Agenda packet — Mendota City Council, May 28, 2024 (part 1 of 3)

CITYOF MENDOTA
ooCantalou,pe Center Of The World"

VICTOR MARTINEZ
Mayor
LIBERTAD "LIBERTY" LOPEZ
Mayor Pro Tempore

JOSE ALONSO
JOSEPH R. RIOFRIO

OSCAR ROSALES
AGENDA

MENDOTA CITY COUNCIL
Regular City Council Meeting
City Council Chambers
643 Quince Street
Mendota, California 93640
May 28,2024
6:00 PM

CRISTIAN GONZALEZ
City Manager

JOHN KINSEY
City Attorney
The Mendota Gity Council welcomes you to its meetings, which are scheduled for the 2d and 46 Tuesday of every month.

Your interest and participation are encouraged and appreciated. Notice is hereby given that the City 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, 8am-5pm.
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 48 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 8am y las 5pm de lunes a viemes. La notificaci6n de al menos 24 horas antes de la reuni6n permitir6 al personal adoptar las disposiciones necesarias para garantizar su participaci6n en la reuni6n.

CALL TO ORDER

ROLL CALL

FLAG SALUTE

INVOCATION

FINALIZE THE AGENDA

1. Adjustments to Agenda

2. Adoption of final Agenda

PRESENTATION
1 City Councilto recognize Arley Melendez, Aylany Macias, Cherrilyn Segovia Ruiz, and Maria Mendoza the recipients of the Westlands Water District 2024 Scholarships.

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 jurisdiclion of the C1y Council. Please complete a "request to speak' form and limit your comments to THREE (3) MINUTES. Please -give the completed form to the City Clerk prior to the start of the meeting. All speakers shall observe proper decorum. The Mendota Municipal Code prohibits the use of boisterous, slanderous, or profane language. All speakers must step to the podium and state their names and addresses for the record. Please watch the time.

City Council Agenda 1 May 28,2024
643 0uince Street Mendota, Galilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Far: (559) 655'4064 TDD/[TY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) www. cityolmendota.com
The Gity ol Mendota is an equal opportunity prouider and employer

APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING
1 2
Minutes of the regular City Council meeting of May 14,2024 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.

MAY 8, 2024 THROUGH MAY 17 , 2024
a. WARRANT LIST CHECK NOS. 54813 THROUGH 54886
b. TOTAL FOR COUNCIL APPROVAI = $558,096.05
Proposed adoption of Resolution No. 24-25, approving the Consultant Services Agreement and Proposal from Provost & Pritchard Consulting Group for Engineering Services for the Divisadero & lnez Street Reconstruction Project.

Proposed adoption of Resolution No. 24-26, adopting a list of projects for Fiscal Year 2024-2025 funded by Senate Bill 1: The Road Repair & Accountability Act of 2017.

Proposed adoption of Resolution No. 24-27, approving the purchase and installation of a fan for the Rojas-Pierce Park main pavilion in an amount not to exceed $13,000.00 and authorizing the City Manager to execute all documents necessary to effectuate the purchase.

PUBLIC HEARING
Council discussion and consideration of proposed waiver of the second reading and adoption of Ordinance No. 24-01, amending Chapter 12.20 of the Mendota Municipal Code related to the regulation of exclusive use of City facilities, and the adoption of Resolution No. 24-28, approving the Facility Use Policy for City facilities.
a. Receive report from City Clerk Cabrera-Garcia
b. lnquiries from City Councilto staff
c. Mayor Maftinez opens the public hearing
d. Once all comment has been received, Mayor Maftinez c/oses the public hearing
e. Council consrders waiving the second reading and the adoption of Ordinance No.24-01 f. Council considers the adoption of Resolution No. 24-28 1 2
3 4.
1 City Council Agenda 2 May 28,2024

BUSINESS
1 Council discussion and consideration of proposed waiver of the second reading and adoption of Ordinance No. 24-02, amending Title 17 of the Mendota Municipal Code to add and modify housing-related definitions, procedures, and regulated USES.
1 a. Receive report from City Planner O'Neal
b. lnquiries from City Councilto staff
c. Mayor Maftinez opens the floor to receive any comment from the public d. City Council considers waiving the second reading and the adoption of Ordinance No.24-02 and

DEPARTMENT REPORTS A D INFORMATIONAL ITEMS
Animal Control, Code Enforcement, and Police Department a) April Monthly Logs
City Attorney
City Manager
a) Measure C Funding

MAYOR AND COUNGIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)

2. Mayor

CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: American Federation of State, County and Municipal Employees

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. EmployeeOrganization: Unrepresented ManagementEmployees 2 3
1 2.
3 City Council Agenda 3 May 28,2024

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property: APN 013-222-02
Agency Negotiator: Cristian Gonzalez, City Manager
Negotiating Party: Jorge Rebollo and Saturnino Rebollo
Under Negotiation. Price and Terms of Payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Property:APNs 012-160-255, 012-190-56, 012-190-255T, 012-190-09T, and012- 190-265T
Agency Negotiator: Cristian Gonzalez, City Manager
Negotiating Party: Westlands Water District
Under Negotiation: Price and Terms of Payment

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 Regular Meeting of Tuesday, May 28, 5 2024, was posted on the outside bulletin
on Friday, May 24,2024, by 5:00 p.m.
board Quince Street,
Cabre Clerk
City Council Agenda 4 May 28,2024
Minutes of City Council Meeting 1 May 14, 2024

MINUTES OF MENDOTA

REGULAR CITY COUNCIL MEETING
Regular Meeting May 14, 2024
Meeting called to order by Mayor Martinez at 6:00 PM
Roll Call
Council Members Present: Mayor Victor Martinez, Mayor Pro Tem Libertad “Liberty” Lopez, and Council Members Jose Alonso,
and Joseph Riofrio
Council Members Absent: Council Member Oscar Rosales
Flag salute led by Mayor Martinez
Invocation led by Ophelia Lugo

FINALIZE THE AGENDA

1. Adjustments to Agenda.

2. Adoption of final Agenda.

Assistant City Attorney Castro reported that the City received information and a request to consider providing a resolution and letter of opposition for Initiative 21-0042A, The Taxpayer Protection and Accountability Act; that the request was received after the posting of the agenda; and stated that the item could be added as Business Item 3 if the City Council makes a determination, by a unanimous vote of those present, that there is need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted.

A motion was made by Council Member Riofrio to make a determination that there is need to take immediate action regarding the aforementioned resolution and letter of opposition, that the need for action came to the attention of the City subsequent to the agenda being posted, and that the proposed item be added to the agenda as Business Item 3, seconded by Council Member Alonso; unanimously approved (4 ayes, absent: Rosales).

Minutes of City Council Meeting 2 May 14, 2024
A motion was made by Council Member Riofrio to adopt the modified agenda, with the addition of Business Item 3, seconded by Council Member Alonso; unanimously approved (4 ayes, absent: Rosales).

PRESENTATIONS

1. Chief of Police Smith to introduce Police Officer Isaac Razo and Police Officer Sergio Climaco.

Chief of Police Smith introduced Police Officer Isaac Razo and shared his background.

Officer Razo thanked Chief Smith and the community for the opportunity to serve.

The City Council thanked and congratulated Officer Razo.

Chief Smith introduced Police Officer Sergio Climaco and shared his background.

Officer Climaco thanked Chief Smith and the community for the opportunity to serve.

The City Council thanked and congratulated Officer Climaco.

CITIZENS ORAL AND WRITTEN PRESENTATIONS
Joseph Amador presented a letter on behalf of Joe Rascon to the City Council regarding recognizing former Mendota Chief of Police Silverio Sanchez; and shared his support for the City Council considering dedicating the new Police Department building in honor of former Mendota Chief of Police Sanchez.

Discussion was held on the information shared by Mr. Amador, and the City Council thanked Mr. Amador for his comments.

Joe Silva shared his support for the City Council considering dedicating the new Police Department building in honor of former Mendota Chief of Police Silverio Sanchez.

Discussion was held on the information shared by Mr. Silva, and the City Council thanked Mr. Silva for his comments.

Kevin Romero provided an update on local youth sports and extracurricular activities.

Discussion was held on the information provided by Mr. Romero.

Minutes of City Council Meeting 3 May 14, 2024

APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING

1. Minutes of the regular City Council meeting of April 23, 2024

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 Council Member Alonso to approve items 1 and 2, seconded by Council Member Riofrio; unanimously approved (4 ayes, absent: Rosales).

CONSENT CALENDAR

1. APRIL 24, 2024 THROUGH MAY 6, 2024
a. WARRANT LIST CHECK NOS. 54735 THROUGH 54812
b. TOTAL FOR COUNCIL APPROVAL = $406,304.51

2. Proposed ratification of a letter of support for Westside Family Preservation Services’ proposed Sembrador Economic Development Project.

3. Proposed ratification of a letter of support for the Socio-Environmental Education Network’s proposed West Fresno County Socio-Environmental Justice Action Project.

4. Proposed adoption of Resolution No. 24-19, in the matter of Application No. 24-01, Tentative Parcel Map No. 24-01 (Assessor’s Parcel Number 013-105-18).

5. Proposed adoption of Resolution No. 24-20, in the matter of Application No. 24-02, Tentative Parcel Map No. 24-02 (Assessor’s Parcel Number 013-105-19).

6. Proposed adoption of Resolution No. 24-21, in the matter of Application No. 24-04, Tentative Parcel Map No. 24-03 (Assessor’s Parcel Number 013-115-10).

7. Proposed adoption of Resolution No. 24-22, calling and giving notice of the holding of a General Municipal Election to be held in the City of Mendota on Tuesday, November 5, 2024, for the election of certain officers; requesting the Board of Supervisors of the County of Fresno consolidate and canvass the General Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections Code Section 10400, et seq.; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Mendota relating to the conduct of said General Municipal Election pursuant to California Elections Code section 10002; and authorizing reimbursement funds to pay for said services.

A motion was made by Council Member Riofrio to approve items 1 through 7 of the Consent Calendar, seconded by Council Member Alonso; unanimously approved (4 ayes, absent:

Rosales).

Minutes of City Council Meeting 4 May 14, 2024

BUSINESS

1. Council discussion and consideration of Resolution No. 24-23, authorizing the addition of one regular full-time entry level police officer position for the Mendota Police Department.

Mayor Martinez introduced the item and Chief of Police Smith provided the report.

Discussion was held on the report provided by Chief Smith and the need to provide additional resources for unhoused individuals.

Mayor Martinez opened the public comment period.

Albert Escobedo commented in favor of the item.

Mayor Martinez closed the public comment period.

A motion was made by Mayor Pro Tem Lopez to adopt Resolution No. 24-23, seconded by Council Member Alonso; unanimously approved (4 ayes, absent: Rosales).

2. Council discussion and consideration of Ordinance No. 24-01, amending Chapter

12.20 of the Mendota Municipal Code related to the regulation of exclusive use of City facilities.

Mayor Martinez introduced the item and City Clerk Cabrera-Garcia provided the report.

Discussion was held on the report provided by City Clerk Cabrera-Garcia.

Mayor Martinez opened the public comment period.

Kevin Romero commented in favor of Ordinance No. 24-01 and of the draft facility use policy.

Discussion was held on the comments made by Mr. Romero.

Mayor Martinez closed the public comment period.

A motion was made by Council Member Alonso to introduce and waive the first reading of Ordinance No. 24-01 and schedule its public hearing for May 28, 2024, seconded by Mayor Pro Tem Lopez; unanimously approved (4 ayes, absent: Rosales).

3. Council discussion and consideration of Resolution No. 24-24, opposing Initiative 21-00421A, The Taxpayer Protection and Government Accountability Act and issuing a letter of opposition.

Mayor Martinez introduced the item and City Clerk Cabrera-Garcia provided the report.

Minutes of City Council Meeting 5 May 14, 2024
Discussion was held on the report provided by City Clerk Cabrera-Garcia.

A motion was made by Mayor Pro Tem Lopez to adopt Resolution No. 24-24 and authorize the issuance of a letter of opposition for Initiative 21-00421A, seconded by Council Member Alonso; unanimously approved (4 ayes, absent: Rosales).

PUBLIC HEARING

1. Council discussion and consideration of the introduction and waiver of the first reading of Ordinance No. 24-02, amending Title 17 of the Mendota Municipal Code to add and modify housing-related definitions, procedures, and regulated uses.

Mayor Martinez introduced the item and City Planner O’Neal provided the report.

Discussion was held on the report provided by City Planner O’Neal.

Mayor Martinez opened the public hearing at 6:59 p.m. and seeing no one willing to comment closed it within the same minute.

A motion was made by Mayor Pro Tem Lopez to introduce and waive the first reading of Ordinance No. 24-02, seconded by Council Member Alonso; unanimously approved (4 ayes, absent: Rosales).

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS

1. Animal Control, Code Enforcement, and Police Department a) March Monthly Logs
Chief of Police Smith provided the report for the Animal Control Department, including the current capacity of the animal control facility.

Discussion was held on the possibility of holding a spay and neuter clinic for dogs; the possibility of holding a vaccination clinic for dogs; and the City potentially receiving media attention regarding the over population of animals.

Chief Smith provided the report for the Code Enforcement Department, including the monthly log, an update on personnel, and on the City Council sponsoring Community Service Officer Alcazar’s attendance at the Police Academy beginning in June.

Discussion was held on the information provided by Chief Smith.

Chief Smith provided the report for the Police Department, including a recent house fire near the Latino Market; an unhoused individual being arrested for setting dumpsters on fire; the status of the new Police Department and City Council Chambers Project; the status of the implementation of the trial run of body worn cameras for the Mendota Police Minutes of City Council Meeting 6 May 14, 2024
Department (“MPD”), and on the 2023 End-of-Year report for the MPD.

Discussion was held on the information provided by Chief Smith.

2. City Engineer
a) Update
City Engineer Osborn reported on the status of the Stormwater Improvement Project; the California Department of Transportation installing Rectangular Rapid Flashing Beacons and additional delineators along Derrick Avenue; funding for the Mendota Pavement Improvement Project that was received from Congressman John Duarte, and funding for the Divisadero and Inez Street Reconstruction Project.

Discussion was held on the status of the Derrick and Oller Roundabout Project; the status of the Streetlight Data Collection and Mapping Project; the status of the Citywide Railroad Improvement Project; and issues with the railroad crossing arms not working at the railroad crossing located on State Highway 33 near Bass Avenue.

Kyle Savage with the Office of Congressman John Duarte reported on the upcoming Town Hall meeting that will be held on Monday, May 20th at the AMOR Wellness Center at 6 p.m.

Discussion was held on the upcoming Town Hall meeting and the possibility of the City lending the translation system for the meeting.

3. City Attorney
Assistant City Attorney Castro stated he had nothing to report.

4. City Manager
a) Employee Recognition Event
Assistant City Manager Lekumberry provided an update on the Employee Recognition Event and requested that the Council consider June 13th at 5:30 p.m. for the Employee Recognition Event; and provided an update on the possibility of purchasing a fan and mister for the Rojas-Pierce Park Main Pavilion.

Discussion was held on the information provided and on scheduling the Sacramento Advocacy Trip for June 26th.

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)
Council Member Alonso commented on the upcoming Sacrament Advocacy Trip and shared his experienced at the League of California Cities City Leaders Summit.

Minutes of City Council Meeting 7 May 14, 2024
Mayor Pro Tem Lopez commented on the Mendota High School Senior Banners; an upcoming car wash fundraiser for the Mendota High School’s Annual Sober Grad Night event (“Sober Grad Night”); the City assisting with fencing and providing light towers for the Sober Grad Night; a request from Mr. Covarrubias of Mendota High School that the Mendota Police Department (“MPD”) consider participating in a ceremony during the Battle of 33 football game; the bike lanes in the City; the status of the new Police Department and City Council Chambers Project; an incident where a resident reported gun shots being fired; and shared a quote in honor of Mental Health Awareness Month.

Discussion was held on calls for service that the MPD receives for gun shots being fired and the costs associated with purchasing a ShotSpotter.

Council Member Riofrio commented on gun shots being fired; the purpose of the Mendota Community Corporation, including its fundraising efforts; a donor that supports the community; and the upcoming Mendota Fireworks Show.

Discussion was held on the information shared by Council Member Riofrio.

2. Mayor
Mayor Martinez commented on the need to continue working together to prosper as a community.

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: American Federation of State, County and Municipal Employees

2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Mendota Police Officers Association

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Unrepresented Management Employees Minutes of City Council Meeting 8 May 14, 2024

5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9 (one potential case).

At 7:43 p.m. the City Council moved into closed session.

At 8:28 p.m. the City Council reconvened in open session and Assistant City Attorney Castro stated that in regard to items 1 through 5 there were no reportable action.

