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CITYOF MENDOTA
o'Cantal,oupe Center Of The World"
ROLANDO CASTRO
Mayor
JESUS MENDOZA
Mayor Pro Tem
JOSE ALONSO
JOSEPH R. RIOF'RIO
OSCAR ROSALES
AGENDA
MENDOTA CITY GOUNCIL
Regular City Council Meeting
CITY COUNCIL CHAMBERS
643 QUINCE STREET
October 11, 2022
6:00 PM
CRISTIAN GONZALEZ
City Manager
JOHN KINSEY
City Attorney
The Mendota City Council welcomes you to its meetings, which are scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated. Notice is hereby given that Council may discuss and/or take ac{ion 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 8 a.m. y las 5 p.m. de lunes a viernes. La notificaci6n de al menos veinticuatro horas antes de la reuni6n permitir5 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 Raul Varela for his service to the City of Mendota.
2. Jennifer Peterson with MRC Recreation to provide a presentation on the layout of a proposed inclusive park.
3. City Planner O'Neal to present information about Senate Bill I housing developments and urban lot splits.
City Council Agenda 1 October 11,2022
643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDD/[TY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) ci.mendota.Ga.us
The City ol Mendota is an equal opportunity prouider and employel E.
8s
1 CITIZENS' ORAL AND WRITTEN PRESENTATIONS
At this time, members of the public may address the City Council on any matter not listed on the agenda involving matters within the jurisdiction of the City Council. Please complete a "request to speak" form and limit your comments toTHREE(3)MINUTES. PleasegivethecompletedformtotheCityClerkpriortothestartofthemeeting. Allspeakers shall observe proper decorum. The Mendota Municipal Code prohibits the use of boisterous, slanderous, or profane language. All speakers must step to the podium and state their names and addresses for the record. Please watch the time.
1. Minutes of the regular City Council meeting of September 27,2022.
2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.
CONSENT CALENDAR
Matters listed under the Consent Calendar are considered to be routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. lf discussion is desired, that item will be removed from the Consent Calendar and will be considered separately.
SEPTEMBER 28,2022 THROUGH OCTOBER 4,2022
WARRANT LIST CHECK NOS. 52351 THROUGH 52409
TOTAL FOR COUNCIL APPROVAL - $477,384.05
Proposed adoption of Resolution No. 22-62, approving the use of unmanned aircraft systems (drones).
Proposed adoption of Resolution No. 22-63, directing staff to proceed with repairs to the surfacing at the existing splash pad located at Rojas-Pierce Park, and approving the estimate submitted by Panthers Concrete, lnc., for the related work.
Proposed adoption of Resolution No. 22-64, directing staff to proceed with the purchase of a concrete mixing attachment as approved in the 2022-2023 fiscal year budget.
BUSINESS
Council to receive presentation from developer and discuss the status of the Odyssey Agricultural Development, LLC, project.
2 3
1 a.
b.
c.
d.
e.
Receive report from City Attorney Kinsey
Receive presentation from developer
lnquiies from City Council to staff
Mayor Castro opens the floor to receive any comment from the public City Council provides direction to staff as appropriate City Council Agenda 2 October 11,2022
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
4. 2. Council discussion and consideration of financing options for the Police Station/Council Chambers project.
a. Receive report from City Manager Gonzalez
b. Receive presentation from NHA Advisors
c. lnquiies from City Council to staff
d. Mayor Castro opens floor to receive any comment from the public e. City Counciltakes action as appropriate
Councildiscussion and consideration of the membership of the Public Safety SubCommittee. a. Receive repoft from City Clerk Cabrera-Garcia
b. lnquiries from City Councilto staff
c. Mayor Castro opens floor to receive any comment from the public d. City Counciltakes action as appropriate
Council discussion and consideration of Resolution No. 22-58 regarding a recommendation from the Planning Commission in the matter of Application No. 22-10, Tentative Parcel Map No. 22-01 (APN 013-223-19). a. Receive report from City Planner O'Neal
b. lnquiies from City Council to staff
c. Mayor Castro opens floor to receive any comment from the public d. City Council considers adoption of Resolution No. 22-58 Council discussion and consideration of Resolution No. 22-59 regarding a recommendation from the Planning Commission in the matter of Application No. 22-11, Tentative Parcel Map No. 22-02 (APN 013-075-13S). a. Receive report from City Planner O'Neal
b. lnquiries from City Council to staff
c. Mayor Castro opens floor to receive any comment from the public d. City Council considers adoption of Resolution No. 22-59 Council discussion and consideration of Resolution No. 22-60 regarding a recommendation from the Planning Commission in the matter of Application No. 22-12, Tentative Parcel Map No.22-03 (APN 013-075-12).
a. Receive repoft from City Planner O'Neal
b. lnquiies from City Council to staff
c. Mayor Castro opens floor to receive any comment from the public d. City Council considers adoption of Resolution No. 22-60 3 4
5. 6
City Council Agenda 3 October 11,2022
7 Council discussion and consideration of Resolution No. 22-61 in the matter of Application No. 22-14, acceptance of dedications made by Parcel Map No. 22-04. a. Receive repoft from City Planner O'Neal
b. lnquiies from City Councilto staff
c. Mayor Castro opens floor to receive any comment from the public d. City Council considers adoption of Resolution No. 22-61
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
Finance Director
a) Grant Update
City Engineer
a) Update
City Attorney
a) Update
City Manager
a) Police Station/Council Chambers Project Update
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council tVlember(s)
2. Mayor
CLOSED SESSION
1 2
3 4.
1 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 LABOR NEGOT]ATORS
Pursuant to 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
ADJOURNMENT
2 City Council Agenda 4 October 11,2022
CERTIFICATION OF POSTING
l, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby declare that the foregoing agenda for the Mendota City Council Regular Meeting of October 11, 2022, was posted on the outside bulletin board located at City Hall, 643 Quince Street, on Friday, October 7,2022, at 5:00 p.m
Celeste Cabrera-Ga rk
City Council Agenda 5 October 11,2022
Minutes of City Council Meeting 1 September 27, 2022
MINUTES OF MENDOTA
REGULAR CITY COUNCIL MEETING
Regular Meeting September 27, 2022
Meeting called to order by Mayor Castro at 6:03 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 Mayor Castro
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 requested that Closed Session item 1 be tabled to a future City Council meeting.
A motion was made by Councilor Rosales to adopt the modified agenda as requested by staff, seconded by Councilor Riofrio; unanimously approved (5 ayes).
PRESENTATION
1. Council to recognize Bernice Topete for her service to the City of Mendota.
Chief Smith reported that Bernice Topete had accepted a position with the Kerman Police Department and thanked Ms. Topete for her service to Mendota.
Minutes of City Council Meeting 2 September 27, 2022
The Council thanked and recognized Ms. Topete for her service to Mendota and presented a plaque to her.
2. Council to recognize Roger Lua for winning the statewide ‘Get Off Your Apps’ video contest.
The Council introduced Roger Lua who recently won the statewide ‘Get Off Your Apps’ video contest.
Mr. Lua’s winning video was shown during the meeting.
The Council congratulated Mr. Lua and presented a certificate of recognition to him.
Discussion was held on Mr. Lua’s success.
CITIZENS ORAL AND WRITTEN PRESENTATIONS
Jose Alvarado Mendoza – reported on an issue involving the police department regarding music and inquired about permitted noise levels.
Discussion was held on Mr. Mendoza’s comments.
APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1. Minutes of the regular City Council meeting of September 13, 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. SEPTEMBER 2, 2022 THROUGH SEPTEMBER 20, 2022
WARRANT LIST CHECK NOS. 52267 THROUGH 52350
TOTAL FOR COUNCIL APPROVAL = $531,119.97
2. Proposed ratification of Proclamation No. 22-03, celebrating Salvadoran National Day and declaring September 15, 2022 as Salvadoran-American Friendship and Heritage Day in Mendota.
3. Proposed adoption of Resolution No. 22-57, approving a supplement to the contract for consulting services with Townsend Public Affairs, Inc.
Minutes of City Council Meeting 3 September 27, 2022
A motion was made by Councilor Rosales to approve items 1 through 3 of the Consent Calendar, seconded by Councilor Riofrio; unanimously approved (5 ayes).
PUBLIC HEARING
1. Council discussion and consideration of Resolution No. 22-56, authorizing the placement of special assessments on the 2023/2024 property tax roll for 2022 nuisance abatement costs.
Mayor Castro introduced the item and Assistant City Attorney Castro provided the report.
Chief of Police Smith provided additional information on the item.
At 6:25 p.m. Mayor Castro opened the hearing to the public.
Benjamin Bunton – commented on the item.
Discussion was held on the item.
Daniel - commented on the item.
Discussion was held on the item.
Guapo Lua – commented on a variety of issues in the community.
Pedro Alvarado – shared that certain curbs that are adjacent to fire hydrants in the Las Palmas subdivision are not painted red, resulting in individuals mistakenly parking there.
Discussion was held on the information provided by Mr. Alvarado.
Benjamin Bunton – commented on the item.
Discussion was held on the item.
At 7:19 p.m. Mayor Castro, seeing no one else willing to comment, closed the public hearing.
Discussion was held on the item.
A motion was made by Mayor Castro to waive all 2022 weed abatement enforcement costs, seconded by Councilor Rosales; unanimously approved (5 ayes).
2. Council discussion and consideration of Ordinance No. 22-02, amending Chapter
12.20 of Title 12 of the Mendota Municipal Code to promote access to City park and recreation facilities.
Minutes of City Council Meeting 4 September 27, 2022
Mayor Castro introduced the item and Assistant City Attorney Castro provided the report.
Discussion was held on the item.
At 7:23 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 waive the second reading and adopt Ordinance No. 22-02, seconded by Councilor Riofrio; unanimously approved (5 ayes).
DEPARTMENT REPORTS AND INFORMATIONAL ITEMS
1. Animal Control, Code Enforcement, and Police Department a) Monthly Reports
Chief of Police Smith presented the monthly logs for the Animal Control and Code Enforcement Departments and reported on the Dog Vaccine Clinic that was recently held.
Chief Smith provided the report for the Police Department, including weekly and monthly statistics and reported on significant cases.
Chief Smith presented pictures and drone video footage regarding a significant case.
Discussion was held as to whether the police department can assist individuals who are receiving threatening phones calls, and on the weed abatement process.
2. City Attorney
a) Update
Assistant City Attorney Castro reported on ongoing projects and tasks.
3. City Manager
Nothing to report.
MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS
1. Council Member(s)
Councilor Alonso thanked all of the individuals and organizations that made the Mendota Community Corporation’s (MCC) annual golf tournament possible and reported on the upcoming Hispanic Heritage Celebrate at the AMOR Wellness Center.
Councilor Riofrio thanked all of the individuals and organizations that made the MCC’s annual golf tournament possible.
Minutes of City Council Meeting 5 September 27, 2022
Councilor Rosales thanked all of the individuals and organizations that made the MCC’s annual golf tournament possible.
Mayor Pro Tem Mendoza thanked all of the individuals and organizations that made the MCC’s annual golf tournament possible; commented on the Dog Vaccine Clinic that was recently held; commented on various items that were addressed during the meeting; and thanked the fire department for attending the meeting.
2. Mayor
Mayor Castro reported on a community meeting that is going to be held at FCI Mendota and reported on the upcoming Driver Awareness Event.
CLOSED SESSION
1. 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: American Federation of State, County and Municipal Employees
The item was tabled to a future meeting.
