CITYOF MENDOTA
ooCantaloupe Center Of The World"
VICTOR MARTINE,Z
Mayor
LIBERTAD "LIBERTY" LOPEZ
Mayor Pro Tempore
JOSE ALONSO
JOSEPH R. RIOFRIO
OSCAR ROSALES
AGENDA
MENDOTA CITY COUNCIL
Special City Council Meeting
CITY COUNCIL CHAMBERS
643 QUINCE STREET
October 3,2023
4:00 PM
CRISTIAN GONZALEZ
City Manager
JOHN KINSE,Y
City Attorney
The Mendota City Council welcomes you to its meetings; Regular meetings are scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated. Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda. Please turn your cell phones on vibrate/off while in the council chambers.
Any public writings distributed by the City of Mendota to at least a majority of the City Council regarding any item on this regular meeting agenda will be made available at the front counter at City Hall located at 643 Quince Street Mendota, CA 93640, during normal business hours 8 AM - 5 PM. ln compliance with the Americans with Disabilities Act, individuals requiring special assistance to participate at this meeting please contact the City Clerk at (559) 655-3291. Notification of at least forty-eight hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to the meeting.
CALL TO ORDER
ROLL CALL
FLAG SALUTE
FINALIZE THE AGENDA
1. Adjustments to Agenda.
2. Adoption of final Agenda
CITIZENS ORAL AND WRITTEN PRESENTATIONS
At this time members of the public may address the City Council onlv on matters listed on the agenda. Please complete a "request to speak" form and limit your comments to THREE (3) MINUTES. Please give the completed form to City Clerk prior to the start of the meeting. All speakers shall observe proper decorum. The Mendota Municipal Code prohibits the use of boisterous, slanderous, or profane language. All speakers must step to the podium, state their names and addresses for the record. Please watch the time.
NOTICE OF WAIVING OF READING
Notice of waiving of the reading of all resolutions introduced and/or adopted under this agenda.
Special City Council Agenda October 3,2023
1 1
643 0uince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Far: (559) 655-4064 TD0/fTY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) www.cityolmendota.com
The City ol Mendota is an equal opportunity provider and employer I
1 2.
3 1
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 7, 2023 THROUGH SEPTEMBER 19, 2023
WARRANT LIST CHECK NOS. 53787 THROUGH 53868
TOTAL FOR COUNCIL APPROVAL - $1,221 ,777.20
Proposed adoption of Resolution No. 23-68, supporting and implementing timely use of funding in the matter of project delivery schedules for federal transportation project selection.
Proposed adoption of Resolution No. 23-69, approving an lnterim Finance Director employment agreement between Rudy Marquez and the City of Mendota under Government Code Section 21221(H) effective October 2,2023.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9 (two potential cases).
ADJOURNMENT
CERTIFICATION OF POSTING
l, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby declare that the foregoing agenda for the Mendota City Council special meeting of Tuesday, October 3, 2023, was posted on the outside bulletin board located at City Hall, 643 Quince Street on Monday, October 2,2023, at 3:55 p.m.
Cabrera-Ga
Special City Council Agenda 2 October 3,2023
CITY OF MENDOTA
CASH DISBURSEMENTS
09/07/23 - 09/19/23
CK# 053787 - 053868
Check Date Check Number Check Amount Vendor Name Department Description September 7, 2023 53787 $ 2,935.00 CIVICPLUS, LLC GENERAL,WATER,SEWER (1)CODEHOSTING, (1) FULL-SERVICE SUBSCRIPTION
September 7, 2023 53788 $ 127.50 COLONIAL LIFE GENERAL
LIFE INSURANCE PREMIUM AUGUST 2023
September 7, 2023 53789 $ 46,072.97 NATIONAL AUTO FLEET GROUP GENERAL 2023 DODGE DURANGO 4X4 VIN# 1C4RDJFG9PC605097 (PD)
September 7, 2023 53790 $ 6,349.40 BANKCARD CENTER GENERAL,WATER,SEWER
MENDOTA FOOD CENTER, AMAZON, LITTLE CAESERS, ADOBE, DOLLAR TREE, EVENTSURE, NATIONAL PENS CO.
