ENTIRE AGREEMENT. This Agreement represents the entire and integrated contract between Buyer and Seller and supersedes all prior negotiations, representations, or agreements either written or oral. This Agreement may be amended only by a written instrument signed by both Buyer and Seller.
CHOICE OF LAW/VENUE. California law shall govern the terms of this Agreement. In any dispute over this Agreement, the venue will be Fresno County, California.
Contractors are required 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 of the 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 Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826.
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-53
OF THE CITY OF MENDOTA APPROVING
THE SCOPE OF SERVICES PROVIDED
BY LIGHTHOUSE ELECTRICAL, INC., TO
INSTALL UPGRADES TO WELL NUMBER 5
TO SERVE AS A WATER SOURCE TO
IRRIGATE POOL PARK
WHEREAS, the City of Mendota (“City”) is responsible for maintaining both sides of Mendota Pool Park (the “Park”); and
WHEREAS, one of the City Council’s stated goals is improving the Park to benefit the community; and
WHEREAS, the Park’s existing irrigation system is inadequate and upgrades to the system’s water source, City well number 5, are needed to allow the irrigation system to properly irrigate the Park; and
WHEREAS, the City Council allocated and approved funds for this project in the Fiscal Year 2022-2023 budget.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves the scope of services to be provided by Lighthouse Electrical, Inc., installing upgrades to well number 5 so it may serve as a water source to irrigate the Park.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute such additional documents as may be necessary to effect the work required for the installation of upgrades to well number 5. ______________________________
Rolando Castro, Mayor
2 ATTEST:
I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Hall on the 26th day of July, 2022, by the following vote:
AYES: 4 – Mayor Castro, Mayor Pro Tem Mendoza, Councilors Alonso and Riofrio
NOES: 0
ABSENT: 1 – Councilor Rosales
ABSTAIN: 0
______________________________
Celeste Cabrera-Garcia, City Clerk
{7623/001/01450815.DOCX} 1
AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER; HUNTER CASTRO, ASSISTANT CITY ATTORNEY SUBJECT: CHAPTER 12.20 OF THE MENDOTA MUNICIPAL CODE REGARDING CITY PARKS AND
RECREATION FACILITIES
DATE: AUGUST 9, 2022
ISSUE
What is the current state of the City of Mendota’s (“City”) regulations regarding access to and preservation of the City’s parks and recreation facilities?
BACKGROUND
Over the past three months, the City Council, City staff, and the public have engaged in regular discussions regarding the scope of the City’s existing regulations regarding access to City parks and recreation facilities. The provisions at issue here are located in Mendota Municipal Code (“MMC”) Chapter 12.20, titled Park and Recreation Areas.
At its July 26, 2022, regular meeting, the City Council declined to adopt Ordinance No. 22-02’s proposed revisions to MMC Chapter 12.20, and directed City staff to place a discussion item regarding access to the City’s parks and recreation facilities on the agenda for its next meeting.
ANALYSIS
I. Hours of Operation
“All public facilities and recreation facilities shall be closed between the hours of eleven p.m. and seven a.m. unless their use during such time is authorized by a special permit issued by the city council.” (MMC, § 12.20.130.)
II. Exclusive Use Permits
Among other things, Chapter 12.20 requires all pre-advertised gatherings and groups of more than twenty-five persons obtain an exclusive use permit and insurance for the City park or recreation facility they wish to use. (See MMC, §§ 12.20.040, 12.20.050, 12.20.060, 12.20.110, 12.20.120.) MMC section 12.20.040 provides:
A. No park area or facility may be used for any pre-advertised assembly or by groups of twenty-five (25) or more persons without a permit issued under Section 12.20.120. All applications for permits must be signed by an adult who shall agree to be responsible for the requested use of the park. The execution of a
{7623/001/01450815.DOCX} 2
permit application and acceptance of the permit shall constitute the applicant's consent and acceptance of all permit conditions and all restrictions and requirements set forth in this chapter.
B. All park events and activities shall be conducted in strict compliance with the requirements and restrictions contained in this chapter and all permit conditions, which shall include the statements and information set forth in the permit application and all provisions set forth in the promoter's agreement. Any park event or activity conducted in violation of any permit condition and all provisions set forth in the promoter's agreement, any of the provisions of this chapter or the provisions of the promoter's [agreement] may be summarily terminated and the permit shall be deemed revoked.