ADJOURNMENT
With no more business to be brought before the Council, a motion for adjournment was made at 8:28 p.m. by Mayor Pro Tem Lopez, seconded by Council Member Alonso; unanimously approved (4 ayes, absent: Rosales).
_______________________________
Victor Martinez, Mayor
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk

CITY OF MENDOTA

CASH DISBURSEMENTS
05/08/2024 - 05/17/2024
CK# 054813 - 054886
Check Date Check Number Check Amount Vendor Name Department Description May 8, 2024 54813 $ 159,277.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 4/22/2024-5/05/2024 May 14, 2024 54814 $ 1,273.30 A & J AUTOBODY WATER, SEWER 2022 FORD F-250 NEW FENDER AND MINOR DENT SIDE DOOR May 14, 2024 54815 $ 667.18 ACME ROTARY BROOM SERVICE STREETS (1)58" SCHWARZE AVALANCHE PRO STRIP BRUSH STREET SWEEPER AND SALES TAX INVOICE # 249 ON 3/26/2024
May 14, 2024 54816 $ 3,500.00 ADAMS ASHBY GROUP INC GENERAL HOME LONG TERM MONITORING CASA DE ROSA FEBRUARY 2024 May 14, 2024 54817 $ 227.13 ALERT-0-LITE GENERAL, WATER, SEWER (1) DIAMOND BLADE 14" Y100 AND (3) 2 GAL HD WATER COOLER May 14, 2024 54818 $ 5,856.76 AMERITAS GROUP GENERAL
VISION AND DENTAL INSURANCE FOR JUNE 2024
May 14, 2024 54819 $ 379.89 AUTOZONE, INC. WATER, SEWER, STREETS (1) 3PC 3/8 SPARK PLUGS DURALAST SOCKET SET 3/8 DR.SPARK, (1)BUSHING REDUCER REESE 2.5" - 2" REDUCER SLEEVE
May 14, 2024 54820 $ 213.36 AVIDWATER, LLC WATER
(7)TEE,REDUCER,(1)GLUE717MED,(1)GLUE,PURPLE PRIME
May 14, 2024 54821 $ 2,210.63 BADGER METER WATER
(1) BADGER METER MONTHLY SERVICES-2279 APRIL 2024
May 14, 2024 54822 $ 1,668.00 BSK ASSOCIATES WATER, SEWER GENERAL EDT WEEKLY TREATMENT&DISTRIBUTION 4/16/2024 AND 4/30/2024, WW WEEKLY WEEKLY GRAB SAMPLE 4/23/24 AND 4/30/2024 May 14, 2024 54823 $ 1,117.83 CALIFORNIA BUSINESS MACHINES GENERAL, WATER, SEWER COPIER CONTRACT SERVICE BASE RATE MAY 2024 AND USE APRIL 2024 AND (1) STAPLES FOR CITY HALL KYROCERA COPIER
May 14, 2024 54824 $ 120.25 CALTRONICS BUSINESS SYSTEMS GENERAL, WATER, SEWER

LOW AND HIGH DENSITY AND MONO COLOR LINE FOR LARGE FORMAT

PRINTER
May 14, 2024 54825 $ 254.17 CINTAS CORPORATION NO. 2 GENERAL, WATER, SEWER

FIRST AID KIT SERV PD, CITYHALL,PW &PU
May 14, 2024 54826 $ 85.00 COLONIAL LIFE GENERAL
LIFE INSURANCE PREMIUM FOR APRIL 2024
May 14, 2024 54827 $ 2,076.00 COMCAST GENERAL, WATER, SEWER CITYWIDE XFINITY SERVICES 5/6/2024-6/5/2024
May 14, 2024 54828 $ 3,760.00 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER

ACCOUNTS RECEIVABLE FULL MODULE
May 14, 2024 54829 $ 430.00 DATA TICKET, INC. GENERAL
DAILY CITATION PROCESSING DAILY NOTICES FEBRUARY 2024 AND APRIL 2024
May 14, 2024 54830 $ 608.00 DEPARTMENT OF JUSTICE GENERAL (6) FINGERPRINT (4) CHILD ABUSE (4) PEACE OFFICER AND (8) BLOOD

ALCOHOL ANALYSIS PD
May 14, 2024 54831 $ 308.54 EMPLOYEE RELATIONS, INC WATER, SEWER BACKGROUND INVESTIGATIONS FOR 3 EMPLOYEES
May 14, 2024 54832 $ 32,152.64 FRESNO COUNTY SHERIFF GENERAL,WATER SOS21429 UNDEPAID AMOUNT FOR INVOICE, DISPATCH SERVICES MAY AND JUNE 2024, RMS JMS ACCESS FEE MARCH AND APRIL 2024
May 14, 2024 54833 $ 215.00 GONZALEZ, CRISTIAN GENERAL,WATER, SEWER PER DIEM FOR ICSC LAS VEGA TRIP 5/19/2024-5/21/2024
May 14, 2024 54834 $ 325.00 INSYARATH, KHAMPHOU GENERAL POLICE DEPARTMENT STASTICIS FOR MAY 2024
May 14, 2024 54835 $ 621.70 KINGDOM BUILDERS GENERAL

PD GATE MOTOR-CHAIN OIL, ADJ OILED CHAINS, MOTOR SET, CHECK

SETTING, AND MOTOR LIMITS
May 14, 2024 54836 $ 4,936.20 LEE'S CONCRETE MATERIALS, INC. SEWER (9.5 CUBIC YARD) 6.0 SACK CEMENT -SEWER BUILDING
May 14, 2024 54837 $ 215.00 JENNIFER LEKUMBERRY GENERAL, WATER, SEWER PER DIEM FOR ICSC LAS VEGAS TRIP MAY 19-21,2024
May 14, 2024 54838 $ 95.00 M.C REPAIRS FULL DIAGNOSTIC GENERAL 2020 FORD-SCANNER CHECK FOR CODES,BRAKES ABS LIGHTS
May 14, 2024 54839 $ 126,361.55 MARKO CONSTRUCTION GROUP INC GENERAL MARCH AND APRIL 2024 MENDOTA POLICE & COUNCIL CHAMBERS

CONSTRUCTION
May 14, 2024 54840 $ 1,622.63 MENDOTA 1 SMOG

GENERAL,WATER, SEWER,

STREETS
2020 FORD-POLICE INTERCEPTOR CHECK FOR LOW AIR FLOW AND REMOVE AND REPLACE TRANSMISSION, 2019 DODGE UNIT 85 OIL May 14, 2024 54841 $ 185.68 METRO UNIFORM GENERAL
(1) SH MNS, (2) SHOULDER PATCH, (1) EMBROID-G.ALCAZAR
May 14, 2024 54842 $ 102,821.76 MID VALLEY DISPOSAL, INC REFUSE,STREETS,GENERAL

SANITATION CONTRACT SERVICES APRIL BILL MARCH USE, SERVICES 2/16-29/2024-10Y, 40Y, & 50Y TON & EXCHANGE
May 14, 2024 54843 $ 1,042.21 MUNICIPAL MAINTENANCE EQUIPMENT STREETS (1) FUEL FILTER, (1)AIR FILTER, (1)OIL FILTER, (2) AUX
May 14, 2024 54844 $ 2,000.00 NEXTPERTS LLC GENERAL, WATER, SEWER MONLTHY MANAGED SERVICES CONTRACT FOR APRIL 2024, AND MAY 2024 - IT MANAGED SERVICES

CITY OF MENDOTA

CASH DISBURSEMENTS
05/08/2024 - 05/17/2024
CK# 054813 - 054886
May 14, 2024 54845 $ 5,829.34 NORTHSTAR CHEMICAL WATER
(275) SODIUM BISULFITE-25% MEETS NSF/ANSI AND (750) SODIUM HYPOCHLORITE-12.5%MILL A
May 14, 2024 54846 $ 666.96 OFFICE DEPOT GENERAL,WATER,SEWER (1) FILE WALL, (1) CREAMER, (1) CLIP BINDER, (1) INDEX, (1) SANITIZER, (1) TISSUE, (1) ENERGIZER BATTERIES, (2)THINKVISION
May 14, 2024 54847 $ 32,484.21 PG&E GENERAL,WATER,SEWER CITYWIDE UTILITIES 3/8/24-4/8/24
May 14, 2024 54848 $ 45.00 POINT EMBLEMS LLC GENERAL
(1)BADGE ENGRAVED FEE (#1) 3.44X3.25 BADGE
May 14, 2024 54849 $ 897.00 PURL'S SHEETMETAL & AIR GENERAL ICE MACHINE-(1) DIAGNOSTIC MACHINES COIL, LABOR, AND (1) DIAGNOSTIC COMMERCIAL, (2) COMMERCIAL, (1) THERMOST
May 14, 2024 54850 $ 550.00 QUINTANILLA, DAIANA GENERAL

DEPOSIT REIMBURSMENT FOR USE OF WILLIAM ROBERT JOHNSTON MUNICIPAL AIRPORT USED 4/24/2024 - 4/30/2024
May 14, 2024 54851 $ 3,285.47 R.G. EQUIPMENT COMPANY GENERAL, STREETS (1) 30" TURFMASTER MOWER, (1)PREPARATION & ASSEMBLY,
(1)COMMERCIAL STICK EDGER (2) G4 DOT REACHER MODEL
May 14, 2024 54852 $ 989.51 RAMON'S TIRE & AUTO

GENERAL, WATER, SEWER,

STREETS
FORD F-350 (1)TIRE REPAIR (INSIDE PATCH)LR, 2023CHEVROLET TIRE REPAIR (INSIDE PATCH) RIGHT, 2020FORD TIRE REPAIR
May 14, 2024 54853 $ 1,286.06 ERNEST PACKING SOLUTIONS GENERAL, WATER, SEWER (5) CAN LINER, (6) SOLARIS MULTIFOLD, (5) LIVI VPG BATH May 14, 2024 54854 $ 143.00 SAN JOAQUIN VALLEY AIR WATER, SEWER FY 24/25 TRANSPORT145BP CUMMINS DIESEL-FIRED GENERAL
May 14, 2024 54855 $ 125.00 CITY OF SANTA ANA ATTN: TRAINING GENERAL CONTROLLING FORCE COURSE - MAY 24,2024 SYLVIA VASQUEZ
May 14, 2024 54856 $ 30.40 SEBASTIAN GENERAL
SECURITY SERVICES FOR 4/21/2024-5/20/2024
May 14, 2024 54857 $ 7,389.35 SITEONE LANDSCAPE SUPPLY LLC GENERAL (3)CENTURY PLUS GLASS-FILLED NYLON GLOBE, (10) CASINO ROYALE BERMUDA GRASS SEED HULLED/COATED, (12) RAINBIRD
May 14, 2024 54858 $ 488.24 KEVIN SMITH GENERAL

EXPENSE REIMBURSEMENT FOR DOG KENNEL ANIMAL CONTROL
May 14, 2024 54859 $ 7,439.73 SORENSEN MACHINE WORKS

GENERAL, WATER, SEWER,

STREETS
CITYWIDE DEPARTMENT SUPPLIES FOR FEBRUARY AND MARCH 2024 May 14, 2024 54860 $ 399.96 UNION PACIFIC RAILROAD COMPANY STREETS 10TH & MARIE ST OF BELMONT AVE JUNE 2024
May 14, 2024 54861 $ 172.28 SUNNYSIDE TROPHY GENERAL
CONGRESSMAN JOHN DUARTE 9X12, AND (1)ADELANTE MENDOTA BEST OF SHOW PLATE 15 PIECE
May 14, 2024 54862 $ 535.00 MARK ANTHONY DUARTE GENERAL, WATER, SEWER

PEST CONTROL SERV FOR ROJAS PARK, CH/DMV/YOUTH CENTER, WTP,

PUBLIC WORKS, PD, AMBULANCE ROOM
May 14, 2024 54863 $ 385.39 THOMASON TRACTOR COMPANY GENERAL, WATER, SEWER (6) BLADE (PARKS), (1)FITTING, (6) HOSE, (1)CRIMP FITT
May 14, 2024 54864 $ 441.80 TRIANGLE ROCK PRODUCTS,LLC STREETS, WATER, SEWER (14.16 )CMIX 60/40 ENVIROMENTAL FEE-AGG & ASPHALT
May 14, 2024 54865 $ 307.40 UNIFIRST CORPORATION GENERAL, WATER, SEWER BOWL CLIP,(2)WET MOP, (4) MOPS-UNFRAMED, (80) TERRY
May 14, 2024 54866 $ 612.36 VALLEY FARM SUPPLY STORES INC. GENERAL (4) STIHL AUTOCUT 27-2 NO BLISTER, AND (1) STIHL TRIMMER LOOP, (2) STIHL AUTOCUT 27-2 BLISTER
May 14, 2024 54867 $ 215.00 VALDEZ, NORA GENERAL

PER DIEM FOR ICSC LAS VEGAS TRIP
May 14, 2024 54868 $ 251.80 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICES FOR 4/25/2024
May 14, 2024 54869 $ 884.00 VETERINARY MEDICAL CENTER GENERAL (17) CITY EUTHANASIA FOR DOGS
May 14, 2024 54870 $ 9,855.98 WANGER JONES PC ATTORNEY GENERAL, WATER, SEWER LEGAL SERV RE: GENERAL LEGAL SERVICE 4/15/2024, AIRPORT BASIN EVICTION, BENJAMIIN BUNT APRIL 2024, AND 784 LOLITA ST
May 14, 2024 54871 $ 62.64 WECO GENERAL, WATER, SEWER
RENT CYL ACETYLENE# 4,OXYGEN D,OXYGEN K APRIL 2024
May 17, 2024 54872 $ 900.00 MADERA DISPOSAL SYSTEMS INC GENERAL ANIMAL CONTROL 30 TONS TICKET 458422
May 17, 2024 54873 $ 6,000.00 BYRON R. BAKER GENERAL
(PD) LEASE PAYMENT MAY AND JUNE 2024
May 17, 2024 54874 $ 206.00 BSK ASSOCIATES SEWER
WW WEEKLY GRAB SAMPLE BOD,TDS 5/07/2024
May 17, 2024 54875 $ 2,800.00 CALIBER COLLISION

GENERAL, WATER, SEWER,

STREETS
DEPOSIT & P.O#16310 2021 RAM1500 COLLISION REPAIR
May 17, 2024 54876 $ 351.44 CORELOGIC INFORMATION GENERAL, WATER, SEWER REAL QUEST SERVICE APRIL 2024 & PROPERTY DETAIL REPORT
May 17, 2024 54877 $ 378.00 DELTA SAND, GRAVEL & RECYCLING SEWER (15.12) CLASS II AG BASE ROCK CHARGED PER TONS

CITY OF MENDOTA

CASH DISBURSEMENTS
05/08/2024 - 05/17/2024
CK# 054813 - 054886
May 17, 2024 54878 $ 221.63 EINERSON'S PREPRESS GENERAL, WATER, SEWER LETTERHEAD W/4% WATERMARK/250 SHEETS/70WHITE STOCK
May 17, 2024 54879 $ 334.99 HAVEN'S FOR TOTAL SECURITY SEWER (1)GRADE1LEVER, (1) DEADBOLT DOUBLESIDE, (5) KEY&6PIN
May 17, 2024 54880 $ 2,827.50 iCAD INC. SEWER
(4.50) WIRE MCC BUCKET, (5.00) TROUBLESHOOT, (5) WIRE
May 17, 2024 54881 $ 777.42 SIMPLOT GROWER SOLUTIONS WATER, SEWER (30) GAL+ROUNDUP POWDERMAX 3 (2.5G)
May 17, 2024 54882 $ 3,000.00 PG&E STREETS
PROJECT:EP 200 DERRICK AVE MENDOTA
May 17, 2024 54883 $ 197.44 POINT EMBLEMS LLC GENERAL
(2) SILVER PATCH, (2) YELLOW PATCH, (2) PINK PATCH
May 17, 2024 54884 $ 6,460.00 TOP DOG TRAINING CENTER GENERAL K-9MONTHLY MAINTENACE TRAINING 4/15/2024 VACA & YANOSH AND BASIC PARTOL K-9 &NARCOTIC DETECTION COURSE-J.LOPEZ
May 17, 2024 54885 $ 1,000.00 UNITED HEALTH CENTERS GENERAL, WATER, SEWER (5) PRE-EMPLOYMENT PHYSICAL EXAM 5/01/2024
May 17, 2024 54886 $ 241.34 VESTIS GROUP, INC. GERERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICE FOR 5/09/2024
$ 558,096.05
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: SURVEYING & ENGINEERING SERVICES FOR THE DIVISADERO & INEZ STREET

RECONSTRUCTION PROJECT
DATE: MAY 28, 2024
ISSUE
Shall the City Council adopt Resolution 24-25, approving the Consultant Services Agreement and Proposal from Provost & Pritchard Consulting Group for Engineering Services for the Divisadero & Inez Street Reconstruction Project?

BACKGROUND
The City was awarded $985,157.00 in Surface Transportation Block Grant (“STBG”) funding for the reconstruction of Divisadero from Lolita to Inez Streets and staff would like to add Inez Street from Divisadero to 7th Street to the project. These sections of City streets are in failed condition.

ANALYSIS
Divisadero Street from Lolita to Juanita Street is functionally classified as a “Collector” and therefore is eligible for the federal STBG funding. Divisadero Street from Juanita to Inez and Inez from Divisadero to 7th Street is classified as a “local” and is not eligible for the STBG funding; however, the City recognizes the benefits of leveraging local funds into this project to improve these street sections. Some reconstruction of curb, gutter and sidewalk is anticipated to allow for new pavement and to create accessible curb ramps at the corners.