September 7, 2023 53791 $ 669.00 HOME DEPOT CREDIT CARD GENERAL, WATER LATE FEE REVERSAL 07/17/23, (1)SHADE FABRIC ROLL, (1)MKE M18 XC5.OP,(1)MKE M18 HACKZALL, (20)2X4- 8FT GC BROWN
September 7, 2023 53792 $ 45.41 SANG SANG LE WATER
MQ CUSTOMER REFUND FOR LE 0003
September 7, 2023 53793 $ 71.41 CHARISSA WALLACE WATER
MQ CUSTOMER REFUND FOR WAL0001
September 13, 2023 53794 $ 170,662.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER FOR 08/28/2023 - 09/10/2023
September 15, 2023 53795 $ 300.11 ADT SECURITY SERVICES GENERAL, WATER, SEWER SECURITY SERVICE FOR DMV,CH 09/13/2023 -10/12/2023
September 15, 2023 53796 $ 215.00 JOSE ALONSO GENERAL
PER DIEM FOR LEAGUE OF CA CITIES ANNUAL CONFERENCE
September 15, 2023 53797 $ 8,192.36 AMERITAS GROUP GENERAL VISION AND DENTAL INSURANCE FOR OCTOBER 2023
September 15, 2023 53798 $ 1,007.10 AT&T MOBILITY GENERAL POLICE DEPARTMENT CELL SERV 07/12/2023 - 08/11/2023
September 15, 2023 53799 $ 31.00 AUTOZONE, INC. GENERAL (1) ARMOR ALL TIRE FOAM (PD),(1) COUPLER TRAILER MASTERLOCK
LATCH LOCK (PD)
September 15, 2023 53800 $ 532,077.90 AVISON CONSTRUCTION, INC. SEWER STORMWATER IMPROVEMENT PROJECT PAYMENT#1 AUGUST 2023
September 15, 2023 53801 $ 2,274.30 BADGER METER WATER
BEACON SERVICES FOR AUGUST 2023
September 15, 2023 53802 $ 500.00 BAR PSYCHOLOGICAL GROUP GENERAL
OIS FFDE (PD)
September 15, 2023 53803 $ 195.29 BEATWEAR, INC. GENERAL SAFARILAND LEVEL 3 HOLSTERS FOR GEN 4 GLOCK (PD)
September 15, 2023 53804 $ 1,841.00 BSK ASSOCIATES WATE, SEWER GENERAL EDT MONTHLY 8/01/2023, GENRAL EDT WEEKLY
TREATMENT&DISTRIBUTION 08/15/23
September 15, 2023 53805 $ 603.48 CALIFORNIA BUSINESS MACHINES GENERAL, WATER, SEWER COPIER CONTRACT SERV: BASE SEPTEMBER, USAGE AUGUST 2023 September 15, 2023 53806 $ 761.00 CENTRAL VALLEY TOXOLOGY GENERAL (3) ETHYL ALCOHOL,(3) DRUG SCRN- (PD) CASE#23-1794, CASE#:23-1797, CASE#:23-1765
September 15, 2023 53807 $ 371.34 CHEMSEARCH SEWER
(1) CHERRY FLOW 5GL AUGUST 2023
September 15, 2023 53808 $ 764.42 CINTAS CORPORATION NO. 2 GENERAL,WATER,SEWER FIRST AID SUPPLIES PD,CH,PW,WTP,WWTP 07/2023
September 15, 2023 53809 $ 507.69 CIVICPLUS, LLC GENERAL,WATER,SEWER (25) MUNICODE PAGES, (1) MUNICODE ELECTRONIC MEDIA
September 15, 2023 53810 $ 2,011.20 COMCAST GENERAL,WATER,SEWER CITYWIDE XFINITY PHONE&INTERNET 09/06/2023-10/05/2023
September 15, 2023 53811 $ 173.89 CORELOGIC INFORMATION GENERAL,WATER,SEWER REALQUEST SERVICE FOR AUGUST 2023
September 15, 2023 53812 $ 175.00 CORBIN WILLITS SY'S INC. GENERAL,WATER,SEWER HELPED WITH LATE NOTICES AND ADJUST.FOR BACKFLOWS
September 15, 2023 53813 $ 1,065.17 CROWN SERVICES CO. GENERAL,SEWER TOILET 2XWK &SINK W/RENT-ROJAS-PIERCE PARK, WWTP, POOL PARK, LOZANO PARK, 3699 BASS AVE
September 15, 2023 53814 $ 200.00 DATA TICKET, INC. GENERAL DAILY CITATIONS,DAILY NOTICES FOR JULY 2023 (PD)
September 15, 2023 53815 $ 373.00 DEPARTMENT OF JUSTICE GENERAL (8) FINGERPRINT APPS, (3) CHILD ABUSE INDEX (PD)
September 15, 2023 53816 $ 12,123.56
EMPLOYER DRIVEN INSURANCE