(MMC, § 12.20.040, emphasis added.)
To obtain an exclusive use permit, an event organizer must provide, among other things:
- Their name or the name of the organization sponsoring the event; - The number of persons expected to attend the event or activity; - A description of the proposed activities, including equipment and vehicles to be brought into the park;
- Whether alcoholic beverages will be sold or served;
- Whether the proposed event or activity will be promoted for a fee; - The specific park area requested for exclusive use; and - A statement of the benefits this event or activity will have for the community. (MMC, § 12.20.060.)
All persons to whom an exclusive use permit is granted must provide the City with certificates of insurance “evidencing liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than five hundred dollars ($500.00), and which shall specify the city and the applicant as named insureds.” (MMC, § 12.20.110.) This insurance certificate is required to submit a complete application for an exclusive use permit. (Ibid.) Failure to provide the insurance certificate results in an “automatic rejection of the permit application.” (Ibid.)
III. Prohibited Activities
Among other things, Chapter 12.20 restricts or prohibits the following activities in City-owned parks and recreation facilities:
- Interference with a permit holder’s exclusive use of the reserved park or recreation facility (MMC, § 12.20.140);
- Shooting any firearm, air gun, slingshot, or bow and arrow except in places designated and posted for that purpose (MMC, § 12.20.150);
{7623/001/01450815.DOCX} 3
- Parking or operating a motor vehicle except upon areas designated for such use (MMC, § 12.20.170);
- Selling, in any manner or for any purpose, goods, wares, or merchandise except as expressly authorized by permit (MMC, § 12.20.180);
- Marking, injuring, or disturbing the park or recreation facility (MMC, § 12.20.190) - Lighting or maintaining any fire except in a fire circle or place designated for that purpose (MMC, § 12.20.200);
- Littering (MMC, § 12.20.210);
- Possessing any glass beverage container (MMC, § 12.20.220); - Using amplified sound systems unless expressly authorized by permit (MMC, § 12.20.240);
- Golf in any area not designated for that purpose (MMC, § 12.20.250); - Operating motor-drive airplanes in any area not designated for that purpose (MMC, § 12.20.260); and
- Riding bicycles or animals in any area not designated for that purpose (MMC, § 12.20.270).
IV. Enforcement
“Violation of a city ordinance is a misdemeanor unless by ordinance it is made an infraction. The violation of a city ordinance may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action.” (Gov. Code, § 36900, subd. (a). See MMC, Chapter 2.54 [Administrative Fines and Appeals Program].) “It is unlawful for any person to enter or remain in any park, recreation area, facility or building of the city unless he/she complies with all of the regulations set forth in this chapter applicable to such park, recreation area, facility or building.” (MMC, § 12.20.030.) “Any violation of the restrictions in this chapter, conditions upon a permit, provisions of a promoter's agreement, or established park rule, shall be subject to a fine set by resolution of the city council.” (MMC, § 12.20.100.)
FISCAL IMPACT
To be determined.
RECOMMENDATION
City staff recommends the City Council discuss its goals for controlling park access and preservation via revisions to Chapter 12.20 of the MMC and provide direction to staff regarding how to proceed.
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: HOLDING THE PUBLIC HEARING AND CONSIDERING ADOPTION OF ORDINANCE NO. 22-03
DATE: AUGUST 9, 2022
ISSUE
Shall the City Council hold the public hearing and consider adopting Ordinance No. 22-03?
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.
At its July 26, 2022 regular meeting, the City Council held the first reading of Ordinance No. 22- 03 and scheduled the public hearing for August 9, 2022.
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.
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 2 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 a majority of qualified voters in the City.
RECOMMENDATION
Staff recommends that the City Council hold the public hearing and consider Ordinance No. 22- 03 for adoption.
Attachment(s):
1. Ordinance No. 22-03
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: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: GRANTS UPDATE
DATE: AUGUST 9, 2022
GRANTS UPDATE
FEMA-4482-DR-CA California Covid-19 Pandemic – Staff is in the process of submitting for reimbursement.