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Potential initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9 (two potential cases).
At 7:50 p.m. the Council moved into closed session.
At 8:11 p.m. the Council reconvened in open session and Assistant City Attorney Castro stated that in regard to item 2 of the Closed Session, there was no reportable action.
ADJOURNMENT
With no more business to be brought before the Council, a motion for adjournment was made at 8:11 p.m. by Councilor Rosales, seconded by Mayor Pro Tem Mendoza; unanimously approved (5 ayes).
_______________________________
Rolando Castro, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk
CITY OF MENDOTA
CASH DISBURSEMENTS
9/28/2022-10/4/2022
CK# 52351-52409
Date Check # Check Amount Vendor Department Description September 28, 2022 52351 $ 844.75 ACME ROTARY BROOM SERVICE STREETS (1) 58" 4/3 HEAVY FILL SCHWAREZE AVALANCHE M. BROOM
September 27, 2022 52352 $ 140,808.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 9/12/2022-9/25/2022
September 30, 2022 52353 $ 64.54 ADT SECURITY SERVICES WATER SECURITY SERVICES FOR WATER PLANT 10/4/22-11/3/22
September 30, 2022 52354 $ 27,665.49 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR OCTOBER 2022
September 30, 2022 52355 $ 183.45 AGRI VALLEY IRRIGATION, INC. GENERAL (1) TORO (IRRITROL) 100 SERIES ELEC. VALVE 24VAC2"
September 30, 2022 52356 $ 67,229.15 AQUA NATURAL SOLUTIONS SEWER MICROBE LIFT IND 275 GAL TOTE, EXCESSIVE SLUDGE BU, (1) MICROBE LIFT IND 5 GAL
September 30, 2022 52357 $ 348.16 ARAMARK GENERAL-WATER-SEWER PUBLIC WORKS UNIFORM RENTAL SERVICES 9/22/22 & 9/29/22
September 30, 2022 52358 $ 638.00 BSK ASSOCIATES WATER-SEWER GENERAL EDT MONTHLY 9/6/22, WW WEEKLY GRAB SAMPLE 9/6/2022, WW WEEKLY GRAB SAMPLE BOD, TDS, 9/13/2022
September 30, 2022 52359 $ 825.00 CALIFORNIA POLICE GENERAL
CHIEF KEVIN SMITH ANNUAL TRAINING SUMPOSIUM REGISTRATION FEE
September 30, 2022 52360 $ 100,907.00 CSJVRMA GENERAL
LIABILITY PROGRAM, WORKER'S COMPENSATION PROGRAM, CRIME
SHIELD PROGRAM
September 30, 2022 52361 $ 149.48 GRAINGER INC. WATER
(4) TUBING, 5/32IN ON FILTERS 1-4 -WTP
September 30, 2022 52362 $ 1,100.00 iCAD INC. SEWER
SERVICE AT LOZANO LIFT STATION - REPLACED FUSE
September 30, 2022 52363 $ 1,412.32 MENDOTA 1 SMOG
GENERAL-WATER-SEWERSTREETS
2016 FORD F-250, FRONT BRAKES REPLACED, 2012 FORD PICKUPTRANSMISSION PAN & FLUID, GASKET September 30, 2022 52364 $ 1,621.71 METRO UNIFORM GENERAL (1) MENS LNG SLEEVE SHIRT (1) SHORT SLV&PATCH-ALCAZAR, (2) ULTRALIGHT (1) SHORTSLV SHIRT (2) PATCH-RENTERIA
September 30, 2022 52365 $ 6,354.40 NORTHSTAR CHEMICAL WATER (850), (675), (730) GAL SODIUM HYPOCHLORITE- 12.5%
September 30, 2022 52366 $ 760.00 PRICE, PAIGE & COMPANY GENERAL-WATER-SEWERSTREETS-REFUSE
PROF SERV RE: PREPARATION OF 6/30/2022 GASB 68 CAL
September 30, 2022 52367 $ 1,862.57 PROVOST & PRITCHARD GENERAL PASS-THRU PROF SERV 22-14 PAPPAS TPM JULY 2022
September 30, 2022 52368 $ 1,157.00 RAMON'S TIRE & AUTO SERVICES GENERAL-WATER-SEWERSTREETS
DODGE RAM 1287347 4-TIRE, BALANCE, ALIGNMENT
September 30, 2022 52369 $ 719.17 SEBASTIAN GENERAL
LOW VOLTAGE LABOR, (2) 24B BLACK PHONES FOR CITY HALL
September 30, 2022 52370 $ 189.61 SUNNYSIDE TROPHY GENERAL-WATER-SEWER (2) 9X12 RED PLANO (2) ENGRAVING B. TOPETE, R.VARELA
October 4, 2022 52371 $ 844.75 ACME ROTARY BROOM SERVICE STREETS (1) 58" HEAVY BLUE SCHWARZE A7 AVALANCHE MAIN BROOM
October 4, 2022 52372 $ 336.92 ADT SECURITY SERVICES GENERAL-WATER-SEWER SECURITY SERVICES 10/13/22-11/12/22 EDD, DMV & CITYHALL October 4, 2022 52373 $ 706.57 AT&T GENERAL-WATER-SEWER CITYWIDE PHONE SERVICES 8/25/22-9/24/22
October 4, 2022 52374 $ 1,410.82 AT&T MOBILITY GENERAL
POLICE DEPARTMENT CELL PHONE SERVICES 8/12/22-9/11/22
October 4, 2022 52375 $ 92.04 AUTOZONE, INC. GENERAL
(1) VAKUCRAFT WIPER BLADE 26" (1) 22" WIPER (PD), (1) BOSCH ICON WIPER BLADE 22" & (1)26" WIPER (PD), (1) PROELITE DIP WASH October 4, 2022 52376 $ 210.00 MADERA DISPOSAL SYSTEMS INC. GENERAL 21 TONS- ANIMAL CONTROL
October 4, 2022 52377 $ 117.00 MACARIO BANUELOS WATER-SEWER
EXPENSE REIM -FUEL TO LEAGUE OF CALIFORNIA CITIES
October 4, 2022 52378 $ 190.31 BSK ASSOCIATES WATER
GENERAL EDT WEEKLY TREATMENT & DISTRIBUTION 9/20/22
October 4, 2022 52379 $ 219.03 COLONIAL LIFE GENERAL
LIFE INSURANCE PREMIUM FOR SEPTEMBER 2022
October 4, 2022 52380 $ 495.87 COMCAST BUSINESS GENERAL FRESNO COUNTY SHERIFF-MENDOTA PD CIRCUIT SEPT. 2022
October 4, 2022 52381 $ 1,448.64 COOK'S COMMUNICATIONS GENERAL (3) CHANNEL KNOB,VOLUME KNOB, ANTENNA, PROG RADIOS (PD) October 4, 2022 52382 $ 1,169.01 CORBIN WILLITS SY'S INC. GENERAL-WATER-SEWER
MOVED INFORMATION TO GL FROM MCC, ENHANCEMENT & SERVICE FEES MOMS SYS OCTOBER 2022
October 4, 2022 52383 $ 395.69 DATAMATIC, INC. WATER
MONTHLY SOFTWARE LICENSE & SERVICE MAINTENANCE FEE
NOVEMBER 2022
October 4, 2022 52384 $ 300.00 DISCOUNT SHRED GENERAL
(2) 96 GALLON BIN DOCUMENT DESTRUCTION (PD)
October 4, 2022 52385 $ 200.00 ECN POLYGRAPH & INVESTIGATIONS GENERAL (1) POLYGRAPH RESERVE POLICE OFFICER (PD)
October 4, 2022 52386 $ 2,014.50 STANTEC CONSULTING SERVICES SEWER GROUNDWATER SAMPLING & REPORTING 2ND QTR REPORT 2022
October 4, 2022 52387 $ 93.97 EMPLOYEE RELATIONS GENERAL-WATER-SEWER (1) COPY OF REPORT TO APPLICANT, (4) CRIMINAL COURT
CITY OF MENDOTA
CASH DISBURSEMENTS
9/28/2022-10/4/2022
CK# 52351-52409
October 4, 2022 52388 $ 6,000.00 FRESNO COUNTY EDC GENERAL GOLD MEMBERSHIP RENEWAL 7/1/22-6/30/22
October 4, 2022 52389 $ 678.75 iCAD INC. WATER
PRISON METER SERVICE (3 HOURS) & MILEAGE
October 4, 2022 52390 $ 1,284.26 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2019 DODGE CHARGER #M85 DURALAST RADIATOR, 2020 FORD-POLICE INTERCEPTOR K-9 M88-OIL CHANGE (PD)
October 4, 2022 52391 $ 578.54 METRO UNIFORM GENERAL
XFX CLASS A PT T-21,UNDERVEST,CHEVRON, C5 CASE LG SIZE PHONE HOLDER, PATCH, CHEVRON SGT G. GALAVIZ
October 4, 2022 52392 $ 1,659.00 MID VALLEY DISPOSAL, INC. STREETS-REFUSE ROLL OFF BIN EXCHANGE 50Y QTY:4.03, 9.55, 7.54, ROLL OFF BIN EXCHANGE 10Y QTY: 5.79, 6.27
October 4, 2022 52393 $ 5,358.34 MUNIQUIP LLC SEWER
ALUMINUM BPC300 72" ID X 78"OD, BASIN COVER 300PSF
October 4, 2022 52394 $ 54,713.80 PROVOST & PRITCHARD
GENERAL-WATER-SEWERSTREETS
PROF SERV:WELL NO.10 & EXTENSION WATER MAIN AUGUST 2022, PROF SERV: ROJAS PIERCE PARK IMPROVEMENTS AUGUST 2022
October 4, 2022 52395 $ 25.00 RAMON'S TIRE & AUTO SERVICE GENERAL FORD EXPLORER #M80 TIRE REPAIR (PD)
October 4, 2022 52396 $ 4,511.69 SORENSEN MACHINE WORKS GENERAL-WATER-SEWERSTREETS
MULTIPLE DEPARTMENTS SUPPLIES FOR AUGUST 2022
October 4, 2022 52397 $ 194.85 TCM INVESTMENTS GENERAL
MPC3503 RENTAL PAYMENT COPIER (PD)-SEPTEMBER 2022
October 4, 2022 52398 $ 535.00 MARK ANTHONY DUARTE GENERAL-WATER-SEWER
PEST CONTROL SERVICES ROJAS-PIERCE PARK, PEST CONTROL
SERVICES CITYHALL/DMV/YOUTH CENTER, PUBLIC WORKS 9/27/22 October 4, 2022 52399 $ 2,402.92 THE HOME DEPOT GENERAL-WATER-SEWER (1) GE 36IN 25.3FT SIDEBYSIDE REFRIGERATOR, (1) 1.7 CUBIC FT MICROWAVE (1) 3.1 CUBIC FT. MINI FRIDGE
October 4, 2022 52400 $ 375.00 THE PIN CENTER GENERAL
(200) 80TH ANNIVERSARY PINS SHIPPING & INSURANCE
October 4, 2022 52401 $ 770.00 THE BUSINESS JOURNAL GENERA-WATER-SEWER
REQUEST FOR PROPOSAL IT MANAGED SERVICES AD, REQUEST FOR BIDS 2022 LOCAL ST RECON PROJECT
October 4, 2022 52402 $ 120.00 TOP DOG TRAINING CENTER, LLC GENERAL (1) K-9 MAINTENANCE TRAINING-OFFICER VACA & YANOSCH
October 4, 2022 52403 $ 25.32 ULINE, INC GENERAL
(1) 12" WIRE TIES FOR PLANS
October 4, 2022 52404 $ 250.00 VETERINARY MEDICAL CENTER GENERAL (11) CITY EUTHANASIA FOR DOGS
October 4, 2022 52405 $ 60.40 DENISE FUENTES WATER
MQ CUSTOMER REFUND FOR FUE0039
October 4, 2022 52406 $ 71.25 TONY LOPEZ WATER
MQ CUSTOMER REFUND FOR MEM0001
October 4, 2022 52407 $ 51.28 ARTURO RAMOS WATER
MQ CUSTOMER REFUND FOR RAM0143
October 4, 2022 52408 $ 19,260.47 PG&E
GENERAL-WATER-SEWERSTREETS-AIRPORT
CITYWIDE UTILITIES 8/9/2022-9/8/2022
October 4, 2022 52409 $ 13,373.26 BANKCARD CENTER GENERAL-WATER-SEWER CREDIT CARD EXPENSE 8/29/22-9/24/22 (POLICE DEPARTMENT MISC.