SERVICE GENERAL
BILLING SUMMARY FOR OCTOBER 2023, CLAIMS PAID FOR AUGUST 2023
CITY OF MENDOTA
CASH DISBURSEMENTS
09/07/23 - 09/19/23
CK# 053787 - 053768
September 15, 2023 53817 $ 176.61 EINERSON'S PREPRESS GENERAL,WATER,SEWER (2) 500 BUSINESS CARDS 16PT MATTE- C.CABRERA, J.ALONSO
September 15, 2023 53818 $ 681.81 EMPLOYEE RELATIONS GENERAL,WATER,SEWER (05) CRIMINAL COURT/ACCESS FEES (PUBLIC WORKS)
September 15, 2023 53819 $ 1,540.00 ENVIRONMENTAL SYSTEMS RESEARCH GENERAL ARCGIS ANNUAL SUBSCRIPTION- 10/13/2023-10/12/2024
September 15, 2023 53820 $ 1,059.48 EXCEL SIGN CO. GENERAL (2) VEHICLE GRAPHICS&INSTAL-UNITS M96 & M97 (PD)
September 15, 2023 53821 $ 29,945.07 FRESNO COUNTY SHERIFF GENERAL,WATER DISPATCH SERVICE FOR AUGUST,OCTOBER 2023 , RMS JMS SERVICE
FOR JUNE (PD)
September 15, 2023 53822 $ 560.00 FRESNO MOBILE RADIO INC. GENERAL (40) POLICE DEPARTMENT RADIOS FOR AUGUST 2023
September 15, 2023 53823 $ 215.00 GONZALEZ, CRISTIAN GENERAL
PER DIEM FOR LEAUGE OF CA CITIES ANNUAL CONFERENCE
September 15, 2023 53824 $ 7,500.00 GONZALEZ TOWING & TRANSPORT
GENERAL,WATER,SEWER,
STREETS
LABOR REPAIR FOR CATERPILLAR 14G MOTOR GRADER
September 15, 2023 53825 $ 453.14 GRAINGER INC. GENERAL, SEWER (1) SOLENOID VALVE COIL, 120VAC, 60/50 HZ, (1) PORTABLE EVAP.
COOLER,W/CREDIT #9809928428
September 15, 2023 53826 $ 42,757.65 GUTHRIE PETROLEUM INC
GENERAL,WATER,SEWER,
STREETS
(3657) BLK DIESEL FUEL NO.2, (4720)BLK UNLEADED GASOLINE, (10)CHEV.TRACTOR HYD FL
September 15, 2023 53827 $ 159.75 HARBOR FREIGHT TOOLS
GENERAL,WATER,SEWER,
STREETS
(2) CEVIS TRAILER PIN MOUNT, (1) 3500LB DROP LEG TRLR
September 15, 2023 53828 $ 325.00 INSYARATH, KHAMPHOU GENERAL POLICE STATISTICS FOR AUGUST 2023
September 15, 2023 53829 $ 550.68 SIMPLOT GROWER SOLUTIONS WATER, SEWER (15) GAL ROUNDUP POWERMAX 3
September 15, 2023 53830 $ 180.00 KERWEST NEWSPAPER GENERAL (5) SUMMARY OF ORDINANCE 23-02,PROOF OF PUBLICATION
September 15, 2023 53831 $ 306.49 LEAF GENERAL, WATER, SEWER (2) KYROCERA CPOER SYSTEMS AUGUST 2023
September 15, 2023 53832 $ 431.39 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2015 FORD POLICE INTER:WATER PUMP DRIVE BELT, 2016 FORD FUSIONOIL CHANGE,BROKEN WIRES FIXED (PD) September 15, 2023 53833 $ 50.00 MARIA MACIEL GENERAL
PAID PARKING TICKET TWICE, WASNT PUT INTO DATA TICKET
September 15, 2023 53834 $ 109.86 DAVID MALDONADO GENERAL PAYROLL #18 REPLACEMENT FOR Z07990
September 15, 2023 53835 $ 215.00 VICTOR MARTINEZ GENERAL
PER DIEM FOR LEAGUE OF CA CITIES ANNUAL CONFERENCE
September 15, 2023 53836 $ 1,191.18 MENDOTA 1 SMOG GENERAL, STREETS 2015 FORD-POLICE INTERCEPTOR:CHECK CAR FOR VIBRATING (PD), 2008 FORD: CHECK FOR COOLANT LEAK
September 15, 2023 53837 $ 121.24 METRO UNIFORM GENERAL (2) WM'S CS POLO - FRONT STAFF
September 15, 2023 53838 $ 94,397.31 MID VALLEY DISPOSAL, INC SEWER SANITATION CONTRACT SERVICES FOR JULY 2023
September 15, 2023 53839 $ 3,000.00 NETXPERTS LLC GENERAL,WATER, SEWER
MONTHLY MANAGED SERVICE CONTRACT MARCH, MAY, SEPTEMBER