Adelante Mendota – Movies in the Park finished for the summer. Staff has discussed showing a movie during October or November. The next event will be on Saturday, August 20, 2022 for the Adelante Mendota Car Show from 9am-5pm. Safe Streets and Roads for All (SS4A) Grant Program – Staff is researching if the City will be able to move forward with implementation grant or a planning grant.
In – Progress Grants:
Rojas-Pierce Park Expansion Project – County of Fresno, Urban Community Development Block Grant (CDBG) Program
Rojas-Pierce Park Expansion Project – Per Capita Program Rojas-Pierce Park Expansion Project – CDBG-CV
COPS Hiring Program – Department of Justice
Proposition 64 – Board of State and Community Corrections Urban Flood Protection Grant – California Natural Resources Agency Automatic Meter Read Project – State Water Board
Tire-Derived Product – Cal Recycle
SB 1383 – Cal Recycle
Attachment(s):
1. Grants Spreadsheet
MENDOTA, CITY OF
Grant Report
Aug-22
Grant Name Application Due Date Award Date
Agency:
Federal/State/County/
Private Pass-thru Matching Award Amount Purpose of Grant Notes T-Mobile 6/30/2022 6/30/2022 Private N N $ 46,141.92 (32) Christmas Ornaments for Oller Street CA WA & WWA Arrearages Payment 4/1/2022 TBD State N N $ 30,065.39 Financial assistance for customers' accounts 60 days+ for wastewater only County of Fresno Subrecipient Grant 3/9/2022 6/21/2022 County Y N $ 2,906,593.00 Water Storage Tank and Booster Pump Station Senator Anna Caballero Budget Request 2/25/2022 6/30/2022 State Y N $ 1,500,000.00 Police Department and City Council Chambers CalRecycle SB 1383 Grant 2/1/2022 TBD State N N $ 20,000.00 Implemenation program for SB 1383. Staff will conduct educational presentations, site visits, and enforcement activities.
Clean California Local Grant Program 2/1/2022 3/1/2022 State N N $ 5,000,000.00 (4) Projects: 1-Pocket Park at Bass Avenue and 2nd Street; 2-Art Sculpture at Bass Avenue Roundabout; 3-Trail to Pool Park; 4-Trails in Pool Park DENIED Outdoor Equity Grant Program 10/8/2021 3/1/2022 State N N $ 154,861.00 Outdoor activities in the community and traveling inside of California DENIED Office of Traffic Safety Grants 1/31/2021 3/1/2022 State N N $ 550,000.00 DUI Checkpoints with partnering cities in the Westside Mendota will be the lead agency CA WA & WWA Arrearages Payment 12/6/2021 3/15/2022 State N N $ 70,743.47 Financial assistance for customers' accounts 60 days+ for water only Wonderful Community Grants 8/31/2021 9/30/2021 Private N N $ 50,000.00 (30) Rental Assistance (Continuing) (135) Utility Assistance (100) Dental Care DENIED Tire-Derived Product Grant 6/1/2021 8/31/2021 State N N $ 149,995.02 Install rubber mulch at (7) project sites citywide for landscape purposes.