FISCAL IMPACT
The total cost of the project is estimated to be $1.75 million. The City was awarded $985,157.00 in STBG funding for the construction contract (“CON”) costs of the project on the federally eligible section of Divisadero from Lolita to Juanita. The total cost for engineering services is $110.000.00. The City will utilize other local transportation funding sources (primarily Gas Taxes) to pay for the cost of surveying, engineering, environmental clearances (“PE/ROW”); and construction engineering and testing (“CE”).

This project will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution 24-25, approving the Consultant Services Agreement and Proposal from Provost & Pritchard Consulting Group for Engineering Services for the Divisadero & Inez Street Reconstruction Project. 2 Attachments:

1. Resolution No. 24-25

2. Exhibit “A” – Consultant Services Agreement

3. Exhibit “B” - Proposal
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE CONSULTANT SERVICES AGREEMENT AND PROPOSAL FROM PROVOST &

PRITCHARD CONSULTING GROUP FOR ENGINEERING SERVICES FOR THE

DIVISADERO & INEZ STREET RECONSTRUCTION PROJECT
WHEREAS, the City of Mendota (“City”) has been awarded $985,157.00 in Surface Transportation Block Grant (“STBG”) funds toward the reconstruction of Divisadero Street from Lolita Street to Inez Street and Inez Street from Divisadero to 7th Street (the “Project”); and
WHEREAS, construction of the Project is programmed on the Federal Transportation Improvement Program (“FTIP”) for Federal Fiscal Year 25/26, but could be advanced if funding allows; and
WHEREAS, with Resolution No. 23-68, the City has agreed to meet project deadlines under Assembly Bill 1012; and
WHEREAS, the City intends to retain the City Engineer, Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group (the “Contractor”) to provide engineering services necessary to prepare construction ready bid documents and submit Request for Authorization documents to Caltrans for the Federal STBG funding for construction; and
WHEREAS, the Contractor has submitted a Consultant Services Agreement and Proposal that is acceptable to City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Consultant Services Agreement and Proposal submitted by Provost & Pritchard Consulting Group are hereby approved in substantially the forms attached hereto as Exhibit “A” and “B,” respectively, and that the City Manager, or his designee, is hereby authorized to execute all documents required to effect each agreement. ______________________________
Victor Martinez, 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 28th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
455 W Fir Ave • Clovis, CA 93611-0242 • Tel: (559) 449-2700 • Fax: (559) 449-2715 www.provostandpritchard.com
Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]

CONSULTANT SERVICES AGREEMENT
CSA NO:

City of Mendota
Client/Agency Proposal No.

Cristian Gonzalez (559) 655-3291 x105
Attention Telephone
City of Mendota (559) 655-4064
Bill to Fax
643 Quince Street [email protected]
Billing Address Email
Mendota, CA 93640
City, Zip Code
Divisadero & Inez Street Reconstruction Mendota, CA
Project Title Location

DESCRIPTION OF SERVICES
Please refer to the attached proposal dated May 20, 2024, “Engineering Services for Divisadero & Inez Street Reconstruction, Mendota, California.”
The provisions set forth below and on the following paragraphs 1 through 42 are incorporated into and made a part of this Agreement. In signing, the Client acknowledges that they have read and approved all such terms and hires Provost & Pritchard Engineering Group, Inc., dba Provost & Pritchard Consulting Group, (Consultant) to perform the above described services.

TERMS AND CONDITIONS
Client and Consultant agree that the following terms and conditions shall be part of this agreement:

1. In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no warranty, express or implied, as to its professional services rendered under this Agreement.

2. Client acknowledges that Consultant is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors.

3. Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services, in accordance with Consultant's billing rates utilized for this contract.

DOCUMENTS

4. Client acknowledges that all reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by Consultant (collectively Work Product) are instruments of service which shall remain the property of Consultant and may be used by Consultant without the consent of Client.

Consultant shall retain all common law, statutory law and other rights, including copyrights. Consultant grants Client a perpetual, royalty-free fully paid-up, nonexclusive and irrevocable license to copy, reproduce perform, dispose of, use and re-use the Work Product in connection with the Project, in whole or in part, and to authorize others to do so for the benefit of Client. Client acknowledges that its right to utilize Work Product pursuant to Project Manager: MLO
Prepared by: MRS
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this agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this agreement, and Client has performed all its obligations under this agreement.

5. Client agrees not to reuse Work Product, in whole or in part, for any project other than the project that is the subject of this agreement. Client further agrees to waive all claims against Consultant resulting in any way from any unauthorized changes or unauthorized reuse of the Work Product for any other project by anyone on Client’s behalf. Client agrees not to use or permit any other person to use versions of Work Product which are not final and which are not signed and stamped or sealed by Consultant. Client shall be responsible for any such use of non-final Work Product. Client hereby waives any claim for liability against Consultant for use of non-final Work Product. If a reviewing agency requires that check prints be submitted with a stamp or seal, those shall not be considered final for purposes of this paragraph.

6. In the event Client (1) makes, agrees to, authorizes, or permits changes in Work Product, or (2) makes, agrees to, authorizes, or permits construction of such unauthorized changes, which changes are not consented to in writing by Consultant, or (3) does not follow recommendations prepared by Consultant pursuant to this agreement, resulting in unauthorized changes to the project, Client acknowledges that the unauthorized changes and their effects are not the responsibility of Consultant. Client agrees to release Consultant from all liability arising from such unauthorized changes, and further agrees to defend, indemnify and hold harmless Consultant, its officers, directors, employees and subconsultants from and against all claims, demands, damages or costs, including attorneys' fees, arising from such changes.

7. Under no circumstances shall delivery of Work Product for use by the Client be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall the Consultant be liable for indirect or consequential damages as a result of the Client’s unauthorized use or reuse of the Work Product.

8. The Client is aware that differences may exist between electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed sealed hard-copy documents shall govern.

LIMITATIONS

9. Consultant makes no representations concerning soils or geological conditions unless specifically included in writing in this agreement, or by amendments to this agreement. If Consultant recommends that Client retain the services of a Geotechnical Engineer and Client chooses to not do so, Consultant shall not be responsible for any liability that may arise out of the making of or failure to make soils or geological surveys, subsurface soils or geological tests, or general soils or geological testing.

10. Client acknowledges that, unless specifically stated to the contrary in the proposal’s description of services to be provided, Consultant's scope of services for this project does not include any services related in any way to asbestos and/or hazardous or toxic materials. Should Consultant or any other party encounter such materials on the job site, or should it in any other way become known that such materials are present or may be present on the job site or any adjacent or nearby areas which may affect Consultant's services, Consultant may, at its option, suspend or terminate work on the project until such time as Client retains a qualified contractor to abate and/or remove the asbestos and/or hazardous or toxic materials and warrant that the job site is free from any hazard which may result from the existence of such materials.

INDEMNIFICATION

11. To the fullest extent allowed by law, Consultant will indemnify and hold harmless, but shall have no duty to defend Client, its officers. directors, employees and agents (collectively, the "Client indemnitees") from, for and against any and all claims, demands, damages, losses. expenses. liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Consultant, its subconsultants, or any person or entity for whose acts or omissions any of them are responsible, or by the failure of any such party to perform as required by this Agreement. To the fullest extent allowed by law, Client will indemnify and hold harmless, but shall have no duty to defend Consultant and its officers, directors, employees and agents from, for and against any and all claims, demands, damages, losses, expenses, liabilities and penalties arising out of or relating to the Project, but only to the extent caused by the negligent or other wrongful acts or omissions of Client or any person or entity for whose acts or omissions it is responsible, or by the failure of any such party to perform as required by this Agreement. The obligations and rights of this Section are in addition to other obligations and rights of indemnity provided under this Agreement or applicable law.

City of Mendota May 20, 20244
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FINANCIAL

12. All fees and other charges due Consultant will be billed monthly and shall be due at the time of billing unless specified otherwise in this agreement. If Client fails to pay Consultant within sixty (60) days after invoices are rendered, Consultant shall have the right in its sole discretion to consider such default in payment a material breach of this entire agreement, and, upon written notice, Consultant's duties, obligations and responsibilities under this agreement may be suspended or terminated for cause pursuant to Sections 26 through 31. In such event, Client shall promptly pay Consultant for all outstanding fees and charges due Consultant at the time of suspension or termination including all costs and expenses incurred in the performance of services up to suspension or termination.

13. Consultant shall not be liable to Client for any costs or damages that may result from the termination or suspension of services under this agreement due to Client’s failure to pay Consultant invoices in accordance with the terms of this paragraph. In the event that Consultant agrees to resume terminated or suspended services after receiving full payment of all late invoices, Client agrees that time schedules and fees, as applicable, related to the services will be equitably adjusted to reflect any delays or additional costs caused by the termination or suspension of services.

14. In all cases where the proposal calls for payment of a retainer, that payment shall be made by Client to Consultant prior to commencement of services under this agreement. Upon receipt of retainer payment, the Consultant shall commence services as provided for under this Agreement. Unless otherwise provided for in the project proposal, such retainer shall be held by Consultant throughout the duration of the contract, and shall be applied to the final project invoice, and to any other outstanding AR, including late payment charges, on the project. Any amount of said retainer in excess of the final invoice and other outstanding AR shall be returned to the Client within 30 days of issuance of the final project invoice.

15. Client agrees that all billings from Consultant to Client will be considered correct and binding on Client unless Client, within ten (10) days from the date of receipt of such billing, notifies Consultant in writing of alleged inaccuracies, discrepancies, or errors in billing. In the event of a dispute over any billing or portion of billing, Client agrees to pay the undisputed portion of any billings in accordance with the payment terms set forth in Section 18.

16. Client agrees to pay a monthly late payment charge, which will be the lesser of one and one half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client acknowledges that payments applied first to unpaid late payment charges and then to unpaid balances of invoices.

17. In the event Consultant's fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees or any taxes or fees imposed by local, state, or federal government on consultants’ fees during the lifetime of this agreement, the new fee schedule shall apply to all subsequent work on time-and-materials contracts.

18. If payment for Consultant's services is to be made on behalf of Client by a third party lender, Client agrees that Consultant shall not be required to indemnify the third party lender, in the form of an endorsement or otherwise, as a condition to receiving payment for services. Client agrees to reimburse Consultant for all collection agency fees, legal fees, court costs, reasonable consultant staff costs and other expenses paid or incurred by Consultant in the event that collection efforts become necessary to enforce payment of any unpaid billings due to Consultant in connection with the services provided in this agreement.

LIMITATION OF LIABILITY

19. Notwithstanding any other provisions of this Agreement to the contrary, the aggregate liability of the Consultant under this Agreement, whether for breach of contract, tort, strict liability or any other legal theory, will not exceed the total amount of Consultant's compensation for performing services under this Agreement or $50,000, whichever is greater, however this limitation of Consultant's liability does not apply to third-party claims, or to the Client's reasonable attorneys' fees and expert witnesses' fees and litigation expenses arising out of or related to such third-party claims for which Consultant is liable.

DISPUTE RESOLUTION

20. In an effort to resolve any conflicts or disputes that arise regarding performance under this agreement by either party, Client and Consultant agree that all such disputes shall be submitted to nonbinding mediation, using a City of Mendota May 20, 20244
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mutually agreed upon mediation services experienced in the resolution of construction disputes. Unless the parties mutually agree otherwise, such mediation shall be a pre-condition to the initiation of any litigation. The parties further agree to include a similar mediation provision in their agreements with other independent contractors and consultants retained for the project and require them to similarly agree to these dispute resolution procedures. This provision shall not be interpreted to restrict the right of either party to file an action in a court of law, in the County of Fresno, State of California, having appropriate jurisdiction or to preclude or limit the Consultant’s right to record, perfect or to enforce any applicable lien or Stop Notice rights.

CONSTRUCTION PROJECTS

21. If the scope of services contained in this agreement does not include construction phase services for this project, Client agrees that such construction phase services will be provided by Client or by others. Client assumes all responsibility for interpretation of the contract documents and for construction observation and supervision and waives any claim against Consultant that may in any way be connected thereto. In addition, Client agrees to indemnify and hold Consultant harmless from any loss, claim, or cost, including reasonable attorneys' fees and costs of defense, arising or resulting from the performance of such services by other persons or entities and from any and all claims arising from the modification, clarification, interpretation, adjustments or changes made to the contract documents to reflect changed field or other conditions, except for claims arising from the negligence or other wrongful acts of Consultant, its employees, its subconsultants, or any other person or entity for which Consultant is responsible.

22. Client agrees to include provisions in its contract with the construction contractor to the effect that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property, and that this requirement shall apply continuously and not be limited to normal working hours. Neither the professional activities of Consultant nor the presence of Consultant or its employees or subconsultants at a construction site shall relieve the contractor and its subcontractors of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and applicable health or safety requirements of any regulatory agency or of state law.

23. Client agrees to require its contractor and subcontractors to review the plans, specifications and documents prepared by Consultant prior to the commencement of construction phase work. If the contractor and/or subcontractors believe there are deficiencies, conflicts, errors, omissions, code violations, or other deficiencies in the plans, specifications and documents prepared by Consultant, contractors shall notify Client so those deficiencies may be corrected or otherwise addressed by Consultant prior to the commencement of construction phase work.

24. If, during the construction phase of the project, Client discovers or becomes aware of changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant, Client agrees to notify Consultant and, at Client’s option, retain Consultant to prepare the necessary changes or modifications before construction activities proceed. Further, Client agrees to require a provision in its construction contracts for the project which requires the contractor to promptly notify Client of any changed field or other conditions so that Client may in turn notify Consultant pursuant to the provisions of this paragraph.

25. If, due to the Consultant's error, omission or negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. The Consultant will not be responsible for any cost or expense that enhances the value of the Project.

SUSPENSION AND TERMINATION

26. If the Project or the Consultant’s services are suspended by the Client for more than thirty (30) consecutive calendar days, the Consultant shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services, the Client shall compensate the Consultant for expenses incurred as a result of the suspension and resumption of its services, and the Consultant’s schedule and fees for the remainder of the Project shall be equitably adjusted.

City of Mendota May 20, 20244
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27. If the Consultant’s services are suspended for more than ninety (90) days, consecutive or in the aggregate, the Consultant may terminate this Agreement upon giving not less than five (5) calendar days’ written notice to the Client.

28. If the Client is in breach of the payment terms or otherwise is in material breach of this Agreement, the Consultant may suspend performance of services upon five (5) calendar days’ notice to the Client. The Consultant shall have no liability to the Client, and the Client agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the Client. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach that caused the Consultant to suspend services, the Consultant shall resume services, and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.

29. Client acknowledges Consultant has the right to complete all services included in this agreement. In the event this agreement is terminated before the completion of all services, unless Consultant is responsible for such early termination, Client agrees to release Consultant from all liability for services not performed or completed by Consultant and from liability for any third-party reliance, use, interpretation or extrapolation of Consultant’s work product. In the event all or any portion of the services by Consultant are suspended, abandoned, or otherwise terminated, Client shall pay Consultant all fees and charges for services provided prior to termination, not to exceed the contract limits specified herein, if any. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services which shall be paid for by Client as extra services pursuant to Section 26. Client acknowledges if project services are terminated for the convenience of Client, Consultant is entitled to reasonable termination costs and expenses, to be paid by Client as extra services pursuant to Section 31.

30. The Client may terminate this Agreement for the Client's convenience and without cause upon giving the Consultant not less than seven (7) calendar days' written notice.

31. In the event of termination of this Agreement by either party, Consultant shall invoice Client for all outstanding services and expenses reasonably incurred by the Consultant in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. The Client shall within thirty (30) calendar days of termination pay the Consultant for all services rendered and all reimbursable costs incurred by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.

OTHER

32. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of Client and Consultant.

33. This agreement shall not be assigned by either Client or Consultant without the prior written consent of the other.

34. Consultant's or Client's waiver of any term, condition or covenant shall not constitute the waiver of any other term, condition or covenant. Consultant's or Client's waiver of any breach of this agreement shall not constitute the waiver of any other breach of the Agreement.

35. Client and Consultant agree that if any term or provision of this Agreement is determined to be illegal, in conflict with any law. void or otherwise unenforceable, and if the essential terms and provisions of this Agreement remain unaffected, then the validity of the remaining terms and provisions will not be affected and the offending provision will be given the fullest meaning and effect allowed by law.

36. This agreement shall be governed by and construed in accordance with the laws of the State of California.

37. Within the limits of the approved scope and fee, Consultant may engage the services of any subconsultants when, in the Consultant's sole opinion, it is appropriate to do so. Such subconsultants may include testing laboratories, geotechnical engineers and other specialized consulting services deemed necessary by the Consultant to carry out the scope of the Consultant's services.

38. Consultant shall be entitled to immediately, and without notice, suspend the performance of any and all of its obligations pursuant to this agreement if Client files a voluntary petition seeking relief under the United States Bankruptcy Code or if there is an involuntary bankruptcy petition filed against Client in the United States Bankruptcy Court, and that petition is not dismissed within fifteen (15) days of its filing. Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and properly assumed in accordance with the applicable provisions of the United States Bankruptcy Code and in compliance with final order or judgment issued by the Bankruptcy Court.