SUPPLIES, GOLF TOURNAMENT SUPPLIES, LEAGUE OF CA. CITIES $ 477,384.05
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JENNIFER LEKUMBERRY, DIRECTOR OF ADMINISTRATIVE SERVICES & ASSISTANT CITY
MANAGER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVAL TO OPERATE UNMANNED AIRCRAFT SYSTEMS (DRONES) DATE: OCTOBER 11, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-62, approving the use of unmanned aircraft systems?
BACKGROUND
The Central San Joaquin Valley Risk Management Authority “CSJVRMA” offers liability coverage for unmanned aircraft systems, commonly referred to as drones, to participating Cities as long as the City meets the conditions established below:
(a) The unmanned aircraft system is operated in compliance with applicable Federal Aviation Administration (FAA) rules and regulations, including as necessary under a proper and valid Certificate of Authorization (COA) obtained from the FAA. (b) The operation of the unmanned aircraft system by an employee of the member city was approved, prior to operation, by a member employee or official, which employee or official was acting in a management or supervisorial role when approving the operation of the unmanned aircraft system.
(c) The operation of the unmanned aircraft system is in the course of legitimate activity which was approved by a member employee or official, which employee or official was acting in a management or supervisorial role when approving the operation of the unmanned aircraft system.
(d) If necessary, the appropriate agency of the member city has properly secured a search warrant prior to the operation of the unmanned aircraft system. (e) The Governing Body of the member before use has approved use of unmanned aircraft systems.
ANALYSIS
In order for the CSJVRMA to provide liability coverage for City owned and operated drones, the City must meet the conditions established in the background section of this report. The City is seeking formal approval from the Mendota City Council to use the unmanned aircraft system. 2 FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-62, approving the use of unmanned aircraft systems.
Attachment(s):
1. Resolution No. 22-62
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-62
OF THE CITY OF MENDOTA APPROVING
THE USE OF UNMANNED AIRCRAFT
SYSTEMS (DRONES)
WHEREAS, the Federal Aviation Administration (“FAA”) has promulgated regulations related to the operation of small unmanned aircraft (drones) which are commonly referred to as the Small Unmanned Aircraft Rule, Title 14 of the Code of Federal Regulations, Part 107 (“FAA Part 107”); and
WHEREAS, pursuant to FAA Part 107, and State and Local laws, the City of Mendota may operate small unmanned aircraft systems (drones) weighing 55 pounds or less; and
WHEREAS, the City Council seeks to enact this Resolution in order to outline the permissible uses of small unmanned aircraft (drones) by the City of Mendota’s employees.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, that the City Council hereby approves the following conditions related to the operation of unmanned aircraft systems (drones) within the City of Mendota:
1. Unmanned aircraft systems (drones) shall be operated in compliance with all applicable Federal, State, and Local laws, rules, and regulations, including, but not limited to, the FAA rules and regulations contained in FAA Part 107; and
2. Employees of the City of Mendota are permitted to operate unmanned aircraft systems (drones) in the course of legitimate employment-related activities which shall be approved, prior to operation, by a City of Mendota employee or official acting in a management or supervisorial role; and
3. Where required, the City of Mendota will properly secure a search warrant prior to operating unmanned aircraft systems (drones).
______________________________
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 11th day of October, 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: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: DIRECTING STAFF TO PROCEED WITH REPAIRS TO THE SURFACING AT THE CITY’S
EXISTING SPLASH PAD LOCATED AT ROJAS-PIERCE PARK AND APPROVING THE ESTIMATE SUBMITTED BY PANTHERS CONCRETE INC. FOR THE RELATED WORK DATE: OCTOBER 11, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-63, directing staff to proceed with repairs to the surfacing at the existing splash pad located at Rojas-Pierce Park and approving the estimate submitted by Panthers Concrete, Inc., for the related work?
BACKGROUND
The City of Mendota (the “City”) installed a splash pad as part of a large park renovation project at Rojas-Pierce Park in 2008. The project was funded through a park grant that provided splash pads, basketball courts, and playground areas. When the splash pad was installed, the surfacing option selected was a pour-in-place rubber surfacing. Due to the rubbery surfacing failing throughout the splash pad and the resulting safety concerns, public works crews removed the existing surfacing material and taped off the area until repairs are conducted. The City Council directed staff to review repair options for the splash pad, and staff requested replacement options from contractors by using the City’s informal bid procedures laid out in Chapter 2.50 of the Mendota Municipal Code.
ANALYSIS
Staff received two types of bids, one bid is to replace the existing material with the same pour-inplace rubber surface and the other two bids are to replace that rubber surfacing with concrete with a broomed and colored surface instead. Panther Concrete, Inc., came in as the lowest bidder.
A breakdown of all quotes received are listed below:
BIDDER BID AMOUNT COMMENTS
Panther Concrete Inc. $33,750.00 30-60 days Broomed/color concrete finish Playgrounds Unlimited $34,982.64 30-60 days using a poured-in-place rubbery surface material
NORGO Engineering $55,560.00 30-60 days Broomed/color concrete finish
FISCAL IMPACT
2 The fiscal impact for the project, depending on which option the Council chooses, will be funded through the General Fund.
RECOMMENDATION
Since a concrete finish is not only more cost effective, but also much more durable, staff recommends that the City Council adopt Resolution No. 22-63 directing staff to proceed with repairs to the surfacing at the existing splash pad located at Rojas-Pierce Park and approving the estimate submitted by Panthers Concrete, Inc., for the related work.
Attachment(s):
1. Bids received
a. Panther Concrete Inc.
b. Playgrounds Unlimited
c. NORGO Engineering
2. Resolution No. 22-63
Panthers Concrete Inc.
Phone: (559) 393 - 3860
Email: [email protected]
PO Box: 781 - Parlier Ca. 93648
License Number: #1016907
Rojas Pierce Park - Splash Park
City of Mendota -
300 Sorensen Ave. Mendota CA. 93640
Phone: (559) 860 - 8882 (ATTE - City Manager)
Email: [email protected]
Estimate
Estimate Number Date
#715 08/18/22
1. Demolition of existing concrete - hauling of 50’ (diameter)
2. Construction of P.C.C. 3000 PSI/28days on 50’ (diameter) for Splash Park.
New concrete with color option, salt finish and soft broom finish on 5’min thick concrete with rebar #4 @18” both sides. Provide control joins as required/planned.
*Does not Include any electric or plumbing work*
1. $7,600
2. $26,150
Total: $33,750
Scope of Work Extended Price
2 Pressure Wash 1965 SF 1,994.98
Provide labor and equipment to pressure wash approx 1965 SF concrete paving. 3 SAFEPOUR Elite TPV 1965 SF 1/2" 32,987.66
Poured-In-Place: Supply and install approx 1965 SF of SAFEPOUR Elite TPV pour-in-place resilient rubber surfacing at 1/2” thickness using 100% Standard Color with Premium "Aliphatic" binder.
Proposal Total: $34,982.64
Terms & Conditions
By signing below you acknowledge and agree to our Contract; Exclusions, Conditions, & Payment Terms which are to be included in, and supersede any additional contracts or sub-contract agreements made separately based on this "Estimate". The values shown above represent a specific scope; no other work should be assumed to be included, (related or unrelated), unless specifically noted in the text of the above line items. Unless otherwise specified above we Exclude Responsibility for: material delivery &/or off loading equipment, removal of packaging accumulated by equipment supplied by others, project security, landscape & hardscape repair based on access route to site, delays or returns due to layout conflicts, missing or damaged components & hardware, removal of spoils from job site, locating underground; utilities, pipes, obstructions in work area, conditions unforeseen and/or not disclosed at time of estimate, permits, engineering, material testing, soil samples, play equipment certifications. PGU is a non union contractor, we are experienced with State & Federal prevailing wage and certified payroll requirements from DIR/DOL and will process when applicable. Union Agreements, including PLA's, are the responsibility of others and not to be included in our contracts. Conditions: Grades; stable, compacted, & workable, (rough grade to be taken + or - one tenth of one inch), adequate access to work site provided for workmen, materials, tools, & equipment. Estimate good for 90 Days. Payment Terms: Material balance due on delivery / Installation balance due upon completion of project.
Print Name: Date:
Proposal Accepted by: $34,982.64
(signature)
M.A.K. Associates Inc.
980 Memorex Drive
Santa Clara CA 95050
408-244-9848
License: 756794
Proposal
Proposal:
Date:
220412
09/06/2022
Client: Project: City of Mendota
643 Quince St
Mendota CA 93640
Rojas Pierce Park Splash Pad
Mendota CA
Salesperson: Email: Phone: [email protected] 408-244-9848 Initial: _______________
Lionel Lopez
DIR#: 1000008376
www.playgroundsunlimited.net
Special Instructions:
State Prevailing wages applied
Trucking and Bobcat access required
Attn: Cristian Gonzalez Email: [email protected] Phone: 559.860.8882 2 Colors for Playpour “Elite” TPV (.5-1.5mm):
Designed for indoor and outdoor safety surface play areas, offers superior UV stability and is currently available in a wide range of colors.
Use the PIP color mixer at https://www.rosehilltpv.com/rosehill-tpv-products/colourmixer/ to get an idea of what your color blend of choice will be. Premium & Custom Colors may have extended lead times as long as 8-12 weeks.
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-63
OF THE CITY OF MENDOTA DIRECTING
STAFF TO PROCEED WITH REPAIRS TO
THE SURFACING AT THE EXISTING SPLASH
PAD LOCATED AT ROJAS-PIERCE PARK,
AND APPROVING THE ESTIMATE
SUBMITTED BY PANTHERS CONCRETE, INC.,
FOR THE RELATED WORK
WHEREAS, the City of Mendota (“City”) is responsible for maintaining the City’s recreation amenities; and
WHEREAS, the surface of the splash pad located at the City’s Rojas-Pierce Park has deteriorated, causing safety concerns; and
WHEREAS, the City Council previously requested City staff research the City’s available options to repair the splash pad; and
WHEREAS, City staff solicited bids for various replacement and repair options from contractors pursuant to Mendota Municipal Code section 2.50.030; and WHEREAS, the bid estimate submitted by Panthers Concrete, Inc., attached hereto as Attachment 1A, represents the lowest responsible bid amount that meets City staff’s expectations for the splash pad repairs.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby directs City staff to proceed with repairs to the surfacing at the existing splash pad at Rojas-Pierce Park.