2023
September 15, 2023 53840 $ 1,822.50 NEXUS ADMINISTRATORS, INC. GENERAL, WATER, SEWER 2022 ANNUAL RETIREMENT PLAN PARTICIPATION CHARGE, RETIREMENT
PLAN(S) DOCUMENT AMENDMENTS
September 15, 2023 53841 $ 2,721.31 NORTHSTAR CHEMICAL WATER (800) SODIUM HYPOCHLORITE 12.5% MILL A
September 15, 2023 53842 $ 950.00 OUTFRONT MEDIA INC. REFUSE POSTER PRODUCTION- ILLEGAL DUMPING & SB1383, ILLEGAL DUMPING & SB1383 BILLBOARD- OLLER ST
September 15, 2023 53843 $ 3,521.78 PLATT ELETRIC SUPPLY STREETS (6) LFU KLK030 600V, (9) BUS KTK-30 - FUSES, (3)LMK LAS45S-T4 4K ADJ.LUMEN, (18) IMT LED4536SC SPECIFIC GRADER
September 15, 2023 53844 $ 64,217.08 PROVOST & PRITCHARD WATER, STREETS, SEWER PROF SERV:WELL # 10 & EXTENSION OF WTR TRANS.MAIN JULY 2023, PROF SEV: MENDOTA JR HIGH SRTS JULY 2023
September 15, 2023 53845 $ 1,245.52 PURL'S SHEETMETAL & AIR GENERAL
DIAGONSTIC DUCTLESS CONDENSER FAN MOTOR- CITY HALL
September 15, 2023 53846 $ 138.11 R.G. EQUIPMENT COMPANY GENERAL (3)TRIMMER LINE .095 MD SPOOL BLACK VORTEX
September 15, 2023 53847 $ 2,013.08 RAMON'S TIRE & AUTO
GENERAL, WATER, SEWER
STREETS
EXPLORER M82:TIRE REPAIR PATCH (PD), BACKHOE 310 SG#11:
TRACTOR VALVE STEAM, 2021 RAM 1500 CLASSIC:TIRE PATCH
CITY OF MENDOTA
CASH DISBURSEMENTS
09/07/23 - 09/19/23
CK# 053787 - 053768
September 15, 2023 53848 $ 1,458.17 RED WING BUSINESS ADVANTAGE SEWER, WATER (9) BOOT REPLACEMENT PER MOU PUBLIC WORKS AND PUBLIC
UTILITIES
September 15, 2023 53849 $ 215.00 OSCAR ROSALES GENERAL
PER DIEM FOR LEAGUE OF CA CITIES ANNUAL CONFERENCE
September 15, 2023 53850 $ 730.54 ERNEST PACKING SOLUTIONS GENERAL, WATER, SEWER (2) CLNR/DEGRSR BATH KABOOM, (3) CT Y-NOTCH RT 800'
WHITE,(3)MUTLIFOLD PREM
September 15, 2023 53851 $ 200.00 SEBASTIAN GENERAL
CITYHALL- CHECK / FIX VOICEMAILS NOT WORKING 08/30/2023 September 15, 2023 53852 $ 737.49 SIGNMAX STREETS
(2) CUSTOM STENCIL 96"X48" 30" (1) KEEP (1) CLEAR, (1) 24X30 BLK/WHIT
EG/ALUM- KEEP APPROACH CLEAR
September 15, 2023 53853 $ 3,694.86 SITEONE LANDSCAPE SUPPLY LLC GENERAL (1) HUNTER ICC2 MODULAR CONTROLLER, (1) HUNTER EXPAN., (12)RAIN BIRD 8005 ADJUSTABLE STAINLESS STEEL ROTR
September 15, 2023 53854 $ 4,568.48 SORENSEN MACHINE WORKS
GENERAL,STREETS,WATER
SEWER
CITYWIDE DEPARTMENT SUPPLIES FOR JULY 2023
September 15, 2023 53855 $ 4,366.25 THE BANK OF NEW YORK MELLON SEWER MJPFA LEASE REVENUE BOND, SERIES 2022
September 15, 2023 53856 $ 6,227.29 THOMASON TRACTOR COMPANY GENERAL, STREETS JOHN DEERE 6420- SCV LEAK REPAIR, 310 BACKHOE- REPLACE REAR DRIVE LINE, 310 BACKHOE- STEERING AND REPLACED PARTS
September 15, 2023 53857 $ 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC. GENERAL, WATER, SEWER CONSULTING SERVICES FOR SEPTEMBER 2023
September 15, 2023 53858 $ 1,443.47 USA BLUEBOOK WATER, SEWER W04:SPECIAL/SOLUTION TUBE CV505, YSI PRO20I DO METER; 4-M CABLE
GALAVANIC
September 15, 2023 53859 $ 680.20 VETERINARY MEDICAL CENTER GENERAL (15)CITY EUTHANASIA,(1)MEDICAL WASTE FEE (PD)