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39. This agreement shall not be construed to alter, affect or waive any design professional's lien, mechanic's lien or stop notice right, which Consultant may have for the performance of services pursuant to this agreement. Client agrees to provide to Consultant the current name and address of the record owner of the property upon which the project is to be located. Client also agrees to provide Consultant with the name and address of any and all lenders who may loan money on the project and who are entitled to receive a preliminary notice.

40. Consultant shall not be liable for damages resulting from the actions or inactions of governmental agencies including, but not limited to, permit processing, environmental impact reports, dedications, general plans and amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, project or plan approvals, and building permits. Client agrees that it is the responsibility of Client to maintain in good standing all governmental approvals or permits and to timely apply for any necessary extensions thereof.

41. Consultant and Client each agree to waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with paragraphs 26 through 31, except for termination expenses provided for in said paragraph 31. Client further agrees that to the fullest extent permitted by law, Consultant shall not be liable to Client for any special, indirect or consequential damages whatsoever, whether caused by Consultant's negligence, errors, omissions, strict liability, breach of contract, breach of warranty or other cause or causes whatsoever, including but not limited to, loss of use of equipment or facility, and loss of profits or revenue.

42. This Agreement is the entire Agreement between the Client and the Consultant. It supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by both the Client and the Consultant.

City of Mendota
Provost & Pritchard Engineering Group, Inc.,
dba Provost & Pritchard Consulting Group
Client/Agency
By By
Cristian Gonzalez Jeff Dorn, RCE 76749
Name Name
City Manager Director of Operations
Title Title

EXHIBIT B
455 W Fir Ave • Clovis, CA 93611-0242 • Tel: (559) 449-2700 www.provostandpritchard.com
\\ppeng.com\pzdata\clients\Mendota_City of-3336\3336OG01_On-Going\100\105 Grants & Loans\105.50 RSTP-STBG\2023 STBG\Divisadero Street Reconstruction\Divisadero Street Reconstruction.docx
Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]
May 20, 2024
Cristian Gonzalez, City Manager
City of Mendota.
643 Quince Street
Mendota, CA 93640
Subject: Engineering Services for Divisadero and Inez Street Reconstruction, Mendota, California Dear Cristian Gonzalez, City Manager:

Thank you for the opportunity to submit this proposal to provide engineering services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables, and approximate schedules, sets forth our assumptions, and discusses other services that may be of interest as the project proceeds.

PROJECT UNDERSTANDING
We understand that reconstructing the failed asphalt pavement of Divisadero Street between Lolita Street and Inez Street, is a priority project for the city. Divisadero Street is functionally classified as a “Collector” from Lolita Street to Juanita Street and “Local” from Juanita Street to Inez Street. Therefore, pavement design sections and funding sources will differ in each segment; the City has been awarded STBG funding which is eligible for use on the collector section of the street. In addition, Inez Street from Divisadero Street to 7th Street, is classified as a “Local” and is also in need of rehabilitation. The project will include reconstruction or rehabilitation of the asphalt pavement as well as reconstruction of some curb, gutter, sidewalk, driveway approaches, and traffic striping to add center lane line and parking/bike lanes. The City will use local transportation funds for the engineering design and a combination of STBG and local transportation funds for the construction of the project.

SCOPE OF SERVICES
Our proposed scope of work for this proposal will be in several phases, described below.

PHASE SURV: TOPOGRAPHIC FIELD SURVEY
Services under this phase will include:
• Establish construction control centerlines using existing curbs, gutters, and fence lines. No boundary survey will be provided as the limits of the existing streets are not being expanded. • Perform a topographical field survey to determine horizontal locations and existing elevations of gutter lips, crown elevations, top of curb and flowlines, driveways, curb ramps, signs, trees, utility poles, valve covers, manhole lids, and storm drain inlets/outlets.
• Additional detail will be obtained at driveway approaches and curb ramps for use in designing new accessible ramps. We will locate existing signs, trees, above ground utilities, and other features that will impact curb ramp design.
• Contact dry utility providers with services in the area and research maps and information they provide.

Incorporate utility infrastructure into base maps.
• Prepare base map for use by design engineer.

City of Mendota. May 20, 2024
Divisadero and Inez Street Reconstruction Page 2 of 4
Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]
PHASE PSE: CONSTRUCTION DOCUMENTS (PLANS, SPECIFICATIONS,

AND COST OPINION)
• Prepare Notice of Exemption for CEQA, the project is anticipated to be Categorically Exempt under Section 15302, Replacement or Reconstruction.
• Our subconsultant, BSK Associates, will provide subsurface investigations through existing pavement (one per block) to a maximum depth of three feet; provide subgrade soil R-value recommendations, test for sulfate levels in subgrade soils and provide recommendations for full-depth reclamation with cement treated base, conventional reconstruction and use of geogrid base stabilization. • Design of street improvements, including pavement, striping, limited curb & gutter, drive approaches, and accessible curb ramps. Improvements to gutter drainage will be made where gutters are being replaced. This project will not be able to completely address all drainage issues within the project limits if these issues extend past the project extents.
• Prepare plans, specifications, and engineer’s opinion of probable construction cost (PS&E). Plans will be singlewindow plan view only, at a scale of 1”=20’ to allow for adequate illustration of detail. Specifications will be in CSI format.
• We anticipate one preliminary submittal to the City for review when PS&E is approximately 50% complete, to discuss and agree on the approach to deal with any unique site issues. After review is complete, we will generate 100% final construction documents ready for use in bidding. • We will coordinate with FCOG and Caltrans DLAE for utility and ROW certification and complete and submit the Request for Authorization (RFA) forms to Caltrans for the STBG funding to be authorized for construction (CON). • We will administer the bidding process, responding to bidding contractor’s requests for information, holding the public bid opening and reviewing submitted bids to prepare a recommendation of award of the construction contract by the City Council.

PROFESSIONAL FEES
Provost & Pritchard Consulting Group will perform the services in the phases below for the fixed fee amount of $110,000. These services will be invoiced monthly, on a percent-complete basis. Reimbursable Expenses are included in the Fixed Fee amount stated.

PROPOSED FEE – PROJECT NAME

PHASE ESTIMATED FEE
Phase SURV $18,000
Phase PSE $92,000
Total Estimated Fee: $110,000

SCHEDULE
Once we receive an executed copy of this Proposal together with the signed Consultant Services Agreement and are authorized to proceed, we can prepare the construction documents for submittal in approximately (12 to 16) weeks.

This would allow the project to be out to bid as early as Spring 2025 and construction to proceed in Summer 2025, if the City is allowed to advance the STBG funds currently programmed in the FTIP for FFY 2025/26.

City of Mendota. May 20, 2024
Divisadero and Inez Street Reconstruction Page 3 of 4
Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]

ASSUMPTIONS
• No existing wet utilities, such as sewer, water, or storm drain will need to be designed or replaced as a part of this project, other than adjustment of lids and manholes covers to match finished grade. • The City will provide video inspection and comments on existing sewer pipes and manholes within the limits of the project and will specifically identify any dilapidated manholes that should be reconstructed as part of this project. Currently, we are not including rehabilitation or redesign of the sewer system in our scope of services. • The new infrastructure will not be capacity-increasing and is therefore eligible for a Categorical Exemption under CEQA.
• Existing curb and gutter will be replaced, or new curb and gutter installed only where severely broken and unsuitable to be paved against.
• No sidewalk construction is planned as part of this project, except for short transitional segments of walks at curb ramps.
• Construction limits for this project will not extend into the Caltrans State Route 33 (Derrick Avenue) nor State Route 180 (Oller Street) rights of way; therefore, coordination with Caltrans Encroachment Permits office is not anticipated.
• All improvements will occur within the existing street right-of-way and no acquisitions are required. • If the scope of services requires Consultant to estimate quantities, areas and/or volumes for construction, such estimates are made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a professional generally familiar with the industry and will be performed pursuant to generally accepted standards of professional practice in effect at the time of performance. However, such estimates are only estimates and shall not constitute representations, warranties or guarantees of the quantities of the subject of the estimate. If the scope of services requires Consultant to provide its opinion of probable construction costs, such opinion is to be made on the basis of Consultant's experience and qualifications and represents Consultant's best judgment as to the probable construction costs. However, since Consultant has no control over costs or the price of labor, equipment, or materials, or over the contractor's method of pricing, such opinions of probable construction costs do not constitute representations, warranties or guarantees of the accuracy of such opinions, as compared to bid or actual costs.

ADDITIONAL SERVICES
The following services are not included in this proposal, however, these and others can be provided at additional cost, upon request.
• Street lighting, street tree, or landscape design.
• Construction testing or staking services.
• Construction administration, management, or observation services. • Clarifications, adjustments, modifications and other changes due to field and other conditions that change by the time project construction occurs.
• All of the costs of preparation, examination and filing of Record of Survey or Corner Record. • Extra work caused by delays beyond Consultant’s reasonable control by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or disapprove of Consultant’s services or instruments of service promptly, or faulty performance by Client or other contractors or governmental agencies.

City of Mendota. May 20, 2024
Divisadero and Inez Street Reconstruction Page 4 of 4
Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, ID www.provostandpritchard.com • [email protected]
• Any extra work performed by Consultant due to changed field or other conditions which necessitate clarifications, modifications or other changes to the plans, specifications, estimates or other documents prepared by Consultant.

TERMS AND CONDITIONS
If this proposal is acceptable, please sign the Consultant Services Agreement, and return a copy to our office. These documents will serve as our Notice to Proceed. This proposal is valid for 30 days from the date above.

Sincerely Yours,
Provost & Pritchard Consulting Group
Rebekah Brechmann RCE 95075 Jeff Dorn, RCE 76749
Project Manager Director of Operations

TERMS AND CONDITIONS ACCEPTED
By City of Mendota
Signature Date
Christian Gonzalez
City Manager
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: MICHAEL OSBORN, CITY ENGINEER
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: ADOPTING A LIST OF STREET PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
DATE: MAY 28, 2024
ISSUE
Shall the City Council adopt Resolution No. 24-26, adopting a list of street projects for Fiscal Year 2024-2025 funded by SB1: The Road Repair and Accountability Act of 2017?

BACKGROUND
On April 28, 2017 the Governor signed Senate Bill 1 (“SB1”) which is known as the Road Repair and Accountability Act of 2017 and beginning on November 1, 2017, the State Controller (“Controller”) has begun to deposit various portions of this funding in the created Road Maintenance and Rehabilitation Account (“RMRA”), with a percentage of that being apportioned to the City (“City”).

The California Transportation Commission (“CTC”) is requiring that agencies provide a list of projects that may utilize Fiscal Year 2024-2025 SB1/RMRA funding by July 1, 2024, to receive their Fiscal Year (“FY”) 2024-2025 RMRA fund distribution. They have informed us that the project list can include projects planned for after FY 2024-2025 and be a carry-over of the list of projects previously proposed and adopted.

Resolution Nos. 19-27, 20-42, 21-40, 22-32, and 23-34 adopted lists of projects and the attached list has been amended based on direction from City Council at previous meetings.

The “2022 Local Street Reconstruction Project”, which reconstructed segments of Kate Street, Riofrio Street and Stamoules Street, was the first use of SB1/RMRA funds by the City. The Fleming & McCabe Street Reconstruction was most recently completed utilizing SB1/RMRA funds.

ANALYSIS
The attached list of SB1/RMRA projects was prepared by staff, specifically the City Manager/ Director of Public Works and City Engineer based on the 2019 Pavement Assessment and current conditions. This list includes a couple of projects previously listed and has been supplemented by additional projects as directed by the City Council at the April 4, 2024 meeting.

The California Transportation Commission now uses an on-line project intake tool. Upon adoption, the projects on the list will be submitted via this tool. 2 Per Assembly Bill 135, the project list shall not limit the flexibility of the City to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (b) of Section 2030; therefore, this list may be rearranged or amended.

FISCAL IMPACT
The City has received approximately $1,571,190 in RMRA allocations since FY 2017-2018 and utilized these banked funds on the 2022 Local Street Reconstruction and Fleming & McCabe Reconstruction projects. The City is expected to receive $325,998 in RMRA funding in FY 2024-2025. The City has been allocated $5 million in CPFCDS congressional discretionary spending from Congressman Duarte’s office for Federal FY 2024-2025 which will be combined with the RMRA funding to deliver the projects listed for FY 2024-2025 construction. The City has also been awarded $985,157 in Federal STBG funds to help deliver the reconstruction of Divisadero Street. Additional Federal Funding (i.e., STBG, CMAQ) will be sought to fund the construction of projects on streets with functional classifications of Collector and Arterial, thus leveraging the local transportation funds.

The General Fund will not be impacted by these projects.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 24-26, adopting a list of street projects for Fiscal Year 2024-2025 funded by SB1: The Road Repair and Accountability Act of 2017.

Attachments:

1. Resolution No. 24-26

2. Exhibit “A” - FY 2024-2025 List of Projects
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-2025 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (“SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Mendota (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive and estimated $325,998.00 in RMRA funding in Fiscal Year 2024-2025 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has now started to use a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB1 this fiscal year could help the City rehabilitate one ¼-mile length of street within the City this year and continue to do so into the future; and
WHEREAS, the project list was discussed at previous City Council meetings where public input was solicited; and
2 WHEREAS, the project list shall not limit the flexibility of the City to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities as outlined in Streets and Highways Code, subdivision (b) of Section 2030; and
WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “poor” condition; this was justified in 2019 when the Pavement Management System was implemented and showed the Pavement Condition Index (“PCI”) of the City to be 43 (compared to the statewide average of 65) and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a safer and drivable condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will provide for a better quality of life for the City’s residence and a better experience to those visiting the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of projects attached hereto and made part hereof as Exhibit “A” includes newly proposed projects that will be funded in-part or solely with Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues.

3. The following list of projects attached hereto and made part hereof as Exhibit “A” also includes previously proposed and adopted projects which may also utilize Fiscal Year 2024-2025 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues.

4. The Council hereby finds that the adoption of this resolution is not subject to environmental review under the California Environmental Quality Act (“CEQA”).

The adoption of this resolution, in and of itself, does not have the potential for resulting in either a direct physical change in the environment, or a reasonable foreseeable indirect physical change in the environment and therefore is not considered a “project” under CEQA. (Pub. Res. Code, §21065; 14 Cal. Code Regs., §15378, subd. (a).) Further, this resolution is a government finding mechanism that does not involve any commitment on behalf of the City to any specific project which may result in a potentially significant impact on the environment. (14 Cal. Code Regs., §15378, subd. (b)(4).) This determination reflects the independent judgement and analysis of the Council. 3 ______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
Proposed
Project Description
Location &
Functional Classification*

ESTIMATED
Start Completion Start Completion Min. Max. PROJECT
COST
7th Street
In general, the project consists of grind and overlay of 7th Street between Unida Street and Stamoules and slurry seal between Stamuoles Street and Oller Street.

Unida Street to Oller Street
(Collector) Jul-25 Dec-25 Apr-26 May-26 10 20 $ 362,300 Marie Street & 5th
Street
Reconstruction
In general, the project consists of reconstruction of Marie Street between Divisadero Street and 9th Street and 5th Street between Marie Street and Lolita Street, including demolition of existing asphalt and concrete pavements, full depth reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add center lane line and parking/bike lanes. Marie Street will have complete street improvments including a planted center median and separated multi-use path.

Marie Street: Divisadero Street to
9th Street (Collector);
5th Street: Marie Street to Lolita
Street (Local) Jul-26 Dec-26 Apr-27 Jun-27 15 30 $ 3,299,300 4th Street
Reconstruction
In general, the project consists of reconstruction, including grind and overaly from H Street to I Street and demolition of existing asphalt and concrete pavements, Full Depth Reclamation soil-cement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings. H Street to L Street (Local) Jul-24 Dec-24 May-25 Jun-25 15 30 $ 610,500 Lolita Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings.

Divisadero Street to 10th Street
(Local) Jul-24 Dec-24 May-25 Jul-25 15 30 $ 1,389,800
Tule Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings.
7th Street to Belmont Avenue
(Local) Jul-24 Dec-24 May-25 Jul-25 15 30 $ 471,600
Quince Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings. 10th to Belmont (Local) Jul-24 Dec-24 May-25 Jul-25 15 30 $ 335,200 Jennings Street
Reconstruction
In general, the project consists of grind and overlay, including the cul-desacs of Jennings Circle and Rio Frio Street north of Jennings Street. 9th Street to Quince Street (Local) Jul-24 Dec-24 May-25 Jul-25 10 20 $ 424,600 Divisadero Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, full depth reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings to add center lane line and parking/bike lanes.

