shall complete the reporting requirements no later than November 15, 2022, when claim forms are submitted. 4) The City of Mendota understands that should a financial or compliance audit reveal that the City of Mendota violated any of the requirements set forth in paragraph 3 (a) (b) or (c), that the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures.
5) The City Council of the City of Mendota hereby authorizes the City Manager and Finance Director to submit and execute any and all related documents necessary to claim the Measure C funds available to the City.
______________________________
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 26th day of July, 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: JERONIMO ANGEL, CHIEF PLANT OPERATOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: WASTE TREATMENT FACILITY BACK UP GENERATOR PURCHASE DATE: JULY 26, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-45, approving the quotation provided by Lighthouse Electrical, Inc. for a new 400-kilowatt diesel standby generator for the water treatment facility and authorizing its purchase and installation?
BACKGROUND
At the City’s water treatment plant there is currently a 200-kilowatt backup generator that has lived out its cycle of use and it is undersized for the current water treatment operation. The existing generator is more than 20 years old, and it is a 200-kilowatt rated generator. Throughout the years the City has expanded the water treatment operation and in order to continue to grow a larger capacity backup generator of 400 kilowatts is needed. A backup generator is designed to activate when there is a power outage to ensure that high quality water remains available both for residents and for firefighting needs. The council approved funds in the current budget to replace the generator, and staff in presenting the estimates received for council consideration.
ANALYSIS
Staff reached out to several vendors but only received two estimates. Both estimates address our needs and are as follows:
Two quotes were received.
1. Lighthouse Electric $242,200.00
2. Global Power Supply LLC $257,369.87
The quote provided by Lighthouse Electric is the apparent lowest, responsible bidder.
FISCAL IMPACT
A total of $242,200.00 from the Water account will be expended for the project. These funds were approved in the 2022-2023 fiscal year budget.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-45, approving the quotation provided by Lighthouse Electrical, Inc. for a new 400-kilowatt diesel standby generator for the water treatment facility and authorizing its purchase and installation. 2 Attachment(s):
1. Quotes from both companies
2. Resolution No. 22-45
LIGHTHOUSE
3585 E. Date Avenue
Fresno, CA 93725
Office (559) 498-3017
Fax (559) 498-0292
www. I ighthouseelec. com
Lic# 871256
PWC# 1000024650
Scope #17808A
6123/2022
City of Mendota
643 Quince Street
Mendota, CA 93640
ATTN: Jerry Angel
At this time, Lighthouse Electrical lnc (LEl) is pleased to submit for your review and approval its scope to provide electrical installation services for (1) New Standby Generator.
I. Referenced Information
A. Site meeting on O6lL3l2O22
II. Scope of Proposal
A. Demo (t) existing 200kW standby generator.
B. Remove (1) existing 400A circuit breaker.
C. Furnish and install (1) 600A circuit breaker.
D. Furnish and install conductors for (U 600A circuit.
. Existing conduit will be utilized.
E. Furnish and install (L) 400kW diesel standby generator.
Ill.Assumptions & Qualifi cations
A. LEI standard insurance will apply; the cost for additional insurance requirements will be in addition to this quote.
B. This project quote is based on a regular-schedule prevailing-wage labor charge and does not include overtime.
C. LEI will be provided with schedules of any onsite work being performed by others to ensure adequate time to schedule its crew and work.
D. Existing ATS will be utilized.
E. Any changes to the reference information after the acceptance of this quote wil! be considered a change order.
F. Necessary welding on equipment or structures will be the responsibility of others.
G. Modifications to any underground utilities or obstructions will be the responsibility of others.
H. LElwill provide manufacturer drawings and datasheets for submittals. Any modifications to standard documentation or manufacturing will result in additional costs. l. Onsite startup provided by generator manufacturer.
J. Voltage verification will be completed for all LEI-provided connections.
K. lf overtime is required due to customers or other trades' delays, the customer will be responsible for the overtime charges.
LECTRICAL
e*ffisr
_0-17808A
612312022
Scope 17808A - Page# 1 of 2
I
l-
Iv.lob Specifications
A. Material specifications are as follows:
L. N/A
V. Not Provided
A. Any additional services or materials.
B. Any standby time due to equipment malfunction, project scheduling, equipment, or materials provided by others, etc., will be in addition to this quotation.
C. Mounting, installation, or commissioning of any sensors or instruments unless otherwise noted above. LEI's responsibility is limited to single point termination and electrical validation for these devices.
D. Mechanical installations.
E. Temporary Power.
F. Any work which is not normally provided by a C-10 License holder.
G. Trenching, excavation, all backfill, and/or compaction testing.
H. All Concrete, housekeeping pads, light pole bases, duct bank, rebar, or any flatwork. l. Connection to any other equipment or networks.
J. The cost associated with expediting material deliveries.
K. Bonding, Permits, and Fees.
L. Air pollution permits.
M. Drawings for installations beyond manufacturer-provided or unless mentioned explicitly in this scope.
N. Hard Copies of submittals and O&M manuals. Only digital copies will be provided.
O. Seismic or architectural calculations or drawings.
P. Professional Stamped Engineering requested for permits.
Q. Requested overtime.
This document and the informotion contained within are considered the intellectuol property of Lighthouse Electricol, lnc. ond issued in strict confidence. tt shall not be copied, reproduced, or distributed without the express written permission of Lighthouse Electrical, lnc.
We appreciate your interest in our organization and its abilities and look forward to working with you on this project. lf you should have any questions or require any additional information, please do not hesitate to call.
Regards,
Stephen Redman
krs#E/ 612312022
Scope 17808A - Page# 2 of 2
_0_17808A
LIGHTHOUSE
LECTRICAL
FIXED PRICE QUOTATION
3585 E. Date Avenue
Fresno, CA 93725
Office (5s9) 498-3017
Fax (559) 498-0292
www. I ighthouseelec.com
Lic# 871255
PWC# 1000024650
FIXED PRICE QUOTATION # L78O8A
612312022
612312022
FIXED PRICE QUOTATION 17808A - Page# 1 of 3
Conditions:
o This is a lump-sum fixed price quotation that includes any applicable sales tax. o This quote is based on the current costs of equipment and materials. After acceptance ofthis quote, any cost increase due to excessive inflation rates, taxes/tariffs, and/or increased costs for shipping would be the responsibility of the customer' o Submittals will be given to the customer 4-6 weeks after receipt of the order and approval of credit terms. The items will be ready for pickup or shipment 40+ week from the approval of submittal drawings. Due to current supply shortages, this is only an estimate and can be impacted by backlogs and product availability.
. Any standby time due to equipment malfunction, project scheduling; equipment, or materials provided by otherc, etc., will be in addition to this quotation.
r All work will be performed M-F, 7 am - 3:30 pm.
r Any buyer requested overtime will be an additional cost. r The existing system is expected to be correct and operable. Troubleshooting of the existing system will be in addition to this proposal. . Any additional hardware or services will be in addition to this proposal. This includes but is not limited to control or communication to any other devices not listed here.
o lf a formal contract is its conditions must not deviate from this without LEI's written fg#e#r
_0_17808A
Bill: Ciry of Mendota
643 Quince Street
Mendota, CA 93640
ATTN: Jerry Angel
Ship: City of Mendota
543 Quince Street
Mendota, CA 93640
ATTN: Jerry Angel
Provide materials in accordance with Lighthouse Electrical Scope L7808A.
Provide services in accordance with Lighthouse Electrical Scope L7808A' Unit Gost
Lumpsum Total
$242,200
Qtv
1 1
flmsun1
$201 ,200
$+t,000
35o/o at acceptance (Net 30)
35o/o at mobilization (Net 30)
30o/o at completion of scope items (Net 30)
Terms:
This quotation constitutes an offer to sell which expressly limits acceptance incorporated into this ogreement os though fuily set forth herein. Subiect to to the Standard Terms and Canditions which ore by reference opprovat of Buyer's credit worthiness and return of this Agreement with Buyer's signature qnd Purchase Order number.
Buyer:
City of Mendota
643 Quince Street
Mendota, CA 93640
ATTN: Jerry Angel
By:
Date:
PO#:
Seller:
Lighthouse Electrical
I nc.
3585 E. Date Ave.
Fresno, CA 93725
pYk
By:
Date: 612312022
.-1
Description
Standard Terms and Conditions:
unhss authorized in writirg by Seller.
defined intheapplhabledoormenutim; (b)ouside ilsarcaof opertise; or(c)invilaion of arryapplizblela6 codes,orreguhixts wiBintresoopeof seniEsmustbe inwrfirgand apprured bybohSdlerand Buyerbefureimdernentation.
PAYlrlENfIERtvlt Ur{essotrerulise noEd htrbdmrment,thistrrbbced uponstildard idustyternsof rret3o. Net45&60termsarearaibHeatan increased oost penaltytoSefler.
omdeed tothe date of Efiytination of fibAgleemert
Brlp/s aol.rttwi0rSdler beornes pastdre.
eitrer imdied orelpressed.
withinoreyearof ornplAion ofthiswork fuyeragl€estopaysdleranamorntequalborctjmesthe anplqpe'sanntnlizedsabry. maBiabforthe BqFds internal purpcesonV.
dthe partir.rhrservirsand nrateriabuponwtriithedaim ordarn€eb baed, regardlessdthe lealoreqtiubletheoryuponwhhthecbim ordanEce bbased. servb and maEdab *pplied underth'E A€reertent
orimplied, m beluf oftheofterpartY.
wdtEn ororal.ThbAgrcenrertmaybeamendedor*ybyawitten insfument*ned bybdt BtJFrardSe{er. cHolcEoF LAWVENUE.Glifomia lar rshallgpiErntlEEmsd$bAereernent lnanyclpucorcrthbAgreernert the\renuewillbe Fresmcounty, calhrnia. contractors are requlred by law to be licensed and regulated by the Contractors' State License Board which has authority to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years ofthe date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Reglstrar, Contractors' State License Board, P.O. Box 2600O Sacramento, CA 95826. ,*s#ss.
_0_17808A
612312022
FIXED PRICE QUOTATION 17808A - Page# 3 of 3
C
Global Power Supply, LLC
136 W. Canon Peldido St. Suite 200
Santa Barbara CA 93101
United States
(805) 683-3828
Sell To
Jerry Angel
City of lvlendota
Mendota CA 93640
phone: (559) 930-9160
fax:
email:
Ship To
Jerry Angel
City of Mendota
Mendora cA 93640
phone: (559) 930-9160
Tax:
email:
Offer to Sell
Mark Paisley
phone: (80$lZq-0682
fax: (805) 683-3823
ema i l: ma rk.paisley@g lobal pwr.com
bomh
Seller
Offer Number Offer Date FOB Terms
GPSQ1124s41 6nna22 Origin Dep 500/o I 50Vo prior to shipment Line Qty Description Unit Price Ext. Price
1 ANA 32OKW SDG4OO
New Airman SDG400S-8E1
Mobile diesel generator
320kW Prime rated
Multi voltage
1 & 3 Phase
60 Hz
Battery charger
Block heater
External fuel tank valve
Sound attenuated enclosure
Isuzu 6WG1X engine
491 Gallon fuel tank
Trailer
Tier 4F
Lead time: In production. Estimated lead time to follow.
Sellers sole & exclusive warranty: Mfg pass through. Warranty statement to follow.
1 1.00 231,331
1 New ASCO
Series 300
400 Amp
480V
4 Pole
NEMA 1
Open transition
Accessory code:
11BE: Adds the followinq features to the Group G controller: (1) Serial RS-485 Modbus C6mmunications (2) Multi-schedule Engine Exerciser (3) a 300 Entry Event Log and (4) a common alarm oulput function. When applied on 3-phaie systems it also enables: (1) 3- .
Phase Emergency Source VLL sensing (2) Phase Rotation Monitoring (3) Emergency Source VLL Unbalance Monitoring.
Lead time: 20 Weeks (after final approval and release to Ma nufactu rer)
Seller sole & exclusive warranty: Mfg pass through. Warranty statement to follow.
4,705.00
3 1 Freight estimate for generator 2,055.00 2,055.00
4 'l rnate r ATS 455.00
Jun 7, 20221 :19:37 PM
ors v2021 .01
1of 4
1 4,705.00
455.00
SCHEDULED DELIVERY DATE: Any delay in scheduled delivery date caused by of reouested bv Buver shall not ch5noe the due date of anv paVments to Sellei. Rll payments due piior to delivery shall be made prior to sihbOuleO delivery date. In the bv6nt Buyer requests or causds a delay in delivery, "nef'terms shall conimence on the scheduled deliv'ery date. Buyer shall piy all costs associated with the delayed delivery, including but notlimited tottorage, hahdling and transpoftation of the eQufpment, - applicable federal, state, and loca'l taxes andbny other iosts incurred by Sbller in mdking further attempts to deliver the equipment. Storage charges:
SubTotal
Tax
$238,546.00
$18,823.87
Grand Total $257,369.87
All funds are to be paid in US Dollars
Up to 500 kW - $500/month
501-1000 kw - $750/month
1 001 -1 999 kW - $1 000/month
2000 kW and above - $1 500/month
All UPS's, ATS's and other miscellaneous equipment - $250/month Buyer shall be invoiced on the first day of tiaih month following the scheduled delivery date.
Offer valid for 15 days. Offer subject to the availability of equipment. Equipment subject to prior sale.
See attached for additional terms and conditions.
If GPS is responsible for shippinq, it is at the discretion of GPS to choose the freight carrier. Buyer shall be responsible for all charges payable on account bf Buyer's shiprir6ntlCes is not liable for any loss or damage or for the acts or omiisions on the part of the carrier. s:L-rio' .t*i':;t$y,';:,T?:",1S.T:i'""#li:33:f":Jllf,[flfi.,:?,s,i?:1-t:[5ffi,$3111?13#"?"i',',y'?'Hl;,,,"..u,.",.,, ,ErdrEr' data' sheets for information on derates.
Notes: GPS is relvino solelv on the information and specifications for the equipment provided by the Customer.
Customei aclnowledqes that the Equipment is of the size, design, capacity and manufadture selected by the Customer and Custorfrer has relied iolely on its own judgment In selticting, re4ing or purcha.sing the Equipment. GPS does not represent or warrant that the Equipment is suitable for any particular purpose or requirement.
Equipment availability is subject to prior sale.
A) Quoted prices include estimated governmental taxes. If applicable, additional taxes will be added to the invoice or will be invoiced separately.
B) This Offer to Sell is based bn the ibove bill of materials only.
C) Offloading equipment is the responsibility of Buyer.
D) Genset Installation is not included.
E) Start up is not included.
fi gatteribs are not included unless specified in the description above..
G) Freight estimate is included. Actua'l charges billed back'in separate invoice. please indicate acceDtance of this Offer to Sell and the attached Terms and Conditions by signing on the signature line below and returhing a copy to the Seller via mail; such as UPS, facsimile or email is acceptable.
Accepted by (Buyer)
)un 7 ,2A221 :1 9:37 PM
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OFFER TO SELL TERMS AND CONDIIIONS
1. The terms and conditions stated herein, together with such terms as are set forth in the attached OFFER TO S.ELL (collectively, the. "Offer") with such specifications or other documents as are incorporated by reference, as amended in any subsequent authorized writinq from Seller,'shall constitute the entire aqreement betweeh Global Fower Supply LLC ("Seller") and Buyer. Any terms contained in Buverts ourchase order received from Buver th5t are in addition to or different from the terms and conditions contained herein are ex5resslv obiected to and shall be deemed reiected bv Seller, unless expresslv accepted in writinq bv Seller. Except as expressly and spbcificalfu ptrmitted herein, in the event that any coiflict exists betwebn thei provilions of this O-ffelr and terms ind conditioni set forth in anv ouichase order. invoiie or other tvoe of instrument Dertainino to the suibiect matter thereof, the provisions of this Offer shall ooveiri and control notwithstandino anv'orovision to the contrary th-at may be cbntained in anv such other instrument. All additional or ilifferino terms from this offer condinei, in anv acceptance or pu-rchase oider shall be deemed material alterations and notice of objectio-n to them is hereby given. Acceptancebf thii Offer mu'st be in writing (including email) by an authorized representative of the Buyer.
2. Unless otherwise specified on the face of the attached OFFER TO SELL, all equipment shall be provided "as is" and" where is" with no warrantv of anv kind whatsoever (exceDt as to title). It is the responsibiliw of Buver to arranqe for all aspects of transportation and delivery, including preparation foi tran'sportation, bssociated with the equipment that is thdsubject ma'tter hereof, all at Buyer's cost and expense.
3. Title and risk of loss shall pass to Buver at the time Seller qives written notice to Buyer of Buyer's right to possession of the equipment or when the equipment is delivered to-Buyer or when Buyer-enters on the premises raihere the equipment is located for the purpo3e of commenci n(; Sirepa ration for transportation.
4. Seller warrants that Buver shall receive oood title to the equipment. It is expressly aqreed that this warranty will be in lieu of all warranties of fitness aid in lieu of the wirranw of merchahtabiliry. Seller makes hobther warranties, express or implied with regard to the equioment hereunder. The equipment is pirrchased by Buyer-"as is" and Seller makes no warranty of merchant- ability or fitness for a oarticdlar ourDose. Anv affirmatioh of fact <ir promises rirad6 bv Seller shall not be deemed to creat-e an express warrarlty that the e<iuioment ihall conforrir to such affirmation oi promise. Buyer dcknowledqes that it alone has determined that the equipment or-irchased hereunder will suitably meet the reqdirements oftheir intendeduse. Unless an additional warranty is specified by Seller on the face of the attached OFFER TO SELL, this is the sole and exclusive warranty provided by Seller to Buyer. If an additional warranty is so specifled. then that warranty is exclusive (except as to title) and in lieu of all other warranties of qualityincluding any warranty of merchantability or fitness for a particular purpose.
5. This Offer (tooether with all attachments and documents incorporated or referenced herein), shall constitute the complete and exclusive statement'ofihe terms and conditions of the Offer between th'e parties with respect to the equipment specified herein, and may hereafter be modified, amended or changed only by a written initru- ment execirted by the dll! authorlzed.representatives of both Darties. No course of 6rior or concurrent-dealinqs between the parties and no usaqe of the trade shall be relevant to supplement or bxolain anv term or ahv oart of anv term leadind to this Offer oi be bindinq or of ahy force or effect. Seller's failure to strktly enforce any teim or cohdition of this'Offer or t-o exercise anV riqht arisinq hereunder shall not constitute a waiver of Seller's right to strictly enforce such terms or conditions or exercise such rightiheieafter. AII rights and remedies under this Offer are cumulative and are in addition to any other rights and remedies Seller may have at law or in equity.
5. This Offer shall be qoverned bv the laws of the State of California, without reqard to conflict of law principles. Sole and exclusive venue - foilnvdisoutesan"sinooutoforrelatedtothisAqreementshall betheSupe?iorCourtofSantaBaibara'California.BuyerandSellereach knowihgly, waives any-right to trial by jury and agiees that any dispute ariiing out of this Offer shall be decided by court trial without a jury.
7. Under no circumstances, and in no event, shall Seller be liable in contract or in tort or under any o_ther legal theory for special punitive, inOirect, iniidental or cohsequential losses, or damages of any kind arising in connection with r5r from arty contratt refulting from this OfferUri Seller or anv action br inaction by Seller in rElation to the transact=ion that is the subject matter of this Offer. Buyer hereby acknovriledoes and a-orees that under no tircumstances, and in no event, as a result of breach of contract or in tort or any action or inaition Uv-setler in r:elation to the transaction that is the subiect matter of this Offer, shall Seller's liability to Buyer exceed a qum equal ro the lowar of (1 ) the difference between the purchase price-herein and the market value gf the equipment; or {2_)_th_e_cost _oJ replacement or'r6pair of the equipment; or (3) the purchase price of the equipment as set forth on'the attached OFFER TO SELL.
8. Unless specified otherwise, on the face of the attached OFFER TO SELL, the terms of payment for the equipment hereunder are net thirty (30) davi from date of invoice. Buver shalt be responsible for and aqrees to pay for all Sales, use, occupation, excise, or other taxes ilijinq'out of the sale of the equifment to Buyer'in addition to the-prices quofed or invoiced. Seller is'not. resp-onsible for obtaining any permfts or licenses relatinq to thei equipment and Seller makes no iepresehtation that the equipment will conform to any bnvironmental, noise, or oiher regulatibns or laws of any kind whatsoever.
9. Buver shall. at its own expense, defend, indemnifv and hold harmless Seller and its officers, directors, agents, representatives and eniolovees, from anv and all claims, liabilities, finils, damaqes, losses and expenses (including attorneys' fees) of any kind whatsoever, iridincf ouiof or resiltino in anv wav. directlyor indirectly,-from Buyer's preparation for tranlport of the equipment, transport of the Eouio-mlni.lnstallation o"f the e'quio'titent. u(e of the equipment, ofany claim for the violation of any applicable local, state or federal law. brder 6r reoulation in conndction with the equipmbnt purchased hereunder, or from any act oi omission of Buyer, its agents, embf ovees or stibcontractors, or anv other actiori by Buyer in relation to the equipment. Thii indemnity shall apply without iegard to rain[ttr'ei tne ctiim is UiseA ori breadh of contract, bieach of warranty, negligerice, strict.liability or othdrtort. Siltlel may have.tb enforce the aqreement Buyer made with Seller notwithstanding the Attorneys Fees paragraph that follows, which aPplles to other clalms arlslng out of the agreem-ent of the parties. This indemnity shall survive delivery and acceptance of the equipment.
10. Attornevs'Fees (California Civil Code section 171D. Should any leqal or equitable proceeding be commenced under, concerning or in relation'to this Offer, includinq without limitation to enforce 5r in-terpret any provision in this Offer, the prevailing party- in such bioCeeOino jfrait Oe bntitGO id recover from the losinq parw all fees, court tosts and expenses of enforiing any rlght oT such prevailing bartv unddr or with resoect to this Offer, includinq witlhbut limitation, such reasonable fees and expenses of attorneys and accountants, Eii[rt wltneis ieeC. titifiition related exbenses, aid other costs incuired in such proceeding, which shall include, without limitation, all fees, coss and exp6nse-s of any post judgment proceedings to collect or enforce any judgment.