New Alternative Fuel Vehicle Purchase TBD TBD Local N N Up to $20,000 per
vehicle
Purchase (2) electric "Zero" motorcylces for the Police Department and (3) vehicles for Public Works & Public Utiliities
Statewide Park Development and
Community Revitalization Program (SPP) 3/12/2021 August/September State N N Maximum $8,500,000 1) Community Center - Rojas-Pierce Park; 2) Fitness Court - Veterans Park; 3) Renovation - Pool Park DENIED
Proposition 64 Public Health and Safety
Grant Program 1/29/2021 5/1/2021 State N N $452,509.75
(2) Community Resource Officers, (2) Administrative Assistants, (1) K-9, (1) vehicle Partnership with City of Fresno (Lead Applicant), Fresno EOC, The Boys & Girls Clubs of Fresno
County
Good Neighbor Citizenship Company
Grants 10/31/2020 4/30/2021 Private N N $ 198,825.00
Pocket Park at Bass Avenue and I Street
DENIED
CARES County of Fresno 10/1/2020 12/31/2020 County N N $ 229,732.87 COVID-19 relief funds; Non-profit organizations; Message Trailers; Overtime Coronavirus Relief Funds (CRF) 10/1/2020 7/1/2020 State N N $ 154,512.00 Expenditures incurred for COVID-19 - Use funds for Police Department MDT's FEMA-4482-DR-CA TBD TBD State N Y TBD Expenditures incurred for COVID-19 25% match CDGB -Coronavirus and Other TBD 7/1/2020 County N N $ 104,796.00 Fire Department Equipment & Broadband Assistance for Mendota Residents Wonderful Community Grants 8/31/2020 9/15/2020 Private N N $ 50,000.00 COVID-19 relief funds Mendota Community Corporation Administering Tobacco Grant Program 8/7/2020 TBD State N N TBD
Add new tobacco language to our municipal code for enforcement; overtime for educational awareness to local vendors. DENIED
California Aid to Airports Program 7/9/2020 3/31/2021 State N N $ 10,000.00 Annual credit grant to fund operational costs at the airport Community Facilities Grant 7/1/2020 8/1/2020 Federal N Y $ 50,000.00 Purchase (2) Police Ford Explorers, upfit and equipment. This grant is in conjunction with the New Alternative Fuel Vehicle Purchase Grant. USDA
New Alternative Fuel Vehicle Purchase 6/22/2020 10/31/2020 Local N N Up to $20,000 per
vehicle
Purchase (1) Police Ford Explorer and (1) Ford F-250 Truck CARES Act Airport Grant 6/18/2020 TBD Federal N N $ 1,000.00 Reimburse operational and maintenance expenses or debt service payments for the William Robert Johnston Municipal Airport
Urban Flood Protection Grant Program 6/15/2020 TBD State N N $ 4,500,000.00 Removal and replacement of undersized and critically damaged storm drain from 8th Street southeasterly past 10th Street to an existing ditch.
COPS Hiring Program 3/11/2020 10/1/2020 Federal N Y $ 125,000.00 Hire (1) Full-time Police Officer for 3 years. 25% match Office of Traffic Safety Grants 1/30/2020 10/1/2020 State N N $ 81,527.00 DUI Saturations, Traffic Enforcements, Car Seat Installation/Giveaway Event, Emergency Medical Services for the Fire Department
We received 2/3 grants applied. Car Seat
Installation was not approved.
Fresno COG 2019-2020 CMAQ 1/1/2020 5/1/2020 Federal Y Y $ 458,304.00 Alley Paving Project for 7U & 7U1 (near Unida/Belmont/Derrick) and about 1/3 of the alleys on the eastside. 11.47% match
SB 2 Planning Grant Program 12/20/2019 6/1/2020 State N N up to $160,000 Update planning documents and processes of housing approvals/production New Alternative Fuel Vehicle Purchase 12/20/2019 6/1/2020 Local N N Up to $20,000 per
vehicle
Purchase (1) Public Works/Utilities Trades Vehicle & (2) Police Explorers Interceptors Vehicles
(2) Police Explorers Vehicles to be paid with funding
from USDA
Beverage Container Recycling City/County
Payment Program 12/17/2019 2/28/2020 State N N $ 5,000.00 Billboard Advertisement and Radio Advertisement to promote beverage container recycling.
If you don’t expend the full $5,000.00, you must
repay CalRecycle.
Automatic Meter Read Construction 10/21/2019 State N Y $ 3,074,561.00 Install City-wide Automatic Meter Reading Meters Grant Component $2,724,912.00 Access to Historical Records: Archival
Projects 10/3/2019 7/1/2020 Federal N Y $ 95,907.00 Digitize public records and make freely available online DENIED National Fitness Campaign 2020 8/1/2019 10/1/2020 Private N Y $ 30,000.00 Outdoor Fitness Court If the City wishes to pursue this grant, we would
need to match $100,000.00.