BE IT FURTHER RESOLVED, that the City Council approves the bid estimate submitted by Panthers Concrete, Inc., in substantially the form attached hereto as Attachment 1A, for the related splash pad repair work.
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 repairs to the surfacing of the splash pad as contemplated herein. ______________________________
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 11th day of October, 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: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: DIRECTING STAFF TO PROCEED WITH THE PURCHASE OF A CONCRETE MIXING ATTACHMENT THAT WAS APPROVED IN THE 2022-2023 FISCAL YEAR BUDGET DATE: OCTOBER 11, 2022
ISSUE
Shall the City Council adopt Resolution No. 22-64, directing staff to proceed with the purchase of a concrete mixing attachment that was approved in the 2022-2023 fiscal year budget?
BACKGROUND
The City of Mendota (the “City”) purchased a Bobcat brand skid steer tractor a few years ago.
One of the many unique capabilities that this tractor has is that it can operate endless specialty attachments for all construction projects. Currently the City has an auger attachment, a broom attachment, flair mower attachment, a trenching attachment and a three in one bucket for grading and loading. In July, the City Council approved the 2022-2023 fiscal year budget which included the purchase of a concrete mixing attachment for the tractor that would make staff more efficient when replacing concrete areas throughout town.
ANALYSIS
Staff received one bid due to the attachment being a proprietary product that is only made and sold through Skid Steer Solutions:
BIDDER BID AMOUNT COMMENT
Skid Steer Solutions $8,718.27 Only company that
carries this brand
FISCAL IMPACT
The fiscal impact for the project is $8,718.27 that will be divided into the water fund, sewer fund, street fund and general fund.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 22-64, directing staff to proceed with the purchase of a concrete mixing attachment that was approved in the 2022 and direct staff to proceed with the purchase of a concrete mixing attachment that was approved in the 2022- 2023 fiscal year budget.
Attachment(s):
1. Bid from Skid Steer Solutions
2. Resolution No. 22-64
3/29/22, 1:00 PM Skid Steer Solutions - Print invoice for order #35091 https://store-f2blb58h.mybigcommerce.com/admin/index.php?ToDo=printOrderInvoice&orderId=35091 1/1 Billing Details
Mark Banuelos
City of Mendota
643 Quince St.
Mendota, California 93640
United States
Machine Information
Bobcat S595
Lift Gate Service
Phone: (559) 577-7012
Email: [email protected]
Shipping Details
Mark Banuelos
City of Mendota
912 Marie St.
Mendota, California 93640
United States
Machine Information
Bobcat S595
Lift Gate Service
Phone: (559) 577-7012
Email: [email protected]
#35091
N/A ($8,718.27)
29th Mar 2022
ODFL (LTL)
Skid Steer Solutions Invoice for Order #35091
Skid Steer Solutions
2314 E. Bakerview Rd. Ste. 102
Bellingham, WA 98226
Order Items
Qty Code/SKU Product Name Price Total
1 ET-07M250-
A001-63
Skid Steer Mix and Go Concrete Mixer
Attachment | Eterra
9 Cu. Ft. |
BMX-250
SG-CB-1000A100 7-Pin
(Bobcat)
$7,520.00 USD $7,520.00 USD
Subtotal: $7,520.00 USD
Shipping: $554.34 USD
Sales Tax: $643.93 USD
Grand Total: $8,718.27 USD
Order:
Payment Method:
Order Date:
Shipping Method:
Select Cement Mixer
Model:
Select Attachment Control
Device:
SKID STEER SOLUTIONS, LLC ACCEPTED METHODS OF PAYMENT
Accepted Methods of Payment:
1. Credit Card: VISA, MasterCard, American Express and Discover
2. Checks in US Funds Only
Mail to: Skid Steer Solutions, LLC.
Attn: Accounting Dept
2314 E. Bakerview Rd., Ste. 102
Bellingham, WA 98226
3. Wire Transfers (Domestic and International)
Account Name: Skid Steer Solutions, Inc.
Account Number: 0000 1407 4017
Wire ABA Routing Number: 026009593 (Domestic)
Bank Name: Bank of America
Bank Address: 4251 Meridian St., Bellingham, WA 98226
SWIFT Code: BOFAUS3N (International)
Bank of America, NA
222 Broadway
New York, New York 10038
*The United States does not currently participate in IBAN https://www.bankofamerica.com/deposits/wire-transfers-faqs/ -ACH (Domestic- US only)
Account Name: Skid Steer Solutions, Inc.
Account Number: 0000 1407 4017
ACH Routing Number: 125000024
Bank Name: Bank of America
Bank Address: 4251 Meridian St., Bellingham, WA 98226
4. Financing now available! Contact us to discuss financing your order with monthly payments.
5.PayPal
If you wish to pick-up your order from our Bellingham, WA warehouse: All prices will include an 8.7% tax, or if you provide a Resale Certificate (as required by the State of Washington Dept. of Revenue) *Note: Items needing to be built do not start production until paid in full, or a valid PO is accepted.
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-64
OF THE CITY OF MENDOTA DIRECTING
STAFF TO PROCEED WITH THE PURCHASE
OF A CONCRETE MIXING ATTACHMENT
AS APPROVED IN THE 2022-2023
FISCAL YEAR BUDGET
WHEREAS, the City of Mendota (“City”) allocated and approved funds for the purchase of a concrete mixing attachment in its 2022-2023 fiscal year budget; and WHEREAS, purchasing this concrete mixing attachment will allow City staff to efficiently repair and replace concrete areas that have become broken down throughout the City; and
WHEREAS, the concrete mixing attachment is a proprietary product that is only made and sold by Skid Steer Solutions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby directs City staff to proceed with purchasing a concrete mixing attachment as approved in the City’s 2022-2023 fiscal year budget. ______________________________
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 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPLICATION NO. 22-10, TENTATIVE PARCEL MAP NO. 22-01 (RIVAS) DATE: OCTOBER 11, 2022
ISSUE
In the matter of Application No. 22-10, Tentative Parcel Map No. 22-01, shall the City Council make a finding of exemption from the California Environmental Quality Act and approve the tentative parcel map?
BACKGROUND
The Planning and Building Department has received an application for a Tentative Parcel Map (TPM) which proposes to subdivide the subject property into two lots. The existing property is currently vacant and undeveloped. At this time, no new development is being proposed, nor is a land use change or rezone proposed.
Applicant/Owner: David Rivas
Representative: Daniel Jauregui, Tri City Engineering, Inc.
Location: (APN 013-223-19) Quince Street and Ninth Street See attached map and photo
Site Size: 0.17 acres (7,500 SF)
General Plan: Medium Density Residential
Zoning: R-1 (Single Family Medium Density Residential- Min. 6,000 SF per lot)
Existing Use: Vacant
Surrounding Uses: Northeast – Residential; R-1
Southeast – Residential; R-1
Southwest – Residential; R-1
Northwest – Residential; R-1
Street Access: Quince Street and public alleyway
PLANNING COMMISSION ACTIONS
At a regular meeting on September 20, 2022, the Planning Commission by a vote of 3-0 (2 absent) adopted Resolution No. PC 22-04, which recommended the City Council finds that the proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315, Minor Land Divisions and approves Tentative Parcel Map No. 22-01 subject to conditions.
2 ANALYSIS
The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within Title 16 (Subdivision Ordinance) of the Mendota Municipal Code. Generally, a parcel map is required in order to subdivide land into four or fewer parcels. Although the Subdivision Ordinance indicates that tentative parcel maps are valid for one year following approval, the Map Act indicates that they are valid for two years and is the controlling law.
The Subdivision Ordinance lays out the process for TPMs as follows: the Planning Commission must conduct a public hearing and make a recommendation to the City Council. The City Council must then conduct a public hearing and consider approval of the map. If the City Council approves the TPM, the applicant may then file a final parcel map (technically just referred to as a “parcel map”) within 24 months. Although approval of parcel maps is typically vested with the City Council, the Subdivision Map Act provides that a City may, by ordinance, delegate the responsibility to another entity. In Mendota’s case, the authority to approve a parcel map based on an approved TPM has been delegated to the City Clerk; however, the authority to accept or reject dedications remains with the City Council.
TPM No. 22-01 proposes to subdivide the approximately 0.17-acre (7,500-SF) parcel into two parcels identified as “Parcel A” and “Parcel B”. For the purpose of future reference to the parcels following recordation of the parcel map, staff recommends that the parcels formally be called Parcel 1 and Parcel 2. They will be referred to as such throughout this report. Both Parcel 1 and Parcel 2 would contain approximately 0.085 acres (3,750 SF). No further development of or land use entitlements for any of the resultant parcels is being contemplated; any future development and/or new uses could be subject to the appropriate land use application(s).
Senate Bill 9 (SB9) went into effect on January 1, 2022. This bill allows for a one-time lot split of an existing single family residential parcel into two parcels. An application for an urban lost split under SB9 must be considered ministerially, without discretionary review or a hearing. These provisions supersede the City’s subdivision ordinance and related provisions of the Map Act related to notice and hearing. The public official(s) merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgement in reaching a final decision. The table below provides lot split requirements and compliance under SB9 for the proposed lot split:
Requirement Analysis
Urban Setting/ Single Family Zoning
The property is located in a single-family
residential zone located within a city, the
boundaries of which include some portion of
either an urbanized area or urban cluster, as
designated by the United States Census Bureau.
Property is located within the R-1 (Single Family
Medium Density Residential- Min. 6,000 SF per
lot) Zone District.
Lot Size/Ratio
The urban lot split would not result in any of the
following
• The creation of a lot less than 1,200 square feet.
The proposed lot split will split a 7,500 square
foot lot into two 3,750 square foot lots
(50%/50%). The resulting lots are not required to
3 • The creation of a lot that is less than 40% or
more than 60% of the original lot size
conform to the R-1 standards for area or
dimensions.
No Previous Lot Split
The lot cannot have been not previously
subdivided under SB9
No previous SB9 Lot Split has occurred on the
subject property.
No adjacent lot splits
The property owner, or a person working in
concert with the property owner, is not proposing
an urban lot split on an adjoining lot.
Property owner is not proposing a lot split on an
adjacent lot.
Public Street Access
Each lot created by the urban lot split would have
direct access to a public street, or would have
access to a public street through an easement.
Parcel A would have access through an alley and
Parcel B will have direct access to Quince Street.
Subdivision Map Act Compliance
The urban lot split will comply with all
requirements of the Subdivision Map Act, except
as otherwise expressly provided in SB9
Review determined compliance
ENVIRONMENTAL
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA, Public Resources Code Section 21000, et seq. and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq. A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines Section 15378.
Under Government Code Section 66411.7(a)(1), SB9 approvals are considered to be ministerial actions. CEQA Guidelines Section 15268 indicates that ministerial actions are exempt from the CEQA review process. Therefore, the project is exempt from CEQA.
PUBLIC NOTICE
A notice of public hearing is not required or allowed for urban lot splits subject to SB9.
FINDINGS
Parcel maps for residential urban lot splits must meet certain requirements contained in Government Code 66411.7(a) in order to be approved. These requirements are discussed below:
FINDING A: The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
The proposed subdivision would divide the existing parcel into two smaller parcels of equal size.
The project would split a parcel of 7,500 SF into two parcels of 3,750 SF. 4 FINDING B: Both newly created parcels are no smaller than 1,200 square feet.
As discussed above, the two newly created parcels would each be 3,750 SF in size.