11. Warrantv Definitions. For all purposes of this Offer, the followinq definitions shall apply to the warranty terms s-et forth on the face page of the aftached OFFER TO SELL. This paragraph provides definitions only and does not indicate the existence of any warranty. a. Commencement of-warranty period. The warranty period shall commence at the time title and risk of loss pass to Buyer pursuant to paragraph 3 hereof,
Jun 7, 20221:19:37 PM
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b. Reoair or reolacement. This means that Buver's sole and exclusive remedv shall be limited to the repair or replacement, at Seller's ootion. of anv defective oart. Reolacement-is defined as the ohvsical reoldcement of the part or. at Seller's orition, the whole or, at Si:ller'i ootioh. the oavnient to duver of a sum eoual to the ouichase piice of the equipnient as specified on'the face of the attached oFFER Td SELL and'Briver shall refurn defective riart or equipment batk to Seller. A[l rbpair work'shall be performed at a facility desiqnated by Seller. Tiansportation costs to and from the rbpair facility shall be paid by Buyer. If this warranty is applicable, Buyer agrees that the remedy of iepair or replacement is the sole ahd exclusiVe remedy of Buyer. c. Manufacturer or other vendor pass through. This means that Seller will pass through to Buyer any warranty provided for the equipment by the manufacturi:r or vendo-r. Seller will assist Buyer in obtaining information and documentation with respect to said warranry. Buier aqrees that if this warranty is applicable, the s'ole and exclusiVe remedy of Buyer is that Buyer will look exclusively to the nianufacturEr or other vendor for ariy and'all warranty claims. d. Workino condition on transfer of oossession. This means that at the time Buver first installs or tests the equipment and for 24 hours thereafter. it will oerform its ordinarv functions, takinq into consideration tha aqe of the equipment. In no.eVent shall the time of installation or test be later than 30 davs after the Dasslnq of title provided for in-paraqraph 3 hereof. If this warranty is applicable, Buyer agrees that Buyer's sole and extlusive remedy is the return of the equipm'ent ior d full refund of the purchas6 price'. e. No warranw obliqations (except as to title) shall applv to any equipment (1) repaired, modified, or altered without prior approval of Seller; or (2) subj6ct to misuse, abuse, accident, oi in-adequite mdintenance; or (3) based on reasonable wear and tear. )un 7,20221 :19:37 PM
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1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-45
OF THE CITY OF MENDOTA APPROVING
THE QUOTATION PROVIDED BY LIGHTHOUSE
ELECTRICAL, INC. FOR A NEW 400-KILOWATT
DIESEL STANDBY GENERATOR FOR THE
WATER TREATMENT FACILITY AND AUTHORIZING
ITS PURCHASE AND INSTALLATION
WHEREAS, the City of Mendota (“City”) Water Treatment Plant houses a standby generator that is designed to activate when there is a power outage to ensure that high quality water remains available for City residents and for firefighting needs; and
WHEREAS, the condition and size of the existing standby generator is no longer adequate for the current and future needs of the City; and WHEREAS, staff requested proposals from several suppliers, but only received two responses, with Lighthouse Electrical, Inc. being the lowest responsible bidder; and WHEREAS, the City Council allocated and approved funds for the project in the Fiscal Year 2022-2023 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota that the City Council approves the quotation provided by Lighthouse Electrical, Inc. for a new 400-kilowatt diesel standby generator for the water treatment facility and authorizes its purchase and installation.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute such additional documents as may be necessary to effect the work required for the purchase and installation of the new 400-kilowatt diesel standby generator. ______________________________
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 26th day of July, 2022, by the following vote:
2 AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-47
OF THE CITY OF MENDOTA SUPPORTING
THE MEASURE C RENEWAL EXPENDITURE
PLAN
WHEREAS, since 1986, Measure C has provided funds to improve transportation throughout Fresno County, including the City of Mendota (“City”); and WHEREAS, in the 20 years since it was approved by the voters in 2006, Measure C has or will have provided over $600 million in Local Control funding that the cities in Fresno County, and Fresno County itself, have used to improve streets, sidewalks, and other transportation facilities and services; and WHEREAS, Measure C has improved state highways throughout Fresno County, including those used extensively by Mendota residents; and WHEREAS, Measure C provides or will provide nearly $300 million for public transit throughout Fresno County including urban services within the Fresno Clovis metro area, and rural services in the smaller communities and unincorporated areas; and
WHEREAS, currently available funding has not been sufficient to address all critical transportation issues in the City; and
WHEREAS, two committees with broad representation across Fresno County developed a proposed plan to extend Measure C another 30 years; and WHEREAS; on July 7, 2022, the Fresno Council of Governments (“COG”) approved this proposed Expenditure Plan; and
WHEREAS, on July 20, 2022, the Fresno County Transportation Authority (“FCTA”) adopted the Expenditure Plan approved by COG; and WHEREAS, this Measure C Renewal Expenditure Plan, upon approval of the ballot measure by voters, is projected to provide nearly $5 billion over 30 years to the 15 Fresno County cities and Fresno County, itself, for local transportation improvements, as determined by each City Council or the Board of Supervisors; and WHEREAS, the Expenditure Plan is projected to provide over $3.5 billion to fix local roads and repair sidewalks, $812 million for urban and rural public transit, $76 million for safe bikes and pedestrians, $998 million for major roads and highways safety improvements and congestion relief, $144 million for environmental sustainability 2 projects, and over $1.2 billion in Local Control funding for addition street repairs, enhanced transit, additional bike lanes and sidewalks, and many other transportation projects and services; and
WHEREAS, under this Expenditure Plan, the City would receive $53,838,196.00 in direct local transportation funding.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota recognizes the benefits Measure C has brought to Mendota and supports renewing Measure C for an additional 30 years in order to continue to improve transportation facilities and services in the City of Mendota, and in Fresno County as a whole; and
IT IS FURTHER RESOLVED that, by adoption of this Resolution, the City of Mendota approves the Expenditure Plan previously approved and adopted by COG and FCTA, as attached hereto as Exhibit “A.”
______________________________
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 26th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit A
2022
Measure C
Renewal
Expenditure
Plan
final
july 20, 2022
Prepared by
Fresno Council
of Governments
2035 Tulare Street, Suite 201
Fresno, CA 93721
Fresno County
Transportation Authority
2220 Tulare Street, Suite 2101
Fresno, CA 93721
in association with
VRPA Technologies, Inc.
TBWBH Props & Measures
Jeffrey Scott Agency
2 Contents
Introduction 4
Overview 5
The Measure C Renewal Program 5
Measure C Funding Allocations by Program 6
Public Engagement 7
Goals and Guiding Principles 8
Goal #1 8
Goal #2 8
Goal #3 9
Goal #4 9
Goal #5 10
Goal #6 10
Success of the Current Measure C Program 12
Annual Audit of Measure Programs 13
How the Plan was Developed 13
Measure C Renewal Plan Executive Committee
Representative Sectors/Organizations 14
Expected Measure C Proceeds 15
County-wide Priorities of the New Plan 15
Measure C Renewal Expenditure Plan Allocation of Funding by Program 16 Local and Neighborhood Street Repair and Maintenance 17 Local Control 18
Urban and Rural Public Transit 18
Safe Bikes and Pedestrians 19
Major Road and Highways, Safety Improvement And Congestion Relief 19 3 Environmental Sustainability 20
Administration/Planning 22
Compliance with the California Environmental Quality Act 22 Measure C Extension Plan Projects 22
Project Commitments Major Road & Highways,
Safety Improvement and Congestion Relief Program 22
Regional Mobility Program Revenues 23
Program Management 25
Regional Transportation Mitigation Fee (RTMF) Program 25 Tier 1 Urban Projects 27
Tier 1 Rural Projects 30
Tier 1 Urban Project Map 33
Tier 1 Rural Project Map 34
Tier 2 Urban Projects 35
Tier 2 Rural Projects 39
Citizen Oversight Committee 40
Administration 41
Fresno County Transportation Authority Structure
Under the Measure C Renewal Extension Program 41
For More Information 44
Appendix A 45
Draft Measure C Renewal Ballot Language 45
Appendix B 45
Local Program Allocations by Agency 45
4 Introduction
The Fresno County Measure C Renewal
Expenditure Plan was prepared to:
Guide the expenditure of slightly more
than $6.84 billion in transportation
funds generated through continuation of
Fresno County’s half-cent transportation
sales tax over the next 30 years,
if approved by voters in the
November 2022 election.
Fresno County’s current Measure C Program,
voter approved in 2006, expires in June 2027.
This Renewal Expenditure Plan, developed
by an Executive Committee and a Technical
Working Group (TWG) consisting of
approximate 80 individuals representing
diverse community interests (as identified
in Table 1 of this Plan), and local, state and
regional agencies, will address major local
and regional transportation needs in Fresno
County through the Year 2057.
Through a series of public meetings, two public
opinion polls, and thousands of online and inperson surveys, the Executive Committee and TWG thoroughly considered needs identified
by community residents during development
of the Plan. To ensure the Plan addressed
transportation needs of all county residents,
the Committees completed the following tasks:
• Reviewed Measure programs recently passed
in other counties (best practices review).
• Listened to presentations by air quality and
transportation advocates and agencies.
• Considered recommendations
of transportation professionals.
• Heard innovative ideas related to
new technologies in transportation.
• Developed Expenditure
Plan Goals and Objectives.
• Considered public input.
• Reviewed and considered the entire
County’s transportation needs by category.
5 Overview
The Measure C
Renewal Program
Figure 1 provides an overview of the proposed
Measure C Renewal Expenditure Plan funding
allocations approved by the Executive Committee
and the TWG. Referencing Figure 1, the
allocations consider a “multimodal”
transportation program with:
• 51.37% of expected Measure funds directed
to “Fix-It-First” Local and Neighborhood
Street Repair and Maintenance activities
and programs.
• Eighteen percent (17.64%) of the funds
directed to the Local Control program. The
16 local agencies (cities and the County) in
Fresno County will allocate these funds to
their highest priority unique transportation
needs including additional local street and
highway maintenance and other street and
road improvements, pedestrian, trail, and
bicycle facilities improvements, safe routes
to school improvements, enhanced public
transit services, and other transportation
services and programs.
• Twelve percent (11.88%) of the Measure
funding allocated directly to Urban and
Rural Public Transit systems and services
throughout the County including Fresno
Area Express (FAX), Clovis Transit, and
the Fresno County Rural Transit Agency
(FCRTA).
• One percent (1.22%) of the Measure will be
allocated to the Safe Bikes and Pedestrians
program (including Safe Routes to School &
Access for People with Disabilities) to address
improvements and safety enhancements for
bicyclists and pedestrians, including students,
seniors and people with disabilities, as well as
other related improvements.
6 • Fifteen percent (14.60%) of the Measure
will be directed toward Major Roads
and Highways, Safety Improvement and
Congestion Relief projects in the Urban
(Clovis and Fresno Spheres of Influence) and
Rural (remaining County and rural cities)
areas. Such projects will be located along the
State Highway System and along regional
corridors to enhance connections within
the urban area and between the cities and
rural communities throughout the County.
• Two percent (2.00%) of the funds are
available for projects that enhance
Environmental Sustainability including
clean transportation projects and programs,
transit-oriented development projects, and
other projects that will improve air quality,
address climate change and improve health.
• Finally, one and one quarter percent
(1.25%) of the Measure will address
program Administration and
planning activities of the Fresno County
Transportation Authority (Authority)
and the Fresno Council of Governments
(Fresno COG) over the 30-year period.
Figure 1
Measure C Funding Allocations by Program
Local and
Neighborhood
Street Repair and
Maintenance
$3,511,000,000
Local Control
$1,208,794,520
Major Roads and
Highways, Safety
Improvement and
Congestion Relief
$997,713,440
Safe Bikes and
Pedestrians
Including Safe Routes
to School and Access for
People with Disabilities
$75,524,940
Urban and Rural
Public Transit
$811,953,000
Administration
$86,058,856
Environmental
Sustainability
$144,000,000
total
$6,835,044,756
7 Public
Engagement
Public engagement activities for the Measure
C Renewal Expenditure Plan began with the
formation of the Executive Committee and
TWG in February of 2021. Over 80 local leaders
volunteered to participate as representatives of
diverse sectors of Fresno County from both urban
and rural communities. These leaders brought
unique perspectives from various sectors of our
community including healthcare, education, local
government, emergency services, transportation
planning and facilities experts, environmental
organizations, public works, law enforcement,
fire and paramedic, agriculture, community based
organizations, and more. Over the 16-month
Measure C Renewal Process period, a total of 37
meetings were held between these two committees
with the focus on identifying and evaluating
transportation needs throughout Fresno County.
In addition to these two committees, community
engagement remained a key focus to gain clarity
and common ground. To that end, 10,000 Fresno
County residents participated in community
polling and outreach via the following methods:
• Public Polling
• In-Person
Workshops
• Community Group
Meetings
• Door-to-Door
Inquiries
• Events
• Virtual meetings
via Zoom
• Online Public
Survey
In total, fourteen (14) community
meetings were held in both rural and
urban settings. Additionally, with COVID
concerns still prevalent, an Online Public
survey was utilized that garnered 2,804
total survey respondents, as well as 2,000
additional comments.
The online survey also focused on rural and
unincorporated areas by employing a doorto-door campaign. That effort produced 1,070 mostly Spanish respondents in the following
communities: Cantua Creek, Lenare, Tranquility,
Orange Cove, Parlier, Kerman, Mendota,
Caruthers, Coalinga, Del Rey, Five Points,
Huron, Sanger, Kingsburg, and San Joaquin.
Members of the Executive Committee and the
TWG are listed on the Measure C Renewal
webpage at this link:
www.measurec.com/
measure-c-committees
Two-thirds (67%) voter approval will be necessary
to pass Measure C in November 2022. In order
to ensure that Executive Committee and TWG
members were on target with this Expenditure
Plan, over 3,000 voters and community residents
were surveyed early in the Plan development
process to determine support for an extension of
the Measure, and to identify the public’s highest
transportation priorities. An additional 3,000
voters were again surveyed in the spring of 2022
to confirm support for proposed expenditures.
8 Both polling efforts expressed widespread
support for continuation of Measure Cand
identified residents’ highest transportation
priorities. The Measure C Renewal Plan effort
was guided by development of the Fresno COG
2022 Regional Transportation Plan/Sustainable
Communities Strategy (RTP/SCS). The RTP/
SCS is intended to guide transportation and
land use decisions that will improve our
quality of life, air quality, mobility and make
communities more cohesive. The RTP/SCS is
updated every four years and has a robust outreach
and stakeholder involvement process including
numerous committee meetings, public workshops
and hearings, public surveys and polling, and
other engagement opportunities. The RTP/SCS
integrates all modes of transportation along with
land use, housing, environmental issues, reduction
of vehicle miles travelled, and other related issues.
The RTP/SCS is one of the critical building blocks
that has helped guide development of the 2022
Measure C Renewal effort and identify needs and
funding requirements.
Goals and
Guiding
Principles
Considering the public engagement activities
conducted over the past 16 months, the
Executive Committee and TWG adopted the
following set of goals and objectives to help
guide development of this Expenditure Plan:
Goal #1
Equitable mobility and accessibility for all
within and across the network of streets,
highways, transit, bicycle and pedestrian
routes and facilities.
Objectives
• Encourage equitable participation by
communities in the Measure C planning
and implementation process.
• Support the equitable distribution of benefits
and burdens of transportation projects.
• Support the improvement and expansion of
accessible transportation options to serve
the needs of residents, especially those who
have historically faced disproportionate
transportation burdens, including seniors
and people with disabilities.
Goal #2
Vibrant communities that are accessible
by sustainable transportation options.
Objectives
• Encourage alternatives to single occupancy
vehicles that reduce vehicle miles travelled
(VMT) and greenhouse gas emissions.
• Support investment in and promotion of active
transportation and transit to improve public
health and mobility, especially in historically
underinvested areas.
• Support transportation projects that
support transit-oriented development.
9 • Support efforts to improve air quality and
minimize pollutants from transportation.
Goal #3
A safe, dependable, well-maintained, efficient,
cost effective, and climate-resilient multimodal
transportation network.
Objectives
• Encourage on-going maintenance and
repair of the existing infrastructure.
• Support investment in multimodal safety
measures to reduce traffic fatalities and
injuries throughout the region.
• Support improvements in travel connections
to create an integrated, accessible, and
seamless transportation network.
• Avoid congestion through smart management
of existing transportation facilities.
• Add capacity only after other options have
been considered and determined to be
infeasible, impractical or ineffective.
• Maximize the cost-effectiveness
of transportation improvements.
• Maximize available funding and support
new investments that are targeted, effective,
and financially sound.
• Encourage investments that increase the
system’s resilience to extreme weather events,
natural disasters, subsidence, and pandemics.
• Support the preservation and maintenance
of existing multimodal transportation assets
in a state of good repair.
• Utilize Measure funding to leverage other
local, state, and federal funds, including
competitive grant programs.
• Ensure that growth does not adversely
impact existing facilities.
Goal #4
A transportation network that supports a
sustainable and vibrant economy.
Objectives
• Support local and regional economic
development by leveraging planning and
transportation funds that foster public and
private investment.
• Provide transportation mobility options
necessary to conduct essential daily activities
and support economic growth and prosperity.
• Support modern regional aviation.
• Embrace cutting edge and fiscally responsible
transportation and new technologies that serve
to interconnect systems and that make travel
more efficient and cost effective.
• Support efficient, dependable, resilient,
and sustainable goods movement.
10 Goal #5
A region embracing clean transportation,
technology, and innovation.
Objectives
• Support innovative mobility solutions that
are accessible, affordable, reduce greenhouse
gas emissions, and improve air quality.
• Utilize current and emerging technologies
to better manage transportation systems
and services.
• Improve predictability and reliability
of transportation facilities and services.
• Embrace new and emerging intelligent
transportation system (ITS) projects
and programs.
Goal #6
A high level of transparency, performance
review, and accountability.
Objectives
• Provide for continuous collection of
transportation and other related data
from available sources.
• Incorporate transportation performance
measures, whenever possible.
• Encourage innovation with a goal of providing
cost effective transportation solutions.
Guided by the Executive Committee and TWG,
staff further distilled these goals and objectives
into five guiding principles that were then used
to guide the development of the Allocation Plan:
Stewardship
• Fix it First.
• County-wide Pavement Management Plan.
• Oversight and Performance Measures, and
Equity—“No Neighborhood Left Behind.”
Equity
• Investment in active transportation and
public transit to improve health and mobility
throughout the County including historically
underinvested areas.
• Improve air quality throughout the County,
especially in historically disadvantaged areas.
• Ensure all areas of the County have their
road repair needs addressed with emphasis
on areas not previously addressed—
“No Neighborhood Left Behind.”
• Provide local jobs and access
to training opportunities.
• Supplemental road repair funds
for very low-income areas.
• Expand new and innovative public
transit services and solutions.
Sustainability and Resources
Conservation
• Maintaining and operating transportation
facilities are much less resource intensive
than rebuilding.
11 • Focus on maximizing the safety and
efficiency of the transportation systems,
not on system expansion.
• Roads, highways, and their adjacent
sidewalks are necessary for every type
of transportation—cars, trucks, buses,
bicycles, and pedestrians.
• Electric vehicles will still
rely on roads and highways.
• Provide for Complete Streets and roads that
accommodate vehicles, bikes, public transit
and pedestrians.
Air Quality and Climate Resiliency
• All projects require environmental
review and must address air quality and
greenhouse gas emission reductions.
• Well-maintained pavements reduce
particulate matter PM10 and PM2.5,
which are the primary pollutants
referenced in the most recent air
quality study.
• Congestion reduction and avoidance through
better operations reduces tailpipe emissions
of pollutants, diesel exhaust particular matter
and greenhouse gas emissions.
• Reduce vehicle miles travelled (VMT)
through Public Transit, Active Transportation,
and road and highway projects.
• Harden transportation facilities to increase
systems’ resiliency to extreme weather events.
• Expand new and innovative public
transit services and solutions.
Flexibility
• Expanded Local Needs program allows
real time and long-term flexibility—
allows agencies to best address their current
transportation needs and changing future
needs, not a one-size-fits-all approach.
• Allows each agency to tailor the
program to their specific needs.
• Allows agencies to maximize the
use of matching fund programs.
• The amendment process contained within
the current measure and to be continued
in this measure allows adaptability.
• 15-year publicly driven process to evaluate
the success or shortcomings of the Measure
Renewal with a process to change or adapt,
as necessary.
• In depth review of performance measures
every 5 years by agency staff and the Citizen
Oversight Committee (COC) with the
ability to amend the Measure C Renewal
Expenditure Plan if key indicators are not met.
Meeting the needs of Fresno County residents
requires leveraging State and federal investments
with local resources. Even with a new Measure C
here will not be enough funding available to
address almost $16 billion in transportation
needs. The Measure C Extension will generate
more than $6.84 billion over the next 30 years,
far short of the overall need, therefore, leveraging
additional federal and State funding, beyond
what the region expects, is critical.
12 Success of
the Current
Measure C
Program
Many changes to the existing transportation
system have occurred since voters first approved
Measure C in 1986 and again in 2006. The
current Measure C Program has provided
funding to a variety of transportation projects
and services including bike, pedestrian and
trail projects, public transit improvements,
and other transportation programs and
services. New and improved regional and
local streets and highways are also reflected
in the current Measure C and have been or
will be constructed by 2027 improving travel
flow, increasing safety, and reducing severe
congestion. These improvements include:
• State Route (SR) 41: Auxiliary Lane—
Tulare to “O” Street
• SR 99: North to Cedar Avenues
• SR 99: Monterey Bridge
• SR 180 East: Clovis to Temperance Avenues
• SR 180: Brawley to Hughes/West Avenues
• SR180, SR 41, and SR 168 Braided Ramps
• Willow Avenue, Temperance, Ventura,
California, Peach, Herndon, and Shaw Avenues
• Veteran’s Boulevard—Shaw to Barstow
and Bullard to Herndon Avenues
• SR 99: Veteran’s Boulevard Interchange
• SR 180 West: Yuba to James
Avenues Passing Lanes
• SR 180 East: Temperance to Academy Avenues
• SR 180 East: Academy Avenue
to Trimmer Springs Road
• SR 180 East: Trimmer Springs
Road to Frankwood Avenue
• Friant Road: Copper Avenue
to Millerton Road
• Golden State Boulevard: American
Avenue to the Tulare County Line
• SR 269: New Bridge/Channel
between SR 198 and City of Huron
• SR 180 West: SR 180 to I-5
• Mountain View Avenue: Bethel
Avenue to the Tulare County Line
• Academy Avenue: Manning
Avenue to Industrial Park
• SR 99 and American Avenue Interchange
• I-5 and SR 198 Interchange
• Funding for public transit services including
Fresno Area Express (FAX), Clovis Transit, &
the Fresno County Rural Transit Agency
• Improvements to local streets and
roads, bikeway and trails systems,
and pedestrian facilities
13 Promises Made and Promises Kept of the
1986 and 2006 Measure C programs are
evident by the overwhelming voter approval
in Fresno County. In addition to the vast array
of transportation improvements provided
by these two Measures, they have given
Fresno County the opportunity to compete
successfully for additional State and Federal
transportation funding.
The Authority, Fresno COG, the 16 local agencies
and the three transit agencies have all successfully
leveraged more than $1 billion additional dollars
from Sacramento and Washington D.C Extending
Measure C will continue to provide local funds
under local control, in order to leverage and direct
additional state and federal funding to the County.