Lolita Street to Juanita Street
(Collector)
Juanita Street to Inez Street (Local)
Inez Street: Divisadero to 7th (Local) Jun-24 Nov-24 Apr-26 Jun-26 15 30 $ 1,943,000 Estimated Schedule
Estim. Useful Life
(# of Yr)
Exhibit "A"
FY 2024-2025 SB1 Project List
Previously Adopted SB1 Project List with updated schedule Design & CEQA Construction
Proposed
Project Description
Location &
Functional Classification*

ESTIMATED
Start Completion Start Completion Min. Max. PROJECT
Estimated Schedule
Estim. Useful Life
(# of Yr)
Exhibit "A"
FY 2024-2025 SB1 Project List
Previously Adopted SB1 Project List with updated schedule Design & CEQA Construction
4th Street & Rio
Frio Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings.
4th Street: Oller Street to Rio Frio
Street (Local)
Rio Frio Street: 4th Street to 5th
Street and 6th Street to 7th Street
(Local) Jul-24 Dec-24 May-25 Jul-25 15 30 $ 1,009,900
Kate Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings. North of I Street to end (Local) Jul-24 Dec-24 May-25 Jul-25 15 30 $ 181,200 I Street
Reconstruction
In general, the project consists of reconstruction, including demolition of existing asphalt and concrete pavements, Full Depth Reclamation soilcement treatment, new HMA pavement, curbs, gutters, ramps, and traffic striping and markings. Kate Street to Divisadero (Local) Jul-24 Dec-24 May-25 Jul-25 15 30 $ 893,300 * Functional Classifcations of Collector & Arterial should try to leverage Federal funding $ 10,920,700 New Projects to SB1 Project List
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO 24-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE PURCHASE AND INSTALLATION OF A FAN FOR THE ROJAS-PIERCE PARK MAIN PAVILION IN AN AMOUNT NOT TO EXCEED $13,000.00 AND AUTHORIZING

THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO

EFFECTUATE THE PURCHASE
WHEREAS, the City of Mendota (the “City”) is responsible for maintaining the City’s infrastructure, including its parks; and
WHEREAS, it is the desire of the City to purchase a fan for the Rojas-Pierce Park main pavilion; and
WHEREAS, Big A** Fans has submitted a proposal for the purchase of a Essence Fan Kit, with the installation cost yet to be determined, and Big A** Fans is the proprietary owner of the product; and
WHEREAS, pursuant to MMC section 2.48.090, subdivision (E), City staff may dispense with competitive bidding requirements where there are “limitations on the source of supply, necessary restrictions in specifications, necessary standardization, quality considerations or other valid reasons for proceeding without competitive bidding. . . .”; and
WHEREAS, in order to ensure that the Department acquires the necessary equipment for its parks, it is imperative that the City Council authorize the purchase and installation of a fan from Big A** Fans through direct sale in an amount not to exceed $13,000.00.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the City Council approves the purchase as outlined in the proposal, as attached hereto as Exhibit “A,” and installation of an Essence Fan Kit for the RojasPierce Park main pavilion in an amount not to exceed $13,000.00, and authorizes the City Manager, or his designee, to execute all documents necessary to effectuate the purchase.
______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
-
City of Mendota
0u0IE NUMBER: 00e63623

THE ULTIMATE AIRFTIIW SIILUTION
For more than 20 years, Big Ass Fans has set the standard for safer, more comfortable work conditions with airflow products purpose-built to excel in demanding environments. Our fans provide year-round relief from extreme temperatures, making people feel up to 10 'F (6 'C) cooler in summer and effectively circulating heated air in winter.

Engineered for efficient, maintenance-free operation and backed by unbeatable warranties, Big Ass fans deliver powerful airflow that keeps workers refreshed and productive. With a custom solution from Big Ass Fans, your business will reap the rewards of comfort a nd cost-savings for yea rs.

Contact: Garrett Dean
Ema it: [email protected]
Phone: (859) 629-7945
(877) 244-3267 I BTGASSFANS.COM g EXEEPTIONALLY

ENEINEEREB BIGASS
FANS
An ISO 9001:2015 compliant company I O2020 Delta T, LLC dba Big Ass Fans. All rights reserved.

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Quote lnformation
Quote Number 00953523

SFDC ID
City of Mendota
643 Quince Street
Mendota, CA 93540
US
LL059240
General lnformation
Sales Rep Garrett Dean
E-mail garrett.dean @ bigassfa ns.com
Phone (859) 529-7945
Fax 859-233-0139
Comments
Comments
Created Date
Expiration Date
Ship To Name
Ship To:

Contact Name
Contact Phone
sl24/2024
61712024
City of Mendota
399 Bass Avenue
Mendota, CA 93640
US
Cristian Gonzalez
ss9-860-8882
All fans to include controller with variable speed selector and all mounting brackets.

Freight charges are included in the quoted price.*
Sales Tax is strictly an estimate and may change based on the shipping address of the order.

Lead times are strictly an estimate and may change over time.

PLEASE NOTE THAT THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING THE CORRECI DROP TUBE LENGTH AS WELL

AS THE CORRECT MOUNTING METHOD FOR FANS PRIOR TO ORDERING *Freight charges are subject to change.
**VERY IMPORTANT**
Davis /Bacon Act, Prevailing Wage, Union Labor or Certified Payroll requirements not included on quoted installation. Fire relay installation is not included unless specifically noted, but can be quoted upon request. lt is the quote recipient's responsibility to inform BAF if any of these apply and to provide a determination of wage. Should the quote recipient/ordering pafi fail to notify BAF of any such conditions, BAF will not assume any additional charges incurred.

Sales Tax
Sales Tax is strictly an estimate and may change based on the shipping address of the order; sales tax is also subject to the tax provisions of the "STANDARD TERMS."
Essence Fan Kit, Wired, Silver/White, 14ft, 100-125V/1 Phase, Silver heat sink
- Essence Mount Kit-Universal Mount, 4 ft extension tube w/guy wires
subtotal: ss,gtg.oo
Tax: S 490.59
Estimated Shipping: 5444.00
Grand Total: 56,253.69
L
Product Description Qty Total Price

EXEEPTIONALLY

ENEINEEREO
B77I 244.3267 I BIGASSFANS.COM @r HGASS I
FA}S I
STANDARD TERMS - NET 30 DAYS UPON APPROVAL
00963623 $6,253.69
To the extent that the Buyer takes any contrary position with any taxing authority subsequent to this transaction which results in additional and/ or different transaction-based taxes for which Big Ass Fans is responsible, Big Ass Fans reserves the right to apply any sales tax collected to any such additional taxes due and/or invoice the Buyer for any other additional amounts due. Additionally, to the extent that applicable transactional taxes were not collected at the time of sale in reliance upon an Exemption Certificate or other exernption later found to be inapplicable by Big Ass Fans, in the exercise of its sole and absolute discretion, Big Ass Fans will invoice Buyer for any applicable sales or other transactional taxes.

Buyer covenants and agrees to promptly pay any such amounts to Big Ass Fans on the same terms and conditions as any other amounts owed to Big Ass Fans on the applicable Order.

The transaction and contract that is the subject of this Proposal shall be governed by the internal laws of the Commonwealth of Kentucky. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Upon sales agreement being signed and submitted, order shipment date changes may not be submitted or changed by the purchasing pafi within 10 business days of scheduled shipment. Scheduled shipment dates may not be changed within the final 1O business days of a given month.Should a customer require that a shipment date be changed within 10 business days or scheduled shipment or within the final 1O business days of a given month, Big Ass Fans reserves the right to decline the customer's request. Secondarily, Big Ass Fans reserves the right to charge a monetary fee for any shipment date change request that falls within the representative windows described above.

Reconsignment fees are as follows. $SO for small diameter fan orders and $5O0 for large overhead orders.

Evaporative Cooler (Cool-Space) orders are not able to be canceled outside of the same business day in which purchase has been confirmed. Customer assumes responsibility for all necessary reconsignment fees related to shipping &/or freight charges as a result of canceled orders completed outside of the hours of 8:00AM to S:OOPM EST on the same business day purchase occurs.

This Proposal and its Associated Terms may not be modified or added to, except by a subsequent writing executed by Big Ass Fans.

Shipping and handling is an estimate
Our proposals include an estimate of applicable itemized sales taxes which Big Ass Fans is legally obligated to collect and remit.

The final, actual amount of such taxes would only be known at the time the customer is actually invoiced for the order.

All products are subject to Big Ass Fans return policy. For full details visit bigassfans.com/returns
The Buyer must insure that product specifications are consistent with actual field installation requirements. Big Ass Fans product recommendations are based on product specifications as
transmitted to the company.As such, Big Ass Fans is not responsible for inaccuracies between the communicated product specifications and actual field installation requirements. The Buyer of the specified products assumes responsibility for the cost of returning or exchanging specified product where specified product does not meet field requirements.

Any variations to product types or quantities (or omissions of existing light fixtures during the survey process - and now not represented in project) will be considered "add-on" and an additional material requirement. These add-on materials will be priced separately.

Big Ass Fans customers who have been approved for term credit and are invoiced for their orders may pay their invoice through one of our customary term credit payment methods of: Check, money order, wire transfer or ACH payment. Any such term credit approved customers who subsequently elect to pay their term invoice by credit card will also be charged a convenience fee for doing so. The exact amount of the convenience fee will be communicated to the customer before the transaction is processed and the card is charged. The Fee is calculated by multiplying the amount sought to be charged to the credit card by .03. (Fee = .03 x Total Amount Paid). lf the customer elects not to pay the convenience fee, the customer may use one of the other payment channels alluded to above, free of cha rge.

Customer is responsible for paying all applicable state and local transactional taxes resulting from the sale. As a manufacturer of tangible persona! property registered to do business in all 50 US States, Big Ass Fans is obligated to collect and rernit applicable sales taxes and the transaction will be treated and reported as the sale of tangible personal property sold by a manufacturer.

PURCHASING OR USING ANY OF OUR PRODUCTS & SERVICES INDICATES YOU AGREE wrTH ouR rERMS oF sERVlcE AND E8!.]/Ac-Y!.9t!.9! (FOR FULL WARRANry TERMS, AND CONDITIONS FOR ALL BIG ASS PRODUCTS, VISIT BIGASSFANS.COM} Notwithstanding any provision to the contrary, neither party shall be liable to the other party (or any third party) for indirect, consequential, special, incidental, or punitive damages arising from the sale of the products or this agreement. ln addition, seller's total aggregate liability under this agreement shall never exceed the value of the purchase order or the previous twelve (12) months of sales hereunder, whichever is less. This provision shall survive the expiration of termination of this agreement.

INTELLECTUAL PROPERTY
Big Ass Fans retains exclusive ownership of all intellectual property rights embodied by and/or associated with the products sold. 877.244.3267 I BIGASSFANS.COM
An ISO 9001:2015 compliant company i 02023 Delta I LLC dba Big Ass Fans. All rights reserved.

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BIGASS
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00963623 $6,253.69

CUSTOIV ER CONTACT I N FORIVATION
PLEASE CONFIRM AND COMPLETE ALL BILLING AND SHIPPING INFORMATION FOR YOUR OROER.

ACCOUNTS PAYABLE (BlLLlttO) ADDRESS:
643 Quince Street, Mendota, CA, 93640, US
IS THE BILLING ADDRESS ABOVE CORRECT? Y / N
lf this address is incorrect, please provide correct information below:

Company Name:

Contact
Billing Address:

City, State, Zip:

Ema i!:

Phone: DUNS #:
lf your organization requires a purchase order, please
provide the PO number
PIease provide any available PO documentation to your
BAF sales representative.

CLIENT
Signature
Printed Name Date
SHIPPING ADDRESS:
399 Bass Avenue, Mendota, CA, 93640, US
IS THE SHIPPING ADDRESS ABOVE CORRECT? Y / N
lf this address is incorrect, please provide correct information below:

Company Name:

Contact Name
Shipping Address:

City, State, Zip:

Ema il.

Phone:
lf this purchase is tax exempt (e.9., 5O1(cX3), 5O9(a)' Section 527, registered resellers), you must provide a valid tax exemption certificate to your BAF sales representative.

BIG ASS FA}IS
Signature
Printed Name Date
An ISO 9001:2O15 compliant company I 02023 Delta T, LLC dba Big Ass Fans. All rights reserved BIGASS F,ANS
877.244.3267 I BIGASSFANS.COM $

ESSENEE
Essence is the crowd favorite for creating a more comfortable and attractive space. Designed for power, versatility, and sophistication, its performance transforms stuffy conditions and offers any setting a centerpiece of style. Quiet and efficient, Essence lets you provide an enjoyable experience that keeps employees motivated, customers engaged, and guests in awe of your space.

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Variety of control optiolls for
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lndoor and outdoor models
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Color customization and
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31.8 in.
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Diameter
8ft
10ft
12ft
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White Motor Housing
with Silver Trim
Airfoils
Eight anodized MiniEllipto airfoils with
winglets (black or silver)
Standard Color Options
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Pictured with o 2 ft (610 mm) extension tube
LED Light (Optional)

4.76 in.
(121 mm)

2.87 in.
(73 mm)
Control Options
Environment4
Suitable for indoor
or outdoor spaces
Colors
Standard colors are silver and black.
lndividualize your fan with one of our
classic color upgrades, or work with
our design consultants to create a
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See the Essence LED spec sheet for details.
t weight does not include mount or extension tube.
2 Suitable fo. ceilings as low as 12 ft (3.7 meters). Measure the distance ftom the tip of the winglet to the ceilang or major obstruction. 3 Fans are sound telsted a maximum ipeed in a laboratory environment. Actual resuhs in field conditions may var due to sound reflecting surfaces and environmental conditions. 4 Not suitable for satt air environmerts.
5 Certmcations listed here apply to the fan and do not include accessories.

Silver Motor Housing
with Black Trim
Wired Wall Controller Remote With Wall Mount
(Optional)
Leod times moy vory.

See full worronty for coveroge information.
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75 lb (34 kq) 158 RPM
81 lb (37 kq) 107 RPM
88 lb (40 kq) 76 RPM
96 lb (44 ko) 56 RPM
110-125 VAC, 1 O, 50/60 Hz, 1O A
2OO-24O VAC, 1 O, 50/60 Hz, 10 A
2 ft (0.6 m)on sides
2 ft (0.6 m) below ceiling deck
< 35 dBA tP43 -4"F to 131"F
(-20"C to 55"C)
Tech nical Specifications
Motor and Drive Certificationss Mounting Accessories
LED Light
Wireless Wall
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Construction Features
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1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: AMENDING CHAPTER 12.20 OF THE MENDOTA MUNICIPAL CODE RELATING TO THE

EXCLUSIVE USE OF CITY FACILITIES AND APPROVING THE FACILITY USE POLICY FOR

CITY FACILITIES
DATE: MAY 28, 2024
ISSUE
Following a public hearing, shall the City Council waive the second reading and adopt Ordinance No. 24-01, amending Chapter 12.20 of the Mendota Municipal Code relating to the exclusive use of City facilities? If the City Council adopts Ordinance No. 24-01, shall the City Council also adopt Resolution No. 24-28, approving the Facility Use Policy for City facilities?

BACKGROUND
The City’s continued growth has caused an increase in the number of requests for exclusive use of City facilities that the City receives. The City Council discussed its concerns regarding the need to balance expanded public access to the City’s facilities, parks, and recreation areas, the preservation of these facilities, and continued enforcement of the Mendota Municipal Code (“MMC”) provisions related to exclusive use of these facilities.

In March and April 2024, the City Council hosted several public discussions regarding a Facility Use Policy, a copy of which is attached as Exhibit “A” (the “Policy”), that streamlines the City’s historical Facility Use Permit Application process, outlines the rules and regulations for using City facilities, and provides enforcement procedures.

At its regular meeting held on April 9, 2024, the City Council directed staff to proceed with the next steps necessary to effectuate the Policy and its provisions. On May 14, 2024, the City Council held the first reading of Ordinance No. 24-01 and scheduled the public hearing and second reading of the ordinance for the May 28, 2024 City Council meeting.

ANALYSIS
Chapter 12.20 of the MMC governs the public’s use of City-owned parks and recreation areas. To effectuate the provisions of the proposed Policy, amendments to Chapter 12.20 must be made to include portions of the Draft Policy and to reference the City Council’s authority to adopt and amend the Policy via Resolution.

On May 14, 2024, the City Council held the first reading of Ordinance No. 24-01 and scheduled the public hearing and second reading of the ordinance for the May 28, 2024, City Council 2 meeting. At the May 28, 2024, regular meeting, the City Council will also be considering the adoption of the Policy.

FISCAL IMPACT
As the City continues to process Facility Use Permit Applications, the City will expend necessary staff time and resources in the City Administration (including the City Manager’s Office, the City Clerk’s Office, and the Finance Department), Public Works, and Police Departments to process, oversee, and enforce the permits for and use of City facilities. The amount of staff time and resources spent will depend on the number of Facility Permit Applications that are received and processed each year.

RECOMMENDATION
Staff recommends that the City Council hold the public hearing and second reading for Ordinance No. 24-01, amending Chapter 12.20 of the Mendota Municipal Code relating to the exclusive use of City facilities, and consider the adoption of Resolution No. 24-28 and Ordinance No. 24-01.