September 15, 2023 53860 $ 2,009.67 VULCAN MATERIALS COMPANY STREETS (7.93)ST 3/8 COM SC3000 AGG&ASPHALT- STREETS, (6)ST 1/2IN HMA TYPE
A AGG&ASPHALT - STREETS
September 15, 2023 53861 $ 11,868.36 WANGER JONES HELSLEY PC ATTORNEY GENERAL, WATER, SEWER PASS THRU: LEGAL SERV: ODYSSEY DEVELOPMENT,LEGAL SERV:
GENERAL LEGAL SERVICES 08/15/23
September 15, 2023 53862 $ 66.96 WECO GENERAL, WATER, SEWER (6)RENT CYL ACETYLENE # 4, OXYGEN D, OXYGEN K AUGUST 2023 September 18, 2023 53863 $ 5,000.00 GONZALEZ, CRISTIAN GENERAL
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
September 19, 2023 53864 $ 517.28 AFLAC GENERAL
AFLAC INSURANCES FOR SEPTEMBER 2023
September 19, 2023 53865 $ 110,441.00 CSJVRMA GENERAL
2023/2024 2ND QUARTER DEPOSITS
September 19, 2023 53866 $ 3,350.00 CENTRAL VALLEY CLEAN WATER ASS. SEWER ASSOCIATION DUES FOR JULY 2023-JUNE 2024
September 19, 2023 53867 $ 494.64 PETTY CASH GENERAL,WATER,SEWER PETTY CASH EXPENSE TAG #804-812 07/13/2023-09/18/2023
September 19, 2023 53868 $ 3,455.00 REGROUP GENERAL, WATER, SEWER REGROUP MASS NOTIF ANNUAL SUB. 09/10/2023-09/09/2024
$ 1,221,777.20
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MICHAEL OSBORN, CITY ENGINEER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: SUPPORTING AND IMPLEMENTING TIMELY USE OF FUNDING IN THE MATTER OF
PROJECT DELIVERY SCHEDULES FOR FEDERAL TRANSPORTATION PROJECT
SELECTION
DATE: OCTOBER 3, 2023
ISSUE
Shall the City Council adopt Resolution No. 23-68, supporting the timely use of funding in the matter of project delivery schedules for federal transportation project selection?
BACKGROUND
Approval of Assembly Bill (“AB”) 1012 requires that both State and Federal funds be used in a “timely” manner. In order to avoid losing any Federal or State funds to our Region, the “use it or lose it” requirements of AB 1012 place local governmental agencies in a position that they must be able to deliver their projects on time. That is, they must be able to meet their project delivery schedules as proposed and as programmed within the Federal Transportation Improvement Program (“FTIP”).
Because the issue of “project delivery is so important, each agency must be able to assure that their project(s) can be delivered timely. Therefore, each application for Congestion Mitigation and Air Quality (“CMAQ”) or Surface Transportation Block Grant (“STBG”) funding must be accompanied by a formal Council Resolution stating that each project will meet project delivery schedules and that staff be directed to ensure that projects are delivered timely.
Regional bid projects must be delivered in the programmed year specified and within the programming years of the FTIP (covering federal fiscal years 2024/25, 2025/26, 2026/27, and 2027/28). If a regional bid project is delayed due to unforeseen circumstances, projects, at any phase, may be pushed out. If the project is delayed more than two FTIP cycles, the project will be programmed based on financial capacity and at Fresno Council of Governments’ (“FCOG’s”) discretion.