Annual Audit of
Measure Programs
Current Measure C expenditures and accounts of
the local agencies and the Authority are audited
on an annual basis by an independent audit firm
retained by the Authority. Over the past 34 years,
audit results have indicated that the Measure C
Program has been implemented, and proceeds
expended, in accordance with the Measure C
Expenditure Plan and enabling legislation.
That practice will continue with this Measure C
Renewal Program. Further, through the Citizens
Oversight Committee and the Authority, additional
performance indicators will be monitored
throughout the new Measure in order to assure
that funds are invested efficiently and effectively.
How the Plan
was Developed
The Measure C Renewal Executive
Committee and the TWG were formed
in February 2021 to develop the Measure
C Renewal Expenditure Plan. The TWG
evaluated existing transportation systems
and needs, and the Executive Committee
established goals for the future. There was
recognition that this Measure C Renewal
Plan needed to address the existing and
future transportation needs, focusing on
local neighborhoods and community street
and road maintenance, as well as continuing
investments in bicycle and pedestrian
facilities, transit services, and reducing
and avoiding congestion on our highways.
This Plan has built-in flexibility that will
allow our cities and County to adapt to their
specific transportation needs as they change
over time. This Plan recognizes transportation
programs that maintain and improve our
quality of life and position us to provide the
type of facilities and services that will be
needed to address our future mobility needs.
Members of the Executive Committee:
reviewed a variety of proposals,
considered public input and professional
expertise, conducted two public opinion
polls, and reviewed data and literature
from other agencies to prepare this Plan.
14 Members of the Executive Committee
represented the interests of government,
business, and other sectors identified
in Table 1.
table 1
Measure C Renewal Plan Executive Committee
Representative Sectors/Organizations
Sector/Organization
Active Transportation Disability Services Goods Movement Advocacy Services Eastside Fresno County Cities Health Care Services Agriculture Economic Development Labor
Americans with Disabilities Act
(ADA)
Education (K-12 and
Higher Education) Medical Systems
Building Industry Association Emergency Services Philanthropy Services Business Environment Technology
Cities of Clovis and Fresno Fresno Council of Governments Westside Fresno County Cities Community Based Organizations Fresno County Sheriff Youth/Advocacy County of Fresno Fresno County
Transportation Authority
A list of Executive Committee and
TWG members are available online:
www.measurec.com/
measure-c-committees/
15 Expected
Measure C
Proceeds
If voters approve the Extension of Measure C
in November of 2022, they will authorize
the Authority to continue to collect a ½ cent
retail transaction and use tax for 30 years
(between July 1, 2027 and June 30, 2057).
This is not a new or an added tax, but simply
an Extension of the existing Measure C tax.
This extension will: provide over
$6.84 billion in new revenues
for transportation improvements
according to financial projections
through the year 2057.
The $6.84 billion this third Measure will
generate is four and one-half times the amount
that is expected to be collected during the
current Measure C Program (approximately
$1.2 to $1.5 billion) through June 2027.
The allocation of these projected sales tax
revenues to specific types of transportation
funding programs and improvement projects is
described in the following sections of this plan.
The Authority will prepare and then update
a Strategic Implementation Plan (SIP) every
two (2) years in order to verify or modify
the funding expectations based on the thencurrent fiscal conditions, making sure that the projections are consistent with future
expenditures and the promises made in this
plan. The Authority and Fresno COG will
also revisit this expenditure plan in 2042
(midpoint of the Measure) to potentially
adjust the transportation programs and
associated allocations of Measure C proceeds
ensuring that the plan addresses the future
transportation needs of the county and
its residents as determined through a
comprehensive public engagement process.
Finally, the Authority will have the option of
issuing bonds to deliver Measure C projects
and programs contained in this plan to save
project costs by delivering them earlier, and to
provide Fresno County residents with muchneeded road repairs years sooner than would be possible without bonding.
County-wide
Priorities of
the New Plan
Through many months of intense discussion and
public input, the following Measure C Extension
funding program commitments were developed
and agreed upon by the Executive Committee
and the TWG. The Committees recognized
that providing Measure C funds for all modes
of transportation would help meet the quality
of life needs of all Fresno County residents,
thus enabling each of the 16 agencies within
the County to address the specific needs
of their residents, businesses, and major
industries over the 30-year life of the Measure.
16 The new Plan will: Provide a minimum
of 51.37% of the Measure to the 15 cities
and Fresno County to maintain and
improve neighborhood and community
streets and roads. Further, it will fund
public transit, regional highways, street
and road improvements, and other
transportation programs that improve
mobility while reducing greenhouse gas
emissions and improving air quality for
all residents throughout Fresno County.
The Plan is committed to “Fix-it First”,
“No Neighborhood Left Behind” and
“Improve Safety” principles.
The Measure C Renewal Expenditure Plan
program allocations are detailed in Table 2.
Implementing Guidelines for each of the
seven Measure C Renewal Expenditure Plan
programs are available on the Authority’s
website in early June 2022 at:
www.measurecrenewal.com
table 2
Measure C Renewal Expenditure Plan
Allocation of Funding by Program
Details regarding each of the seven programs are provided below. Appendix B provides the amount of Measure C Renewal funding each local agency is expected to receive over the 30-year period.
Measure C Renewal Program Percent of Total1 30-Year Funding Estimate 1 Local & Neighborhood
Street Repair & Maintenance
51.37% 3,511,000,000
2 Local Control 17.64% 1,208,794,520
3 Safe Bikes and Pedestrians
(Including Safe Routes to School
& Access for People with Disabilities)
1.22% 75,524,940
4 Urban & Rural Public Transit 11.88% 811,953,000
5 Major Roads & Highways,
Safety Improvement and Congestion Relief
14.60% 997,713,440
6 Environmental Sustainability 2.00% 144,000,000
7 Administration 1.30% 86,058,856
Total 100% 6,835,044,756
1 Percentages Rounded to the nearest whole number.
17 Local and
Neighborhood
Street Repair and
Maintenance
$3.511 billion or 51.37%
A significant increase in funding for our local
street networks including neighborhood streets
is clearly the greatest need expressed during the
public engagement process and in the two opinion
surveys. In fact, nearly 81% of those surveyed
county-wide strongly agreed that repairing roads
and fixing potholes was their highest priority.
The goal of this program is to improve each of the
individual cities’ and the County’s unincorporated
areas and communities pavement condition index
or PCI from the current County-wide average of
57 (just above the “Poor” category) to 70, which
is within the “Good” category. Improvements that
will be made by the 15 cities and Fresno County to
address the goal include:
• Fixing potholes with long lasting repairs.
• Repaving streets.
• Keeping good roads in good condition
through the strategic application of
preventative maintenance strategies.
• Ensuring that all neighbors, especially
those in disadvantaged areas, see
improvements to their local roads.
• Measuring and monitoring
progress towards the 70 PCI goal.
• Providing additional resources
to areas of very low income.
These expenditures would address one of the
most troubling transportation problems for
local agencies; how to fund improvements that
address the aging street and road infrastructure
while at the same time preserving roads that are
currently in good condition.
A minimum base of $100,000 per year shall
be allocated to each agency under the Local &
Neighborhood Street Repair & Maintenance
Program. Every agency that receives Local
Street Repair Program funding must allocate
no less than 30% of their allocation, as
determined on a 5-year rolling average,
on areas within their jurisdiction that are
disadvantaged using the highest 25% census
tracks based on CalEnviro Screen 4.0 and
areas with a median income of less than 80%
of the statewide median. Restriction remains
in effect until the Agency's average PCI for
the Disadvantaged Areas reaches 65. Once the
average PCI of 65 is met, that 30% restriction
is suspended, as long as those areas do not fall
below a PCI of 65 in subsequent years. Agencies
must still continue to invest in those areas in
order to raise the overall PCI to 70.
When the overall PCI of the streets within a
jurisdiction either exceeds 80, or the lowest PCI
on any street within the jurisdiction is 70 or
higher, Local and Neighborhood Street Repair and
Maintenance program funds in excess of what is
needed to maintain street condition above a PCI of
70 may be utilized as Local Control program funds.
1 18
Local Control
$1.209 billion or 17.64%
This program provides the local agencies
flexible funding to address their most pressing
unfunded or underfunded transportation needs
within their jurisdictions. These funds would
be used for a variety of purposes including:
• Repair sidewalks to create safe routes
to school and increase accessibility
for people with disabilities.
• Supplement Active Transportation
(bike, pedestrian and trails systems) projects.
• Further improve public transit services.
• Eliminate bottlenecks on local streets where
road improvements are not complete.
• Address environmental sustainability and other
important transportation improvements.
The local agencies in Fresno County know
what their needs are and how best to address
those needs. This plan empowers them to
make these critical choices for their residents
and businesses.
Implementation of Opportunity Corridors is an
eligible expense within the Measure C Renewal
Local Control Program. In addition, certain
elements of Opportunity Corridors may also be
eligible within the Urban and Rural Transit, Safe
Bikes and Pedestrians, Major Roads and Highways,
and Environment Sustainability Programs.
Urban and Rural
Public Transit
$812 million or 11.88%
The goal is to improve public transit programs that
provide essential mobility services to residents
who do not have options, and for people who
may have access to a vehicle but prefer to utilize
transit; improve air quality, reduce greenhouse
gas emissions, and help avoid congestion.
Transit provides essential services to those
who have no or limited options. This plan
will allow for reduced transit fares for seniors,
students, veterans and people with disabilities.
It is critical that we ensure the most flexible,
reliable, predictable, and affordable transit
services are available for the transit dependent.
Measure C Renewal funding is provided to the
three (3) transit agencies within the county
(Fresno Area Express, Clovis Transit, and the
Fresno County Rural Transit Agency). The
transit agencies would use the funds to:
• Add routes as demand increases.
• Reduced transit fares for seniors, students,
veterans and people with disabilities.
• Acquire low or zero emission buses.
• Provide night and weekend
service as demand dictates.
• Provide safe, clean, and strategically
located bus shelters.
• Provide safer access to public transit services.
2 3
19 The transit agencies would also
apply the Measure funds to provide:
• “Free or reduced fare bus service” to seniors,
students, and people with disabilities.
• Provide new and innovative mobility for
seniors, students, and people with disabilities.
• Implement innovative lower cost transit
solutions for un-served or under-served areas.
• “Subsidized taxi scrip” to seniors
(65 years or older) and people with
disabilities resulting in better service to
those with special transportation needs and
the growing aging population in Fresno County.
Transit funding is a significant part of the state
and federal transportation funding programs.
This has been an established trend that is
increasing over time. Measure C funding
should be utilized to the largest extent
possible to leverage these funding sources.
Safe Bikes and
Pedestrians
Including Safe Routes To
School and Access For
People With Disabilities
$75.5 million or 1.22%
Improvements to the existing and planned
pedestrian, trail, bicycle and Safe Routes to
School systems have gained prominence around
the State and within Fresno County. There are
significant opportunities for funding these types
of projects using state and federal funds.
In addition, as with the current Measure, all
streets funded by Measure C must have
shoulders that accommodate bike lanes. With a
few exceptions, these types of projects are very
low cost when compared to vehicular projects.
Measure C funding in this program should be
utilized to the largest extent possible to enhance
safety, increase availability and leverage these
State and Federal funding sources.
Major Road and
Highways, Safety
Improvement And
Congestion Relief
$997.7 million or 14.60%
The core of the urban and suburban freeway
and expressway system has been completed,
and many improvements to rural highways
have been accomplished during the 1986 and
2006 Measure programs.
Future improvements to the State Highway
System need to be focused on:
• Improving safety.
• Reducing and avoiding future congestion.
• Increasing sustainability.
• Focusing on multimodal operational
improvements such as auxiliary lanes,
freeway interchange improvements,
metering projects, demand management,
and Smart Corridor concepts that maximize
capacity of existing facilities.
4 5
20 These projects provide for the movement of
goods, services, and people throughout the
county, as well as accommodating goods
movement from Fresno County industries to
the rest of the State and the nation. Because
this proposed Measure has a duration of 30
years, the Executive Committee and the TWG
agreed to identify a 15-year improvement
program, with the second 15 years to be
addressed near the midpoint of the Measure.
This second 15-year plan will be developed
after an evaluation of future needs as well as
an extensive public engagement process.
Major highlights of this Regional Program include:
• Approximately $998 million or 14.60% for
regionally significant street and highway
improvements has been divided between
the Urban and Rural areas of the county
with approximately $749 million or 75% to
the urban areas of Fresno and Clovis and
approximately $249 million or 25%, to the
remainder of the county (other cities and the
county unincorporated area). This funding
split generally reflects the relative populations
and needs of the urban and rural area.
• $35 million will be invested in improvements
to Fresno Yosemite International (FYI) Airport.
This program relies heavily on leveraged
funding from various sources including the
State Transportation Improvement Program,
the State Highway Operations and Protection
Program, the State Local Partnership Program,
federal grants, and the Regional Transportation
Mitigation Fee Program (RTMF). Overall, it
is anticipated that these programs will add
another $1.5 billion in funding to the nearly
$1 billion of Measure C funding included in
this Measure. Further, it is expected that there
will also be some Local Development Fees
included on some of these projects.
The RTMF requires that new growth and
development within the county and each of the
cities contribute to regional street and highway
project costs. The RTMF program was originally
established during the current Measure C
program and will be continued under this
Measure. The purpose of this RTMF Program
is to ensure that growth and development
pay their fair share of impacts to the county’s
transportation facilities. The RTMF is discussed
in more detail later in this Plan.
Environmental
Sustainability
$144 million or 2.00%
This program’s goal is to improve air quality
and greenhouse gas emissions by:
• Reducing Vehicle Miles Traveled though support
of Transit Oriented Development (TOD) and
Opportunity Corridors (OC). TOD projects
help support developments that will increase
demand for transit though higher density and
mixed use. OC projects also support higher
density and mixed-use developments through
conversion of existing auto-centric streets into
multimodal streetscapes.
6 21
• Clean Energy.
• Travel Choice.
• Future Technologies.
• Litter Abatement.
• Opportunity Corridors.
Rather than identify a specific amount for each of
these subprograms for the life of the Measure, this
Renewal Expenditure Plan will allow the FCTA
Board to make that determination every two (2)
years as a part of the Measure C Expenditure
Plan Update. For the initial two years of the
Environmental Sustainability Program the split
between these subprograms will be:
Subprogram Percent of Funding
1 Transit Oriented Development and Opportunity Corridors 0.66% 2 Clean Energy 0.32%
3 New Technology Projects 0.59%
4 Travel Choice 0.29%
5 Litter Abatement 0.15%
Total 2%
22 Administration/
Planning
$86.06 million or 1.30%
Measure C funding is provided to
the Authority and Fresno COG to:
• Prepare Expenditure Plan
updates and amendments.
• Develop and administer allocation
program requirements.
• Administer and conduct specified activities
identified in the other six programs described
above including increased oversight and
performance monitoring.
Compliance with the
California Environmental
Quality Act
The Measure C Renewal Expenditure Plan is not
a “project” under the California Environmental
Quality Act (CEQA) and, therefore, is exempt
from CEQA review. The Plan is designed to
provide a funding mechanism for potential future
projects and programs related to the Authority’s
provision of transportation funding and services.
However, the Authority is not approving the
construction of any projects that may result
in a direct or indirect physical change in the
environment; future voter approval is required
prior to establishing any funding mechanism as
set forth in Measure C Enabling Legislation; and
all appropriate state and federal environmental
reviews will be required and completed prior
to any future approval of specific projects.
Measure C
Extension
Plan Projects
Project Commitments
Major Road & Highways,
Safety Improvement and
Congestion Relief Program
Urban and Rural Programs
This section identifies priority regional streets and
highway improvement projects to be implemented
over the life of the Measure C Renewal Program.
These projects will be funded with Measure C
and other transportation funding. Major Road &
Highways, Safety Improvement and Congestion
Relief Program (MR&H) projects are defined
as those of regional significance. These projects
tend to be on the State highway system, as those
facilities are regional by nature; however MR&H
Program projects can also include projects on
major local arterials that serve more than one city
or area of the county.
7 23
Fresno Yosemite Airport (FYI) is also included
as a regional facility as it facilitates passenger
and freight travel throughout the county as
well as surrounding counties.
Because the duration of this Measure is 30
years, the MR&H Program has been split into
two periods; years 1–15, and years 16–30.
This program split provides a number of
specific benefits:
• It is difficult to determine a comprehensive
list of all regional transportation needs 30+
years into the future. This split approach
allows a focus on the first 15 years in order
to establish a firm need, and a second 15
years that can be flexible.
• It is equally difficult to project 30+ years
of revenue. The program split will allow
the Authority and Fresno COG to more
accurately predict the first 15 years of
revenue and will initiate a “real time”
assessment of the second 15 years of
funding availability in 2041 for review
and acceptance in 2042.
• Transportation innovations have tended to
occur at the micro level rather than at the
macro. However, macro changes are possible
and may be likely. A mid-program review will
allow the Authority and Fresno COG, guided
by an extensive public engagement effort and
input from the 16 local agencies, to adjust
the list of projects for the second 15 years to
better reflect future transportation needs.
The funding projections for the
Measure are provided in Table 3.
table 3
Regional Mobility Program Revenues
Funding Source
30 Year Total
30 Year Period,
2027/28–2056/57
First 15 Years
Year 1–15,
2027/28–2041/42
Second 15 Years
Year 16–30,
2042/43–2056/57
Measure C Sales Tax $997,713,400 $339,912,500 $657,800,900 State Transportation Improvement Program (STIP) $430,275,000 $160,830,000 $269,445,000 Federal Aid (BUILD, RAISE, Etc.) $300,000,000 $112,133,000 $187,867,000 State Local Partnership (LPP) $150,000,000 $56,066,000 $93,934,000 State Operations & Maintenance (SHOPP) $200,000,000 $74,755,000 $125,245,000 Regional Transportation Mitigation Fee $450,305,000 $168,316,000 $281,989,000 Total $2,528,293,400 $912,012,500 $1,616,280,900
24 The funding split between the urban and rural
subprograms was based on population, and on
the relative highway, street, and road needs of
those areas as described in the Table.
This Expenditure Plan contains Tier 1 Urban
and Rural Project lists for the County (reference
Tables 4 and 5). The Tier 1 projects are included
in the initial 15 years of the Measure C Renewal
program while the Tier 2 lists are projects
potentially eligible for funding in the second
15 years of the Measure C Renewal program.
Tier 1 Urban and Rural lists are both committed
by approximately 20%. This allows the most
significant priorities for the urban and rural
areas to begin the project delivery process
during the first 15-year period.
It is possible that additional as yet unidentified
funding may become available. The region
should have projects “shovel-ready” to
take advantage of these types of funding
opportunities. Should additional funding not
materialize, these projects would be eligible
for bonding of second period revenues.
A live link to the Measure C Projects
interactive map is provided below or head to:
https://bit.ly/measurecrenewal-interactive-map.
View Map
Tier 1 projects are shown in Figures 2 and 3.
Tier 2 Project Lists can be found in Tables 6
and 7. The Tier 2 lists provide priority projects
that will be considered for Measure C Renewal
along with other state, federal and local
funding in the second half of the Measure
(years 16–30). The Tier 2 total costs currently
exceed anticipated funding in the second half
of the Measure; and may be revised to reflect
future project priorities as they are identified
through the RTP/SCS planning process and
through the Authority’s and Fresno COG’s
public engagement process.
The Expenditure Plan also contains $35
million for improvements at FYI Airport.
Fresno COG and the Authority will conduct
biennial MR&H Program reviews and
updates, the purpose of which will be to
ascertain project delivery status as well as
validity of funding availability. Adjustments to
delivery schedules and funding contributions
may be necessary as a part of these updates.
No later than June 30, 2027, Fresno COG and
the Authority will identify projects from the Tier
1 lists for the first seven years of the Measure
C Renewal Program. These projects will be
selected based on relative priority, deliverability,
and cash flow. No later than June 30, 2034,
Fresno COG and the Authority will identify
projects from the Tier 1 lists for years 7–15 of the
Measure C Renewal programs; again, based on
relative priorities, deliverability, and cash flow.
25 Beginning no later than 2041, Fresno
COG and the Authority will conduct a
comprehensive public engagement process
to help guide the effort to establish the list of
projects to be funded during the second half
of the Measure. No later than 2042, Fresno
COG and the Authority will adopt a list of
Urban and Rural projects to be funded
during the second half of the Measure.
Construction of the Major Road and Highway
Safety Improvement and Congestion Relief
Program projects and implemenation of the
local streets and roads and other programs
identified in the Expenditure Plan are needed
as soon as possible. In order to accomplish
this, some level of borrowing may be required.
The Authority will determine the extent of
borrowing that is reasonable as the program
is implemented. Up to $900 million (13%) of
the revenues expected to be generated will be
made available for this purpose.
Program Management
If approved by the voters, this Measure C
Renewal will require substantially more
monitoring, analysis, and reporting than the
current Measure. The Authority may seek the
assistance of a program management firm and/
or additional staff. The primary responsibility
of enhanced program management would be
to assist with the development and monitoring
of performance measures as discussed in
the Renewal Expenditure Plan and in these
Implementing Guidelines. Enhanced Program
Management could also include managing
projects contained within the Major Roads
and Highways, Safety Improvement and
Congestion Relief Program, and other
responsibilities necessary for efficient and
effective implementation of the various
programs. Enhanced program management
responsibilities are part of program
and project delivery and separate
from Program Administration.
Regional Transportation
Mitigation Fee
(RTMF) Program
The 2006 Measure C Renewal Expenditure Plan
set forth requirements related to implementation
of the Regional Transportation Mitigation
Fee (RTMF) Program. The 2006 Measure C
ballot included requirements for local Fresno
County cities and the county (local agencies) to
implement Regional Transportation Mitigation
Fees pursuant to California Government Code
Sections 66000, et seq. and remit the proceeds to
the FCTA to supplement construction of projects
in the Regional Transportation program. The
ballot also included enforcement mechanisms
to ensure all Fresno County local agencies
participated in the program. In response
to those requirements, and to implement
a consistent regional fee, the local agencies
formed a Joint Powers Agency (JPA), Fresno
County Regional Transportation Mitigation Fee
Agency (FCRTMFA), pursuant to California
Government Code Sections 6500, et seq.
26 This Measure Renewal provides for the
continuation of the RTMF program established
by the 2006 Measure, including all local agency
enforcement mechanisms, the perpetuation of
the Fresno County RTMF Agency through the
life of the Measure and all adopted policies and
agreements currently in effect pertaining to
the mitigation fee program. The Measure also
recognizes that mitigation fees are governed
by State law, which changes from time to time,
and stipulates implementation of the program
shall remain in compliance with California law.