Urban Community Development Block 7/31/2019 7/1/2020 County N N $ 575,222.00 Phase II Rojas-Pierce Park Expansion Project For Fiscal Years 2019/2020; 2020/2021 &
2021/2022
California Aid to Airports Program 7/31/2019 10/31/2019 State N N $ 10,000.00 Annual credit grant to fund operational costs at the airport Urban County Per Capita Grant Program 6/3/2019 2020 State N N $ 6,969.92 Rojas-Pierce Park Expansion One-time basis Per Capita Grant Program 6/3/2019 2020 State N N $ 177,952.00 Rojas-Pierce Park Expansion One-time basis Key: Applied for Grants
In process
Approved
Denied
Closed
455 W. Fir Avenue
Clovis, CA 93611
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
G:\Mendota_City of-3336\3336OG01_On-Going\100\110 Status Reports\City Eng Council Report.docx Engineering Surveying Planning Environmental GIS Construction Services Hydrogeology Consulting Clovis Bakersfield Visalia Modesto Los Banos Chico Merced Sacramento Memorandum
To: City Council via Cristian Gonzalez, City Manager
From: Michael Osborn, City Engineer
Jeff O’Neal, City Planner
Subject: City Engineer’s Report to City Council
Date: August 3, 2022
Engineering Projects:
1. Rojas Pierce Park:
• Phase 2 expansion project in progress with construction of lighting in Fall 2022
2. Well 10 and Water Main Relocation
• Restarted now that USBR Reach 2B project is at 30% design level; coordination with USBR and BB Limited
3. Mendota Meter Reading Project
• Construction is in progress with Waterboard funding
• It looks like they will be complete by the end of August 2022
4. Citywide RRXG Improvements:
• Coordinating crossing improvements at SR 33 with Railroad, Caltrans & private business owner
5. MJHS Safe Routes to School Project
• ATP funded: Construction contract awarded, work starting in Winter 2022
6. 2022 Local Street Reconstruction Project
• SB1 funded: Design in progress; Construction in late Summer 2022
7. Backwash Reclaim Project
• Design is underway; looking for funding opportunities for construction
8. Mendota Stormwater Improvement Project
• Prop 68 UFPGP funded: Final design in progress; Construction in Spring/Summer 2023
9. Derrick & Oller Roundabout
• Design & CEQA preparation in progress; Construction in Fall 2023 Planning/Development Projects
1. Rojas Pierce Park Annexation
• Continuing discussions with USBR about whether and how the WWD land retirement program affects the project.
2. Regional Housing Needs Allocation
• Participating in Fresno COG meetings for 6
th Cycle multijurisdictional Housing
Element
3. New City Hall & Police Station
• Continuing work on CEQA document
4. Safe Routes to School Master Plan
• ATP funded: Workshops and School Sites Audit in progress To: City Council via City Manager August 3, 2022
City Engineer’s Report to City Council Page 2 of 2
G:\Mendota_City of-3336\3336OG01_On-Going\100\110 Status Reports\City Eng Council Report.docx
5. Parcel Maps
• Industrial lot split to special Planning Commission meeting on 8/4
6. Reviewing proposed mixed-use development at Bass and 33
7. Reviewing proposal to use property at 865 Naples for events Grant Applications:
1. 5
th Street & Quince Street Reconstruction:
• $706,251 in STBG funding AWARDED; Construction authorization in FFY 23/24
2. Amador & Smoot Extension:
• $874,000 in STBG & CMAQ TPP funds; Construction authorization in FFY 23/24 On-going (this month):
1. Representation of the City at FCOG TTC
2. Discussion of road projects with Caltrans
3. Assistance to Finance Director for grant opportunities Overall P&P Staff engaged (month of July):
• Engineers: 8
• Planners: 5
• Surveyors: 1
• Environmental Specialist: 3
• GIS/CAD Specialists: 1
• Construction Manager: 0
• Project Administrator: 2
Abbreviations:
EOPCC – Engineer’s Opinion of Probable Construction Cost NTP – Notice to Proceed
CUCCAC – California Uniform Construction Cost Accounting Commission
STBG – Surface Transportation Block Grant
CMAQ – Congestion Mitigation and Air Quality (grant)
ATP – Active Transportation Plan (grant)
RFP – Request for Proposal
RFA- Request for Authorization (for grant funding)
FCOG – Fresno Council of Governments
ADA – Americans with Disabilities Act
DBE – Disadvantaged Business Enterprise
TTC – Technical Transportation Committee (through FCOG) RTP/SCS – Regional Transportation Plan, Sustainable
Communities Strategies