ANALYSIS
The City Engineer and staff intend on submitting applications during the 2023 Call for Projects for the regional bid (competitive) for the following projects:
• CMAQ – Marie Street Complete Street Project
• STBG – Divisadero Reconstruction from Lolita Street to Inez Street 2 FISCAL IMPACT
There is no fiscal impact for the preparation of the CMAQ and STBG applications requesting funding for the listed projects. Should the projects be awarded funding, City’s street funds - Gas Tax, LTF, Measure C and/or RMRA (SB1) funds - will be utilized for preliminary engineering, right-of-way clearance, construction management and the standard 11.47% local match of federal funds.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 23-68, supporting the timely use of funding in the matter of project delivery schedules for Federal Transportation project selection.
Attachment:
1. Resolution No. 23-68
1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 23-68
OF THE CITY OF MENDOTA SUPPORTING
AND IMPLEMENTING TIMELY USE OF
FUNDING IN THE MATTER OF PROJECT
DELIVERY SCHEDULES FOR FEDERAL
TRANSPORTATION PROJECT SELECTION
WHEREAS, Assembly Bill (“AB”) 1012 has been enacted into State Law in part to provide for the “timely use” of State and Federal funding; and WHEREAS, the City of Mendota (“City”) is able to apply for and receive Federal and State funding under the Federal Transportation Act and the Surface Transportation Block Grant (“STBG”) Program (formerly Regional Surface Transportation Program); and
WHEREAS, the City desires to ensure that its projects, as listed herein, are delivered in a timely manner to prevent the Fresno Region (the “Region”) from losing those State and Federal funds for non-delivery; and
WHEREAS, the City wishes to pursue Congestion Mitigation and Air Quality (“CMAQ”) funding for the Marie Street Complete Street Project, and STBG funding for Divisadero Street Reconstruction (Lolita Street to Inez Street); and WHEREAS, the City understands that failure to meet project delivery dates for any phase of a project may jeopardize Federal or State funding to the Region; and WHEREAS, the City must demonstrate dedicated and available local matching funds for these projects.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the City Council hereby agrees to ensure that all project delivery deadlines for all project phases of the projects identified herein will be met or completed ahead of schedule.
BE IT FURTHER RESOLVED, that the City acknowledges failure to meet project delivery deadlines may be deemed as sufficient cause for the Fresno Council of Governments Policy Board to terminate an agency’s project and reprogram Federal/State funds as deemed necessary.
///
///
2 BE IT FURTHER RESOLVED, that the City Council directs its management and engineering staff to ensure all projects identified herein are carried out in a timely manner pursuant to the requirements of AB 1012 and this directive. ______________________________
Victor Martinez, 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 special meeting of said Council, held at the Mendota City Hall on the 3rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
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 OF EMPLOYMENT AGREEMENT AND APPOINTMENT OF RUDY MARQUEZ
TO INTERIM FINANCE DIRECTOR
DATE: OCTOBER 3, 2023
ISSUE
Shall the City Council adopt Resolution No. 23-69, approving an employment agreement and appointment of Rudy Marquez to Interim Finance Director?
BACKGROUND
The City of Mendota (“City”) is actively recruiting for the City’s next Finance Director, which can take anywhere from 3 to 12 months to fill contingent on qualified candidates applying and moving forward in the recruitment process to the final candidate successfully passing their background exam.
ANALYSIS
Rudy Marquez worked for the City of Mendota for over 20 years, specifically in the Finance department. His experience will allow him to provide oversight of the department, ensuring operations of the department runs smoothly during the recruitment process.
The decision to enter into such an agreement requires the City to be in the process of undergoing a recruitment for the successor. The recruitment for Finance Director is in progress, and the recruitment announcement is attached.
Under the California laws that govern public sector retirements, a retired annuitant may be employed by a CalPERS agency for no more than 960 hours in a fiscal year, and may be paid no more than a regular employee in the same capacity.
Finally, Government Code 21221(h) provides that such an agreement must be adopted by resolution of the City Council.
FISCAL IMPACT
The only net cost to the City would be the base salary amount noted above and specified in the agreement. There are no benefit or retirement costs paid by the City beyond the hourly rate specified in the agreement.
These costs are within the City's authority and budget. Costs will be limited by both the 960-hour 2 limit specified in the law and by the six-month duration of the agreement, and will be funded with the cost savings from the vacant position. No additional monies need to be approved.
The fiscal impact may be up to $53,306.88, depending on the number of hours worked. This would be paid from the General Fund, Water, Sewer, refuse, Measure C, and LTF funding sources.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 23-69, approving an employment agreement and appointment of Rudy Marquez to Interim Finance Director.