California statute currently requires a major
update to the NEXUS in 2028, which will revisit
how the fee has been spent on current projects,
consideration of future projects, adjustments to
rates, and all other legal program requirements.
The Authority, consistent with the adopted and
updated Measure C Expenditure Plan, shall have
the authority and flexibility to allocate the RTMF
based upon regional priority need within the
county as defined by the biannual update of the
Major Roads & Highways, Safety Improvement
and Congestion Relief Program consistent with
State law governing impact mitigation fees.
No later than June 30, 2027, all Measure C
agencies must extend the RTMF JPA established
as a part of the second Measure C, consistent
with Section 7 of the JPA Agreement. If any
city or Fresno County should choose to not
implement the RTMF, that agency shall forfeit
annually from the Local Control Program,
an amount equal to the amount of RTMF
that would otherwise have been paid for
development projects within that jurisdiction
during the year. If an agency chooses to not
implement the RTMF, that agency shall notify
the Authority of such decision and shall file
an advisory report with the Authority for each
development indicating the amount of RTMF
that would have been paid. The Authority shall
make a total calculation of RTMF obligation
on an annual basis and deduct the appropriate
amount of funds for the RTMF from the Local
Control Program allocation for that agency.
27 TABLE 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 100 SR 41 /SR 168 /
SR 180
Urban Freeway Connectors -
Operational Improvement
Study within the FCMA as of
7/20/2022
Caltrans $1,194,052
101 SR 41 / SR 168 /
SR 180
Urban Freeway Connectors -
Operational Improvements
within the FCMA as of
7/20/2022
Caltrans $119,405,230
102 SR 41: Friant Rd
to Herndon Ave
Widen SB On-Ramp and Add 1
SB Auxiliary Lane - Operational
Caltrans $47,762,092
103 SR 41: Herndon
Ave to Bullard Ave
Add Auxiliary Lane to SB SR-41
Between Herndon Ave and
Bullard Ave
Caltrans $29,851,307
104 SR 41 / Shields
Avenue
Shields Ave Interchange
Improvement: Expand the
NB Off Ramp to 2 Lanes
for the Full Length
Caltrans $11,940,523
105 SR 41: McKinley
Ave to Shields Ave
Add Auxiliary Lane to
NB SR-41 from McKinley Ave
to Shields Ave
Caltrans $29,851,307
106 SR 41: Van Ness
Ave to San Joaquin
River (NB/SB)
SR 41 Corridor Preservation
Feasibility Study
Caltrans $1,194,052
107 SR 41 / Van Ness
Ave Interchange
Modify Interchange to
add a Direct SB On-Ramp;
Eliminate Broadway St / SR-41
SB On-Ramp; Signalize Ramp
Intersections with Van Ness St
and Add Ramp Metering
to New SB On-Ramp
Caltrans $17,910,784
108 SR 41 / SR 180
NB Connector
SR 41/SR 180 EB to
NB Connector
Caltrans $59,702,615
28 TABLE 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 109 SR 41, SR 99, SR
168, SR 180 Smart
Corridor Projects
Smart Corridor Projects ($5
million / Mile @ 54 Miles
Along SR 41, SR 99, SR 168,
and SR 180 Within the FCMA
as of 7/20/2022) -
Operational Improvements -
Phase 1
Caltrans $89,553,922
110 SR 99 / Ashlan Ave
Interchange
Reconstruct Interchange -
Includes Golden State Blvd
Caltrans $83,583,661
111 SR 168 Owens
Mountain Parkway
Interchange
Replace At-Grade Intersection
with Interchange
Caltrans $59,702,615
112 SR 99 / Shaw Ave
Interchange
Reconstruct Interchange Caltrans $95,524,184
113 SR 99 / Stanislaus
St Interchange
Reconstruct Overcrossing -
Operational - Included for
eligibility purposes only. 100%
State Funding is Anticipated
Caltrans $—
114 SR 99 / Tuolumne
St Interchange
SR 99/Tuolumne Interchange -
Operational - Included for
Eligibility Purposes Only. 100%
State Funding is Anticipated
Caltrans $—
115 SR 168
Interchanges
Various Locations; Fowler Ave,
Bullard Ave, Herndon Ave, Shaw
Ave, & Temperance Ave
Caltrans $29,851,307
116 SR 180 WB to NB
SR 99 Connector
Add Additional Lane -
Operational
Caltrans $23,881,046
117 Blackstone Ave
& McKinley Ave
BNSF Grade
Separation
Grade Separate Blackstone
Ave and McKinley Ave to
Eliminate Existing BNSF At
Grade Crossings - Included
for Eligibility Purposes Only.
Current Measure C (MC2)
Funding is Expected to
Complete the Project.
Fresno $—
29 TABLE 4
Tier 1 Urban Projects
Project ID Title Description Agency Inflated Project Costs 118 Blackstone Bus
Rapid Transit
(BRT) Corridor:
Smart Mobility
Improvements
Blackstone Ave between
Dakota Ave and SR 180: 6 Land
Divided to 4 Lane Divided
with Class IV Bicycle Facilities,
Midblock Pedestrian Crossings,
Transit and Pedestrian-Scale
Improvements
Fresno $5,000,000
119 East/West
Corridors West
of SR 99 (Shaw,
Ashlan, Clinton &
McKinley Avenues)
between SR 99 and
Grantland Ave
Corridor Improvements to
Widen from 2 Lane Undivided
to 4 Lane Divided with Bike
Lanes, Sidewalks, Traffic Signals
and Synchronization
Fresno $40,000,000
120 Herndon Ave:
DeWolf Ave to
McCall Ave
2 Lane Undivided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $42,527,367
121 Shepherd Ave:
Clovis Ave to
Fowler Ave
2 Lane Undivided to 3 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $13,289,802
122 Shepherd Ave:
Clovis Ave to
Fowler Ave
3 Lane Divided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $11,960,822
123 Shepherd Ave:
Fowler Ave to
Armstrong Ave
3 Lane Divided to 4 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics, Traffic Signal at
Shepherd Ave and Armstrong
Ave
Clovis $7,973,881
124 Temperance Ave:
SR 180 to
Clinton Ave
Widen from 2 Lane Undivided
to 6 Lane Divided with Bike
Lanes, Trail, Sidewalks, Curb
and Gutter
Fresno $10,800,000
Total $832,460,570
30 TABLE 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 300 SR 33:
Firebaugh to
Mendota
Add Passing Lanes Between
Firebaugh and Mendota -
Operational
Caltrans $10,746,471
301 SR 43:
SR 99 to Kings
County Line
Passing Lanes Caltrans $11,940,523
302 SR 99 / Mendocino
Interchange
Modify/Reconstruct Interchange Caltrans $12,800,000
303 SR 99:
Mountain View
Ave and SR 99
Dual Roundabout Interchange -
The project consists of Realigned at Highway 99 at
the existing Mountain View
overcrossing to align and to
build roundabout intersection
control on both sides. Potential
partnership with TCAG.
Total Cost $18M
Caltrans $10,746,471
304 SR 99 / SR 43 /
Floral Ave
Interchange
Reconstruct Interchange -
Partial Funding -
$90M Total Cost
Caltrans $29,851,307
305 SR 145
(Madera Ave):
0.12 Mile N/O
Whitesbridge Ave
to 0.25 Mile N/O
Nielsen Ave
Widen 2 Lane Undivided to
4 Lane Divided, Sidewalks,
Bike Lanes, Curb and Gutter,
Streetlights
Caltrans $6,018,024
306 SR 168 / Academy
Ave Roundabout
Construct Roundabout -
67% SHOPP Funding
Caltrans $4,179,183
307 SR 180 / Academy
Ave Intersection
Add Right Turn Channelization -
Operational -
50% SHOPP Funding
Caltrans $5,970,261
308 SR 180:
Between Kerman
and Mendota
Add Passing Lanes between
Kerman and Mendota -
Operational
Caltrans $10,746,471
309 SR 180 West:
I-5 to Junction
SR 33 / SR 180
2 Lane on New E-W Alignment -
Phase 1
Caltrans $95,524,184
31 TABLE 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 310 SR 198:
NAS Lemoore
and I-5
Add Passing Lanes between
NAS Lemoore and I-5 -
Operational
Caltrans $10,746,471
311 SR 269 / SR 145 Intersection Improvements -
Operational (Roundabout) -
100% State Funding is
Anticipated
Caltrans $—
312 SR 269 / SR 198 Intersection Improvements
- Operational (Roundabout)
- 100% State Funding is
Anticipated
Caltrans $—
313 Academy Ave Along Academy Ave from SR
99 to SR 168, Reconstruct and
Rehabilitate Pavement, Install
Traffic Signals or Roundabouts
(Safety Improvements), Add
Vehicle Turn Lanes, Install
High Visibility Crosswalks and
Rectangular-Rapid Flashing
Beacons, Install Sidewalk,
Install Lighting, Add Buffered
Bike Lanes and Provision for
Connectivity to Potential Future
ATP Projects
Various $23,881,046
314 Academy Ave -
City Limits to
Dinuba Ave
Bridge/Roadway Widening Parlier $6,328,477
315 Jayne Ave -
Glenn Ave to I-5
2 Lane Undivided
to 4 Lane Divided
Fresno
County
$362,992
316 Manning Ave
East of SR 99
Along the Corridor from SR 99
to Orange Cove City Limits,
Reconstruct and Rehabilitate
Pavement, Install Traffic Signals,
Add Vehicle Turn Lanes, Provide
Crosswalk Improvements,
Install Sidewalk, Add Buffered
Bike Lanes and Provision for
Connectivity to Potential Future
ATP Projects
Various $9,552,418
32 TABLE 5
Tier 1 Rural Projects
Project ID Title Description Agency Inflated Project Costs 317 Millerton Rd Friant Rd to Sky Harbor Dr -
Widen to 4 Lanes Divided.
Total Cost $40M
Fresno
County
$35,821,569
318 Reed Ave
Reconstruction -
Phase 2
Reconstruction of Roadway,
Increase from 2 Lanes to 4 Lanes,
Curb Ramp Upgrades, Overlay,
Slurry Seal, Replace Water Lines,
Bike Lanes, Curb and Gutter and
Sidewalks
Reedley $5,000,000
319 Reed Ave - South
Ave to SR 180
Widen Reed Ave from 2 Lanes to
4 Lanes from South Ave to SR 180
Reedley $29,851,307
Total: $320,067,175
33 FIGURE 2
Tier 1 Urban Project Map
34 FIGURE 3
Tier 1 Rural Project Map
35 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 200 SR 41 / Ashlan Ave Ashlan Avenue Interchange
Improvement - Reconfigure
Interchange to either a Single
Point Urban Interchange
(SPUI) or a Diverging Diamond
Configuration. Additional Study
Required to Determine the
Appropriate Design
Caltrans $136,133,075
201 SR 41 / Bullard Ave Bullard Avenue Interchange
Improvement - Reconfigure
Interchange to either a Single
Point Urban Interchange
(SPUI) or a Diverging Diamond
Configuration. Additional Study
Required to Determine the
Appropriate Design
Caltrans $136,133,075
202 SR 41 / Divisadero
St On/Off Ramps
Reconfigure for SB Dual Right
Turns; and EB Dual Left Turns
on Divisadero at NB On-Ramp
Caltrans $4,946,168
203 SR 41 / Shaw Ave Shaw Avenue Interchange
Improvement – Add a 3rd Lane
to the SB On Ramp for Ramp
Meter Queuing and a 3rd Lane
to the SB Off-Ramp at the
Terminus
Caltrans $30,251,794
204 SR 41:
Van Ness Ave to the
San Joaquin River
Corridor Preservation
Operational Improvement
Projects
Caltrans $411,424,405
205 SR 41, SR 99, SR
168, SR 180 Smart
Corridor Projects
Smart Corridor Projects ($5
million / Mile @ 54 Miles
along SR 41, SR 99, SR 168,
and SR 180 within the FCMA
as of 7/20/2022) Operational
Improvements - Phase 2
Caltrans $204,199,613
206 SR 99:
Central Ave &
Chestnut Ave
Interchange
Central Ave / Chestnut Ave /
SR 99 - Improve Interchange
(Dependent on the Extension of
Measure C)
Caltrans $164,872,280
36 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 207 SR 99 /
Herndon Ave
Widen Undercrossing
to 5 Lanes
Fresno $32,160,683
208 SR 168 / Shepherd
Ave Interchange
New Interchange Clovis $75,758,056
209 Blackstone Bus
Rapid Transit
(BRT) Corridor -
Smart Mobility
Improvements
Blackstone Ave between Dakota
Ave and SR 180: 6 Lane Divided
to 4 Lane Divided with Class
IV Bicycle Facilities, Midblock
Pedestrian Crossings, Transit
and Pedestrian -
Scale Improvements
Fresno $75,629,486
210 Clovis Ave:
Auberry Rd
Couplet North
of Copper Ave
Construct new 4 Lane divided
arterial with bike lanes, traffic
signal at Copper and Clovis
Avenues
Clovis $12,100,718
211 Clovis Ave:
Behymer Ave
to Copper Ave
Unconstructed to 6 Lane
Divided, Sidewalks, Bike
Lanes, Street Lights, Curb and
Gutter, Fiber Optics, Bridge at
Enterprise Canal
Clovis $10,966,276
212 Copper Ave:
Willow Ave to
Clovis Ave
2 Lane Undivided to 6 Lane
Divided, Sidewalks, Bike Lanes,
Street Lights, Curb and Gutter,
Fiber Optics
Clovis $22,688,846
213 Enterprise Trail Pedestrian Bridge Over SR 168
East of Temperance
Clovis $37,814,743
214 Grantland Ave:
Ashlan Ave to
N Parkway Dr
4 Lane Divided 6 Lane Divided
with Bike Lanes, Sidewalks,
Curb, Gutter, and Trail
Fresno $9,075,538
215 Grantland Ave:
Belmont Ave to
Shields Ave
2 Lane Undivided to 4 Lane
Divided with Bike Lanes,
Sidewalks, Curb, Gutter,
and Trail
Fresno $14,265,701
37 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 216 Grantland Ave:
SR 180 to
Belmont Ave
Grantland Ave - SR 180 to
Belmont: 2 Lane Undivided
to 4 Lane Divided
Fresno $10,746,471
217 Jensen Ave:
Clovis Ave to
Temperance Ave
4 Lane Divided 6 Lane Divided
with Class 1 Bike Path / Trail
Fresno $18,559,476
218 Jensen Ave: Fruit
Ave to Martin
Luther King Blvd
2 Lane Undivided to 4 Lane
Divided with Bike Lanes,
Sidewalks, Curb, Gutter,
and Trail
Fresno $7,305,808
219 Jensen Ave: Marks
Ave to Fruit Ave
2 Lane Undivided to 4 Lane
Divided with Bike Lanes,
Sidewalks, Curb, Gutter,
and Trail
Fresno $10,966,276
220 Jensen Ave:
Orange Ave to
Clovis Ave
4 Lane Divided 6 Lane Divided
with Bike Lanes, Sidewalks,
Curb, Gutter, and Trail
Fresno $32,475,301
221 McCall Ave:
Shaw Ave to
Shepherd Ave
2 Lane Undivided to
6 Lane Divided, Sidewalks,
Bike Lanes, Street Lights,
Curb and Gutter, Fiber Optics;
Primarily Development Funded
Clovis $37,814,743
222 Shaw Ave:
Blythe Ave to
Brawley Ave
4 Lane Divided to
6 Lane Divided
(Retrofit)
Fresno $4,053,740
223 Shaw Ave and
Leonard Ave
Install Traffic Signal, Widen
Shaw Ave for Second Through
Lane and Left-Turn Lanes
Clovis $1,925,527
224 Shepherd Ave:
Armstrong Ave
to Del Rey Ave
2- and 3-Lane Undivided to 4
Lane Divided, Sidewalks, Bike
Lanes, Street Lights, Curb and
Gutter, Fiber Optics
Clovis $30,251,794
225 Shepherd Ave:
Cedar Ave to
Willow Ave
3 Lane Undivided to 4 Lane
Divided with Bike Lanes and
Sidewalks, Curb & Gutter
Fresno $1,512,590
38 TABLE 6
Tier 2 Urban Projects
Project ID Title Description Agency Inflated Project Costs 226 Temperance Ave:
Jensen Ave to
Belmont Ave
2 Lane Undivided to 6 Lane
Divided with Bike Lanes, Trail,
Sidewalks, Curb and Gutter
Fresno $27,831,651
227 Temperance Ave:
SR 180 to
Clinton Ave
Widen from 2 Lane Undivided
to 6 Lane Divided with
bike lanes, trail, sidewalks,
curb and gutter
Fresno $20,006,549
228 Willow Ave:
Barstow Ave to
Copper Ave
Complete widening to 6 Lane
Divided Where Needed and
Add Bike Lanes
Clovis $1,683,512
229 Willow Ave:
Copper Ave to
Friant Rd
2 Lane Undivided
to 4 Lane Divided
Fresno
County/
City of
Fresno
$7,425,303
230 Willow Ave:
International Ave
to Copper Ave
Southbound
Willow - International Ave
to Copper Ave Southbound:
Widen to 3 Lanes
Fresno $946,881
Total: $1,591,926,081
39 TABLE 7
Tier 2 Rural Projects
Project ID Title Description Agency Inflated
Project Costs
400 SR 41:
Central Ave to
American Ave
Upgrade Existing Intersections
to Interchanges
Caltrans $143,696,024
401 SR 99 / Adams
Interchange
Interchange Improvements Caltrans $30,251,794
402 SR 99 and Dinuba
Fly-Over
Construction of Flyover from SR
99 to New Intersection at Golden
State Blvd near Dinuba Ave
Selma $60,503,589
403 SR 99 / Manning
Ave Interchange
Interchange Improvements
(Ramp Improvements)
Caltrans $22,688,846
404 SR 145
(Madera Avenue):
Church Ave to
0.25 Mile S/O
Jensen Ave
Widen 2 Lane Undivided to
4 Lane Divided, Sidewalks,
Bike Lanes, Curb and Gutter,
Streetlights
Caltrans $9,075,538
405 SR 180 West:
I-5 to Junction SR
33 / SR 180
2 Lane on New E-W Alignment -
Phase 2
Caltrans $60,503,589
406 Academy Parkway:
Mountain View
Ave to Simpson St
New 4 Lane Expressway Kingsburg $9,075,538
407 Manning Ave:
Alta Ave to
Hill Ave
2 Lane Undivided to 4 Lane
Divided
Fresno
County/
City of
Reedley
$12,961,381
408 Manning Ave:
Buttonwillow Ave
to Alta Ave
2 Lane Undivided to 4 Lane
Divided
Fresno
County/City
Reedley
$16,695,965
409 Manning Ave:
Buttonwillow Ave
to Englehart Ave
Reconstruct and Widen Manning
Ave from 2 to 4 Lanes between
Buttonwillow Ave and Englehart Ave
Reedley $6,050,359
410 McCall Ave:
Griffith Ave to SR
180
Lane Widening - 2 to 4 Lanes Fresno
County
$15,000,000
40 Project ID Title Description Agency Inflated
Project Costs
411 Millerton Rd &
Marina Dr
Traffic Signal Fresno
County
$5,294,064
412 Shaw Ave and
Academy Ave
Install Traffic Signal; Widen for
NB & SB Right-Turn Lanes;
WB Right-Turn and Left-Turn
Lane; EB Right-Turn Lane
Fresno
County
$2,849,719
413 Shaw Ave:
McCall Ave to
Academy Ave
2 Lane Undivided to
4 Lane Divided
Fresno
County
$19,875,429
Total: $414,521,837
41 Citizen
Oversight
Committee
A Citizen Oversight Committee (COC) was
established as a part of the 2006 Measure. That
committee’s efforts have been helpful in analyzing
local agency conformance to Expenditure Plan
requirements. Each year their findings are an
important part of the Measure C Annual Report.
This proposed Measure will continue efforts of
the COC with a number of key changes to help
increase local agency accountability for Measure
C funds spent, and to make it easier to ensure that
all COC seats remain filled during the duration
of the Measure (reference the Implementing
Guidelines available online in June 2022 at
www.measurecrenewal.com).
Additional responsibilities and minor changes
to COC membership are also included in the
Implementing Guidelines. COC responsibilities
generally include the following:
• Receive, review, inspect, and recommend
action on independent financial and
performance audits related to the planning
and implementation of the Measure C
Extension program.
• Receive, review, and recommend action
on other periodic reports, studies, and
plans from responsible agencies including
the Authority, Fresno COG, the Cities, the
County or other agencies. Such reports,
studies and plans must be directly related to
Measure C Extension programs, revenues,
or expenditures.
• Review and comment upon Measure C
Extension expenditures to ensure that they
are consistent with the Expenditure Plan.
• Annually review how sales tax receipts are
being spent and publicize the results.
• Present committee recommendations,
findings, and requests to the public and
the Authority in a formal annual report.
42 Administration
Fresno County Transportation
Authority Structure
Under the Measure C
Renewal Extension Program
The Authority will continue to administer the
Measure C Renewal Extension Program in
compliance with its special enabling legislation.
If the Measure C Extension is approved by Fresno
County voters in November 2022, the Authority
will continue to be responsible for administering
the Measure C Programs in accordance with
plans and programs outlined in the Renewal
Expenditure Plan and subsequent updates of the
Plan. In addition, the enabling legislation includes
provision for a Citizen Oversight Committee
(COC). The COC was formed in 2007 under the
current Measure Program. Details regarding the
Committee are contained in the Implementing
Guidelines. The Expenditure Plan will continue
to be prepared by the Authority and Fresno COG
and approved by the Fresno COG Policy Board
and by the Authority.
The enabling legislation requires that the Authority
be represented by nine (9) members including:
• Two (2) members of the Board of Supervisors
appointed by the board, consisting of one (1)
member from Rural district 1, 4, or 5 and one
(1) member from Urban district 2 or 3.
• Two (2) members representing the City of
Fresno, consisting of the mayor thereof and
a member of the city council of that city
appointed by the city council.
• One (1) member representing the City of
Clovis appointed by the city council of that city.
• Two (2) members representing the other
cities within the county, consisting of one (1)
Westside member appointed by a committee
comprised of the mayor or each of those
cities west of State Route 99, and one (1)
Eastside member appointed by a committee
comprised of the mayors of each of those
cities east of State Route 99.
• Two (2) members of the public-at-large,
consisting of one member appointed by the
board of supervisors with the appointee
residing outside of the incorporated areas
of Fresno and Clovis, and one member
appointed jointly by the cities of Fresno and
Clovis with the appointee residing within
the incorporated area of Fresno or Clovis.
43 The 2006 Measure C Extension added two new
members to the Authority Board. These two
positions were identified as “Public Members-atLarge” with one seat identified as urban and one as rural. The urban member was to be appointed
jointly by the City of Fresno and City of Clovis,
while the rural member was to be appointed
by the Fresno County Board of Supervisors.