Attachments:

1. Ordinance No. 24-01

2. Resolution No. 24-28
a. Exhibit “A” – Facility Use Policy
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
ORDINANCE NO. 24-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENDOTA AMENDING CHAPTER 12.20 OF TITLE 12 OF THE MENDOTA MUNICIPAL CODE RELATING

TO THE EXCLUSIVE USE OF CITY FACILITIES
WHEREAS, pursuant to the authority granted to the City of Mendota (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public health, public morals, or public safety; and WHEREAS, the City has invested substantial funds and work into building and maintaining its facilities, parks, and recreation areas to promote the public health and satisfaction of its citizens; and
WHEREAS, due to the City’s continued growth and an increase in the number of requests for exclusive use of City facilities, the City Council discussed its concerns regarding balancing expanded public access to the City’s facilities, parks, and recreation areas, the preservation of these facilities, and continued enforcement of the provisions related to exclusive use of these facilities; and WHEREAS, in March and April 2024, the City Council hosted several public discussions regarding the implementation of a Facility Use Policy (the “Policy”) to streamline the Facility Use Permit Application process, outline the rules and regulations for using City facilities, and provide enforcement procedures; and WHEREAS, Chapter 12.20 of the Mendota Municipal Code (“MMC”) governs the public’s use of City-owned parks and recreation areas; and WHEREAS, the City Council has determined revisions to Chapter 12.20 of the MMC are required to prepare for the Policy’s future adoption, amendment, and enforcement.

NOW, THEREFORE, the City Council of the City of Mendota does ordain as follows:

SECTION 1. The Recitals set forth above are incorporated herein and by this reference made an operative part hereof.
///
///
2 SECTION 2. Section 12.20.020 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.020 - Definitions.

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:
"Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Benefit to the community" means the amount of money that will be gained by a Mendota-based nonprofit organization for use in furthering athletic, recreational, cultural, educational, or charitable activities in the City. "Building" means a structure under the supervision of the City established as a community center or recreational and/or meeting facility, and is considered for the purposes of permits, pursuant to this Chapter, as a park. “Facility Use Policy” means the policy adopted by resolution of the City Council to facilitate the processing and oversight of requests for use of City-owned facilities. The current version of the City’s Facility Use Policy shall be maintained on file with the City Clerk.
"Park" or "recreation area" means City-owned grounds, parks, and public areas devoted to park or recreational purposes.
“Permittee” means a holder of a valid Facility Use Permit. "Facility Use Permit" means a written authorization issued by the City for exclusive use of a park area or building as provided for in this Chapter. "Persons" means individuals, associations, partnerships, corporations, and other legal entities.
///
///
///
3 SECTION 3. Section 12.20.030 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.030 - Compliance with chapter required.

It is unlawful for any person to enter or remain in any City-owned park, recreation area, facility, or building of the city unless he/she they comply with all of the applicable regulations set forth in this Chapter which apply to such city park, recreation area, facility, or building and the Facility Use Policy, as may be adopted and amended by Resolution of the City Council. The Facility Use Policy shall be regularly updated to ensure all City-owned facilities are regulated and maintained in a manner that allows for reasonable and responsible public use in balance with the need for ongoing maintenance and repairs.

SECTION 4. Section 12.20.040 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.040 - Exclusive Facility Use Permits, Generally.

A. No City-owned park area, recreation area, building, or facility may be used for any pre-advertised assembly or by groups of twenty-five (25) or more persons without an exclusive Facility Use Permit issued under Section 12.20.120. All applications for permits must be signed by an adult who shall agree to be responsible for the requested use of the City-owned park area, recreation area, facility, or building. The execution of a permit application and acceptance of the issued permit shall constitute the applicant's consent and acceptance of all permit conditions and all restrictions and requirements set forth in this Chapter and the Facility Use Policy.

B. All events and activities at City-owned parks, recreation areas, facilities, or buildings shall be conducted in strict compliance with the requirements and restrictions contained in this Chapter, in the Facility Use Policy, and all permit conditions, which shall include the statements and information set forth in the permit application and all provisions set forth in the promoter's agreement. Any park such event or activity conducted in violation of any permit condition, any of the provisions of this Chapter, any of the provisions of the Facility Use Policy, or the provisions of the promoter's agreement, as applicable, may be summarily terminated by the City and the permit shall be deemed revoked.
///
///
4 SECTION 5. Section 12.20.050 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.050 - Facility Use Permit Applications, Timing.

A. Written applications for exclusive Facility Use Permits shall be filed with the City during the month of February annually. All such permit applications for the exclusive use of any City-owned park, recreation area, facility, or building shall be filed with the City for processing pursuant to the applicable terms and requirements of the Facility Use Policy. in considered by the city council at its first regular meeting in March annually. All applications for the exclusive use of any city park, recreation area, facility, or building submitted after this annual process shall be approved or denied by the city manager, and shall be deemed secondary to council-approved permits in the event of a conflict.

B. Subject to the terms and requirements of the Facility Use Policy, the City Council, and City Manager, or other reviewing body, as applicable, shall consider the financial and other benefits to the people of Mendota that are likely to result from each of the proposed park event Facility Use Permits, and, in the event of a conflict, shall issue permits to those events which will provide the most overall greatest benefit to the community.

C. Subject to the terms and requirements of the Facility Use Policy, all Facility Use Permit applications shall be filed with the City no later than 15 business days prior to date of the requested use.

SECTION 6. Section 12.20.060 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.060 - Contents of a Facility Use Permit Application.

Subject to the terms and requirements of the Facility Use Policy, all applications for an exclusive Facility Use Permit shall contain the following information at a minimum:

A. The name of the permit applicant, the sponsoring organization (if any), and the person(s) in charge of the proposed event or activity; B. The addresses and telephone numbers of those persons and/or entities named pursuant to subsection (A) of this section;
C. The date(s) and time(s) of the proposed event or activity; D. The number of persons expected to attend the proposed event or activity; 5 E. A full description of all proposed activities, including, but not limited to, equipment and vehicles to be brought into the City-owned park, recreation area, facility, or building, the nature and duration of the use of such equipment, and the nature and duration of the use of any amplified sound equipment;
F. Whether alcoholic beverages will be sold or served during the proposed event or activity;
G. Whether the proposed event or activity will be promoted by any person for a fee or a share of the proceeds of the event or activity; H. The names, addresses, and telephone numbers of the event or activity sponsor(s) and promoter(s);
I. The specific City-owned park area, recreation area, facility, or building requested for exclusive use;
J. A full description of all entertainment to be provided at the proposed event or activity;
J. If the event or activity is a fundraiser, the purpose(s) of the fundraising activities shall be described in full;
K. The charge to be imposed for admission to the activity or event in the Cityowned park, recreation area, facility, or building (not including amusement park rides), including, but not limited to, a full description of how the proceeds from such admission charge will be distributed among the applicant, promoter(s), and any other person(s);
L. A statement explaining the benefits likely to be derived by the community as a result of the proposed activity or event; and
M. Such other information as may be requested by the City council or city manager.

SECTION 7. Section 12.20.070 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.070 - Action on Facility Use Permit Application.

The decision granting or denying an exclusive use permit application shall be mailed to the applicant. Denials shall state the reason or reasons for the denial.

A. Administrative Review. The City shall review and process Facility Use Applications in the order in which they are received and in accordance with the provisions contained in this Chapter and the Facility Use Policy. The City may contact applicants using the 6 contact information contained in their application in the event required information is absent.

B. Action on Facility Use Application. The City shall issue a written determination notifying applicants whether their application was approved or denied via U.S. Mail or E-Mail within 15 business days of the City’s acceptance of a complete Facility Use Permit application.

1. Application Approved. If a Facility Use Permit application is approved, the Applicant shall be provided a copy of the Facility Use Permit listing any Conditions of Approval. Once the Facility Use Permit is issued by the City, the applicant shall be considered a Permittee. Permittees must satisfy all
Conditions of Approval listed in their Facility Use Permit, this Chapter, and the Facility Use Policy.

2. Application Denied. If a Facility Use Permit application is denied, the applicant shall be provided a letter stating the reason(s) for the denial.

SECTION 8. Section 12.20.080 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.080 - Grounds for Denial of Facility Use Permit Application.

The city shall deny the application if it finds that any of the following exist:

Subject to the other requirements of this Chapter and the Facility Use Policy, grounds for denial of Facility Use Applications include, but are not limited to:

A. That the proposed event or activity is of a size or nature that will entail unusual expense to the City or will require special police operations; B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed event or activity of the terms and conditions of such Facility Use Permit;
C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the City;
D. That the applicant refused to agree in writing to comply with all lawful conditions of the Facility Use Permit;
E. That the applicant failed to file a timely application twenty-one (21) business days before the event) in accordance with the provisions contained in this Chapter and the Facility Use Policy; or 7 F. That the applicant failed to adequately specify and inform the City of all the information required for processing of their Facility Use Permit application.

SECTION 9. Section 12.20.090 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.090 - Fees and Deposits.

Every applicant for an exclusive a Faciltiy Use Permit shall pay all applicable fees and deposits as set by resolution of the city council. contained in the Facility Use Policy. Any refunds of fees or deposits shall be processed in accordance with the Facility Use Policy.

SECTION 10. Section 12.20.100 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.100 - Violations.

Any violation of the restrictions in this Chapter, the Facility Use Policy, conditions upon of an exclusive Facility Use Permit, provisions of a promoter's agreement, or established park facility rule, shall be an infraction. Where a Facility Use Permit is violated, the following penalties also apply:

A. Minor Violations. Minor violations include any violations of the Facility Use Policy. Penalties for minor violations include:

1. First Offense. Written warning to the group or individual and restitution for damages and costs to the City, if
applicable.

2. Second Offense. One-day (or one event day)
suspension of any existing Facility Use Permit(s) and
restitution for damages and costs to the City, if
applicable.

3. Third Offense. Three-day (or three event days)
suspension of any existing Facility Use Permit(s) and
restitution for damages and costs to the City, if
applicable.

4. Subsequent Offenses. One week (or five event days)
suspension of any existing Facility Use Permit(s) and
restitution for damages and costs to the City, if
applicable.
8 B. Major Violations. Major violations include any use or the presence of unauthorized alcohol, drugs, and/or fighting at any event. Penalties for major violations include:

1. First Offense. One-month suspension of any existing
Facility Use Permit(s) and restitution for damages and
costs to the City, if applicable.

2. Second Offense. Three-month suspension of any
existing Facility Use Permit(s) and restitution for
damages and costs to the City, if applicable.

3. Third Offense. Termination of any existing Facility Use Permit(s), loss of future facility use privileges, and
restitution for damages and costs to the City, if
applicable.

SECTION 11. Section 12.20.110 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.110 - Indemnity and Financial Responsibility.

A. All Permittees shall be responsible for all costs and damages to Cityowned facilities, equipment, and property. If additional maintenance is required (in excess of regular City maintenance services) after a Permittee’s event or activity, the Permittee shall be responsible to pay restitution to the City for all damages and costs incurred. The City shall not be responsible or otherwise liable for accidents, injuries, losses, or damages to property, individuals, or groups using City-owned fields and facilities. Permittees shall be held responsible and liable for all actions, accidents, injuries, losses, or damages to property, individuals, or groups caused by the event or activity or any of the participants, guests, or attendees of said event or activity.

All permittees shall provide the City with an original Certificate of Insurance providing proof of the following: persons to whom an exclusive use permit has been granted must provide the city with certificates of insurance evidencing liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than five hundred dollars ($500.00), and which shall specify the city and the applicant as named insureds. The certificate of insurance shall be filed with the city at the time of application for an exclusive use permit. Failure to submit the certificate with the application will result in immediate and automatic rejection of the application.
9 1. Public liability and property damage insurance coverage with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00);

2. The Permittee must be a named insured on the policy;

3. The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured on the policy; and

4. The policy’s insurance coverage shall be maintained
throughout the duration of the Facility Use Permit.

B. Permittees shall submit all required Certificates of Insurance and endorsements to Mendota City Hall, Attn: City Clerk, located at 643 Quince Street, Mendota, CA 93640, at least five (5) calendar days prior to the activity or event.

C. By submitting a Facility Use Application and using the City’s facilities, the Permittee and each attendee or participant agrees to hold the City of Mendota harmless and free from any and all liabilities of any kind resulting from the use of City-owned facilities (including reimbursement of all legal costs and fees incurred in defense of such claims).

SECTION 12. Section 12.20.120 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.120 - Exclusive Use of Facilities.

The City's park and recreation facilities parks, recreation areas, buildings, or facilities may be made available for the exclusive use of persons and groups subject to the issuance of a Facility Use Permit as provided in this Chapter and the Facility Use Policy:

A. Permits for the exclusive use of any City-owned park, recreation area, building, or facility for which an admission fee will be charged shall be subject to review by the City Council, and special fees may be assessed.

B. Events sponsored by the City shall not be subject to the provisions of this section.

C. Exclusive use permits Facility Use Permit applicants must meet all conditions listed in this Chapter, the Facility Use Policy, and the conditions of approval listed in an issued Facility Use Permit. 10 D. The City reserves the right to enforce additional Facility Use Permit requirements as outlined in the Facility Use Policy, as amended by Resolution of the City Council from time to time.

SECTION 13. Section 12.20.130 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.130 - Hours of Operation.

All public parks, facilities, buildings, and recreation facilities shall be closed to the public between the hours of 11:00 p.m. and 7:00 a.m. unless their use during such time is authorized by a special permit issued by the city council Facility Use Permit.

SECTION 14. Section 12.20.240 of Chapter 12.20 of Title 12 of the Mendota Municipal Code is hereby amended to read as follows:

12.20.240 - Use of Amplified Sound.

The use of any system for amplifying sounds, whether for speech, music, or otherwise, is prohibited in any City-owned park, recreation area, building, or facility unless pursuant to an exclusive use permit a Facility Use Permit that authorizes the use of such amplification system.

SECTION 15. Severability. If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance, as if such invalid portion thereof had been deleted.

SECTION 16. The City Council hereby finds and determines that its adoption of this Ordinance is not subject to environmental review under the Public Resources Code, § 21000 et seq., the California Environmental Quality Act (“CEQA”), because the amendments do not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and therefore are not considered a “project” under CEQA. (Pub. Res.

Code, § 21065; 14 Cal. Code Regs., §§ 15378(a), 15064(d)(3).) Accordingly, the City Clerk is hereby directed to file a Notice of Exemption.

SECTION 17. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law.

SECTION 18. This Ordinance shall become effective at midnight on the 31st day following its adoption.
* * * * * * * * * *
11 The foregoing ordinance was introduced on the 14th day of May, 2024, and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the 28th day of May, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Victor Martinez, Mayor
ATTEST:
______________________________
Celeste Cabrera-Garcia, City Clerk
APPROVED AS TO FORM:
______________________________
John Kinsey, City Attorney
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 24-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING

THE FACILITY USE POLICY FOR CITY FACILITIES
WHEREAS, pursuant to the authority granted to the City of Mendota (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public health, public morals, or public safety; and WHEREAS, the City has invested substantial funds and work into building and maintaining its facilities, parks and recreation areas to promote the public health and satisfaction of its citizens; and
WHEREAS, as the City continues to grow and requests for exclusive use of City facilities continues to increase, it is imperative that the City Council implement a Facility Use Policy (the “Policy”); and
WHEREAS, the Policy is intended to outline the procedures and regulations associated with requesting exclusive use of City facilities and carrying out approved uses, as well as provide enforcement procedures to ensure the equitable use and proper maintenance of City facilities, parks and recreation areas.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the City Council approves the Facility Use Policy for City of Mendota Facilities, as attached hereto as Exhibit “A”. This Facility Use Policy shall become effective at the same time Ordinance No. 24-01 goes into effect. ______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
Policy No. 24-02
1 FACILITY USE POLICY

1. PURPOSE:

The goal for the City of Mendota (“City”) is to promote the full use of City facilities, including parks, athletic fields, playgrounds, etc. The purpose of this Facility Use Policy (“Policy”) is to outline the City of Mendota (“City”) procedures for the use of City facilities by outside organizations, businesses, and individuals. This policy has been established to assure that the fields are utilized for recreational, cultural, educational, social and community service functions that meet the needs of the community, as well as, set clear policies, procedures, and regulations for such uses.

2. DEFINITIONS:

The following words and phrases, whenever used in this Policy, shall be construed as defined in this section:
“Adult” status is defined as persons 13 years of age or older. “Athletic Facilities” means any fields or facilities that are designated or are proposed to be used for sports. "Amplified music" means music projected and transmitted by electronic equipment, including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. "Amplified speech" means speech projected and transmitted by electronic equipment including amplifiers, the total output of which, including the sum of the wattage output of each channel, exceeds twenty-five (25) watts. “Applicant” means individuals, associations, partnerships, corporations, and other legal entities who intend to or have submitted a City Facility Use Permit Application.
“Basic Services” are defined as the maintenance of safe, clean, attractive parks and buildings and the provision of recreation service for the general public. Basic Services preserve and promote physical and mental wellbeing and will continue to be supported by taxpayer resources.