FINDING C: The parcel is located within a single-family zone district.
The existing and resulting parcels would be located within the R-1 (Single Family Medium Density Residential- Min. 6,000 SF per lot) zone district.
FINDING D: The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
The proposed lot split would be located within the city limits of the City of Mendota.
FINDING E: The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
The proposed subdivision would satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
FINDING F: The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years.
The project site is vacant and has not been developed in the past. No demolition activity or removal of housing would result from the proposed subdivision.
FINDING G: The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources 5 Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
The subject parcel is not located within a historic district or is a property included on the State Historic Resources Inventory, nor is it a site that is designated or listed by the City of Mendota or County of Fresno as a landmark or historic property or district pursuant to a City or County ordinance.
FINDING H: The parcel has not been established through prior exercise of an urban lot split.
An urban lot split has not occurred for the subject property within the past.
FINDING I: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.
The property owner of the subject parcel, nor any other person has acting in concert with the owner has previously subdivided an adjacent parcel using an urban lost split.
FISCAL IMPACT
Review and processing of the planned development permit, engineering plans, and building plans are paid for by the applicant, and the project is responsible for payment of development impact fees. No development has been proposed. Any future development would be responsible for payment of fees consistent with the appropriate standards at the time of application.
RECOMMENDATION
Staff recommends that the City Council adopts Resolution No. 22-58, finding Application No. 22- 10 exempt from CEQA and approving Tentative Parcel Map No. 22-01.
Attachment(s):
Resolution No. 22-58
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-58
OF THE CITY OF MENDOTA REGARDING
A RECOMMENDATION FROM THE
PLANNING COMMISSION IN THE MATTER
OF APPLICATION NO. 22-10, TENTATIVE
PARCEL MAP NO. 22-01 (APN 013-223-19)
WHEREAS, on June 7, 2022, the City received a request for a tentative parcel map by Tri City Engineering on behalf of the applicant and property owner, David Rivas; and
WHEREAS, the proposal has been designated Application No. 22-10, consisting of Tentative Parcel Map No. 22-01; and
WHEREAS, Application No. 22-10 proposes to subdivide an existing parcel of approximately 0.17 acres (APN 013-223-19) into two smaller parcels of approximately
0.085 acres (3,750 SF) each, respectively, said subdivision of property subject to the provisions of Government Code section 66410, et seq.; and WHEREAS, no development is proposed at the project site at this time; and WHEREAS, the project has satisfied the requirements of Government Code section 66411.7, subdivision (a); and
WHEREAS, at a regular meeting on September 20, 2022, the Mendota Planning Commission considered Application No. 22-10 and, via adoption of Resolution No. P 22- 04, has forwarded a recommendation of approval to the City Council; and WHEREAS, approval of a tentative parcel map consists of a “lease, permit, license, certificate, or other entitlement for use”, and is therefore a “project” pursuant to the California Environmental Quality Act, Public Resources Code section 21000, et seq. (“CEQA”) and the CEQA Guidelines, Title 14, Chapter 3, California Code of Regulations section 15000, et seq.; and
WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Mendota assumes the role of lead agency pursuant to CEQA; and WHEREAS, the project is considered a residential urban lot split subject to ministerial approval under California Senate Bill 9, Government Code section 66411.7, subdivisions (a) and (b)(1); and
WHEREAS, California Senate Bill 9 residential urban lot splits are processed and approved ministerially in accordance with Government Code section 66411.7, subdivisions (a) and (b)(1); and
2 WHEREAS, ministerial projects, as here, are categorically exempt from CEQA’s requirements under CEQA Guidelines section 15268. (14 Cal. Code Regs., § 15268.) NOW, THEREFORE, BE IT RESOLVED that the Mendota City Council takes the following actions:
1. Finds that Application No. 22-10, consisting of Tentative Parcel Map No. 22-01, is exempt from CEQA pursuant to Government Code section 66411.7, subdivisions (a) and (b)(1), and CEQA Guidelines, Title 14, California Code of Regulations section 15268.
2. Approves Application No. 22-10, consisting of Tentative Parcel Map No. 22- 01, substantially as illustrated in Exhibit “A” hereto and subject to the conditions contained in Exhibit “B” hereto.
______________________________
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 Mendota City Hall on the 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 22-58
3 Exhibit “B”
Resolution No. 22-58
4 As may be used herein, the words “subdivider”, “owner,” “operator”, and “applicant” shall be interchangeable. Conditions of approval related to future development of the project site are either expressly (i.e., specific references using the term “future development” or similar) or impliedly (i.e., referring to activities that could only occur during site development) related, and shall be applicable at the time of approval of said future development.
General
1. The map shall be designated “Tentative Parcel Map No. 22-01”.
2. Tentative Parcel Map No. 22-01 shall be valid for a period of 24 months from the date of its approval or conditional approval by the City Council. Extensions to this period may be requested pursuant to Section 66453.3 of the California Subdivision Map Act.
3. Following City Council approval or conditional approval of the tentative parcel map and prior to its expiration, the subdivider may submit a final parcel map (“Parcel Map No. 22- 01” or “Parcel Map” herein).
4. The Parcel Map shall be prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.
5. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal. All parcel map fees and recording fees shall be paid as required by the City of Mendota and the County of Fresno prior to recordation of the map. The owner shall provide the City with a Land Division or Subdivision Guarantee and a Fresno County Tax Compliance Certification Request prior to the City submitting the Parcel Map to the Clerk to the Board of Supervisors.
6. The Parcel Map shall reflect two numbered parcels consistent with the approved Tentative Parcel Map, except as may be modified herein and as follows: “Parcel 1” and “Parcel 2” shall be named as shown.
7. Prior to recordation, the applicant shall execute and record an affidavit, prepared by the City Attorney, indicating his intention to reside in a dwelling on one of the resulting parcels for a period of not less than three (3) years.
8. Future development of the project site shall comply with all applicable provisions of the City of Mendota General Plan Update 2005-2025 and the Mendota Municipal Code, including but not limited to: potable water protection regulations (Chapter 13.24), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); and the regulations of the applicable zone district(s) and other relevant portions of the Zoning Ordinance (Title 17), including but not limited to Exhibit “B”
Resolution No. 22-58
5 acquisition of a conditional use permit and/or approval of a site plan; and the City of Mendota Standard Specifications and Standard Drawings.
9. Construction drawings including but not limited to building and improvement plans; site, grading, irrigation, lighting, and landscaping shall be submitted to the Building Department and/or to the City Engineer as appropriate for review and approval. A building permit or permits, including payment of applicable fees, shall be acquired prior to start of any construction activities.
10. Grading and improvement plans shall be prepared by a California-licensed civil engineer.
11. Irrigation, lighting, and landscaping plans may be prepared by a California-licensed landscape architect, architect, or engineer, or by an unlicensed design professional.
12. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting streets and rights-of-way.
13. Any work within City of Mendota public right-of-way shall require an encroachment permit, including payment of all associated fees.
14. Any work within, across, above, beneath or otherwise affecting Caltrans, County of Fresno, or other agency right-of-way, property, or operations shall be subject to applicable provisions of said other agency, including but not limited to acquisition of encroachment permits, dedication or right-of-way, or other requirements.
15. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.
16. Any work within, across, above, beneath or otherwise affecting right-of-way, property, and/or easements owned by or granted to purveyor(s) of private utilities shall be subject to the applicable provisions of said purveyor(s).
17. Prior to issuance of a certificate of occupancy for new development, all conditions of approval shall be verified as complete by the Planning Department. Any discrepancy or difference in interpretation of the conditions between the owner/applicant and the Planning Department shall be subject to review and determination by the Planning Commission.
18. Development shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).
19. Development shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE.
Exhibit “B”
Resolution No. 22-58
6 20. The owner of the project site, or of individual parcels created, shall be responsible for the ongoing and long-term maintenance of all onsite amenities to ensure that nuisance complaints are not received by the City.
21. Connection points for water and wastewater shall be determined by the City Engineer during review of future development proposals. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.
22. Applicants for development of the project site shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures.
23. All City of Mendota Planning, Building, and Engineering fees and costs shall be paid in full to the City prior to recordation of a Parcel Map.
24. Applicants intending to construct on, operate on, or otherwise occupy the parcels created by the Parcel Map shall be responsible for payment of City of Mendota Application Fees, Plan Check and Engineering Fees, Building Fees, and/or Development Impact Fees in amounts to be determined during review, processing, and approval of their respective projects.
25. Development shall be responsible for payment of fees to Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no fees are required, prior to issuance of a certificate of occupancy.
26. Development shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no fees are required, prior to issuance of a certificate of occupancy. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPLICATION NO. 22-11, TENTATIVE PARCEL MAP NO. 22-02 (TORRES) DATE: OCTOBER 11, 2022
ISSUE
In the matter of Application No. 22-11, Tentative Parcel Map No. 22-02, shall the City Council make a finding of exemption from the California Environmental Quality Act and approve the tentative parcel map?
BACKGROUND
The Planning and Building Department has received an application for a Tentative Parcel Map (TPM) which proposes to subdivide the subject property into two lots. The existing property is currently vacant and undeveloped. At this time, no new development is being proposed, nor is a land use change or rezone proposed.
Applicant: Jesus Torres
Owner: Juan Escalante
Representative: Daniel Jauregui, Tri City Engineering, Inc.
Location: (APN 013-075-13S) Juanita Street and Seventh Street See attached map and photo
Site Size: 0.17 acres (7,500 SF)
General Plan: Medium Density Residential
Zoning: R-1 (Single Family Medium Density Residential- Min. 6,000 SF per lot)
Existing Use: Vacant
Surrounding Uses: Northeast – Residential; R-1
Southeast – Residential; R-1
Southwest – Residential; R-1
Northwest – Residential; R-1
Street Access: Juanita Street, Seventh Street, and public alleyway
PLANNING COMMISSION ACTIONS
At a regular meeting on September 20, 2022, the Planning Commission by a vote of 3-0 (2 absent) adopted Resolution No. PC 22-05, which recommended the City Council finds that the proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315, Minor Land Divisions approves Tentative Parcel Map No. 22-02 subject to conditions.
2 ANALYSIS
The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within Title 16 (Subdivision Ordinance) of the Mendota Municipal Code. Generally, a parcel map is required in order to subdivide land into four or fewer parcels. Although the Subdivision Ordinance indicates that tentative parcel maps are valid for one year following approval, the Map Act indicates that they are valid for two years and is the controlling law.
The Subdivision Ordinance lays out the process for TPMs as follows: the Planning Commission must conduct a public hearing and make a recommendation to the City Council. The City Council must then conduct a public hearing and consider approval of the map. If the City Council approves the TPM, the applicant may then file a final parcel map (technically just referred to as a “parcel map”) within 24 months. Although approval of parcel maps is typically vested with the City Council, the Subdivision Map Act provides that a City may, by ordinance, delegate the responsibility to another entity. In Mendota’s case, the authority to approve a parcel map based on an approved TPM has been delegated to the City Clerk; however, the authority to accept or reject dedications remains with the City Council.
TPM No. 22-01 proposes to subdivide the approximately 0.17-acre (7,524-SF) parcel into two parcels identified as “Parcel A” and “Parcel B”. For the purpose of future reference to the parcels following recordation of the parcel map, staff recommends that the parcels formally be called Parcel 1 and Parcel 2. They will be referred to as such throughout this report. Both Parcel 1 and Parcel 2 would contain approximately 0.086 acres (3,762 SF). No further development of or land use entitlements for any of the resultant parcels is being contemplated; any future development and/or new uses could be subject to the appropriate land use application(s).