It has been difficult to keep the urban seat
filled. Under this proposed Measure C Renewal
Program, the urban member appointment
will remain the responsibility of the two cities
and the rural member appointment will be
the responsibility of the Board of Supervisors.
However, if either position remains unfilled for
nine (9) consecutive months, said member(s) will
be appointed by the Authority Executive Director.
An appointee of the Executive Director will serve
a full term, after which the responsible agencies
will have an opportunity to choose the successor.
As with the current Measure C Program,
the goal of the Authority and Fresno COG
will be to continue to fulfill the Promise of
Measure C by delivering projects.
Plan Update and
Approval Processes
Regional Transportation Plan and
Sustainable Communities Strategies
In compliance with schedules mandated in
federal and State law, Fresno COG regularly
prepares the Regional Transportation Plan/
Sustainable Communities Strategy (RTP/SCS)
every four (4) years that updates and renews a
list of candidate projects for all transportation
modes (streets, highways, public transportation,
bikeways, aviation, etc.). If funds are available
for any projects beyond those listed in
the Renewal Expenditure Plan, they will
be drawn from that list. As stated before,
all updates of the Renewal Expenditure Plan
will be subject to public review and public
hearings. While these candidate projects may
change and priorities for funding may occur,
there are more than enough project needs
within the County to be addressed using
all types of funding, including Measure C.
It will be vital during development of each
Expenditure Plan Update to consider financing
all transportation modes in order to ensure a
balanced and efficient transportation system.
All of the projects and programs included in
the Expenditure Plan are considered essential to
meet the transportation needs of Fresno County.
Measure C Expenditure Plan Update
Fresno COG preforms a biennial update of the
approved Expenditure Plan. Fresno COG and
Authority staff work with member agencies and
affected stakeholders to review and update the
Expenditure Plan taking into consideration the
status of project delivery, funding availability,
and performance indicators. The Fresno COG
Policy Board receives the Draft Expenditure
Plan and its updates and schedules public
hearings to review the Plan. After adoption of
any Expenditure Plan updates by the Policy
Board, the Plan is transmitted to the Authority
for their consideration and approval.
44 Strategic Implementation Plan
The Authority will prepare a Strategic
Implementation Plan which provides
detailed guidance to local agencies on the
use of Measure C funds. The Authority
updates this plan every two years.
Expenditure Plan Amendments
Fresno COG has the primary responsibility
for initiating official amendments of the
Expenditure Plan. Fresno COG prepares
proposed amendments to be considered by the
COG Policy Board. Amendments approved by
the Policy Board are then transmitted to the
Authority for consideration. If approved by the
Authority Board, amendments are incorporated
into the Expenditure Plan.
The Authority Board may also initiate Expenditure
Plan amendments. The Authority shall take
all appropriate actions to give highest priority
to the projects and programs in the approved
Expenditure Plan, and if any amendments delay or
delete any project in the initial plan, the Authority
shall hold a public hearing and adopt a resolution
initiating the amendments.
The Authority shall notify Fresno COG,
the Board of Supervisors, and the city council
of each city in the county and provide them
with a copy of the proposed amendments.
The amendment is then approved by the
Board of Supervisors and then approved by a
majority of the cities constituting a majority of
the population residing in the incorporated
areas of the county. The proposed amendments
shall become effective immediately upon
completion of the approval process.
Independent Financial Audits
Currently, the Authority annually commissions
independent financial audits of the Measure C
programs and receipts. If the Measure is renewed
by the voters, the Authority would continue
to conduct independent financial audits
consistent with its enabling legislation.
Bonding
The FCTA Board may consider bonding
of future revenues if project needs, and
deliverability exceed cash flow. Bonding will
not be used until first determining that the
benefits of accelerated project or program
delivery outweigh the additional cost of
interest on narrowed funds.
45 For More Information
Contact the Authority or Fresno COG to inquire about the Measure C Renewal Extension process, discuss the candidate projects and programs contained in this Plan or to learn more about the current Measure C Extension Program.
Fresno Council of
Governments
Fresno COG
add 2035 Tulare Street, Suite 201
Fresno, CA 93721
ph (559) 233-4148
fax (559) 233-9654
web www.fresnocog.org
Visit the Fresno COG Website at
www.fresnocog.org for more information,
to sign up for our email list, and to receive
updates on Measure C planning activities.
Fresno County
Transportation
Authority
add 2220 Tulare Street, Suite 2101
Fresno, CA 93721
ph (559) 600-3282
fax (559) 600-1499
web www.measurec.com
Visit the Authority Website at
www.measurec.com for more information,
to sign up for our email list, and to receive
updates on current Measure C projects.
A copy of the implementing guidelines will be available June 2022 at:
www.measurecrenewal.com
46 Appendix A
Draft Measure C Renewal
Ballot Language
Without raising tax rates, shall an ordinance
to repair potholes, keep local roads in good
condition; upgrade structurally declining
bridges/overpasses; improve highway safety,
911 emergency vehicle access, air quality,
public transit services; protect low-cost senior
transportation options and create local jobs;
be adopted, continuing the voter-approved
transportation ½¢ sales tax (established 1986),
providing approximately $228 million annually
for 30 years; requiring audits, public oversight/
spending disclosure, local control?
47 Appendix B
Local Program Allocations by Agency
Agency Percentage MC3 30-Year Allocation
Clovis 10.83% $519,210,059
Coalinga 1.55 % $74,562,264
Firebaugh 0.77 % $36,943,703
Fowler 0.68 % $32,599,858
Fresno 48.13% $2,307,800,260
Huron 0.69 % $33,128,585
Kerman 1.48 % $71,008,461
Kingsburg 1.29 % $61,935,554
Mendota 1.12 % $53,838,196
Orange Cove 0.92 % $44,073,084
Parlier 1.41 % $67,641,387
Reedley 2.38 % $114,213,410
San Joaquin 0.43 % $20,611,555
Sanger 2.51 % $120,149,116
Selma 2.24 % $107,380,161
County of Fresno 23.57% $1,130,223,774
Total 100 % $4,795,319,460
Urban area receives the majority of the funding.
Transit Agency Formula Measure C 3 30-Year
Clovis 10 % $81,195,300
FAX 70 % $568,367,100
FCRTA 20 % $162,390,600
Total 100 % $811,953,000
Transit allocation split 70% FAX, 20% FCRTA, and 10% Clovis Transit. Estimates only and subject to change. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: SELECTING THE COLOR FOR THE TIRE-DERIVED PRODUCT TO BE INSTALLED AT
VARIOUS LOCATIONS CITYWIDE
DATE: JULY 26, 2022
ISSUE
Shall the City Council discuss and select the color for the tire-derived product that will be installed at various sites Citywide?
BACKGROUND
The Department of Resources Recycling and Recovery (CalRecycle) is authorized to administer various grant programs in furtherance of the State of California’s (state) efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting the public health and safety and environment. The City of Mendota (City) applied for the CalRecycle Tire-Derived Product Grant Program for funding in the amount of $149,783.00.
The City was awarded the grant funding to purchase rubber mulch form California-generated waste tires processed in California and manufactured into a final product.
ANALYSIS
The City will be installing rubber mulch at seven (7) sites throughout the city. All site types are for landscape purposes. West Coast Rubber Recycling, Inc., an approved vendor for this grant has colored rubber mulch in blue, green, black – N (gray), black – P (dark), brown and red. The citywide sites for rubber mulch installation are:
1) Sorensen Avenue – Streetscape
2) Roundabout on Bass & Barboza Street
3) Welcome Sign – (180)
4) Rojas-Pierce Park (near basketball courts)
5) Rojas-Pierce Park (wall near flags)
6) Baseball Diamond (near restrooms)
7) City Hall (flower beds)
Staff is requesting that the City Council review the various color options for the tire-derived product, select the color for the product that will be installed at various sites Citywide, and provide direction to staff as appropriate.
2 FISCAL IMPACT
No fiscal impact. This item is only selecting color options for the tire-derived product. An agenda item will be presented for the purchase of the material at a future meeting.
RECOMMENDATION
Staff recommends that the City Council review the various color options for the tire-derived product, select the color for the product that will be installed at various sites Citywide, and provide direction to staff as appropriate.
Attachment(s):
None
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR & CELESTE CABRERA-GARCIA, CITY CLERK VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: IN THE MATTER OF VARIOUS ACTIONS RELATED TO THE PROPOSED MENDOTA GENERAL TRANSACTIONS AND USE TAX BALLOT MEASURE: (1) CONSIDERATION OF ADOPTION OF RESOLUTION NO. 22-46; AND (2) CONSIDERATION OF WAIVING THE FIRST READING OF ORDINANCE NO. 22-03 AND SCHEDULING THE PUBLIC HEARING FOR AUGUST 9, 2022
DATE: JULY 26, 2022
ISSUE
Shall the City Council (1) adopt Resolution No. 22-46, approving various actions related to the proposed Mendota General Transaction and Use Tax ballot measure for the November 8, 2022, General Municipal Election, and (2) consider introducing and waiving the first reading of Ordinance No. 22-03 and scheduling the public hearing for August 9, 2022?
BACKGROUND
At its regularly scheduled meeting of June 14, 2022, the City Council discussed seeking additional revenue, in the form of a tax measure, for the purpose of providing and improving essential City services and infrastructure. The proposed tax measure would impose a general transactions and use tax of 1.25% (which is the maximum percentage allowed under Revenue and Taxation Code section 7251.1 in light of existing Fresno County transactions and use taxes), if approved by a majority of the voters of the City of Mendota (“City”). At the same meeting, the Council directed City staff to prepare the necessary materials to place the proposed ballot measure on the ballot for the November 2022 General Election.
On June 14, 2022, the City Council approved the proposed tax rate of 1.25% to be placed on all documents to be submitted for the November 2022 ballot for a proposed ordinance to levy or increase in sales and use tax. The revenue from this proposed tax will be placed in the City’s General Fund to be used for any lawful purpose, including, but not limited to, streets and parks expenditures. The California Department of Tax and Fee Administration (“CDTFA”) has estimated revenues to be $493,499.
ANALYSIS
The proposed Mendota General Transactions and Use Tax (the “Tax”) would generate approximately $493,499 in revenue and said revenue will be placed in the City’s General Fund to be used for any lawful purpose, including, but not limited to, expenditures related to streets and parks. If approved by the voters, the Tax would remain in place until repealed by the voters with a future ballot measure.
2 The documents attached to this staff report are needed in order to move forward with placing the proposed ballot measure on the November ballot and imposing the Tax.
Resolution No. 22-46 approves various actions related to the proposed ballot measure, including:
1. Calling for and ordering a Special Municipal Election to be consolidated with the regularly scheduled General Municipal Election to be held on November 8, 2022, to present to voters a measure to establish the Mendota General Transaction and Use Tax of
1.25%, as required by the provisions of the laws of the State of California; and
2. Requesting the Fresno County Board of Supervisors to consolidate the Special Municipal Election with the Statewide General Election to be held on the same date; and
3. Requesting that the Fresno County Board of Supervisors authorize the Fresno County Clerk/Registrar of Voters to render specified services to the City of Mendota related to the conduct of the Special Municipal Election; and
4. Approving the proposed ballot measure description; and
5. Authorizing the City Attorney to prepare the impartial analysis for the proposed ballot measure.
As a Resolution seeking to approve the form of the proposed ballot measure and ordinance submitting the Tax to the voters, the Resolution should be approved by at least two-thirds of the City Council. (See Revenue and Taxation Code, § 7285.9.) Ordinance No. 22-03 amends the Mendota Municipal Code to add Chapter 3.14 to Title 3.
Chapter 3.14 would formally impose the Tax and request that CDTFA administer the Tax. To take effect, the ordinance needs to be approved by two-thirds of the City Council and must be approved by a majority vote of the qualified voters of the City. (See Revenue and Taxation Code, § 7285.9; Government Code, §§ 53723, 53724; Elections Code, § 9222.) Upon consideration and approval of these documents, staff will submit them to Fresno County and CDTFA in order to move forward with placing the measure on the November ballot.
FISCAL IMPACT
An estimated $493,499.00 of revenue will be generated for the General Fund if the measure imposing the Tax is approved by two-thirds of the City Council and a majority of qualified voters in the City.
RECOMMENDATION
Staff recommends that the City Council (1) adopt Resolution No. 22-46, approving various actions related to the proposed Mendota General Transaction and Use Tax ballot measure for the November 8, 2022, General Municipal Election, and (2) consider introducing and waiving the first reading of Ordinance No. 22-03 and scheduling the public hearing for August 9, 2022.
Attachment(s):
1. Resolution No. 22-46
2. Ordinance No. 22-03
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 22-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA, CALIFORNIA: (1) CALLING FOR AND ORDERING A SPECIAL MUNICIPAL
ELECTION TO BE CONSOLIDATED WITH THE REGULARLY SCHEDULED GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, TO
PRESENT TO VOTERS A MEASURE TO ESTABLISH THE MENDOTA GENERAL TRANSACTIONS AND USE TAX OF 1.25%, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA; (2) REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF FRESNO TO CONSOLIDATE THE SPECIAL
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE; (3) REQUESTING THAT THE FRESNO COUNTY BOARD OF
SUPERVISORS AUTHORIZE THE FRESNO COUNTY CLERK/REGISTRAR OF
VOTERS TO RENDER SPECIFIED SERVICES TO THE CITY OF MENDOTA RELATED TO THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION; (4) APPROVING THE PROPOSED BALLOT MEASURE DESCRIPTION; AND (5) AUTHORIZING THE CITY
ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS FOR THE PROPOSED
BALLOT MEASURE
WHEREAS, the City of Mendota (“City”) has a duty to provide for the health, safety, and well-being of the Mendota community and ensure the viability of essential City services and infrastructure; and
WHEREAS, at its May 10, 2022, regular meeting, the City Council adopted Resolution No. 22-28 calling and giving notice of the holding of a General Municipal Election in the City and, among other things, requesting the Board of Supervisors of the County of Fresno consolidate the General Municipal Election with the Statewide General Election on Tuesday, November 8, 2022; and
WHEREAS, the City Council met at its regularly scheduled meeting of June 14, 2022, to discuss and consider seeking additional revenue in the form of a tax measure to be considered by the voters of the City for the purpose of providing and improving essential City services and infrastructure, and directed City staff to prepare materials for the City Council to consider placing a proposed ballot measure for the establishment of a general transactions and use tax at a rate of 1.25%; and WHEREAS, the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 of the Revenue and Taxation Code authorizes the City to establish a General Transactions and Use Tax by ordinance following approval by two-thirds (2/3) of the City Council and a majority vote of the qualified voters of the City voting in an election on the issue; and 2 WHEREAS, the City Council desires to submit to the City’s eligible voters, at a Special Municipal Election of the City consolidated with the City’s General Municipal Election and the Statewide General Election on November 8, 2022, a ballot measure proposal to impose the Mendota General Transactions and Use Tax at a rate of one and one-quarter cent per dollar (1.25%) (the “Measure”); and WHEREAS, the subject Measure is referred to herein as the “Mendota General Transactions and Use Tax”; and
WHEREAS, the proposed Mendota General Transactions and Use Tax is a general tax, the revenue of which will be placed in the City’s General Fund and be used to pay for any lawful public purpose, including, but not limited to, essential City services and infrastructure that the City deems necessary such as improving and maintaining public roads and parks; and
WHEREAS, the Mendota General Transactions and Use Tax will have strict accountability provisions such as annual independent audits; and WHEREAS, the California Department of Tax and Fee Administration shall administer and collect the Mendota General Transactions and Use Tax from retailers subject to the tax and remit the funds to the City; and WHEREAS, any tax measure submitted to voters must be consolidated with a regularly scheduled general election for members of City Council except in cases of emergency as determined by a unanimous vote of the Council pursuant to Article XIII C of the California Constitution; and
WHEREAS, pursuant to Part 3 of Division 10 of the Elections Code (commencing with Section 10400) the Fresno County Board of Supervisors is authorized to consolidate the Special Municipal Election with the Statewide General Election scheduled for November 8, 2022; and
WHEREAS, it is the desire of the City that the Special Municipal Election for the consideration of the Mendota General Transactions and Use Tax Measure be consolidated with the Statewide General Election to be held on November 8, 2022, and requests that the Fresno County Board of Supervisors consolidate said Special Municipal Election, and that the Fresno County Clerk/Registrar of Voters canvass the returns of the Special Municipal Election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota as follows:
SECTION 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and by this reference and made an operative part hereof.
SECTION 2. Pursuant to Article XIII C, Section 2, Subdivision (b), of the California Constitution, Section 53724 of the Government Code, Section 9222 of the Elections Code, and Part 1.6 and Part 1.7, Chapter 2.3, of Division 2 of the Revenue and Taxation 3 Code, the City Council of the City of Mendota hereby calls and orders a Special Municipal Election at which it shall submit to the qualified voters of the City, a measure relating to the establishment of the Mendota General Transactions and Use Tax with a rate of one and one-quarter cent per dollar (1.25%).
SECTION 3. The City Council requests the Fresno County Board of Supervisors consolidate the Special Municipal Election for this Measure with the Statewide General Election to be held on November 8, 2022, pursuant to section 10400 of the Elections Code.
SECTION 4. The City Council requests that the Fresno County Clerk/Registrar of Voters conduct the election and canvass the returns, and the City agrees to reimburse the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Fresno County Clerk/Registrar of Voters to be directly related to the conduct of the City of Mendota’s Special Municipal Election together with the City’s proportionate share of the expenses for election services rendered by Fresno County that are being shared equally with other jurisdictions, if any, by virtue of the consolidation of the City’s Special Municipal Election with the elections being held by other jurisdictions, if any, in the City of Mendota on November 8, 2022.
SECTION 5. At the Statewide General Election to be held on November 8, 2022, the following ballot question shall be submitted to registered voters of the City of Mendota and shall be printed on the election ballot with the title and in the form set forth as follows:
MEASURE M
MENDOTA GENERAL TRANSACTIONS AND USE TAX
To provide additional funding for essential City of Mendota services, including, but not limited to, improving parks and roads, shall the measure establishing the Mendota General Transactions and Use Tax of 1.25%, providing approximately $493,498 annually until repealed, subject to publicly available annual audits with all funds benefitting Mendota residents, be adopted?
YES
NO
SECTION 6. The Measure shall be designated on the ballot by a letter, as provided in Section 13116 of the Elections Code. The City respectfully requests that the letter designation “Measure M” be assigned to this Measure by the Registrar if such letter designation is available.
SECTION 7. Passage of the Measure requires a simple majority of votes from qualified voters of the City voting in the election.
SECTION 8. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 4 SECTION 9. Pursuant to Elections Code section 12111, the City Council hereby directs the City Clerk, with the assistance of the City Attorney, to prepare a synopsis of the Measure and transmit the synopsis to the Fresno County Clerk/Registrar of Voters to be published in accordance with section 12111.
SECTION 10. The full text of the Ordinance submitted to the voters to enact the Measure is attached as Exhibit “A.” The full text of the Ordinance and Measure is not required to be printed in the sample ballot and voter’s information guide. However, the full text of the Measure and the full text of the Ordinance will be made available at the Office of the Fresno County Clerk/Registrar of Voters and the Office of the Mendota City Clerk.
SECTION 11. Arguments in favor of or against the proposed measure are permissible and shall be filed with the Fresno County Clerk/Registrar of Voters in accordance with applicable provisions of the Elections Code, including sections 9280 through 9287 thereof. Mayor Rolando Castro and Mayor Pro Tempore Jesus Mendoza are authorized to prepare and file a written argument in favor of the proposed Measure, not to exceed 300 words, on behalf of the City Council. In the event that an argument is filed against the Measure, they are also authorized to submit a rebuttal argument on behalf of the City Council.
SECTION 12. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney, and the City Attorney shall prepare an impartial analysis of the Measure in accordance with Elections Code section 9280 and file it with the Fresno County Clerk/Registrar of Voters.
SECTION 13. The Fresno County Clerk/Registrar of Voters shall give the appropriate notices for the election and shall conduct the election pursuant to appropriate provisions of state law. Said notices shall be published in the Firebaugh-Mendota Journal published by KerWest, Inc., 652 S. Madera, Avenue, Kerman, CA 93630.
SECTION 14. The City Clerk shall file a certified copy of this Resolution with the Fresno County Clerk/Registrar of Voters as required by applicable law. The City Clerk is hereby authorized and directed to work with the Fresno County Clerk/Registrar of Voters and take all steps necessary to cause placement of the Measure and any associated arguments, analysis, synopsis, summary, or ballot question on the ballot.
SECTION 15. The City Clerk and City Attorney are authorized to make any typographical, clerical, non-substantive corrections to this Resolution and the Measure to be placed on the ballot as may be deemed necessary by the Fresno County Clerk/Registrar of Voters.
SECTION 16. CEQA. The adoption of this Resolution is not subject to environmental review under the California Environmental Quality Act (Public Resources Code section 21000 et seq.; “CEQA”) and CEQA regulations (14 California Code of Regulations section 15000 et seq.) because the calling and noticing of a Special Municipal Election for the submission of a ballot measure to voters is not a project.
The proposed tax measure establishes rules and procedures to implement government 5 funding mechanisms; does not involve any commitment to a specific project which could result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review. (Pub. Res. Code, § 21065; 14 Cal. Code Regs., §§ 15378, subds. (a), (b)(4), and (b)(5), 15064, subd. (d)(3).)
SECTION 16. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution or its application to other persons and circumstances. The City Council of the City of Mendota hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable.
_____________________________
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 26th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit A
1 EXHIBIT A TO RESOLUTION NO. 22-46
BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
AN ORDINANCE OF THE PEOPLE OF THE ORDINANCE NO. 22-__
CITY OF MENDOTA ADDING CHAPTER 3.14
TO TITLE 3 OF THE MENDOTA MUNICIPAL CODE
TO ENACT A MENDOTA GENERAL TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of Mendota (“City”) is authorized to levy a local Transactions and Use Tax for general purposes, subject to majority voter approval; and
WHEREAS, Article XIII C, Section 2, of the California Constitution requires general purpose taxes be submitted for voter approval at a general election unless an emergency is declared as the term “emergency” is used in Article XIII C, Section 2, Subdivision (b), of the California Constitution; and
WHEREAS, the City Council of the City of Mendota (“City”) called a Special Municipal Election and, on July 26, 2022, approved a ballot measure establishing a Mendota General Transactions and Use Tax for general purposes at a rate of one and onequarter cent per dollar (1.25%) (the “Measure”), to be submitted to the voters of the City at the November 8, 2022, Statewide General Election; and
WHEREAS, if the Measure is approved by the voters by a majority vote, this Ordinance would establish a general Transactions and Use Tax to be deposited in the City’s General Fund for any lawful public purpose and the measures to implement and administer such tax; and
WHEREAS, this Ordinance, if approved by the City Council and Mendota voters, will be incorporated into the Mendota Municipal Code as Chapter 3.14 of Title 3.