Attachments:
1. Current Finance Director Recruitment
2. Resolution No. 23-69
3. Exhibit “A” - Interim Finance Director Employment Agreement
CITY OF MENDOTA
643 Quince Street, Mendota, CA 93640 (559) 655-3291
FINANCE DIRECTOR RECRUITMENT
OPEN UNTIL FILLED
The Finance Director Position:
The Director of Finance is a regular full-time exempt and at-will position. Under direction of the City Manager, plans, organizes, manages and directs centralized accounting, financial administration programs, and grant administration; provides administrative direction and oversight for purchasing, budget and fiscal analysis for the City and for the Mendota Community Corporation (MCC); may serve as City Controller and City Treasurer. Under general direction, identifies funding sources and prepares applications for grants processes awarded grants and performs related work as required.
The ideal candidate will have experience in directing, managing, and operations of a Finance Department in a Public Sector environment, excellent communication skills, ability to cultivate positive relationships, approachable, responsive, and innovative.
Education:
Equivalent to a bachelor’s degree from an accredited college or university with major course work in finance, accounting, business administration, economics, or a closely related field. CPA is preferred.
Experience:
Five years progressively responsible administrative and management experience in accounting and financial work.
The successful candidate must possess strong written and oral communications skills, strong leadership qualities, possess a commitment to community service and the highest public service practices, policies and ethics. The successful applicant will be expected to become an active member and leader in the community. Bilingual (English and Spanish), while not a requirement will be considered an asset.
Compensation:
Annual Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Finance Director $90,495.85 $95,020.65 $99,771.68 $104,760.26 $109,998.28 $115,498.19 Salary will be dependent on qualifications with a high value placed on the level of responsibilities for this executive position.
Benefits:
The City offers a comprehensive benefit package including:
• City paid medical, dental and vision insurance for employee and dependents. Employee with health insurance coverage from a non-City source may elect to receive payment in lieu of coverage in the amount of $500 per month
• Life insurance - $50,000 term life paid for by City
• The City provides a 401(k) plan with both a Traditional and Roth option • CalPERS Retirement
• SDI paid for by City
• Social security coverage
• Employer paid for Employee Assistance Program for employee and qualifying family members • Paid Holidays- (14) - eight hour observed holidays; (3) – four hour observed holidays; and (1) – eight hours floating holiday
• Vacation leave accruals start at 6.67 hours per month • Sick leave accrues at 8 hours per month
• Administration leave is 96 hours per fiscal year
Application and Selection Process:
This is a confidential process and will be handled accordingly throughout the various stages of the process.
All interested candidates should apply by submitting a complete City of Mendota employment application, a resume, a cover letter, and supplemental questionnaire to the Director of Administrative Services/Assistant City Manager, Jennifer Lekumberry at City of Mendota, 643 Quince Street, Mendota, CA 93640.
INCOMPLETE OR FAXED APPLICATIONS WILL NOT BE ACCEPTED.
Applications will be screened and the most qualified candidates will be invited to participate in the interview process. Upon completion of the interviews, the City will conduct a thorough reference and background check, including a credit check.
Equal Opportunity Employer:
The City of Mendota is an Equal Opportunity Employer. Women, minorities and people with disabilities are encouraged to apply. In compliance with the Americans with Disabilities Act, the City of Mendota will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer.