Senate Bill 9 (SB9) went into effect on January 1, 2022. This bill allows for a one-time lot split of an existing single family residential parcel into two parcels. An application for an urban lost split under SB9 must be considered ministerially, without discretionary review or a hearing. These provisions supersede the City’s subdivision ordinance and related provisions of the Map Act related to notice and hearing. The public official(s) merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgement in reaching a final decision. The table below provides lot split requirements and compliance under SB9 for the proposed lot split:
Requirement Analysis
Urban Setting/ Single Family Zoning
The property is located in a single-family
residential zone located within a city, the
boundaries of which include some portion of
either an urbanized area or urban cluster, as
designated by the United States Census Bureau.
Property is located within the R-1 (Single Family
Medium Density Residential- Min. 6,000 SF per
lot) Zone District.
Lot Size/Ratio
The urban lot split would not result in any of the
following
• The creation of a lot less than 1,200 square feet.
The proposed lot split will split a 7,500 square
foot lot into two 3,750 square foot lots
(50%/50%). The resulting lots are not required to
3 • The creation of a lot that is less than 40% or
more than 60% of the original lot size
conform to the R-1 standards for area or
dimensions.
No Previous Lot Split
The lot cannot have been not previously
subdivided under SB9
No previous SB9 Lot Split has occurred on the
subject property.
No adjacent lot splits
The property owner, or a person working in
concert with the property owner, is not proposing
an urban lot split on an adjoining lot.
Property owner is not proposing a lot split on an
adjacent lot.
Public Street Access
Each lot created by the urban lot split would have
direct access to a public street, or would have
access to a public street through an easement.
Parcel A would have access through an alley and
Parcel B will have direct access to Quince Street.
Subdivision Map Act Compliance
The urban lot split will comply with all
requirements of the Subdivision Map Act, except
as otherwise expressly provided in SB9
Review determined compliance
ENVIRONMENTAL
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA, Public Resources Code Section 21000, et seq. and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq. A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines Section 15378.
Under Government Code Section 66411.7(a)(1), SB9 approvals are considered to be ministerial actions. CEQA Guidelines Section 15268 indicates that ministerial actions are exempt from the CEQA review process. Therefore, the project is exempt from CEQA.
PUBLIC NOTICE
A notice of public hearing is not required or allowed for urban lot splits subject to SB9.
FINDINGS
Parcel maps for residential urban lot splits must meet certain requirements contained in Government Code 66411.7(a) in order to be approved. These requirements are discussed below:
FINDING A: The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
The proposed subdivision would divide the existing parcel into two smaller parcels of equal size.
The project would split a parcel of 7,524 SF into two parcels of 3,762 SF. 4 FINDING B: Both newly created parcels are no smaller than 1,200 square feet.
As discussed above, the two newly created parcels would each be 3,762 SF in size.
FINDING C: The parcel is located within a single-family zone district.
The existing and resulting parcels would be located within the R-1 (Single Family Medium Density Residential- Min. 6,000 SF per lot) zone district.
FINDING D: The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
The proposed lot split would be located within the city limits of the City of Mendota.
FINDING E: The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
The proposed subdivision would satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
FINDING F: The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years.
The project site is vacant and has not been developed in the past. No demolition activity or removal of housing would result from the proposed subdivision.
FINDING G: The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources 5 Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
The subject parcel is not located within a historic district or is a property included on the State Historic Resources Inventory, nor is it a site that is designated or listed by the City of Mendota or County of Fresno as a landmark or historic property or district pursuant to a City or County ordinance.
FINDING H: The parcel has not been established through prior exercise of an urban lot split.
An urban lot split has not occurred for the subject property within the past.
FINDING I: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.
The property owner of the subject parcel, nor any other person has acting in concert with the owner has previously subdivided an adjacent parcel using an urban lost split.
FISCAL IMPACT
Review and processing of the planned development permit, engineering plans, and building plans are paid for by the applicant, and the project is responsible for payment of development impact fees. No development has been proposed. Any future development would be responsible for payment of fees consistent with the appropriate standards at the time of application.
RECOMMENDATION
Staff recommends that the City Council adopts Resolution No. 22-59, finding Application No. 22- 11 exempt from CEQA and approving Tentative Parcel Map No. 22-02.
Attachment
Resolution No. 22-59
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-59
OF THE CITY OF MENDOTA REGARDING
A RECOMMENDATION FROM THE
PLANNING COMMISSION IN THE MATTER
OF APPLICATION NO. 22-11, TENTATIVE
PARCEL MAP NO. 22-02 (APN 013-075-13S)
WHEREAS, on June 7, 2022, the City received a request for a tentative parcel map by Tri City Engineering on behalf of the applicant, Jesus Torres, and property owner, Juan Escalante; and
WHEREAS, the proposal has been designated Application No. 22-11, consisting of Tentative Parcel Map No. 22-02; and
WHEREAS, Application No. 22-11 proposes to subdivide an existing parcel of approximately 0.17 acres (APN 013-075-13S) into two smaller parcels of approximately
0.086 acres (3,762 SF) each, respectively, said subdivision of property subject to the provisions of Government Code section 66410, et seq.; and WHEREAS, no development is proposed at the project site at this time; and WHEREAS, the project has satisfied the requirements of Government Code section 66411.7, subdivision (a); and
WHEREAS, at a regular meeting on September 20, 2022 the Mendota Planning Commission considered Application No. 22-11 and, via adoption of Resolution No. PC 22-05, has forwarded a recommendation of approval to the City Council; and WHEREAS, approval of a tentative parcel map consists of a “lease, permit, license, certificate, or other entitlement for use”, and is therefore a “project” pursuant to the California Environmental Quality Act, Public Resources Code section 21000, et seq. (“CEQA”) and the CEQA Guidelines, Title 14, Chapter 3, California Code of Regulations section 15000, et seq.; and
WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Mendota assumes the role of lead agency pursuant to CEQA; and WHEREAS, the project is considered a residential urban lot split subject to ministerial approval under California Senate Bill 9, Government Code section 66411.7, subdivisions (a) and (b)(1); and
WHEREAS, California Senate Bill 9 residential urban lot splits are processed and approved ministerially in accordance with Government Code section 66411.7, subdivisions (a) and (b)(1); and
2 WHEREAS, ministerial projects, as here, are categorically exempt from CEQA’s requirements under CEQA Guidelines section 15268. (14 Cal. Code Regs., § 15268.) NOW, THEREFORE, BE IT RESOLVED that the Mendota City Council takes the following actions:
1. Finds that Application No. 22-11, consisting of Tentative Parcel Map No. 22-02, is exempt from CEQA pursuant to Government Code section 66411.7, subdivisions (a) and (b)(1), and CEQA Guidelines, Title 14, California Code of Regulations section 15268.
2. Approves Application No. 22-11, consisting of Tentative Parcel Map No. 22- 02, substantially as illustrated in Exhibit “A” hereto and subject to the conditions contained in Exhibit “B” hereto.
______________________________
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 Mendota City Hall on the 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 22-59
3 Exhibit “B”
Resolution No. 22-59
4 As may be used herein, the words “subdivider”, “owner,” “operator”, and “applicant” shall be interchangeable. Conditions of approval related to future development of the project site are either expressly (i.e., specific references using the term “future development” or similar) or impliedly (i.e., referring to activities that could only occur during site development) related, and shall be applicable at the time of approval of said future development.
General
1. The map shall be designated “Tentative Parcel Map No. 22-02”.
2. Tentative Parcel Map No. 22-02 shall be valid for a period of 24 months from the date of its approval or conditional approval by the City Council. Extensions to this period may be requested pursuant to Section 66453.3 of the California Subdivision Map Act.
3. Following City Council approval or conditional approval of the tentative parcel map and prior to its expiration, the subdivider may submit a final parcel map (“Parcel Map No. 22- 02” or “Parcel Map” herein).
4. The Parcel Map shall be prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.
5. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal. All parcel map fees and recording fees shall be paid as required by the City of Mendota and the County of Fresno prior to recordation of the map. The owner shall provide the City with a Land Division or Subdivision Guarantee and a Fresno County Tax Compliance Certification Request prior to the City submitting the Parcel Map to the Clerk to the Board of Supervisors.
6. The Parcel Map shall reflect two numbered parcels consistent with the approved Tentative Parcel Map, except as may be modified herein and as follows: “Parcel 1” and “Parcel 2” shall be named as shown.
7. Prior to recordation, the applicant shall execute and record an affidavit, prepared by the City Attorney, indicating his intention to reside in a dwelling on one of the resulting parcels for a period of not less than three (3) years.
8. Future development of the project site shall comply with all applicable provisions of the City of Mendota General Plan Update 2005-2025 and the Mendota Municipal Code, including but not limited to: potable water protection regulations (Chapter 13.24), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); and the regulations of the applicable zone district(s) and other relevant portions of the Zoning Ordinance (Title 17), including but not limited to Exhibit “B”
Resolution No. 22-59
5 acquisition of a conditional use permit and/or approval of a site plan; and the City of Mendota Standard Specifications and Standard Drawings.
9. Construction drawings including but not limited to building and improvement plans; site, grading, irrigation, lighting, and landscaping shall be submitted to the Building Department and/or to the City Engineer as appropriate for review and approval. A building permit or permits, including payment of applicable fees, shall be acquired prior to start of any construction activities.
10. Grading and improvement plans shall be prepared by a California-licensed civil engineer.
11. Irrigation, lighting, and landscaping plans may be prepared by a California-licensed landscape architect, architect, or engineer, or by an unlicensed design professional.
12. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting streets and rights-of-way.
13. Any work within City of Mendota public right-of-way shall require an encroachment permit, including payment of all associated fees.
14. Any work within, across, above, beneath or otherwise affecting Caltrans, County of Fresno, or other agency right-of-way, property, or operations shall be subject to applicable provisions of said other agency, including but not limited to acquisition of encroachment permits, dedication or right-of-way, or other requirements.
15. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.
16. Any work within, across, above, beneath or otherwise affecting right-of-way, property, and/or easements owned by or granted to purveyor(s) of private utilities shall be subject to the applicable provisions of said purveyor(s).
17. Prior to issuance of a certificate of occupancy for new development, all conditions of approval shall be verified as complete by the Planning Department. Any discrepancy or difference in interpretation of the conditions between the owner/applicant and the Planning Department shall be subject to review and determination by the Planning Commission.
18. Development shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).
19. Development shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE.
Exhibit “B”
Resolution No. 22-59
6 20. The owner of the project site, or of individual parcels created, shall be responsible for the ongoing and long-term maintenance of all onsite amenities to ensure that nuisance complaints are not received by the City.
21. Connection points for water and wastewater shall be determined by the City Engineer during review of future development proposals. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.
22. Applicants for development of the project site shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures.
23. All City of Mendota Planning, Building, and Engineering fees and costs shall be paid in full to the City prior to recordation of a Parcel Map.
24. Applicants intending to construct on, operate on, or otherwise occupy the parcels created by the Parcel Map shall be responsible for payment of City of Mendota Application Fees, Plan Check and Engineering Fees, Building Fees, and/or Development Impact Fees in amounts to be determined during review, processing, and approval of their respective projects.
25. Development shall be responsible for payment of fees to Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no fees are required, prior to issuance of a certificate of occupancy.