NOW, THEREFORE, the People of the City of Mendota do ordain as follows:
SECTION 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and by this reference made an operative part hereof.
///
///
2 SECTION 2. Chapter 3.14, Mendota General Transactions and Use Tax, shall be added to Title 3 of the Mendota Municipal Code, and shall read as follows:
3.14.010 – Title.
This Chapter shall be known as the Mendota General Transactions and Use Tax Ordinance. The City of Mendota hereinafter shall be called "City." This Chapter shall be applicable in the incorporated territory of the City.
3.14.020 – Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Chapter, the date of such adoption being as set forth below.
3.14.030 – Purpose.
This Chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue 3 and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Chapter.
3.14.040 – Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
3.14.050 – Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1.25% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Chapter.
3.14.060 – Place of Sale.
For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
3.14.070 – Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Chapter for storage, use or other consumption in said territory at the rate of 1.25% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
4 3.14.080 – Adoption of Provisions of State Law.
Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Chapter as though fully set forth herein.
3.14.090 – Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Chapter.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
i. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible
personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other
consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and
Taxation Code, or;
ii. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
5 B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
3.14.100 – Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Chapter.
3.14.110 – Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
i. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1
6 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with
Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
ii. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under
penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Chapter, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 7 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this Chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code 8 with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3.14.120 – Amendments.
All amendments subsequent to the effective date of this Chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Chapter.
3.14.130 – Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.14.140 – Severability.
If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
3.14.150 – Duration of Tax.
The authority to levy the tax imposed by this ordinance shall continue until this Chapter is repealed.
Section 3. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council and People of the City of Mendota declare they would have passed the remainder of this Ordinance as if such invalid portion thereof had been deleted.
Section 4. CEQA. The adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (Public Resources Code section 21000 et seq.; “CEQA”) and CEQA regulations (14 California Code of Regulations section 15000 et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
Accordingly, this Ordinance does not constitute a “project” that requires environmental 9 review. (Pub. Res. Code, § 21065; 14 Cal. Code Regs., §§ 15378, subds. (a), (b)(4), and (b)(5), 15064, subd. (d)(3).)
SECTION 5. Approval by the City Council. Pursuant to Government Code section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) vote of the City Council on July 26, 2022.
SECTION 6. Approval by the Voters; Effective Date. Pursuant to Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Mendota voting at the Statewide General Election on November 8, 2022. This Ordinance shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.
Section 7. Certification. The Mayor will sign this Ordinance and the City Clerk will attest and certify its passage and adoption if a majority of voters voting in the Special Municipal Election consolidated with the General Municipal Election and Statewide General Election on Tuesday, November 8, 2022, approve the Measure approving this Ordinance.
PASSED, APPROVED, and ADOPTED by the People of the City of Mendota at a General Election held on November 8, 2022.
November 8, 2022:
YESSES:
NOES:
______________________________
Rolando Castro, Mayor
ATTEST:
______________________________
Celeste Cabrera-Garcia, City Clerk
APPROVED AS TO FORM:
_____________________________
John Kinsey, City Attorney
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
AN ORDINANCE OF THE CITY COUNCIL OF ORDINANCE NO. 22-03 THE CITY OF MENDOTA ADDING CHAPTER 3.14
TO TITLE 3 OF THE MENDOTA MUNICIPAL CODE
TO ENACT A MENDOTA GENERAL TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of Mendota (“City”) is authorized to levy a local Transactions and Use Tax for general purposes, subject to majority voter approval; and
WHEREAS, Article XIII C, Section 2, of the California Constitution requires general purpose taxes be submitted for voter approval at a general election unless an emergency is declared as the term “emergency” is used in Article XIII C, Section 2, Subdivision (b), of the California Constitution; and
WHEREAS, the City Council of the City of Mendota (“City”) called a Special Municipal Election and, on July 26, 2022, approved a ballot measure establishing a Mendota General Transactions and Use Tax for general purposes at a rate of one and onequarter cent per dollar (1.25%) (the “Measure”), to be submitted to the voters of the City at the November 8, 2022, Statewide General Election; and
WHEREAS, if the Measure is approved by the voters by a majority vote, this Ordinance would establish a general Transactions and Use Tax to be deposited in the City’s General Fund for any lawful public purpose and the measures to implement and administer such tax; and
WHEREAS, the City Council wishes to adopt this Ordinance to establish the Mendota General Transactions and Use Tax as Chapter 3.14 of Title 3 of the Mendota Municipal Code, contingent upon Mendota’s voters approving the Measure.
NOW, THEREFORE, the City Council of the City of Mendota does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein and by this reference made an operative part hereof.
///
///
2 SECTION 2. Chapter 3.14, Mendota General Transactions and Use Tax, shall be added to Title 3 of the Mendota Municipal Code, and shall read as follows:
3.14.010 – Title.
This Chapter shall be known as the Mendota General Transactions and Use Tax Ordinance. The City of Mendota hereinafter shall be called "City." This Chapter shall be applicable in the incorporated territory of the City.
3.14.020 – Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Chapter, the date of such adoption being as set forth below.
3.14.030 – Purpose.
This Chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue 3 and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Chapter.
3.14.040 – Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
3.14.050 – Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1.25% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Chapter.
3.14.060 – Place of Sale.
For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
3.14.070 – Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Chapter for storage, use or other consumption in said territory at the rate of 1.25% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
4 3.14.080 – Adoption of Provisions of State Law.
Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Chapter as though fully set forth herein.
3.14.090 – Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Chapter.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
i. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible
personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other
consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and
Taxation Code, or;
ii. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
5 B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
3.14.100 – Permit Not Required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Chapter.
3.14.110 – Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
i. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1
6 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with
Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
ii. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under
penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this Chapter, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 7 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Chapter.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this Chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code 8 with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3.14.120 – Amendments.
All amendments subsequent to the effective date of this Chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Chapter.
3.14.130 – Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.14.140 – Severability.
If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter and the application of such provision to other persons or circumstances shall not be affected thereby.
3.14.150 – Duration of Tax.
The authority to levy the tax imposed by this ordinance shall continue until this Chapter is repealed.
Section 3. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council and People of the City of Mendota declare they would have passed the remainder of this Ordinance as if such invalid portion thereof had been deleted.
Section 4. CEQA. The adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (Public Resources Code section 21000 et seq.; “CEQA”) and CEQA regulations (14 California Code of Regulations section 15000 et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.
Accordingly, this Ordinance does not constitute a “project” that requires environmental 9 review. (Pub. Res. Code, § 21065; 14 Cal. Code Regs., §§ 15378, subds. (a), (b)(4), and (b)(5), 15064, subd. (d)(3).)
SECTION 5. Approval by the Voters; Effective Date. Pursuant to Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Mendota voting at the Statewide General Election on November 8, 2022. This Ordinance shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.
* * * * * * * * * *
The foregoing ordinance was introduced on the 26th day of July 2022 and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the 9th day of August 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ______________________________
Rolando Castro, Mayor
ATTEST:
______________________________
Celeste Cabrera-Garcia, City Clerk
APPROVED AS TO FORM:
_____________________________
John Kinsey, City Attorney
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: HOLDING THE DEVELOPMENT AGREEMENT ANNUAL REVIEW HEARING FOR LEFT
MENDOTA I, LLC
DATE: JULY 26, 2022
ISSUE
Shall the City Council hold the Development Agreement Annual Review Hearing for Left Mendota I, LLC?
BACKGROUND
Government Code section 65865.1 provides development agreements “shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement.” (Gov. Code, § 65865.1.) “If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement.” (Gov. Code, § 65865.1.) Section 8.2 of the Development Agreement with Left Mendota I, LLC (“Developer”) provides:
Section 8.2. Annual Review. City shall, at least every twelve (12) months during the Term of this Agreement, review the extent of good faith, substantial compliance of Developer and City with the terms of this Agreement. Such periodic review by City shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section 65865.1. City shall deposit in the mail or fax to Developer a copy of all staff reports and, to the extent practical, related exhibits concerning this Agreement or the Project’s performance, at least seven (7) calendar days prior to such periodic review. Developer shall be entitled to appeal a determination of City or City Manager to the City Council. Any appeal must be filed within ten (10) calendar days of the Developer’s receipt of the written decision of City or City Manager, respectively.
Developer shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before City, the City Manager, or City Council, as applicable.
On Tuesday, July 19, 2022, the City of Mendota provided Developer a Notice of Annual Review of Development Agreement (the “Notice). The Notice included the Development Agreement and all Resolutions and Ordinances related to its approval. The Notice also informed Developer that it would be permitted an opportunity to be heard orally or in writing regarding its performance under the Development Agreement at this hearing. 2 RECOMMENDATION
Staff recommends that the City Council discuss Left Mendota I, LLC’s performance under the development agreement and provides direction to staff.
Attachment(s):
1. Notice of Annual Review Hearing
2. Development Agreements for Left Mendota I, LLC
3. Electronic Link to: Documents related to Development Agreement’s Approval
CITYOF MENDOTA
ooCantaloupe Center Of The World"
NOTICE OF'DEVELOPMENT AGREEMENT AI\NUAL REVIEW HEARING
Government Code S 65865.1
VIA II.S. MAIL:
Left Mendota I, LLC
1315 N. North Branch Street, Suite D
Chicago, IL 60 642
Attention: Chris Lefko vitz
Katchko Vitiello & Karikomi, PC
1 1835 W. Olympic Blvd 860E
Los Angeles, CA 90064
Attention: Yelena Katchko, Esq.
Annual Review of Development Agreement, Mendota California Left Mendota I. LLC
To Whom It May Concern:
On Tuesday, July 26,2022, at 6:00 p.m., the City of Mendota shall host an annual review hearing to determine the extent of your good faith, substantial compliance with the Development Agreement dated February 9,2021, and then amended on November 9, 2021, between you and the City of Mendota (the "Hearing"). This annual review hearing is scheduled pursuant to Government Code section 65865.1 and Section 8.2 of the Development Agreement.
During the Hearing, you shall be permitted an opportunity to be heard orally or in writing regarding your performance under the Development Agreement.
Pursuant to Section 8.2 of the Development Agreement, the City of Mendota has enclosed copies of all staff reports and agenda items related to your performance.
Please contact Cristian Gonzalez, City Manager for the City of Mendota, by phone at (559) 655-3291or via email at sfisliilfif,I,citl,gfmendota.com if you have any concerns.
Very
Celeste Cabrera-Garcia, MPA, CMC
Re:
643 0uince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDD/ITY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) ci.mendota.ca.us
The City ol Mendota is an equal opportunity provider and employer
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FRESNO CountY Recorder
Paul Dictos, CPR
l,lednesday, f,pr 13, 2022 12z21,z06 P]'l
Tit [es: I Pages: 39
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Mendota
643 Quine Street
Mendota, CA 93640
Attn: City Manager
Fees :
CR SB2 Fee:
Taxes:
Tota I :
CITY OF I'IENDOTA
$0 .00
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AMENDE,D DEVELOPMENT AGREE,MENT
Agreement") is made and
2021 , by and between
of California ("City"), and
LEFT MENDOTA I, LLC, a Delaware limited
Developer may be referred to herein individually as
There are no other parties to this Agreement.
liability company ("Developer"). CitY or
a "Party" or collectively as the "Parties."
A. On October 9,2015,Govemor Jerry Brown signed three bills into law (Assembly Bill266,Assembly Billz43,and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"). MCRSA establishes a statewide regulatory system for thI cultivation, procissing, trur,spottution, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.
B. On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act 1',,{UMA";, which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis pro"iucts, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.
C. On June 2l,2017,Governor Jerry Brown signed into law the Medicinal and Adultuse cannabis Regulation and Safety Act ("MAUCRSA"), which creates a single regulatory scheme for both medicinal and adult-ur" "*nubir businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Rctlivity, as defined in Section 1.4 of this Agreement, may operate in a particular j urisdiction.
D. Developer proposes to improve, develop, and use real property for the operation of Cannabis Businesses thut
"ngug"
in culiivatiorr, *u.r.rfucturing, distribution, delivery or testing 1 THIS AMENDE,I)
entered into on this day of
the CITY OF MENDOTA, a municiPal of the State
t,
of Cannabis and Cannabis Products, as defined in Section 1.4 of this Agreement, in strict accordance with California Cannabis Laws, as defined in Section 1.4 of this Agreement, as they may be amended from time to time, and the Municipal Code of the City of Mendota as it existed o, ih. Effective Date (the "Project"). The Project includes approximately 100,000 square feet of buildings and additional outdoor space for Commercial Cannabis Activity.
E. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopied Government Code section 65864 et seq. (the "Development Agreement Statute"), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application.
F. Developer has submitted a request to the City for consideration of a development agreement.
G. Government Code section 65865 requires an applicant for a development agreement to hold a legal or equitable interest in the real property that is the subject of the development agreement. Developer is the fee simple owner or has an equitable interest in the real prop.riy located at 1269 Marie Street, in the City of Mendota, County of Fresno, State of -Califomia,
Assessor's Parcel Number 013-280-15 (the "Site"), more particularly described in the legal description attached hereto as Exhibit A and the Site Map attached hereto as Exhibit B.
H. On September 12, 2017, the City Council of Mendota ("City Council") adopted Ordinance No. I 7- 1 3 establishing zoning limitations and requirements for all cannabis businesses, including the proposed cannabis facility to be located at the Site.
I. Government Code section 65867.5 requires the Planning Commission to hold a public hearing to review an application for a development agreement.
J. On February 27,2018, the City Council, in a duly noticed and conducted public hearing, and conducted the first reading of proposed Ordinance No. 18-02.
K. Pursuant to Government Code section 65867.5, on March 13,20t8, the City Council reviewed, considered, adopted, and entered into this Agreement pursuant to Ordinance No. 18-02.
L. On September 8, 2020, the City Council adopted Ordinance No. 20-16, establishing additionai requirements for the operation and entitlement of commercial cannabis businesses operating within the City.
M. On May 25,2021, the City Council adopted Ordinance Nos. 21-07 and 21-08, revising the requirements applicable to the operation and entitlement of commercial cannabis businesses operating within the City.
N. Govemment Code section 65867 requires the Planning Commission to hold a public hearing to review an application for a development agreement. 2 O. On December 15, 2020, after a duly noticed and held Planning Commission meeting, the planning Commission voted to recommend approval of Developer's application for an amended development agreement for the Project'
p. On January l2,212l,the City Council, in a duly noticed public hearing, introduced and conducted the first reading of ordinance No. 2l-04, an ordinance of the Council of the City of Mendota Approving Ameniments to the Development Agreement No. 2018-01 in the matter of Application No. Zi-Z+,the Left Mendota I, LLC Commercial Cannabis Project (APNs 013- 280-1s &225).
a. pursuant to Government Code section 65867.5, on January 26,2021, the City Council ieviewed, considered, adopted, and entered into the prior iteration of Agreement pursuant to Ordinance No. 2l-04.
R. In its prior iteration, as adopted on January 26,2O2l,this Agreement amended and superseded the original Developmenf Agreement No. 18-01 with MARIE STREET DEVELOpMENT, LLC ("Former Developer), dated March 13, 2018, Fresno County Recorded InstrumentNo.20lg00:rq5:, ana any -ndall non-financial andterminable obligations of Former Developer therein. Former Developer executed the Agreement's prior iteration, and, as a result, is no longer a party to the Agreement and its amendments as contemplated herein' S. On September 21,2021, after a duly noticed and held Planning Commission meeting, the planninjCommission voted to recommend approval of Developer's application for an amended development agreement for the Project'
T. On Octobe r 26,2021,the City Council, in a duly noticed public hearing, introduced and conducted the f,rrst reading of ordinance No. 2l-18, an ordinance of the City Council of the city of Mendota Approving Airendments to the Development Agreement No. 18-01 in the matter of Application No. )0-04,-th" Left Mendota I, LLC Commercial Cannabis Project (APNs 013- 280-ls &,225).
U. This Agreement is entered into pursuant to the Development Agreement Statute and the Mendota MuniciPal Code.
V. City and Developer desire to enter into this Agreement to: (i)_facilitate the orderly development of the Site in geneial and specifically to ensure that such development is consistent with Title l7 of the Mendoti Municipal 0ode; (ii) create a physical environment that is consistent with, complements, and promotes the purposes and intent of the Commercial Cannabis Overlay District and the regulat-ions adopted therewith; (iii) protect natural resources from adverse impacts; and (vi) red--uce the economic risk of development of the Site to both City and Developer' W. The parties intend through this Agreement to allow Developer to develop and manage the Project in accordance with the terms of this Agreement.
X. The City Council has determined that this Agreement is consistent with City's General plan and have conducted all necessary proceedings in accordance with City's Municipal Code for the approval of this Agreement'
a
J
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:
AGREEMENT
ARTICLE 1
GENERAL PROVISIONS
Section 1.1. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, ,rLty, und g.rr"rul welfare and is consistent with City's General Plan, including all text and maps in the c.n.*t Plan. The City further finds (i) that Developer shall not be liable io. *y outstanding obligations or defaults of Former Developer under the original Development Agreernent No. t glO t and shall not be considered a successor-in-interest of the Former Developer foi the purposes of Section 10.2 of the original Development Agreement; and (ii) that upon execution oittris Agreement, there shall be no outstanding amounts due to the City by Developer stemming from the original Development Agreement No. 18-01.
Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a partof this Agreement. In the event of any inconsistency between the Recitals and the provisions of Arti"l.. t ihrough 10 of this Agreement, the provisions of Articles 1 through 10 shall prevail.
Section 1.3. Exhibits. The following "Exhibits" are attached to and incorporated into this Agreement:
Designation Description
Exhibit A
Exhibit B Site
Exhibit C Notice of
Exhibit D Notice of Termination
Exhibit E Assignment and Assumption Agreement
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meaning:
(a) "Additional Insureds" has the meaning set forth in Section 6.1. (b) "Additional License" means a state license to operate a cannabis business pursuant to the Caiifornia Cannabis Laws that is not an Authorized License. 4 (c) "Adult-Use Cannabis" means a product containing cannabis, including, but not limited to,
"orr".nt
ute, urd "*t actions, intended for use by adults 2l years of age or over in California pursuant to the California Cannabis Laws.
(d) "Asreement" means this Development Agreement, inclusive of all Exhibits attached hereto.
(e) "Application" means the application for a development agreement submitted by Developer to the CitY.
(0 "Assignment and Assumption Asreement" has the meaning set forth in Section
10.1. (g) "AUMA" means the Adult Use of Marijuana Act (Proposition 64) approved by California voters on November 8, 2016.
(h) "Authorized License" has the meaning set forth in Section 2.3. (D ,,Bureau" means the Bureau of Cannabis Control within the Department of Consumer Affairs, fo-rmerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation. 0) "California Building Standards Codes" means the California Building Code, as amended-fro* tirrr. to tir*, in Parf 2, Volumes I and 2, as part of Title 24 of the California Code of Regulations, as may be adopted by the Mendota Municipal Code. (k) "California Cannabis Laws" includes AUMA, MAUCRSA and its implementing regulations, CUA, th. M.di"rl Marijuana Program Act of 2004, and any other applicable state laws that may be enacted or approved.
0) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabi, ,.rd..ulir, *hether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether.*d. or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compornd, manuibcture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as dedned by section trofs.iof the Health and Safety Code. Cannabis and the term "marijuana" may be used interchangeablY.
(m) "Cannabis Business" means a cannabis business operating pursuant to an Authorized License.
(n) "Cannabis Product" means cannabis that has undergone a process whereby the plant materiul h* b"o, t *.formed into a concentrate, including, but not limited to, concentrated 5 cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(o) "CEQA" means the California Environmental Quality Act, as set forth in Division 13 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines u, ."i forth in Title 14 (Commencing with Section 15000) of the Califomia Code of Regulations.
(p) rtgiryrt means the City of Mendota, a municipal corporation having general police powers.
(q) "City Council" means the City of Mendota City Council.
G) "City Manager" means the City Manager of the City of Mendota, or his or her designee.
(s) "Charged Party" has the meaning set forth in Section 8.1' (t) "Charging Partv" has the meaning set forth in Section 8.1. (u) "Commercial Cannabis Activity" means to cultivate, manufacture, distribute, p.o"".r, rtore, package, label, transport, deliver, or test cannabis or cannabis products as provided ior by Division 10 (commencing with Section 26000) of the Business and Professions Code. (v) "Conditional Use Permit" means a conditional use permit for the Project issued by the City pursuant to Mendota Municipal Code Chapter 17.08.050. (w) "CIJA" means the Compassionate Use Act (Proposition 215) approved by California voters on November 5,1996.
(x) "Developer" means LEFT MENDOTA I, LLC, and as further set forth in Section
6.1. (y) "Developed Portions of the Property" means the designated structure or structures and all land specified in the development agreement application and the corresponding conditional use permit that is owned, leased, or otherwise held under the control of Developer. (z) "Development Agreement Statute" has the meaning set forth in Recital E. (aa) rrExhibitsrr has the meaning set forth in Section 1.3. (bb) "Major Amendment" means an amendment that shall have a material effect on the terms of the Agreement. Major Amendments shall require approval by the City Council. (cc) "Marijuana" has the same meaning as cannabis and those terms may be used interchangeably.
6 (dd) "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety a.t, roain"a * g*iness and Professions Code section 26000 et seq. and its implementing regulations.
(ee) rrMCRSArr has the meaning set forth in Recital A'
(f0 "Ministerial Fee" or "Ministerial Fees" has the meanings set forth in Section 4.1. (gg) "Minor Amendment" means a clerical amendment to the Agreement that shall not material'l-y-uff."t ttr" t..ntr of the Agreement (e.g., change of notice address) and any amendment described as minor herein.
(hh) "Mortgase" has the meaning set forth in Article 7' (ii) "Non-Performance Pendry" has the meaning set forth in Section 4.3 (i) "Notice of Non-Performance Penaltv" has the meaning set forth in Section 4.3. (kk)
0l) "Processing Costs" has the meaning set forth in Section 1.1 1. (mm) "Project" has the meaning set forth in Recital D'
(rur) "Project Litigation" has the meaning set forth in Section 10.7. (oo) "Public Benefit Fees" has the meaning set forth in Section 4.2. (pp) "Public Benefit Amount" has the meaning set forth in Section 4.2. (qq) "Site" has the meaning set forth in Recital G'
(rr) "State Cannabis Manufacturing Regulations" means the regulations related to cannabis *urrrrfurt*irrg iror.d by a State Licensing Authority in accordance with Chapter 13 (commencing with SeJion 26130) of Division 10 of the Business and Professions Code, which may be amended from time to time.