Examples of basic services
• Free play in playgrounds
• Use of City parks or open space for passive use
• General park and recreation administration services
• Park and recreation facility development
Examples of basic facilities
• Unscheduled, unlighted, unmarked baseball/softball/soccer/utility/football fields • Unscheduled outdoor basketball facilities
• Unscheduled tennis courts
• Unreserved picnic tables and shelters
• Parks and playgrounds
• Parking lots for general facility use
• Trails, paths, and restrooms
• Open Space
Policy No. 24-02
2 "Benefit to the community" means the amount of money that will be gained by a Mendota-based nonprofit organization for use in furthering athletic, recreational, cultural, educational, or charitable activities in the City. “Conditions of Approval” means any terms that the City imposes on the Permittee and Facility Use Permit that must be met in order for the use of the facility to occur and continue to occur. “Event” means any pre-advertised gathering or assembly of any Persons. “Facility(ies)” means any City-owned structure, grounds, Athletic Facilities, parks, and public areas. "Facility Use Permit Application" means the application that is completed by an Applicant to request exclusive use of a Cityowned facility as provided for in this Policy. "Facility Use Permit" means a written authorization issued by the City for exclusive use of a City-owned facility as provided for in this Policy.
“Non-Profit Organization” is defined as an organization that meets all of the criteria as identified by the Internal Revenue Service. The organization must be registered as a not-for-profit corporation by the State of California. If the organization is not registered with the State, they must have a constitution, set of bylaws, or mission statement which clearly states the objectives of the organization are of a non-profit, non-commercial nature. “Permittee” means individuals, associations, partnerships, corporations, and other legal entities who have been approved to use a City-owned facility and have been issued written authorization by the City for exclusive use of a City-owned facility.

Once a Facility Use Permit is granted by the City, the Applicant will be referred to as a Permittee. "Persons" means individuals, associations, partnerships, corporations, and other legal entities. “Priority Group Classification” means the designation level of priority for Applicants. “Resident” status is defined as groups or organizations comprised of at least 90% of Mendota residents as established by the boundaries of the Mendota Unified School District. Team rosters and/or individual participant photo ID may be required by City staff to verify residency status.
“Special Services” are defined as services where revenues are necessary to support continued use. By this definition, individuals can expect to pay a fee for the privilege of using the fields and facilities to the exclusion of others and without interference.

Examples of special fields/facilities/services
• Use of electricity for special events
• Schedules/reserved use of indoor facilities (gyms, meeting rooms, courts, etc.) • Lighted baseball/softball/soccer/utility/football fields • Maintenance necessary for sports programs (Field striping, Infield drag, etc.) • Use of parks for special events
• Reserved picnic tables and shelters
“Youth” status is defined as persons 12 years of age or under.

Policy No. 24-02
3 3. FACILITY USE PERMIT REQUIRED
In accordance with Mendota Municipal Code Chapter (“MMC”) 12.20, Applicants who plan on or intend to use a City Facility for any pre-advertised Event or hold an Event that consists of a group of twenty-five (25) or more Persons, are required to obtain a Facility Use Permit prior to said use. Any and all Events held on City Facilities must be conducted in compliance with the MMC and the City’s Facility Use Policy.

4. PRIORITY GROUP CLASSIFICATIONS
Priority use of Facilities will be allocated as follows:

Group 1: City sponsored or co-sponsored events. City youth/adult athletic programs and/or leagues.

Group 2: Local non-profit youth or not-for-profit youth organizations. Organizations must be based in the City. Must have a majority of Mendota resident participants. Conduct open registration regardless of skill level. Operate through volunteer coaches and administrators. Provide an “everyone plays” philosophy.

Group 3: Local non-profit organizations that are not specifically youth related and serve the general public.

Organizations must be based in the City.

Group 4: Local general youth, adults, and private events. This group also includes local profit organizations holding events (tournaments, clinics and/or camps with individual or team participation fees) to generate profit for private use.

Group 5: Non-local general youth, adults, and private events. This group also includes non-local non-profit organizations and non-local for-profit organizations holding events (tournaments, clinics and/or camps with individual or team participation fees) to generate profit for private use.

5. FACILITY ALLOCATIONS
The City will approve and issue Facility Use Permits in accordance with the Priority Group Classifications outlined in Section 5 of this Policy. Any conflicting Facility Use Applications will be addressed through the procedures outlined in Subsection 5.1.

5.1. Conflicting Facility Use Applications. Should the City receive Facility Use Applications requesting conflicting dates and/or times, the following procedures will apply:

5.1.1. The City will issue the Facility Use Permit to the Applicant with the highest Priority Group Classification as described in Section 4 of this Policy.

5.1.2. If the Applicants have the same Priority Group Classification, the requested dates and/or times will be divided amongst the Applicants depending on the number of participants for each Event. Each Applicant must provide documentation demonstrating total number of Event participants/registrants or estimated number of Event participants.

5.1.2.1. For Facility Use Applications for Athletic Facilities or Athletic Use of a Facility, Fields will be allocated to Applicants based on the percentage of verifiable total participants in relation to all teams. The total number of organization participants will be divided by the minimum roster size for each sport to determine the total number of teams in each organization. Applicants must provide their rosters to the City by the Policy No. 24-02
4 deadline established by the City in order to determine field allocations. If an Applicant does not submit their rosters to the City by the deadline, they will be assigned any available allocations following allocation assignments.

Example for Athletic Field Allocation Procedure for Conflicting Requests Minimum Roster Sizes
Soccer: 14 (regulation) or 10 (U10 & Below) Baseball/Softball: 12 An example of this would be:

Baseball Group A has 360 participants 360 divided by 12 equals 30 teams Baseball Group B has 240 participants 240 divided by 12 equals 20 teams 30 plus 20 equals 50 teams
30 divided by 50 equals 60.00% of allocation for Group A 20 divided by 50 equals 40.00% of allocation for Group B

5.1.3. If the Applicants all demonstrate an equal amount of Event participants or are unable to provide documentation of total number of Event participants/registrants or estimated number of Event participants, the City Manager, or their designee, will issue the Facility Use Permit to the Event which will provide the most overall benefit to the community.

6. RESTRICTIONS ON FACILITY AVAILABILITY
In order to ensure that all City facilities are adequately maintained and remain in proper condition, the City has established pre-determined facility availability restrictions on athletic facilities. However, the City reserves the right to impose additional availability restrictions on any facilities, as deemed necessary, to allow for maintenance and repairs. The pre-determined facility availability restrictions described in subsections 6.1 only apply to City baseball, softball, and soccer fields. The City also reserves the right to modify the pre-determined facility availability restrictions and extend such restrictions on any City facilities.

6.1. Availability of Athletic Facilities.

6.1.1.Yearly Availability. In order to allow for seasonal turf recovery and field/facility maintenance the City has established the following availability for its Athletic Facilities for the year. No Facility Use Permits will be granted for the duration that athletic fields are closed as shown below.

6.1.2. Weekly Availability. In order to allow for weekly field and facility maintenance the City has established the following availability for its Athletic Facilities for the week. No Facility Use Permits will be granted for the duration that those athletic fields are closed as shown below.

Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields Closed Fields Available (Weekly Restrictions Still Apply) Fields Closed
Policy No. 24-02
5 6.1.2.1. Availability of Baseball Fields.

6.1.2.2. Availability of Soccer Fields.

6.1.3.Hourly Restrictions. In order to minimize daily impacts to the Athletic Facilities and to preserve their conditions, the City has established the following hourly usage restrictions.

6.1.3.1. Adult Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by adults is limited to a five (5) hour facility usage to reduce the more significant wear and tear on facilities that is associated with adult sports. This allotted time must also include any field preparation, practices/games, and clean-up. If a Facility Use Permit is granted for use of an athletic field by adults, no other Facility Use Permit will be granted for that same day, unless the secondary (and any subsequent) use is solely by youth.

Any events that anticipate or plan to exceed the hourly restrictions (including tournaments) for Sports Fields will be considered on a case-by-case basis by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the City Manager, or their designee.

6.1.3.2. Youth Use of Athletic Facilities. Any Event involving the use of any City Athletic Facilities by only youth is not subject to an hourly restriction. If an Event involves the use of the athletic field by a combination of youth and adults, the adult hourly restriction outlined in Subsection 6.1.3.1 will apply.

7. TYPES OF FACILITY USE PERMITS
To ensure equitable use of City Facilities by all interested Persons, the City issues two (2) types of Facility Use Permits: a short-term use permit and a long-term use permit. The intended purpose for each type of Facility Use Permit is as follows:

7.1. Short-term Facility Use Permit. A Short-term Facility Use Permit is issued for any Event lasting a minimum of one (1) day but no longer than seven (7) calendar days. Short-term Facility Use Applications will be accepted and processed by the City year-round on a calendar year basis, and the approval of said Permits are contingent upon the availability of the requested Facility(ies). Applicants are encouraged to submit any Short-term Facility Use Permits as early in the year as possible to ensure that the desired Event dates are secured.

7.1.1. Short-term Facility Use Permit for Events Exceeding the Hourly Restrictions for Athletic Facilities. Any Short-term Facility Use Permit Applications for events that anticipate or plan to exceed the hourly restrictions for Athletic Facilities (including tournaments) will be considered on a case-by-case basis. Said Applications will be considered by the Mendota Recreation Commission at a public meeting of the body. If the Recreation Commission is unable to meet to consider the Application, the Application may be considered administratively by the city Manager, or their designee.

7.2. Long-term Facility Use Permit. A Long-term Facility Use Permit is issued for any Event lasting a minimum of eight (8) calendar days but no longer than three (3) months. The City will accept and process Facility Use Applications in accordance with the following procedures depending on the type of Facility(ies) being requested.

Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Until
4pm
Fields Available
Mon Tues Wed Thurs Fri Sat Sun
Fields Closed Fields Available
Policy No. 24-02
6 7.2.1.Long-term Facility Use Permit – For Non-Athletic Purposes. Any Long-term Facility Use Applications requesting use of a City non-athletic facility or for a use that is not athletic-related may be submitted to the City at any time of the year, but the requested use may not be longer than three (3) months. If the Applicant wishes to utilize the facility for a period longer than three (3) months, a new Facility Use Application must be submitted prior to the conclusion of each term.

7.2.2.Long-term Facility Use Permit – For Athletic Purposes. Long-term Facility Use Applications requesting use of a City Athletic Field or use of a Facility for an athletic use will be considered and approved on a quarterly basis in accordance with the Field Maintenance Calendar shown in Subsection 7.2.3 of this Policy. Long-term Facility Use Applications for each quarter must be submitted no later than the dates specified below in Subsection 7.2.4.

7.2.2.1. Long-term Facility Use Permit Quarters for Athletic Purposes.

7.2.2.2. Deadlines to Submit Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3. Additional Considerations Regarding Long-term Facility Use Applications for Athletic Purposes.

7.2.2.3.1. Should the City receive a Facility Use Permit Application for Athletic Purposes during any given quarter and the requested Facility(ies) are available, the Facility Use Permit will only be granted for use of the Facility for the remainder of the quarter.

7.2.2.3.2. The City reserves the right to modify or cancel the facility use quarters outlined in Subsection

7.2.2.1 for any reason deemed necessary by the City including, but not limited to, inclement weather, poor Facility conditions, the need for additional Facility maintenance or field recovery.

7.3. Additional Considerations Regarding Types of Permits.

7.3.1. Any Short-term Facility Use Applications requesting use of a Facility that has an already approved/existing Long-term Facility Us Permit will only be granted if the City and the existing Permittee are able to accommodate the short-term request. If the City and existing Permittee are unable to accommodate the short-term request, that request will be denied.

8. PROCESS FOR OBTAINING A FACILITY USE PERMIT

8.1. Applying for a Facility Use Permit.

Jan Feb March April May June July Aug Sept Oct Nov Dec
Fields
Closed
Quarter 1 Quarter 2 Quarter 3 Fields
Closed
Quarter Deadline to Submit Application
Quarter 1 February 1 by 5pm
Quarter 2 May 1 by 5pm
Quarter 3 August 1 by 5pm
Policy No. 24-02
7 To request use of a Facility, Applicants must complete the City’s Facility Use Application which can be found on the City’s website at www.cityofmendota.com, by calling City Hall at (559) 655-3291 and requesting an electronic copy, or by visiting Mendota City Hall located at 643 Quince Street, Mendota, CA 93640.

All Facility Use Applications must be submitted in accordance with Section 7 of this Policy, depending on whether the requested use is for a short-term or long-term period. Applicants must ensure to complete the Application in its entirety prior to submittal. All Facility Use Applications must be submitted no later than 15 business days prior to the Event, unless otherwise noted in Section 7.

Applications may be submitted in-person at Mendota City Hall located at 643 Quince Street, Mendota, CA 93640, via fax at (559) 655-4064, or electronically (please contact Mendota City Hall at (559) 655-3291 to request the email address to send the application). The City will confirm receipt of any Applications received.

8.2. Application Processing

8.2.1.Administrative Review. The City will review and process Facility Use Applications in the order in which they are received and in accordance with the provisions contained in this Policy. If additional information is needed for the Application, the City will contact the Applicant. Facility Use Applications will be processed administratively and will be considered by the City Manager, or their designee(s). Any Facility Use Application involving unique circumstances may be reviewed by the City Council.

8.2.2. Action on Facility Use Application. No later than 15 business days following the City’s acceptance of a Facility Use Application, the Applicant will be notified via US Mail or email whether the application was approved or denied.

8.2.2.1. Application Approved. If the application is approved, the Applicant will be provided a copy of the Facility Use Permit, which lists the Conditions of Approval. Once the Facility Use Permit is issued by the City, the Applicant will be considered a Permittee. Permittees must satisfy all Conditions of Approval listed in the Facility Use Permit and as required by this Policy and the MMC.

8.2.2.2. Application Denied. If the application is denied, the Applicant will be provided a letter stating the reason(s) for denial. Reasons for denial of any Facility Use Application may include but are not limited to the following.

A. That the proposed Event/Activity is of a size or nature that will entail unusual expense to the City or will require special police operations.

B. That the applicant has failed to agree to provide a reasonable means of informing all the persons participating in the proposed Event/Activity of the terms and conditions of such permit.

C. That the proposed activity or use will unreasonably interfere with or detract from the promotion of public health, welfare, safety, or recreational activities in the City.

D. That the Applicant refused to agree in writing to comply with all lawful conditions of the permit.

E. That the Applicant failed to file a timely application in accordance with the provisions contained in this Policy and the MMC.

F. That the application failed to adequately specify and inform the City of all the information pertinent to the Event/Activity to the satisfaction of the City.

9. CONDITIONS OF APPROVAL
To ensure the health, safety, and security of the Permittee, the Event/Activity participants, City officer and employees, and the Facilities, the City will impose Conditions of Approval on the Permittee and Facility Use Permit. The Permittee, and any Policy No. 24-02
8 persons acting on behalf of the Permittee, and any Event/Activity participants must comply with the Conditions of Approval (both general and specific conditions) for the Facility Use Permit in order to effectuate the permit.

9.1. General Conditions of Approval. All Facility Use Permits will be subject to the City’s General Conditions of Approval as follows. The City reserves the right to amend this list of general conditions as it deems necessary.

9.1.1.Liability Insurance. Permittees shall be responsible for any and all damage to City premises, equipment, and property. If additional maintenance is required (in excess of normal services/time) after an Event/Activity, the Permittee will be charged accordingly. The City is not responsible for accidents, injuries, or loss/damage to property of individuals/groups using the public fields and facilities. The Permittee will be held responsible for all actions, behavior and damages caused by the Event/Activity participants/guests/attendees. All Permittees will be required to provide the City with an original Certificate of Insurance providing proof of the following coverage:
• Public liability and property damage limits with a combined single limit of not less than one million dollars ($1,000,000.00), with a deductible of no more than ($500.00). • The Permittee must be a name insured.
• The City of Mendota (643 Quince Street, Mendota, CA 93640) must be named as additionally insured. • The coverage shall be maintained throughout the duration of the Facility Use Permit.

The Permittee must submit the Certificate of Insurance and endorsements to Mendota City Hall, Attn: City Clerk, located at 643 Quince Street, Mendota, CA 93640 a minimum of five (5) days prior to the event.

By submitting a Facility Use Application and using the Facilities, the Permittee and any Event/Activity attendees and Participants agree to hold the City of Mendota harmless and free from all liability of any kind resulting from the use of City facilities (to include the reimbursement of any legal costs and fees incurred in defense of such claims).

9.1.2. Key-check Out Form. Permittees are required to complete a key-check out form (if applicable) prior to checking out the key to the Facility and abide by its terms and conditions. The key to the facility will be provided to the applicant on the dates listed in the Facility Use Permit.

9.1.3. Permits and Licenses. Permittees must obtain all necessary permits and licenses (included but not limited to permits and licenses required by the County of Fresno and the City of Mendota, and any additional required by local, state, and federal law) to sell food and non-food products for any and all vendors. Said permits and licenses must remain on the premises and accessible for inspection during the sale of such products.

9.1.4. Maintenance of Facilities. Permittees must maintain the Facility(ies) based on their use and immediately report any observed problems, whether or not caused directly by their use, to Mendota City Hall or the City’s designated employee. Permittees must also comply with the following provisions regarding maintenance.

9.1.4.1. General Upkeep. Permittees must clean up the Facilities after each use. This includes, but is not limited to, picking up trash, emptying trash cans and placing the trash bags in the City’s trash bins, cleaning the area of any spills or seeds, etc.

9.1.4.2. Restrooms. Some Facilities have public restrooms which may be utilized. Permittees will be held responsible for the upkeep and maintenance of the restroom Facility during the course of their event. If a Permittee is required to or chooses to use portable restrooms for their Event/Activity, arrangements must be made with the City. Permittee must contact the City of Mendota at least one week prior to the event for location approval. In addition, Permittees must arrange for and pay all fees directly with the restroom vendor.