26. Development shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no fees are required, prior to issuance of a certificate of occupancy. 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPLICATION NO. 22-12, TENTATIVE PARCEL MAP NO. 22-03 (FUENTES) DATE: OCTOBER 11, 2022
ISSUE
In the matter of Application No. 22-12, Tentative Parcel Map No. 22-03, shall the City Council make a finding of exemption from the California Environmental Quality Act and approve the tentative parcel map?
BACKGROUND
The Planning and Building Department has received an application for a Tentative Parcel Map (TPM) which proposes to subdivide the subject property into two lots. The existing property is currently vacant and undeveloped. At this time, no new development is being proposed, nor is a land use change or rezone proposed.
Applicant/Owner: Denise J. Fuentes
Representative: Daniel Jauregui, Tri City Engineering, Inc.
Location: (APN 013-075-12) Juanita Street and Seventh Street See attached map and photo
Site Size: 0.17 acres (7,524 SF)
General Plan: Medium Density Residential
Zoning: R-1 (Single Family Medium Density Residential- Min. 6,000 SF per lot)
Existing Use: Vacant
Surrounding Uses: Northeast – Residential; R-1
Southeast – Residential; R-1
Southwest – Residential; R-1
Northwest – Residential; R-1
Street Access: Juanita Street and public alleyway
PLANNING COMMISSION ACTIONS
At a regular meeting on September 20, 2022, the Planning Commission by a vote of 3-0 (2 absent) adopted Resolution No. PC 22-06, which recommended the City Council finds that the proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315, Minor Land Divisions approves Tentative Parcel Map No. 22-03 subject to conditions.
ANALYSIS
2 The California Subdivision Map Act (Government Code Section 66410, et seq.) establishes most of the procedures for subdivision of land. Other components are contained within Title 16 (Subdivision Ordinance) of the Mendota Municipal Code. Generally, a parcel map is required in order to subdivide land into four or fewer parcels. Although the Subdivision Ordinance indicates that tentative parcel maps are valid for one year following approval, the Map Act indicates that they are valid for two years and is the controlling law.
The Subdivision Ordinance lays out the process for TPMs as follows: the Planning Commission must conduct a public hearing and make a recommendation to the City Council. The City Council must then conduct a public hearing and consider approval of the map. If the City Council approves the TPM, the applicant may then file a final parcel map (technically just referred to as a “parcel map”) within 24 months. Although approval of parcel maps is typically vested with the City Council, the Subdivision Map Act provides that a City may, by ordinance, delegate the responsibility to another entity. In Mendota’s case, the authority to approve a parcel map based on an approved TPM has been delegated to the City Clerk; however, the authority to accept or reject dedications remains with the City Council.
TPM No. 22-01 proposes to subdivide the approximately 0.17-acre (7,524-SF) parcel into two parcels identified as “Parcel A” and “Parcel B”. For the purpose of future reference to the parcels following recordation of the parcel map, staff recommends that the parcels formally be called Parcel 1 and Parcel 2. They will be referred to as such throughout this report. Both Parcel 1 and Parcel 2 would contain approximately 0.086 acres (3,762 SF). No further development of or land use entitlements for any of the resultant parcels is being contemplated; any future development and/or new uses could be subject to the appropriate land use application(s).
Senate Bill 9 (SB9) went into effect on January 1, 2022. This bill allows for a one-time lot split of an existing single family residential parcel into two parcels. An application for an urban lost split under SB9 must be considered ministerially, without discretionary review or a hearing. These provisions supersede the City’s subdivision ordinance and related provisions of the Map Act related to notice and hearing. The public official(s) merely ensures that the proposed development meets all the applicable objective standards for the proposed action but uses no special discretion or judgement in reaching a final decision. The table below provides lot split requirements and compliance under SB9 for the proposed lot split:
Requirement Analysis
Urban Setting/ Single Family Zoning
The property is located in a single-family
residential zone located within a city, the
boundaries of which include some portion of
either an urbanized area or urban cluster, as
designated by the United States Census Bureau.
Property is located within the R-1 (Single Family
Medium Density Residential- Min. 6,000 SF per
lot) Zone District.
Lot Size/Ratio
The urban lot split would not result in any of the
following
• The creation of a lot less than 1,200 square feet.
The proposed lot split will split a 7,524 square
foot lot into two 3,762 square foot lots
(50%/50%). The resulting lots are not required to
conform to the R-1 standards for area or
dimensions.
3 • The creation of a lot that is less than 40% or
more than 60% of the original lot size
No Previous Lot Split
The lot cannot have been not previously
subdivided under SB9
No previous SB9 Lot Split has occurred on the
subject property.
No adjacent lot splits
The property owner, or a person working in
concert with the property owner, is not proposing
an urban lot split on an adjoining lot.
Property owner is not proposing a lot split on an
adjacent lot.
Public Street Access
Each lot created by the urban lot split would have
direct access to a public street, or would have
access to a public street through an easement.
Parcel A would have access through an alley and
Parcel B will have direct access to Quince Street.
Subdivision Map Act Compliance
The urban lot split will comply with all
requirements of the Subdivision Map Act, except
as otherwise expressly provided in SB9
Review determined compliance
ENVIRONMENTAL
The first step in complying with the California Environmental Quality Act (CEQA) is to determine whether the activity in question constitutes a “project” as defined by CEQA, Public Resources Code Section 21000, et seq. and the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15000, et seq. A “project” consists of the whole of an action (i.e., not the individual pieces or components) that may have a direct or reasonably foreseeable indirect effect on the environment. The second step is to determine whether the project is subject to or exempt from the statute. This proposal qualifies as a project under CEQA because it involves the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines Section 15378.
Under Government Code Section 66411.7(a)(1), SB9 approvals are considered to be ministerial actions. CEQA Guidelines Section 15268 indicates that ministerial actions are exempt from the CEQA review process. Therefore, the project is exempt from CEQA.
PUBLIC NOTICE
A notice of public hearing is not required or allowed for urban lot splits subject to SB9.
FINDINGS
Parcel maps for residential urban lot splits must meet certain requirements contained in Government Code 66411.7(a) in order to be approved. These requirements are discussed below:
FINDING A: The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
The proposed subdivision would divide the existing parcel into two smaller parcels of equal size.
The project would split a parcel of 7,524 SF into two parcels of 3,762 SF. 4 FINDING B: Both newly created parcels are no smaller than 1,200 square feet.
As discussed above, the two newly created parcels would each be 3,762 SF in size.
FINDING C: The parcel is located within a single-family zone district.
The existing and resulting parcels would be located within the R-1 (Single Family Medium Density Residential- Min. 6,000 SF per lot) zone district.
FINDING D: The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
The proposed lot split would be located within the city limits of the City of Mendota.
FINDING E: The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
The proposed subdivision would satisfy the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
FINDING F: The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years.
The project site is vacant and has not been developed in the past. No demolition activity or removal of housing would result from the proposed subdivision.
FINDING G: The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources 5 Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
The subject parcel is not located within a historic district or is a property included on the State Historic Resources Inventory, nor is it a site that is designated or listed by the City of Mendota or County of Fresno as a landmark or historic property or district pursuant to a City or County ordinance.
FINDING H: The parcel has not been established through prior exercise of an urban lot split.
An urban lot split has not occurred for the subject property within the past.
FINDING I: Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.
The property owner of the subject parcel, nor any other person has acting in concert with the owner has previously subdivided an adjacent parcel using an urban lost split.
FISCAL IMPACT
Review and processing of the planned development permit, engineering plans, and building plans are paid for by the applicant, and the project is responsible for payment of development impact fees. No development has been proposed. Any future development would be responsible for payment of fees consistent with the appropriate standards at the time of application.
RECOMMENDATION
Staff recommends that the City Council adopts Resolution No. 22-60, finding Application No. 22- 12 exempt from CEQA and approving Tentative Parcel Map No. 22-03.
Attachment(s):
Resolution No. 22-60
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 22-60
OF THE CITY OF MENDOTA REGARDING
A RECOMMENDATION FROM THE
PLANNING COMMISSION IN THE MATTER
OF APPLICATION NO. 22-12, TENTATIVE
PARCEL MAP NO. 22-03 (APN 013-075-12)
WHEREAS, on June 7, 2022, the City received a request for a tentative parcel map by Tri City Engineering on behalf of the applicant and property owner, Denise Fuentes; and
WHEREAS, the proposal has been designated Application No. 22-12, consisting of Tentative Parcel Map No. 22-03; and
WHEREAS, Application No. 22-12 proposes to subdivide an existing parcel of approximately 0.17 acres (APN 013-075-12) into two smaller parcels of approximately
0.086 acres (3,762 SF) each, respectively, said subdivision of property subject to the provisions of Government Code section 66410, et seq.; and WHEREAS, no development is proposed at the project site at this time; and WHEREAS, the project has satisfied the requirements of Government Code section 66411.7, subdivision (a); and
WHEREAS, at a regular meeting on September 20, 2022, the Mendota Planning Commission considered Application No. 22-12 and, via adoption of Resolution No. PC 22-06, has forwarded a recommendation of approval to the City Council; and WHEREAS, approval of a tentative parcel map consists of a “lease, permit, license, certificate, or other entitlement for use”, and is therefore a “project” pursuant to the California Environmental Quality Act, Public Resources Code section 21000, et seq. (“CEQA”) and the CEQA Guidelines, Title 14, Chapter 3, California Code of Regulations section 15000, et seq.; and
WHEREAS, as the agency primarily responsible for carrying out or approving said project, the City of Mendota assumes the role of lead agency pursuant to CEQA; and WHEREAS, the project is considered a residential urban lot split subject to ministerial approval under California Senate Bill 9, Government Code section 66411.7, subdivisions (a) and (b)(1); and
WHEREAS, California Senate Bill 9 residential urban lot splits are processed and approved ministerially in accordance with Government Code section 66411.7, subdivisions (a) and (b)(1); and
2 WHEREAS, ministerial projects, as here, are categorically exempt from CEQA’s requirements under CEQA Guidelines section 15268. (14 Cal. Code Regs., § 15268.) NOW, THEREFORE, BE IT RESOLVED that the Mendota City Council takes the following actions:
1. Finds that Application No. 22-12, consisting of Tentative Parcel Map No. 22-03, is exempt from CEQA pursuant to Government Code section 66411.7, subdivisions (a) and (b)(1), and CEQA Guidelines, Title 14, California Code of Regulations section 15268.
2. Approves Application No. 22-12, consisting of Tentative Parcel Map No. 22- 03, substantially as illustrated in Exhibit “A” hereto and subject to the conditions contained in Exhibit “B” hereto.
______________________________
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 Mendota City Hall on the 11th day of October, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 22-60
3 Exhibit “B”
Resolution No. 22-60
4 As may be used herein, the words “subdivider”, “owner,” “operator”, and “applicant” shall be interchangeable. Conditions of approval related to future development of the project site are either expressly (i.e., specific references using the term “future development” or similar) or impliedly (i.e., referring to activities that could only occur during site development) related, and shall be applicable at the time of approval of said future development.
General
1. The map shall be designated “Tentative Parcel Map No. 22-03”.
2. Tentative Parcel Map No. 22-03 shall be valid for a period of 24 months from the date of its approval or conditional approval by the City Council. Extensions to this period may be requested pursuant to Section 66453.3 of the California Subdivision Map Act.
3. Following City Council approval or conditional approval of the tentative parcel map and prior to its expiration, the subdivider may submit a final parcel map (“Parcel Map No. 22- 03” or “Parcel Map” herein).