(ss) "State Licensing Authority" means the state agency responsible for the issuance, renewal, or reinstatement of a state cannabis license, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws. (tt) "Subsequent City Approvals" has the meaning set forth in Section 3-1. (uu) "Term" has the meaning described in Section 1'7'
Section 1.5. project is a private Undertaking. The Parties agree that the Project is a private development and that City has no interest theiein, except as authorized in the exercise of its goveminental functionr. iity shall not for any purpose be considered an agent, partner, or joint venturer of Developer or the Project.
"Notice of Termination" has the meaning set forth in Section 9.1 . 7 Section 1.6. Effective Date of Agreement. This Agreement shall become effective upon the date that the ordinance approving this Agreement becomes effective and title to the Site is vested in the Developer (the "Effective Date").
Section 1.7. Term. The "Term" of this Agreement is thirty (30) years from the Effective Date, unless terminated or extended earlier, as set forth in this Agreement. (a) Government Tolling or Termination. City may provide written notice to Developer to cease all Commercial Cannabis Activity, upon which Developer shall immediately comply, if City is specifically required to comply with federal or state law and such federal or state law ."q.rir", ctssation of Commercial Cannabis Activities. If City temporarily halts this Agreement to comply with federal or state law, this Agreement shall be tolled for an equivalent p"iiod of time (the ;'Tolling Period"). Developer shall not accrue or be liable to City for any -lvlinisterial
Fees, public Benefit Amount, or any other fees contemplated under this Agreement during the Tolling period. Developer shall resume paying any applicable fees after the Tolling period ends. City and Developer shall discuss in good faith the termination of this Agreement if the Tolling Period exceeds one (l) calendar year.
(b) Developer Tolling or Termination. Developer may not temporarily halt or suspend this Agreement for any purpose without causing a default of this Agreement, except as otherwise allowed by this Agreement.
(c) Developer Termination. Developer may provide written notice to City of intent to cease all Commercial Cannabis Activity, if Developer is required, directed, or believes, in its sole and absolute discretion, it must terminate Commercial Cannabis Activity. In such an event, Developer obligations under this Agreement shall terminate. Any resumption of Commercial Cannabis Activity shall be subject to approval by the City Manager. Notwithstanding anything to the contrary heiein, temporary termination of Commercial Cannabis Activities to make renovations, repairs, or comply with any applicable laws shall not be considered termination of Commercial Cannabis Activities.
Section 1.8. priority of Enactment. In the event of conflict between the various land use documents referenced in this Agreement, the Parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (a) General Plan, (b) Agreement, (d) Conditional Use Permit, and (e) Subsequent City Approvals, as defined in Section 3.1 of this Agreement.
Section 1.9. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the parties. All amendments shall be in writing. The City Council hereby expressly authorizes the City Manager to approve a Minor Amendment to this Agreement, upon notification of the City Council. A Major Amendment to this Agreement shall be approved by the City Council. The City Manager shall, on behalf of City, have sole discretion for City to determine if an amendment is a Minoi Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law. 8 Section 1.10. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded againsf the title of the Site within ten (10) business days of the Effective Date.
Section 1.11. Funding Agreement for Processing Costs. Developer has deposited Seven Thousand Five HundrJa doUu.s ($7,500) with City to pay for the Application, all actual, reasonable fees and expenses incurred by City that are related to the preparation, processin8, and annual review ofthis Agreement, includ-ing recording fees, publishing fees, staff time, consultant and reasonable attom"f f".r and costs (collectively, "Processins Costs"). The Processing Costs are refundable solely to ttre extent of non-expended Processing Costs. Developer shall be entitled to a refund of avaiiable processing Costs bdy after City determines all financial obligations associated with the Project have been received and paid by city. (a) Apportionment of Processing Costs. If the amount deposited for purposes of pro."rsir,g Costs ls insufficient to cover all Processing Costs, City shall provide notice to Developei, and Developer shall deposit with City such additional funds necessary to pay for all processing Costs within thirty (30i calendar days. The failure to timely pay any such additional amounts r:equested by city shatiue considered a material default of this Agreement and city may immediately terminate this Agreement.
(b) Accounting. Developer may request, and City shall issue within a reasonable time, * u".or*ting and written acknowledgement of Processing Costs paid to City ARTICLE 2
DEVELOPMENT OF PROPERTY
Section 2.1. vested Right of Developer. During the Term, in developing the Site consistent with the project described hJrein, Developer is assured that the development rights, obligation terms, and conditions specified in this Agreement, including, without limitation, the terms, conditions, and limitations set forth in the Exhibits, are fully vesled in Developer and may not be modified or terminated by City except as set forth in this Agreement or with Developer's written consent.
Section 2.2. Vested Right to Develop. In accordance with Section 2.1, Developer shall have-the vested right to develoi and use the Project consistent with this Agreement, the existing City regulatiois and codes,ihe Conditional Use Permit, and Subsequent City Approvals' Section 2.3. permitted Uses and Development Standards. Developer shall be authorized to develop, construct, and use the Site for
^Commercial
Cannabis Activity consistent with the
following license types and uses associated with said license types (the "Authorized License"):
License l)escriPtion State License TYPe(s)
Cultivation Indoor rAl2Al3AlsA
Cultivation Mixed rRl2Bl3RlsR
Cultivation Processor
Cultivation 4
Manufacturing 1 6
9 A
Manufacturing2 7
Laboratory T 8
Distributor 11
Distributor Transport Only (Self- 13
Distribution)
Non- storefront Retailer 9
Microbusinesss t2
*Microbusiness Licensees may not engage ln
Cannabis Activity associated with a Storefront Retailer license (Type 10), but may engage in Commercial Cannabis Activity usually associated with a Non-Storefront Retailer license (Type g), provided that they are included within the Non-storefront Retailer designation for pu{poses of paying the Non-Storefront Commercial
laid out in Section 4.2 below.
Developer or its tenants or assignees shall be permitted to use the Site consistent with the Authorized License types for thelerm of this Agreement and during the time Developer or its tenants or assignees is-applying for the Authorized License with the applicable State Licensing Authority. Notirrithstanaingih. foregoing, Developer or each of its tenants or assignees is required to apply for and obtain an-Authorizid License from the applicable State Licensing Authority. If tne Stai" Licensing Authority does not grant the Authorized License to Developer or its tenants or assignees, DevJoper or thl tenant or assignee that was denied a license shall immediately cease Commercial Cannabis Activity on the Site. Developer or its tenants or assignees shall also, within ten (10) calendar days of receiving notice from the State Licensing Authority relating to a denial o, ,.1."tio1 of a license, notifu City of the State Licensing Authority's denial or rejection of any license. If the Authorized License is not granted by the State Licensing Authority, Developer ol its tenants or assignees shall immediatelyieas" operations. In this situation, this Agreement shall terminate immediately. For the purposes of clarification, a denial or rejection of Developer's tenants or assignee's Authorized Lic"rrse shall not result in the termination of this agreement provided (x) other Authorized Licenses have been issued to Developer, its tenants or assignees; or (V) Developer or its tenants or assignees are in the process of applying for an Authorized License. The parties intend for this Agreement and the Conditional Use Permit to serve as the definitive and controlling documents for all subsequent actions, discretionary or ministerial, relating to development of the Site and Project.
Section 2.4. Major Amendment to Permitted Uses. Developer may request to add to the Authorized License one or more of the license types then authorized by the California Cannabis Laws. If City Council allows any additional Authorized Licenses ("Additional Licenses"), City Council shall make a finding of whether Developer's or its tenants' or assignees' Additional Licenses will have any additional impact on City neighborhoods, infrastructure, or services.
Developer shall be required to compensate City for all additional impacts on City infrastructure o, ,.*ir", associated with any additional Licenses and the Public Benefit Amount shall be revised as mutually agreed by the Parties. This process shall be a Major Amendment to this Agreement.
10 Section 2.5. Development Permit. Prior to commencing operation of any Commercial Cannabis Activity on the Siti, Developer shall obtain a Conditional Use Permit and any applicable Subsequent City Approvals. Developer shall be required to comply with all provisions of the Mendoia tvtunicipaf bode and any other City rules and administrative guidelines associated with implementation of the Commercial Cannabis Overlay District. Nothing in this Agreement shall be construed as limiting the abitity of City to amend the Mendota Municipal Code or issue rules or administrative guideiin"r asso"iated with implementation ofthe Commercial Cannabis Overlay District or Developer's obligation to strictly comply with the same.
Section 2.6. Subsequent Entitlements, Approvals, and Permits. Successful implementation of the project shal require Developer to obtain additional approvals and permits from City and other local and state agencies. City shall compty with CEQA in the administration of all Subsequent City Approvals. in acting upon any Subsequent City Approvals, City's exercise of discretion and permit authority shall "orrfo.-
to this Agreement. Notwithstanding the foregoing, in the course of iuting action Ln the Subsequent City Approvals, City will exercise discretion in adopting mitigation measures as part olth. Conditional Use Permit. The exercise of this discretion is not prohlbited by this Agreanent, but the exercise of that discretion must be reasonable and consistent with this Agreement. Nothing in this Agreement shall preclude the evaluation of impacts or consideration of mitigation measures or altematives, as required by CEQA.
Section 2.T.lnitiatives and Referenda. If any City ordinance, ruIe or regulation, or addition to the Mendota Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement, an associated Conditional Use Permit, Subsequent City Approvals, or reduce the development rights or assurances provided to Developer in this Agreement, such Mendota Municipal Code changes shall not be applied to the Site or Froject and this Agreement shall remain in full force and effect; provided however, the parties acknowledge that City's approval of this Agreement is a legislative action subject to referendum. City shall cooperate with Developer and shall undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms to the fullest extent permitted by state or federal 1aw.
Section 2.g. Regulation by Other Government Entities. Developer acknowledges that City does not have authority orjurisdiction over any other govemment entities' ability to grant govemmental approvals or permitstr to impose a moratorium or other limitations that may negatively affect the p-roject or the ability of City to issue a permit to Developer or comply with the terms of this Agieement. Any moratorium imposed by another govemment entity, including the State Licensing Authority, on City shall not cause City to be in breach of this Agreement.
Section 2.9. Developer's Right to Rehuild. Developer may renovate portions ofthe Site any time within the Term of this Agreement consistent with the Mendota Municipal Code. Any such renovation or rebuild shall be subject to all design, building code, and other requirements imposed on the Project by this Agreement.
Section 2.10. Changes in California Building Standards Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring from time to time to the California Building Standards Codes' ll
t
Section 2.11. Changes Mandated by Federal or State Law. The Site and Project shall be subject to subsequently enicted state or federal laws or regulations that may preempt the Mendota Municipal Code, or mandate the adoption or amendment of local regulations, or are in conflict with this Agreement or local rules or guidelines associated with the Commercial Cannabis Overlay Dislrict. As provided in Section 65869.5 of the Development Agreement Statute, in the event ,tut" o, federai laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more p.*iriorrr of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Upon discovery of a subsequently enacted fediral or state law meeting the requirements of this Section, City or Developer shall prbvide the other Party with written notice of the state or federal law or regulation, *d u written statement of the conflicts thereby raised with the provisions of the Mindota Municipal Code or this Agreement. Promptly thereafter, City and Developer shall meet and confer in good faith in , rea.onuble attempt to modiff this Agreement, as necessary' to comply with such fediral or state law or regulation provided City shall not be obligated to agree to any modification materially increasing iis obliga-tions or materially adversely affecting its rights and benefits hereunder. In such discussions, City and Developer will attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving thJconflict. If City, in its judgment, determines it necessary to modiff thi.s Agreement to addresJsuch conflict, City shall have the right and responsibility to do so, and shall no-t have any liability to Developer foi doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer's proposed .f,*g"r to ttre Project that are necessary to comply with such federal or state law and that such prop-osed change. rtrull be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement.
Section 2.12. Heilth and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to ihe development contemplated by this Agreement, City ugr"., that ilshall attempt, ifreasonably possible as determined by City in its discretion, to address sich emergency in u *uV that does rrof hur" a material adverse impact on the Project. If City determinesl in its discretiln, that it is not reasonably possible to so address such health and safety emergency, to select that option for addressing the situation which, in Crty's discretion, minimizes, so far as reasonably possible, the impact on development and use of the Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.
ARTICLE 3
ENTITLEMENT AND PERMIT PROCESSING, INSPECTIONS
Section 3.1. Subsequent City Approvals. City shall permit the development, construction, and conditionally permitted use contemplated in this Agreement. City agrees to timely grant, pursuant to the terms of this Agreement, the Mendota Municipal Code as it existed on the Effective Date, and any Subsequent
-Ctty epp.ovals reasonably necessary to complete the goals, objectivgs, policies, standards, ana piurs described in this Agreement. The Subsequent City Approvals shall inctude any applications, permits, and approvals required to complete the improvements necessary to develop th" Sit", in general accordance with this Agreement ("Subsequent City Approvals")' Nothing herein shail re{uire City to provide Developer with Subsequent City Approvals prior to, t2
.|'
l
or without complying with, all ofthe requirements in this Agreement, the Mendota Municipal Code as it existed on the Effective Date, and any applicable state law.
Section 3.2. Timely processing. City shall use its reasonable best efforts to process and approve, within a reasonable time, any Subsequent City Approvals or environmental review requested by Developer during the Term of this Agreement'
Section 3.3. Cooperation between City and Developer. Consistent with the terms set forth herein, City agrees to cooperate with Developer, on a timely basis, in securing all permits or licenses that -uy U! required Uy City or any othei government entity with permitting or licensing jurisdiction over the Project.
Section 3.4. Further Consistent Discretionary Actions. The exercise of City's authority-and independent judgment is recognized under this Agreement, and nothing in this Agreement shall be interpreted as tLiting city's discretion or obligation to hold legally required public hearings' except as otherwis. ,I"t fortf, herein, such discreiion and action taken by City shall, however, be consistent with the terms of this Agreement and not prevent, hinder or compromise development or use of the Site as contemplated by the Parties in this Agreement.
ARTICLE 4
PUBLICBENEFIT,PROCESSING,ANDOVERSIGHT
Section 4.1. Processing Fees and charges. Developer shall pay to city those processing, inspection, plan checkin[, and monitoring fees and charges required by City which are in force and effect at the time those fees and charges are incurred (including any post-Effective Date increases in such fees and charges) for processing applications and requests for building permits, inspections, other permits, appr&ais and actions, ani monitoring compliance with any permits issued or approvals granted-or the performance of any conditions (each a "Ministerial Fee" and collectively, the "Ministerial Fees").
Section 4.2. Public Benefit.
(a) The parties acknowledge and agree that this Agreement confers substantial private benefit upon Developer that will -ptu." bu.d"rrr upon city infrastructure, services, and neighborhoods. Accoriingly, the Parties intend to provide consideration to City to offset these impacts that is "o-*"rr,riJe with the private benefiis conferred on Developer (the "Public Benpfit Fees,,). Developer acknowledges that it "
prrbli" Benefit Fees provided for herein are greater than the annual fee provided for in Mendota Municipal Code section 17.99.070 and, despite this fact, voluntarily agrees to pay the fees acknowledging that the private benefits^conferred are of equal or greater consi-deration to tt. fees, and waives any right to challenge said fees as a violation of any law. In consideration of the foregoing, Developer shall remit to City the following payments (collectively referred to as the "Public Benefit Amounts"):
(i) An annual payment of Eighty-Five Thousand Dollars ($85,000) fo1 eac! Non-Storefront Retailer and Microbusiness Authoriied License actively operating on the Site and engaging in Commercial Cannabis Activity usually associated with a Non-Storefront Retailer l3
t
license ("Non-Storefront Paymed'), paid in equal payments of Twenty-one Thousand Two Hundred and Fifty Dollr.r ($21250; on ttre First (t't) brxir.tt day of every Third (3'd) month; and (ii) An annual payment of Two Hundred and Ten Thousand Dollars ($210,000) paid in equal payments of Fifty-Twl Thousand Five Hundred Dollars ($52,500) on the First (1't) tusiness auy of Lrr"ty Third (3'd) month ("Quarterlv Payment"); and (iii) $8.00 per square foot (the "square Foot Charge") of the existing buildings on the premisls allocated for Authorized Licenses, which are occupied by tenants and such tenants are aciually engaging in Commercial Cannabis Activity, including, but not limited to, indoor cultivation, **,rfuri.ning, distribution, or non-storefront retail of cannabis or cannabis products less any euarterly Paymerr:ts that have been tendered to the City during the applicable period' The Square Foot Charge shall be paid to the City on the First (1't) Business Day of every Sixth (6th) month throughoui the Term. For purposes of clarification, the Square Foot Charge shall only become due as to that potion of the
^site
*here the Developer or its tenants or assignees are actively engaging in Commer"iul C*nabis Activities, and with respect to indoor cultivation, the actual ,uioiv -.pu"" where indoor cultivation occurs. In the event the Developer or its tenants or assignees are not actively engaging in Commercial Cannabis Activities on the Site, the City shall only"receive the Quart"riy ruy-ent. In the event the Developer or any of its tenants or assignees are actively
"rgugirrg
in io*-e.cial Cannabis Activities on the Site, the Square Foot Charge shall be reduced by *y Quarterly Payments already paid to the City; and (iv) Fifty cents ($0.50) per square foot of the canopy space in any structure used for mixed light cultivation type oi Arrtt oiired Licenses, which are occupied by tenants and such tenants are a-ctually engagin! in mixed-light cultivation of cannabis ("Greenhouse Payment"). Th:
Greenhouse payment shall be paid to tnZ city on the First (1't) guiiness Day of every third (3'd) month of the Term. For the purpor.r of thii Section, the Greenhouse Payment shall mean the actual amount of canopy (measured by the aggregate area of vegetative growth of live cannabis plants on the premises).
(b) Developer shall remit the Non-Storefront Payment, Quarterly Payment, Square Foot Charge, and Greenhouse payment, as applicable, to City on as described in subdivision (a) of this section. Failure to remit the Quarterly Payment, Non-Storefront Payment, and Square Foot Charge, and Greenhouse Payment as applicable, is a material breach of this Agreement' (c) The Square Foot Charge referred to in subdivision (aXiiD of this section shall be subject to a five percent (5%) increase at the commencement of the tenth (10th) year of the term (,.First Adjustment Date;;, tir. twentieth (20th) year of the Term ("Second Adjustment Date"), ;"@aiof the Term (the "Third Adjustment Date"). The Parties hereby agree that there shall be no further increases to the Square Foot Charge after the Third Adjustment Date for the remainder of the Term.
(d) Notification. At least thirty (30) days before the adjustment of the Square Foot Charge'as pro.ridfi i, *bdivision (c) bl Section a.2 o! this Agreement, City shall notifu DevJl,oper in writing of the amount of the new Square Foot charge in effect until the next adjustment date. Th'e City's failure to provide Developer with advance notice of an increased t4
Square Foot Charge prior to an adjustment date shall not be deemed a waiver of the City's right and entitlement to receive said increased Square Foot Charge owed by Developer in any way' Section 4.3. Reporting. Developer shall provide City with copies of Authorized Licenses issued by a State Licensing ^n;uthority to Developer and its tenants within forty-five (45) calendar days oi irrrrun". of such license to a tenant and each annual renewal thereafter ("State Licenses").
Developer shall also provide City with a list of tenants that have received a rent credit for employing at least fiS percent <iON> of City residents in accordance with Section 4.8 of this Rg.e.-eit within thirty^ (30) caiendar days of each-anniversary of the Effective Date of this Aireement (.'Local Woikforce Report";. Failure or refusal of Developer to pay the Public Benefit Amount ,hull "orrrtit.rt.
full urd sufficient grounds for the revocation or suspension of the Conditional Use permit. Notwithstanding anything to the contrary herein, failure to provide copies of State Licenses or Local Workforce Report within the applicable time period shall not amount to a material default of this Agreement and shall not constitute grounds for the revocation or suspension of the Conditional Use Permit.
Section 4.4. Records. Subsequent tenants or assignees shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (commencing with Section26l60) of Division 10 ofthe Business and professions Code. All records required by this Article 4 shall be maintained and made available for City's examination and duplication (physical or electronic) upon the City Manager,s request at the Siie or at an alternate facility as approved in writing by the City Manager or hislr her designee. Upon request, Developer shall make all records relating to this Article 4 available to City within three (3) business days.
Section 4.5. penalty. Developer acknowledges that to ensure proper compliance with the terms of this Agreement and any applicable laws, City must engage in costly compliance review, inspections, and, if necessary, enforcement actioni to protect the health, safety, and welfare of its residents. penalty and interest provisions are necessary to assist City in compliance review and enforcement actions. If Developer fails to make any payment when due as required by thil Agreement, including the public Benefit Amount, and fails to cure such failure within the allotted Cure period, ExtendJd Cure Period, or any extension thereof mutually agreed upon by the Parties in writing, it" city may impose a "Non-Performance Penaltv." A Non-Performance Penalty of one perient (1%i shali be applied t" ,lt past due payments. City shall deliver to Developer a ,'Notiie of Non-performance Penalty," attached hereto as Exhibit C. Payment of the NonPerforman,"P",u@einsta11mentdueonorbeforeadatefifteen(l5)calendar days following delivery of the Notice of Non-Performance Penalty.
Section 4.6. Interest on Unpaid Non-Performance Penalty. If Developer fails to pay the Nonperformance penalty after iity has delivered the Notice of Non-Performance Penalty, then, in addition to the principal amount of the Non-Perforrnance Penalty, Developer shall pay City interest at the rate of ei-ghteen percent (18%) per annum, computed on the principal amount of the Non-perforrnance penaity, from a date-fifteen (15) calendar days following delivery of the Notice of Non-Performance PenaltY.
Section 4.7. Exempt from City Tax. For the Term of this Agreement, Developer shall be exempt from any City tax &, "o**".cial cannabis businesses. Notwithstanding the foregoing, Developer and project sirall be subject to any and all taxes, assessments, or similar charges or fees of general 15 applicability enacted by the federal government, state government, or County of Fresno, including uny tu, appiicable to an area greater than the City limits to which City may be a party (i.e., county tax sharing agreement). In the event that the City applies a new tax on commercial cannabis businesse{ th; City shall refund or credit the amount owed as Public Benefit Amount by an equal amount up to the amount of Public Benefit Amount owed to the Developer and any assuming owner proportional to the percentage ownership share of the gross land area of the Site. For the p.r.por., of clarifrcation, other than the Public Benefit Amount, the Processing Fees, and any oth"r fe"r contemplated pursuant to this Agreemenl, Developer shall be exempt from any and all City taxes and feei relating to commercial cannabis activity and commercial cannabis businesses passed following the execution of this Agreement.