The information contained within this recruitment announcement may be modified or revoked without notice and does not constitute either an expressed or an implied contract. 1 BEFORE THE CITY COUNCIL
OF THE
CITY OF MENDOTA, COUNTY OF FRESNO
A RESOLUTION OF THE CITY COUNCIL RESOLUTION NO. 23-69
OF THE CITY OF MENDOTA APPROVING
AN INTERIM FINANCE DIRECTOR
EMPLOYMENT AGREEMENT BETWEEN
RUDY MARQUEZ AND THE CITY OF MENDOTA
UNDER GOVERNMENT CODE SECTION 21221(H)
EFFECTIVE OCTOBER 2, 2023
WHEREAS, the City of Mendota (“City”) lacks a Finance Director at this time, and the City cannot function efficiently while this position remains vacant; and WHEREAS, the City intends to appoint an Interim Finance Director to fill this vacant position to prevent stoppage of public business while the City undertakes recruitment efforts to find a replacement Finance Director; and WHEREAS, the City Council intends to appoint Rudy Marquez as the City’s Interim Finance Director, effective October 2, 2023, because he has the skills needed to perform this work and can prevent the undesirable stoppage of public business during the City’s ongoing recruitment efforts for a replacement Finance Director; and WHEREAS, this interim appointment shall not to last beyond September 27, 2024, and shall terminate immediately upon the City’s appointment of a replacement Finance Director; and
WHEREAS, Government Code section 7522.56 provides that the City may not retain a retired annuitant collecting public retirement system benefits within 180 days from the date of that person’s retirement, except in the case of limited exceptions; and WHEREAS, Rudy Marquez retired from the City in the position of Finance Director on July 1, 2021, well beyond Government Code section 7522.56’s 180-day bar to retention by the City; and
WHEREAS, an appointment under Government Code section 21221, subdivision (h), requires an active, publicly posted recruitment for a permanent replacement; and WHEREAS, the City is actively undertaking recruitment efforts to find a permanent replacement as required by law; and
WHEREAS, Government Code section 21221 provides the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
2 WHEREAS, the Interim Finance Director employment agreement between Rudy Marquez and the City has been reviewed by this body and is attached hereto as Exhibit “A”; and
WHEREAS, the maximum base salary for the Finance Director position is $9,624.85 per month with an hourly equivalent of $55.5280, and the minimum base salary for this position is $7,541.32 per month with an hourly equivalent of $43.5076; and
WHEREAS, the hourly rate paid to Rudy Marquez as Interim Finance Director will be $55.5280, which is Step 6 of the City’s Finance Director salary range; and WHEREAS, pursuant to Government Code section 21221, subdivision (h), Rudy Marquez has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota hereby approves the offer of employment for the position of Interim Finance Director, in substantially the form attached hereto as Exhibit “A”, during the City’s recruitment for the Finance Director position.
BE IT FURTHER RESOLVED, that the City Council of the City of Mendota hereby authorizes the City Manager, or his designee, to execute any document reasonably required to effect the interim appointment discussed herein. ______________________________
Victor Martinez, 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 special meeting of said Council, held at the Mendota City Hall on the 3rd day of October 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
EXHIBIT A
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INTERIM FINANCE DIRECTOR EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is effective as of October 2, 2023 between the City of Mendota ("Employer") and Rudy Marquez ("Retired Annuitant").
1. The City of Mendota desires to retain the services of Retired Annuitant in order to utilize his experience, abilities, and knowledge until such time a suitable replacement can be found and trained.
2. Retired Annuitant desires to be in the employ of Employer and is willing to do so under the terms and conditions set forth below.
THEREFORE, in consideration of the above recitals and of mutual promises and conditions in this Agreement, it is agreed as follows:
A. TERM OF EMPLOYMENT. Subject to earlier termination as provided for in this Agreement, Retired Annuitant shall be employed as an at-will employee while the Employer recruits for a Finance Director for a term beginning October 2, 2023, and ending on or before September 27, 2024, subject to the 960-hour per fiscal year limitation placed on PERS retirees.
B. DUTIES AND AUTHORITY. Employer shall employ Retired Annuitant as Interim Finance Director as outlined in the attached recruitment brochure and Mendota City Council Resolution No. 23-69.
C. REASONABLE TIME AND EFFORT. During his employment, Retired Annuitant shall devote such time, interest, and effort to the performance of this Agreement as is necessary. However, absent a mandated schedule, Retired Annuitant shall be expected to devote approximately 16-24 hours weekly to the performance of these described duties. In no event shall Retired Annuitant work more than 960 hours per fiscal year during the term of this Agreement.
D. WAGES. During the term of this Agreement, Employer agrees to pay Retired Annuitant the hourly rate of $55.5280. Pay will be processed on a bi-weekly basis and made subject to all applicable withholdings and deductions.
E. ADDITIONAL BENEFITS. Except as provided for above, or as required by state and federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer's other employees, including, but not limited to, benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate.
F. TERMINATION OF AGREEMENT. Employer may terminate Retired Annuitant's employment at any time during the term of this Agreement.
G. TERMINATION OR RESIGNATION. Retired Annuitant may terminate this Agreement by giving Employer at least two weeks’ prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post-resignation compensation being paid to Retired Annuitant.
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H. CONFORMANCE WITH RETIREMENT LAW. This Agreement may be modified in writing by Retired Annuitant and City Manager or their designee provided that such changes are in conformance with current California Public Employee's Retirement law involving post-retirement employment under Government Code section 21221(h).
I. CITY COUNCIL APPROVAL. This Agreement shall be of no force and effect unless approved by the City Council of the City of Mendota.
SIGNATURES:
Cristian Gonzalez Date Rudy Marquez Date
City Manager Retired Annuitant