4. The Parcel Map shall be prepared in accordance with Chapter 2, Article 3 of the Subdivision Map Act by a California-licensed land surveyor or civil engineer qualified to perform such service.
5. The Parcel Map submittal shall include parcel closures and a preliminary title report dated no more than thirty (30) days prior to submission to the City Engineer. Copies of all easement documents referenced in the preliminary title report shall accompany the submittal. All parcel map fees and recording fees shall be paid as required by the City of Mendota and the County of Fresno prior to recordation of the map. The owner shall provide the City with a Land Division or Subdivision Guarantee and a Fresno County Tax Compliance Certification Request prior to the City submitting the Parcel Map to the Clerk to the Board of Supervisors.
6. The Parcel Map shall reflect two numbered parcels consistent with the approved Tentative Parcel Map, except as may be modified herein and as follows: “Parcel 1” and “Parcel 2” shall be named as shown.
7. Prior to recordation, the applicant shall execute and record an affidavit, prepared by the City Attorney, indicating his intention to reside in a dwelling on one of the resulting parcels for a period of not less than three (3) years.
8. Future development of the project site shall comply with all applicable provisions of the City of Mendota General Plan Update 2005-2025 and the Mendota Municipal Code, including but not limited to: potable water protection regulations (Chapter 13.24), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); and the regulations of the applicable zone district(s) and other relevant portions of the Zoning Ordinance (Title 17), including but not limited to Exhibit “B”
Resolution No. 22-60
5 acquisition of a conditional use permit and/or approval of a site plan; and the City of Mendota Standard Specifications and Standard Drawings.
9. Construction drawings including but not limited to building and improvement plans; site, grading, irrigation, lighting, and landscaping shall be submitted to the Building Department and/or to the City Engineer as appropriate for review and approval. A building permit or permits, including payment of applicable fees, shall be acquired prior to start of any construction activities.
10. Grading and improvement plans shall be prepared by a California-licensed civil engineer.
11. Irrigation, lighting, and landscaping plans may be prepared by a California-licensed landscape architect, architect, or engineer, or by an unlicensed design professional.
12. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting streets and rights-of-way.
13. Any work within City of Mendota public right-of-way shall require an encroachment permit, including payment of all associated fees.
14. Any work within, across, above, beneath or otherwise affecting Caltrans, County of Fresno, or other agency right-of-way, property, or operations shall be subject to applicable provisions of said other agency, including but not limited to acquisition of encroachment permits, dedication or right-of-way, or other requirements.
15. It shall be the responsibility of the owner/developer to grant easements as necessary for the installation and maintenance of private utilities, including but not limited to: electricity, gas, telephone, and cable television.
16. Any work within, across, above, beneath or otherwise affecting right-of-way, property, and/or easements owned by or granted to purveyor(s) of private utilities shall be subject to the applicable provisions of said purveyor(s).
17. Prior to issuance of a certificate of occupancy for new development, all conditions of approval shall be verified as complete by the Planning Department. Any discrepancy or difference in interpretation of the conditions between the owner/applicant and the Planning Department shall be subject to review and determination by the Planning Commission.
18. Development shall comply with the rules and regulations of the San Joaquin Valley Air Pollution Control District (SJVAPCD).
19. Development shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE.
Exhibit “B”
Resolution No. 22-60
6 20. The owner of the project site, or of individual parcels created, shall be responsible for the ongoing and long-term maintenance of all onsite amenities to ensure that nuisance complaints are not received by the City.
21. Connection points for water and wastewater shall be determined by the City Engineer during review of future development proposals. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.
22. Applicants for development of the project site shall coordinate with Mid Valley Disposal to establish necessary solid waste procedures.
23. All City of Mendota Planning, Building, and Engineering fees and costs shall be paid in full to the City prior to recordation of a Parcel Map.
24. Applicants intending to construct on, operate on, or otherwise occupy the parcels created by the Parcel Map shall be responsible for payment of City of Mendota Application Fees, Plan Check and Engineering Fees, Building Fees, and/or Development Impact Fees in amounts to be determined during review, processing, and approval of their respective projects.
25. Development shall be responsible for payment of fees to Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no fees are required, prior to issuance of a certificate of occupancy.
26. Development shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no fees are required, prior to issuance of a certificate of occupancy.
AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: ACCEPTANCE OF DEDICATIONS FOR PARCEL MAP NO. 22-04 DATE: OCTOBER 11, 2022
ISSUE
In the matter of Parcel Map No. 22-04, shall the City Council accept dedications for public utilities easements and of rights-of-way on behalf of the public?
BACKGROUND
On August 23, 2022 the City Council adopted Resolution No. 22-55 approving Tentative Parcel Map No. 22-04. That map offered multiple dedications to the City: fee interest in the Naples Street and Second Street rights-of-way and a public utilities easement to accommodate existing utilities that extend across a portion of the property. The City’s Subdivision Ordinance delegates the authority to approve the final parcel map itself to the City Clerk; however, the authority to accept or reject dedications remains with the City Council. Prior to the City Clerk certifying that the parcel map conforms to the approved tentative parcel map and initiating recordation of the parcel map, the City Council must take action to accept or reject the offers of dedication.
ANALYSIS
Given that the City has street improvements and public utilities within the areas offered for dedication, it is sensible for the City to accept the offers of dedication.
ENVIRONMENTAL
Via adoption of Resolution No. 22-55, the City Council determined that the division of land was exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15315, Minor Land Divisions. There in no additional review or analysis required under CEQA for acceptance of the offered dedications.
PUBLIC NOTICE
Both the Planning Commission and the City Council conducted noticed public hearings during their consideration of the tentative parcel map. There is no additional noticing required for acceptance of the offered dedications.
FISCAL IMPACT
None.
RECOMMENDATION
Staff recommends that the City Council adopts Resolution No. 22-61, accepting the offered dedication of public utilities easements and rights-of-way offered by Parcel Map No. 22-04.
Attachment(s):
Resolution No. 22-61
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL OF RESOLUTION NO. 22-61
THE CITY OF MENDOTA IN THE MATTER OF
APPLICATION NO. 22-14, ACCEPTANCE OF
DEDICATIONS MADE BY PARCEL MAP NO. 22-04
WHEREAS, at a regular meeting on August 23, 2022, the Mendota City Council adopted Resolution No. 22-55, approving Tentative Parcel Map No. 22-04; and WHEREAS, Tentative Parcel Map No. 22-04 offered rights-of-way for Naples Street and Second Street along with two public utilities easements to accommodate existing underground municipal infrastructure for dedication to the City in fee; and WHEREAS, Mendota Municipal Code section 16.28.050, subdivision (K), states the City Council may accept or reject offers of dedication by Resolution; and WHEREAS, the City Council finds that it is in the best interest of the public to accept said offers of dedication on behalf of the public.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby accepts the offers of dedication shown on Parcel Map No. 22-04 as illustrated in Exhibit “A” hereto, and authorizes the City Manager to execute all documents required to accept the same.
______________________________
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 Mendota City Hall on the 11th day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 22-61
2 Exhibit “A”
Resolution No. 22-61
3 1
AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NANCY BANDA, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: GRANTS UPDATE
DATE: OCTOBER 11, 2022
GRANTS UPDATE
FEMA-4482-DR-CA California Covid-19 Pandemic – Staff submitted a reimbursement for Covid-19 expenses.
Safe Streets and Roads for All (SS4A) Grant Program – After reviewing the requirements for the grant, the City would need to adopt specific projects by resolution of the City Council. The U.S. Department of Transportation anticipated that there will be a notice of funding opportunity to open annually for the next five years. Wonderful Community Grant – Staff submitted an application for the Wonderful Community Grant Program for $100,000.00 to install an inclusive playground and three freestanding inclusive play equipment at Rojas-Pierce Park. The awarded projects will be announced this month.
Measure C New Technology Grant – The City received the reimbursement of $10,941.68.
Backup Generator Funding Program – Staff will be preparing an agenda item for the next City Council Meeting authorizing City Manager and/or Chief Plant Operator to execute all documents.
Proposition 68 – The grant cohort will be having a tentative Zoom Meeting on Monday, October 10th hosted by the City of Fresno.
Automatic Meter Read Project – The City received the first claim from the Automatic Meter Read Project for $334,656.00. Staff is preparing the second claim for reimbursement.
Fresno County Rural Transit Authority (FCRTA) – Staff contacted Moses Stites with the FCRTA regarding potential funding opportunities. He stated that FCRTA is working with their service provider (MV Transit) to roll out a program where they hire drivers using our EV cars in rural unincorporated communities. If this program has good traction, they will look to expand this program in other areas of Fresno County which would include Mendota. Another project that the FCRTA is researching is, City-owned vacant properties to determine if they would be suitable for a micro-grid solar resilience hub EV charging location, which would include solar panels carports and level 2 chargers for the general public and City vehicles similar to the solar chargers at City Hall and the Police Department. FCRTA would apply for the associated funding and work with the City to install and operate the hubs.
Resiliency Grant Opportunity – This grant opportunity has a 25% cost share. With the pending projects that the City has scheduled, this opportunity would not be feasible at this time.
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
Audit: Staff is preparing the grant reconciliation for the Fiscal Year 2021-2022 to submit to Price, Paige, and Company for the June 30, 2022 audit.
Attachment(s):
1. Grants Spreadsheet
MENDOTA, CITY OF
Grant Report
Oct-22
Grant Name Application Due Date Award Date
Agency:
Federal/State/County/
Private Pass-thru Matching Award Amount Purpose of Grant Notes State Water Resources Control Board 12/9/2022 TBD State N N TBD (2) Backup Generators Wonderful Community Grants 8/31/2022 9/30/2021 Private N N $ 100,000.00 Installation of an Inclusive Playground with three freestanding inclusive equipment 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 6/6/2022 State N N $ 29,223.54 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 12/13/2021 State N N $ 8,500,000.00 1) Community Center - Rojas-Pierce Park; 2) Fitness Court 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 9/30/2022 TBD State N Y TBD Expenditures incurred for COVID-19 25% match CDGB -Coronavirus and Other 3/1/2020 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 MCC Administering Tobacco Grant Program 8/7/2020 12/31/2020 State N N $ - 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 12/31/2020 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 9/7/2021 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: October 4, 2022
Engineering Projects:
1. Rojas Pierce Park:
• Construction of Phase 2 Expansion Project (field lighting) in Fall 2022 with CDBG funding
2. Well 10 and Water Main Relocation
• Design in progress; coordination with USBR and BB Limited
3. Mendota Meter Reading Project
• Construction is completed with Waterboard funding
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 December 2022
6. 2022 Local Street Reconstruction Project
• SB1 funded: Bids open on 10/14/22; Construction in Fall 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
10. Westside Water Tank & Booster Pump
• Design is underway; Construction in Winter/Spring 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
To: City Council via City Manager October 4, 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
4. Safe Routes to School Master Plan
• ATP funded: Workshops and School Sites Audit in progress
5. Parcel Maps
• Three residential parcel maps on 10/11 Council agenda
6. Reviewing proposed mixed-use development at Bass and 33
7. Reviewing proposal to use property at 865 Naples for events
8. Discussing new residential lot split with applicant
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 September):
• Engineers: 11
• Planners: 3
• Surveyors: 1
• Environmental Specialist: 3
• GIS/CAD Specialists: 3
• Construction Manager: 0
• Project Administrator: 4
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