Section 4.8. Employing City Residents. Developer agrees to use its best efforts to promote the hiring and employmlnt of local City residents to construct, if necessary, operate the business(es) withir the projett, and provide maintenance and security services to the Project, provided Developer has control over such hiring and employment. As part of such efforts, Developer agrees to include in any lease, license or other conveyance ofany right to use the Project such language that any transfeiee of such interest shall use its best efforts to hire and employ local City residents for its tusiness. Developer further agrees to provide a four percent (4%) base rent credit to any tenant whose workforce consists of at least fifty percent (50%) of local City residents at the end of each calendar year for the period the tenant's workforce meets the criteria set forth herein.
Section 4.9. Manner of payment. All payments required to be made to City pursuant to this Agreement shall be paid by ieveloper via check, ACH payment, or wire transfer through a bank lic-ensed and in good rt*ding with all appropriate regulatory bodies. No payment required pursuant to this .A.greement may be made in cash. Developer understands 1d agrees that any iailure to comply with this Section 4.9 shall constitute a material breach of this Agreement.
Section 4.10. Charitable Donation. Upon the fulI execution of this Agreement, Developer shall make a one-time donation in the amount of Ten Thousand Dollars ($10,000) to a charity or program focused on drug education or rehabilitation as selected by the City.
Section 4.11. Site Beautification. Upon the full execution of this Agreement, Developer shall spend up to Ten Thousand Dollars 1$tb,OOO; to clean up the vacant land portions of the Site and Uuitaing facades. Developer agrees to use its best efforts to promote the hiring and employment of local City residents to complete this work.
ARTICLE 5
PUBLIC FACILITIES, SERVICES, AND UTILITIES
City shall use the Public Benefit Amount to pay for the impact on and maintenance or improvement of City neighborhoods, for the general welfare of the residents of Mendota, and the "*irting
level of service of City infrastructure and services to accommodate for the Project. 16 ARTICLE 6
INSURANCE AND INDEMNITY
Section 6.1. Insurance. Developer shall require all persons doing work on the Project, including its contractors and subcontractors (collectively, "Developer" for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this Article with carriers reasonably satisfactory to City.
(a) General Liability Insurance. Developer shall maintain commercial general liabitity irrr**"" or equivalent form with a timit of not less than One Million Dollars ($1,00b,000) (or as otherwise approved, in writing, by City) per claim and Two Million Dollars ($2,000,000) each occulrence. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as "Additional Insureds" by endorsement with respect to performance-of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured. (ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. (iii) Contain standard separation of insured provisions' (b) Automotive Liability Insurance. Developer shall maintain business, automobile liability irrr*urr." or equivalent form with a timit of not less than One Million Dollars ($1,00b,000) for each accident. Such insurance shall include coverage for owned, hired, and nonowned automobiles. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, urd ."p."sentatives as Additional Insureds by endorsement with respect to lerformance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds. (iD Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. (iii) Contain standard separation of insured provisions' (c) Workers' Compensation Insurance. Developer shall take out and maintain during ih" T"r- of this Agreernent, workers' compensation insurance for all of Developer's emplJyees employed at or on the Project, and in the case any of the work is subcontracted, Oeveloper strail require any general contractor or subcontractor similarly to provide workers' compensation insuiance for such contractor's or subcontractor's employees, unless such .*pioy"., are covered by the protection afforded by Developer. In case any class of employee ""gug"a
in work on the Pioject is not protected under any workers' compensation law, Developer shill-provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of employees not otherwise protected. Developer hereby indemnifies City for any t7
damage resulting from failure of Developer, its agents, employees, contractors, or subcontractors to taki out or *uirrtui, such insurance. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) for each accident shall be maintained.
Section 6.2. Other Insurance Requirements. Developer shall do all of the following:
(a) prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidence all insurance required in this Article, including evidence that such insurance will not be canceled, allowed to expire, or be materially reduced ir,
"or".uge
without thirty (30) days prior written notice to City. Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and poii"i"., and properly execJed certificates of insurance evidencing the insurance required herein. (b) Replace or require the replacement of certificates, policies, and endorsements for any insurance required herein expiring prior the termination of this Agreement. (c) Maintain all insurance required herein from the Effective Date of this Agreement to the "u.ii., of the expiration of the Term or the mutual written termination of this Agreement. (d) place all insurance required herein with insurers licensed to do business in California with a current Best's Key Rating Guide reasonably acceptable to City.
Section 6.3. Indemnity. To the fullest extent permitted by law, Developer shall defend, indemniff, and hold harmless City and its agents, elected and appointed officials, offlcers, e*ploy"es, consultants, and volunteers (collectively, uQity's Asents") from any and all liability arisinj oui of a claim, action, o. p.o"".ding against City, or City's Agents, to attack, set aside, void, or annul an approval conceming the Froject, this Agreement, any applicable Conditional Use Permit, or Subsequent City Approvals.
Upon receiving notice of a claim, action, or proceeding, Developer shall assume the defense of thl claim, action, or proceeding and the payment of all attomeys'fees and cost1, incurred in good faith and in the .*"r.ir. of reasonable discretion, of City's counsel in defending such an action prior to Developer's assumption of such defense. In the event City elects to contract with outside Lounsel, to provide for sucir a defense, City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel. City shall have the absolute and sole authority to control the litigation and make litigation decisions, including, but not limited to, approving counsel to defend City and settlement or other disposition of the ,rritt.r, provided the Ciiyshall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Developer, Developer may enter into a settlement ofine action, as it relates to Developer, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such u"iiorr. This Section 6.3 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation' The City's ,"-"di.. are limited to that portion of the Project that is in breach of this Section 6.3. l8
Section 6.4. Failure to Indemniff; Waiver. Failure to indemnifr City, when required by this Agreement and upon receiving proper notice, shall constitute a material breach of this Agreement an-cl of any applicable Conditional Use Permit and Subsequent City Approvals, which shall entitle City to ail remedies available under law, including, but not limited to, specific performance and damages. Failure to indemniff shall constitute grounds upon which City may rescind its approval of anf applicable Conditional Use Permit. Developer's failure to indemniff City shall be a waiver Uy Olveloper of any right to proceed with the Project, or any portion thereof, and a waiver of D"r"lop".b right to file a claim, action or proceeding against City or City's Agents based on City's rescission or revocation of any Conditional Use Permit, Subsequent City Approvals, or City's failure to defend any claim, u.iior, or proceeding based on Developer's failure to indemnifu City.
Section 6.5. Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damagJs from Dlveloper and, therefore, Developer hereby waives all claims for damages against Cit! for breach of this Agreement. Developer further acknowledges that under the Development Agreement Statute, land use approvals (including development agreements) must be approved Uv tfr" City Councit and that, under law, the City Council's discretion to vote in any particuiar way may not Le constrained by contract. Developer therefore waives all claims for aumag", against City in the event that this Agreement or any Project approv-al is: (1) not approved by thJ Citf Council or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletionsio which Developer is opposed. Developer further acknowledges that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under la*, ihe City Council's discretion to avoid a referendum by rescinding its approvai of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City in this regard. Notwithstanding the foregoing, nothing in this Section 6.5 shatl amount to a waiver of Developer's right to exercise any of the administrative remedies available to Developer under applicable law and pursue any and all equitable remedies against the City in the event of the City's breach of this Agreement, including without limitation eiercising its right to appeal, filing a Writ of Mandamus, or seeking specific performance.
ARTICLE 7
MORTGAGEE PROTECTION
This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site or any portion thereof following recording of this Agreement, including the lien of any deed of trust or mortgage ("Mortgage";. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, aiminish, or impair the lien of any Mortgage made in good faith and for value. This Agreement shall immediately be deemed in default and immediately terminate upon the foreclosure or transfer ofany interest in the Site or Project, provided such foreclosure or the transfer of interest results in the change of Developer, whether by operation of law or any other method of interest change or transfer, unless the City Manager has authorized such change or transfer in advance, in writing, which authorization shall not be unreasonably withheld. r9
ARTICLE 8
DEFAULT
Section 8.1. General Provisions.
(a) Subject only to any extensions of time by mutual consent in writing, or as otherwise provided herein, the failure or delay by any Party to perform in accordance with the terms and provisions of this Agreement shall constitute a default. Subject to Section 8.1(g), any Party atteging a default or breach of this Agreement ("Chareing Party") shall give the other Party ("Charged Party") not less than thirty (30) calendar days written notice, which shall specify the ;rt*. "f th.
"tl"ged
default and the manner in which the default may be cured ("Cure Period").
During any such
-Cure
Period, the Charged Party shall not be considered in default for purposes of termination of this Agreement or institution of legal proceedings for the breach of this Agreement.
(b) After expiration of the Cure Period, if such default has not been cured or is not in the process of being diligently cured in the manner set forth in the notice, or if the breach cannot reasonably be cured wiitrin thirty (30) calendar days, the Charging Party may, at its option, institute llgal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to Government Code section 65868. In the event City is the Charging Party, Cf,y may, in its sole discretion, give notice, as required by law, to the Charged Party of its intent to ievoke or rescind any operable Conditional Use Permit related to or concerning the Project. (c) Prior to the Charging Party giving notice to the Charged Party of its intent to terminaie, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review UV CitV in the manner set forth in Government Code sections 65865, 65867 , and 65868 or the comparable provisions of the Mendota Municipal Code within thirty (30) calendar days from the expiration of the Cure Period.
(d) Following consideration of the evidence presented and said review before City, and after providing the bharged Party an additional thirty (30) calendar day period to cure, the Charging Party may institute legal proceedings against the Charged Party or may give written notice of termination of this Agreement to the Charged Party. (e) Evidence of default may arise in the course of a regularly scheduled periodic review of this Agreement pursuant to Government Code section 65865.1, as set forth in Section
8.2. If any Party determines that another Party is in default following the completion of the normally sctreduted periodic review, without reference to the procedures specified in Section
8.1(c), said Party may give written notice of termination of this Agreement, speciffing in the notice the alleged nature ofthe default and potential actions to cure said default where appropriate' If the alleged default is not cured in sixty (60) calendar days or within such longer period specified in the notlce, or the defaulting Party is not diligently pursuing a cure, or if the breach cannot reasonably be cured within theperiod or the defaulting party waives its right to cure such alleged default, this Agreement may be terminated by the non-defaulting Party by giving written notice. 20 a
(0 In the event Developer is in material default under the terms and conditions of this Agreement, no permit application shall be accepted by City nor will any permit be issued to DJveloper until the default is cured, or the Agreement is terminated. (g) In the event that a person or entity other than the Developer is in default, the Developir shall use commercially ieasonable efforts to bring the person or entity in default into compliance. The City shall proviie the Developer with notice and opportunity to cure as provided for in paragraph 1a) ihrough (e) above, except thut th. time periods in paragraphs (a), (b), (c) and (e) shall be ninety (90) days ("Extended Cure Period")' Section 8.2. Annual Review. City shall, every twelve (12) months during the Term of this Agreement, review the extent of good faith, substantial compliance of Developer and City with th. t".rr* of this Agreement. Such periodic review by City shall be limited in scope to compliance with the terms of this Agreement pursuant to Califomia Government Code section 65865.1. City shall deposit inthe mail or email to Developer a copy of all staff reports and, to the extent practical, related exhibits concerning this Agreement or the Project's performance, at least seven (7) calendar days prior to such annual review. Developer shall be entitled to appeal a determination of City or City Manager to the City Council. Any appeal must be frled within ten (10) calendar days of the Developer:s receipt of ine written decision of City or the City Manager, respectively' Developer shall bL permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before City, the City Manager, or City Council, as applicable' Section g.3. Estoppel Certificates. City shall, with at least twenty (20) calendar days prior written notice, execute, acfuowledge, and deliver to Developer, Developer's lender, potential investors, or assignees an Estoppel Certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement, and that the Agreement has not been modified or terminated and is enforceable in accordance with its terms and conditions. (a) At Developer's option, City's failure to deliver such Estoppel Certificate within the stated time period shall be conciusive evidence that the Agreement is in full force and effect, that there are no uncured breaches or defaults in Developer's performance of the Agreement or violation of any City ordinances, regulations, and policies regulating the use and development of the Site or the Project subject to this Agreement'
Section g.4. Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Developer shall not be obligated to proceed with or complete the project, and shall constitute grounds for termination or cancellation of this Agreement bY DeveloPer.
Section 8.5. Cumulative Remedies of Parties. In addition to any other rights or remedies, City or Developer may institute legal or equitable proceedings to cure, correct, or remedy any default, enforce any covenant, or enjoin any threatened or attempted violation of the provisions of this Agreemeni, so long as any such action conforms to section 8'l (c) of this Agreement' 2l
Section 8.6. Enforced Delay, Extension of Times of Performance. Delays in performance, by either party, shall not be deerned a default if such delays or defaults are due to war, instffrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, govemmental restrictions imposed where mandated by govemmental entities other than City including in the event of a pandemic, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, litigation, o, oit.r forcemajeure events. An extension of time for such cause shall be in effect for the period of forced delay or longer, as may be mutually agreed upon.
ARTICLE 9
TE,RMINATION
Section 9.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the T"*, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination in ,ribrt*tiul .orrforrn*ce with the "Notice of Termination" attached hereto as Exhibit D, and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.
Section 9.2. Effect of Termination on Developer' Obligations. Termination of this Agreement shall etiminate any funher obligation of Developer to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this Agreement, in whole or in part, shall not, however, eliminate the rights of Developer to seek any ap"pticable and available remedies or damages based upon acts or omissions occurring before termination.
Section 9.3. Effect of Termination on City's Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof, if such termination relates=to only part of the Site or Project. Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.
Section 9.4. Survival After Termination. The rights and obligations of the Parties set forth in this Sectiong.4,Section 2.8, Section 6.3, Section 10.3, Section 10.4, Section 10.5, Section 10.7, and any right or obligation of the Parties in this Agreement which, by its express terms or nature and contex is intended to survive termination of this Agreement, will survive any such termination.
ARTICLE 10
OTHER GENERAL PROVISIONS
Section 10.1. Assignment and Assumption. Developer shall not have the right to sell, assign, or transfer all or any part of its rights, title, and interests in all or a portion of Site, or Project, subject to or a part of this Agreement, to any person, firm, corporation, or entity during the Term of this Agreement without [e advance written consent of the City Manager, such consent shall not be urieasonably withheld or conditioned. Any assignment or transfer prohibited by this Agreement will be considered an immediate breach of this Agreement and City may elect to immediately 22 terminate this Agreement as it applies to the assumed property. If the City Manager approves an assignment or transfer of any interest detailed in this Section 10.1, City and Developer shall execute an "Assignment and Assumption Agreement" in the form attached hereto as Exhibit E.
Nothing in this Section 10.1 applies to the Developer's capitalization or ownership provisions.
Section 10.2. Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of interest in the Site or Project, whether by operation of law or in any manner whatsoever. All ofthe provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land ptrsuant to California law, including California Civil Code Section 1468.
Each covenant herein to act or refrain from acting is for the benefit ofor a burden upon the Project, as appropriate, runs with the Site, and is binding upon Developer.
Section 10.3. Notices. Any notice or corlmunication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile or email (with original forwarded by regular U.S. Mail), by registered or certified mail (retum receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile or email transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party's facsimile machine. Notices transmitted by facsimile or email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution ofthe address to which such notice or communication shall be given. Such notices or cofirmunications shall be given to the Parties at their addresses set forth below:
If to City: City of Mendota
643 Quince Street
Mendota, CA 93640
Attention: City Manager
And to: Wanger Jones Helsley PC
265 E. River Park Circle, Suite 310
Fresno, Californi a 937 20
Attention: John P. KinSey, Esq.
23 If to Developer: Left Mendota I, LLC
1315 N North Branch St, Suite D
Chicago, IL 60 642
Attention: Chris Lefkovitz
And to: Katchko Vitiello & Karikomi, PC
11835 W Olympic Blvd 860E
Los Angeles, California 90064
Attention: Yelena Katchko, Esq.
Section 10.4. Governing Law and Binding Arbitration. The validity, interpretation, and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of Califomia. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by binding arbitration in Fresno, California, before one arbitrator. The arbitration shall proceed p*r,r*t to the Comprehensive Arbitration Rules and Proceedings ("Bules") of the Judicial Arbitration and Mediation Services ("JAMS"). If the Parties cannot agree on an arbitrator within 30 days of the first notice by either Party of the need for arbitration, the arbitrator shall be chosen in actordance with the then current Rules of JAMS. The arbitrator shall apply California substantive law and shall have the power to enforce the rights, remedies, duties, liabilities and obligations of discovery by the imposition of the same terms, conditions and penalties as can be imposed in like circumstances in a civil action by a court of competent jurisdiction of the State of California The arbitrator shall have the power to grant all legal and equitable remedies provided by California law and award compensatory damages provided by Califomia law, except that punitive damages shall not be awarded. The arbitration award shall be final and binding upon the Parties and may be enforced through an action thereon brought in the Superior Court for the State of California in Los Angeles County.
Section 10.5. Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any term or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state stitute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.
Section 10.6. Cumulative Remedies. In addition to any other rights or remedies, City and Developer may institute legal or equitable proceedings to cure, correct, or remedy any default, to 24 t
specifically enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of tfr" provisions of this Agreement. The prevailing party in any such action shall be entitled to reasonable attorneys' fees and costs. Notwithstanding the foregoing or any other provision of this Agreement, in the event of City default under this Agreement, Developer agrees that Develop"r -uy not seek, and shall forever waive any right to, monetary damages against City, but excluding therlfrom the right to recover any fees or charges paid by Developer in excess of those permitted hereunder.
Section 10.7. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity challenging this Agreement or any associated entitlement, permit, o. upprorai granted by City to Developer for the Project (collectively, "Project Litigation"l, the farties agree to cooperate with each other as set forth herein. City may elect to t*ao the defense of any lawsuit filed and related in whole or in part to Project Litigation with legal counsel selected by City. Developer will indemniff, hold City harmless from, and defend City from all costs and expenses incurred inthe defense of such lawsuit, including, but not limited to, damages, attorneys' feis, and expenses of litigation awarded to the prevailing party or parties in such litigation. Developer shall pay all litigation fees to City, within thirty (30) days of receiving a written iequest and accounting of such fees and expenses, from City. Notwithstanding the aforementioned, City may request, and Developer will provide to City within seven (7) days of any such request, a deposit to cover City's reasonably anticipated Project Litigation fees and costs.
Section 10.8. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and ifril be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.
Section 10.9. Statute of Limitations and Laches. City and Developer agree that each Party will undergo a change in position in detrimental reliance upon this Agreement from the time of its """",rtio1
and subsequently. The Parties agree that section 65009(c)0)@) of the Califomia Government Code, which provides for a ninety (90) day statute of limitations to challenge the adoption of this Agreement, is applicable to this Agreement. In additiotr, ilY person who may chailenge the validity of this Agreement is hereby put on notice that, should the legality or validity of this Agreement be challenged by any third party in litigation, which is filed and served more than ninety (90) days after the execution of this Agreement, City and Developer shall each assert the affirmative defense of laches with respect to such challenge, in addition to all other available defenses. This Section in no way limits the right of a Party, claiming that the other Party breached the terms of this Agreement, to bring a claim against the other Party within the four (4) year statute of limitations set forth in Section 337 of the California Civil Code.
Section 10.10. Change in State Regulations. In no event shall Developer operate the Project in violation of the Agreement, or any applicable regulations issued pursuant to the Califomia Cannabis Laws, as may be amended from time to time.
25 Section 10.11. Standard Terms and Conditions.
(a) Venue. Venue for all legal proceedings shall be in the Superior Court of California in and for the County of Fresno.
(b) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No party shall be deemed to have made any such waiver unless it is in writing and signed by the PartY so waiving.
(c) Completeness of Instrument. This Agreement, together with its specific references, attachm'ents, and Exhibits, constitutes all of the agreements, understandings, representaiions, conditions, warranties, and covenants made by and between the Parties hereto' Unless set forth herein, no party to this Agreement shall be liable for any representations made, express or implied.
(d) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prioi agreements, discussions, commitments, or representations, *riitt.rr, electronic, or oral, beiwlen thJParties hereto with respect to the Site and the Project' (e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein ihutl in no way be held to explain, modiff, ampliff, or aid in the interpretation, construction, or meaning of the provisions of this Agreement' (0 Number and Gender. In this Agreement, the neutral gender includes the feminine and masculine, and the singular includes the plural, and the word "person" includes corporations, partnerships, firms, or associations, wherever the context requires. (g) Mandatory and Permissive. "Shall" and "will" and "agrees" are mandatory. "May" or "can" are permissive.
(h) Term Includes Extensions. All references to the Term of this Agreement shall include any extensions of such Term.
(i) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
0) Other Documents. The Parties agree that they shall cooperate in good faith to u."o-piirh the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
(k) Time is of the Essence. Time is of the essence in this Agreement in each covenant, term, and condition herein.
26 at
0) Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, statis, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract o. ug.""-.nt to which such Party is obligated, which such breach would have a material effect hereon.
(m) Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties' (n) Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legaicounsel and, based upon the advice of that counsel, freely entered into this Agreement.
(o) Attorneyts Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing party shalibe entitled to reasonable attomey's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(p) Calculation of Time Periods. Unless expressly stated otherwise, all time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day. (q) Confidentiality. Both Parties agree to maintain the confidentiality of the other party's idonfidential Informaiion" under this Agreement and shall not disclose such information to third p".t*" "Corrfrd"rrtial Information" shall include, but not be limited to, business plans, trade secrets, and industry knowledge. Confidential Information shall not apply to information that: (i) is inthe public domain at the time of disclosures or (ii) is required to be disclosed pursuant to a court order, govemmental authority, or existing state law' ISrGNATI.]RES ON FOLLOWING PAGEI
27 I
IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the Effective Date of the Agreement, as defined above. ..CITY" O'DEVELOPER"
Date: 202t
CITY OF MENDOTA, CA
a California Municipal Corporation
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LEFT MENDOTA T,LL a Delaware
Limited Liability
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City Manager Its:
Attest:
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Approved to as Form:
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City Attorney
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28 AGKNOWLEDGMENT
State of California
County of
On before ffie,
(insert name and title of officer)
personally appeared
who proved to me on the of satisfactory evidence be the pe whose nam ) islVft.
h executed e same tn
on the instrument the
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. CELESTE C^BRERA.G.ARCIA Notary Pubtic' Catifornir
Fresno CountY
Commission I 2261396
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f{y Comm. ExPires Nov 16. 2022
Signature (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid of that document.
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ILLINOIS NOTARY ACKNOWLEDGMENT
State of lllinois
County of uoo (
This instrumentwas acknowledged before me on (VtWu4 fLO'L+ (date) by (,Vtfi' Ltfrovit't (name of person acknowledged).
(Seal)
(Signature of person taking acknowledgment)
(Title or rank)
(Serial number, if any)
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DIANA PENCE
OFFICIAL SEAL
Notary Public, State of lllinois
My Com m ission ExPires
M 15 2022