9.1.4.3. Lights. Lights are available at some athletic fields and must be requested by the Permittee. Lights Policy No. 24-02
9 will be turned on/off by City staff.

9.1.5. Alcohol Sale and/or Consumption. Permittees will not permit the sale and/or consumption of alcohol on the Facility(ies) unless previously approved by the City. If the sale and/or consumption of alcohol is approved by the City, the Permittee must obtain a license from the State of California Department of Alcoholic Beverage Control and provide a copy of said license to the City no later than five (5) days prior to the start of the Event/Activity.

9.1.6. Compliance with Approved Dates/Time for Facility Use. Permittees will be required to provide schedules to show that all of the allocated Facilities are being utilized. If an allocated Facility is not utilized by the designated Permittee a total of three (3) times during the dates/times specified in a Facility Use Permit, the approved use will be forfeited, and the Facility will become available for reassignment. Permittees will be notified by City staff when it has been determined a Facility is not being used (and prior to forfeiture). Additionally, when Facility Use Permits are issued, the Facility is reserved for the Permittee, to the exclusion of others. Permittees may not assign their scheduled time to other groups. Any such action shall result in the loss of facility use privileges. Recognizing this exclusivity, groups should only reserve the fields they intend to use. Field users must notify the City to report any reserved time that can be released for use of others.

9.1.7.Safety and Security. Depending on the nature of the Event, the Permittee may be required to obtain security or police services. Permittees may also be required to obtain standby ambulance and fire safety services. The Permittee is responsible for any and all expenses or costs related to the safety and security services.

9.1.8. City Personnel. If the City determines that City personnel are required for an Event, they will be assigned. Any resulting expenses or costs will be billed to the Permittee.

9.1.9.Fees and Deposits. Permittees must pay for the fees and deposits required for the use of the Facilities as detailed in the Facility Use Permit, this Policy, and as demonstrated in Exhibit “A” and in accordance with Section 10 of this Policy.

9.1.10. Accommodation of Other Requests. Permittee will work with the City and make their best efforts to accommodate any additional organizations that may need to use the Facility(ies) on the days and times (for short-term Events/Activities) that it is being used by the Permittee.

9.2. Special Conditions of Approval. Certain Events/Activities require special Conditions of Approval that are specifically related to the Permittee, the Event/Activity, or type of use. The following are special Conditions of Approval that the City may impose, depending on the use. The City reserves the right to amend this list of special conditions or impose other special conditions on Facility Use Permits as it deems necessary.

9.2.1. Additional Forms. Depending on the type of Event/Activity that will be held, permittees may be required to complete additional forms or obtain additional permits, including but not limited to a: noise permit, public dance permit, encroachment permit, bingo permit, etc.

9.2.2.Special Conditions for Athletic Fields/Athletic Use

9.2.2.1. Athletic Field Preparation and Maintenance. Athletic Field Lining or Marking. Line marking (with chalk or paint) of City athletic fields is permitted. Burning lines of City athletic fields Facilities is prohibited.

Dragging, raking, etc. of the baseball fields must be complete with the permission of the City.

9.2.2.2. Equipment Regulations. The use of cleats with metal spikes at City Facilities is strictly prohibited.

Policy No. 24-02
10 9.2.2.3. Athletic Field Use Rules and Regulations Form. In addition to the City Facility Use Application, a signed copy of the City’s Athletic Field Use Rules and Regulations Form is required. Applicants are required to abide by specific rules and regulations contained in the form. Failure to comply may result in the retention of the Permittee’s deposit, and/or assessment of penalties as described in Section 11.6.

9.2.2.4. Tournaments. Tournaments hosted by for-profit Permittees will be required to pay a vendor fee for each vendor ($50/vendor) as outlined in the Facility Use Fee Schedule. Tournaments hosted by non-profit Organizations do not have to pay a vendor fee. All vendors will be required to obtain a City business license and any other permits and licenses required by the City and this Policy.

9.3. Failure to Satisfy Conditions of Approval. Failure by the Permittee to satisfy all conditions of approval prior to the start of the planned Event/ Activity will result in the forfeiture of the Facility Use Permit. The Permittee will be required to resubmit a Facility Use Application.

10. FACILITY USE FEES AND DEPOSITS.

10.1. Purpose of Facility Use Fee Schedule. As the City continues to grow and facilities age, the City must develop a financial system to support our community investment while maintaining the high level of service we currently provide. The City will continue to provide basic services funded entirely by general taxpayers; however, those benefiting from special services (which create additional City expenses) must contribute financially. The City acknowledges that the community benefits when youth/adults are engaged in sports activities. The Facility Use Fee Schedule associated with the use of City Facilities is intended for the participants to supplement, rather that supplant the investment of the general taxpayers. The Facility Use Fee Schedule strives to:
• Amortize the capital investment and cover maintenance/operational costs of a field. • Pay for and augment operation/maintenance costs for a field where tax appropriations support the basic service.
• Control use of the field.
• Assess a portion of the costs of the field to users who may not be tax supporters. • Enable the Department to provide fields for which funds might not otherwise be available.

The primary goal of this purpose statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by the City.

10.2. Payment of Fees and Deposits Required. Permittees are required to pay the fees and deposits necessary prior to using the requested Facility(ies). The fees and deposits required for the facility use will be listed on the Facility Use Permit. Permittees must pay all fees and deposits prior to the use of the Facility(ies). If Permittees fail to pay all fees and deposits prior to the use of the Facility(ies), there will be a 10% late fee for each day fees are not paid. All future Facility Use Applications will not be allowed/approved until all fees are paid.

The City will assign the appropriate fees and deposits in accordance with the City’s Facility Use Fee Schedule (as attached hereto as Exhibit “A”), City Administrative Policy No. 2004.01 (Event Permit For Non-Profit Organizations), the City’s Administrative Policy regarding City Participation in Community Events, and any other applicable City fee schedules, policies, and procedures.

If a Permittee forfeits their approved used in accordance with subsection 9.1.6 of this Policy and elects to reapply for the use, the Permittee will be required to pay all deposits/fees once again. Any applicable deposits/fees will not carry over.

10.3. Refunds.

Policy No. 24-02
11 10.3.1. Refunds due to Cancellation of Event/Activity. For activities cancelled by the Permittee five (5) business days or more in advance, field user will be refunded 100% of fees paid. For activities cancelled by the field user less than five (5) business days in advance, field user will be refunded 50% of fees paid.

10.3.2. Refund of Deposit. Deposits will be refunded if the Permittee abides by this Policy, the Conditions of Approval listed in the Facility Use Permit, as well as all pertinent City codes. The deposit will not be refunded if the Permittee fails to abide by the aforementioned regulations or if damage is done to the Faciltiy(ies). If applicable, deposits will be refunded to the Permittee in the form of a check within 30 calendar days following the last day of the facility use. If the deposit will not be refunded (or a portion thereof), the City will notify the Permittee in writing with the reasons for which the deposit (or a portion thereof) is being withheld.

10.3.3. No Deposit Carry Over. Deposits may not be carried over. Permittees must submit deposits for each separate Facility Use Permit.

11. ADDITIONAL CONSIDERATIONS

11.1. City Closure of Facilities. The City reserves the right to set aside additional time during the year for turf recovery, improvement, and maintenance. Furthermore, the City reserves the right to cancel or suspend Facility Use Permits when field conditions could result in injury to players or cause damage to the Facilities. Permits may also be cancelled when the health and safety of participants are threatened due to impending conditions, including but not limited to, heavy rains, smog alerts or pesticide application.

11.2. Inclement Weather. During inclement weather, the City’s maintenance staff will assess the playability of all City Facilities, including sports fields, to determine if use will occur. The Director or designated representative shall have the authority to close any/all fields within the City.

11.2.1. Criteria for Establishing Fields Playability. The following information is the City’s procedures regarding the use of fields in wet conditions. These procedures apply to all sports and activities conducted on a grass field, turf area, or infield:

Baseball and Softball In-Fields
Infields will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the base paths
• Your feet slip as you walk through the infield
• The depth of your footprint is greater than one half inch • Any of the above conditions are present within the pitching area Soccer, Baseball and Softball Outfields – Turf
Outfields and turf area will be deemed unsafe and unplayable when any of the following conditions are present:
• There is standing water within the majority of a single playing position (playing positions will be determined based on the user group)
• Your feet suction to the ground as you walk within the majority of a single playing position • Your footprints fill with water in the majority of a single playing position • The depth of your footprint is greater than one inch in the majority of a single playing position • Grass can be easily dislodged from the fields during play Policy No. 24-02
12 The following procedures are to be followed regarding the use of fields when there has been rain, overwatering, or other serious weather conditions:
• If it has rained within the preceding 24 hours, Permittees scheduled to use public fields must call the City at (559) 655-3291. City personnel will make determination of field conditions/closures, and the decisions are not negotiable.
• The City may declare a field closed and reopening subject to a re-inspection. Conditions set forth as a result of there-inspection of the field should be evaluated by the Permittee at practice/game time for playability. The Permittee must employ the playability criteria used by City staff. • Permittees are expected to make educated, responsible decisions regarding field condition playability. The groups should employ the playability criteria used by City staff and take into consideration the current and future quality of the turf.
• Persons witnessing misuse of fields by other scheduled or unscheduled users are advised to contact the Mendota Police Department at (559) 600-3111 or Mendota City Hall at (559) 655-3291 (during regular working hours only).
• Misue/Use of Facility during wet conditions shall result in the assessments of penalties as described in Section 11.6 of this Policy. It is the Permittee’s responsibility to ensure that all coaches/parents understand and enforce this policy.

11.3. Facility Modifications. Requests to modify or improve any City field shall be submitted in writing to the City for review and consideration. No permanent structures or equipment shall be erected on City Facilities unless approved by the City and is dedicated for community use. Additionally, Permittees may not temporarily store their equipment or belongings in/at any City Facilities, unless approved by the City. A request to modify or improve a Facility does not constitute approval. Approval will be provided in the form of a written document and will outline the scope of the modifications as approved.

11.4. Turf Preservation. Cooperation is needed for the preservation of the turf of City Facilities by following these guidelines:
• Field use, especially practices, should be conducted in such a way that the action takes place on different sections of turf, thus reducing excessive turf damage in one area. Rotate use of areas, and when possible, stay off fringe or bare areas to limit erosion and further damage. • Replace turf divots at end of each day to help re-root grass. • No tarps or material which may damage the grass may be placed on the turf. Any turf coverings used must be made of breathable material.
• Do not use fields during or after heavy rain, or when wet or muddy (see inclement weather policy). • Soccer practices are not to be held on the infield area of a softball or baseball diamond. • Remove all equipment at the conclusion of each day.
• Do not overcrowd fields by scheduling multiple games in areas reserved. Allow a distance between fields for safe passage of spectators and participants.
• Report hazards to Mendota City Hall at (559) 655-3291. • Report immediate emergencies (broken water lines, gushing sprinkler heads, etc.) to the City’s designated employee. When calling, be prepared to fully identify yourself, your location (park/school), and the specific nature of the emergency so that staff can bring the appropriate repair equipment. • Do not drive or park cars, motorcycles, or other motorized vehicles on turf areas, unless given written authorization by the City.

11.5. Permit Cancellation. The City reserves the right to cancel any Facility Use Permits for any of the following reasons:
• It conflicts with any City sponsored league, program, activity or event Policy No. 24-02
13 • Maintenance needs/issues
• Overuse of a field
• Unsafe conditions
In these cases, all attempts will be made to provide advance notice and to schedule an alternate location. In the event of an emergency, when only short or no notice can be afforded, groups must cooperate with the cancellation so as not to risk loss of facility use privileges. If there are no alternate Facilities to accommodate the use, the City is not obligated to provide an alternate solution.

11.6. Penalties for Facility Use Permit Violations
The City utilizes two separate penalty procedures for Facility Use Permit Violations, depending on the severity of the violation.

11.6.1. Minor Violations. Minor violations include any violations of this Policy. Penalties for minor violations include:

First Offense: Written warning to the user group/individual and restitution for damages/costs, if applicable.

Second Offense: One-day (or one Event day) suspension of any existing permits and restitution for damages/costs, if applicable.

Third Offense: Three-day (or three Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

Subsequent Offenses: One week (or five Event days) suspension of any existing permits and restitution for damages/costs, if applicable.

11.6.2. Major violations. Major violations include the use or presence of unauthorized alcohol, drugs, and the occurrence of fights at any event. Penalties for major violations include:

First Offense: One-month suspension of any existing permits and restitution for damages/costs, if applicable.

Second Offense: Three-month suspension of any existing permits and restitution for damages/costs, if applicable.

Third Offense: Termination of any existing permits, loss of future facility use privileges and restitution for damages/costs if applicable.

Policy No. 24-02
14 EXHIBIT “A”
Policy No. 24-02
15 FEE SCHEDULE FOR THE USE OF CITY OF MENDOTA FACILITIES

ATHLETIC FIELDS/ATHLETIC FACILITIES/USE OF FACILITY FOR ATHLETIC USE

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Use of Field (Private Party)* $200.00 per
league/tournament
Use of Field (Youth and/or Non-Profit)* No Fee
Concession Stand (All Parties) $25.00 per
league/tournament
Tournament Vendor Fee (Private
Party/For Profit)
$50.00 per vendor
Tournament Vendor Fee (Non-Profit) No Fee

DEPOSIT
General Deposit** $250 per
league/tournament
*Includes use of the scoreboard, electricity, and restrooms. **Deposit is refundable upon completion of the facility use if all Facility Use Permit conditions are met

WILLIAM ROBERT JOHNSTON MUNICIPAL AIRPORT

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Use of Facility (Private Party) $500.00 per
application/use
Use of Facility (Youth and/or NonProfit)No Fee

DEPOSITS
General Deposit* $500.00 per
application/use
Key Checkout Deposit* $50.00 per
application/use
*Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
Policy No. 24-02
16 ROJAS-PIERCE PARK

FEE DESCRIPTION FEE TOTAL

FACILITY USE FEES
Main Pavilion & BBQ Pit* $350.00
Concession Stand* $175.00
Small Pavilion $125.00

DEPOSITS
Main Pavilion & BBQ Pit Deposit** $300.00
Concession Stand Deposit** $150.00
Small Pavilion Deposit** $150.00
Key Deposit (if applicable)** $50.00
*Includes electricity
**Deposits are refundable upon completion of the facility use if all Facility Use Permit conditions are met
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
BY: SARA ALLINDER, AICP, CONTRACT PLANNER
SUBJECT: ZONING TEXT AMENDMENT TO MENDOTA MUNICIPAL CODE TITLE 17 DATE: MAY 28, 2024
ISSUE
Shall the City Council waive the second reading and adopt Ordinance No. 24-02, amending Mendota Municipal Code Title 17 to add and modify housing-related definitions, procedures, and regulated uses?

BACKGROUND
In 2016, the City adopted the 2015-2023 Housing Element, which included an evaluation of the City’s regulations and practices, and recommended programs to demonstrate compliance with State-mandated requirements related to housing. Of these programs, Program 5 was developed and adopted with the intention of modifying the zoning ordinance to not only come into compliance with State law but to minimize governmental constraints for a variety of housing options, especially housing for special needs groups. The City is also in the process of updating its 6th Cycle Housing Element for the 2023-2031 planning period, which includes a similar program requiring amendments to the City’s zoning ordinance for compliance with recent State legislation.

As a result, the City has initiated a Zoning Text Amendment (“ZTA”) to Title 17 of the City’s Municipal Code. This ZTA proposes to make the necessary modifications to implement the Housing Element, in addition to accommodating other housing-related regulations that have taken effect over the last several years. Accordingly, the Planning Commission is asked to review the proposed changes to Title 17 of the Mendota Municipal Code and make a recommendation to the City Council.

On April 3, 2024, the City of Mendota Planning Commission unanimously approved Resolution No. PC 24-02 recommending that the City Council approve an ordinance containing the amendments prescribed under the ZTA.

The public hearing regarding the ZTA was originally noticed and placed on the agenda for the City Council’s consideration at the regularly scheduled meeting on April 23, 2024, however it was continued by unanimous vote of the City Council to the City Council’s regularly scheduled meeting on May 14, 2024. The City Council held the public hearing for the item at the regularly scheduled meeting on May 14, 2024.
2 ANALYSIS
The proposed ZTA would add or clarify procedures, definitions, and use regulations for housingrelated uses in zones that allow for residential uses. The amendments proposed under the ZTA comply with State housing laws designed to reduce the amount of subjectivity and discretion that agencies, including the City, can impose on certain housing developments. A summary of the types of amendments reflected in the ZTA, included as Exhibit “A” to the attached Ordinance No. 24-02, follows:

Procedures. The following procedures have been updated or added to the zoning ordinance. Each of these procedures are required for compliance with specific State legislation. • Accessory Dwelling Units
• Affordable Housing Density Bonus
• Reasonable Accommodations
• Streamlined Ministerial Multifamily Processing (Senate Bill 35) • Preliminary Applications for Housing Development Projects Definitions. The following definitions have been added or amended to the zoning ordinance for consistency with State mandated requirements.
• Accessory Dwelling Units
• Emergency Shelters
• Family
• Group Homes, Small and Large
• Lot Area
• Low Barrier Navigation Centers
• Residential Care Facilities
• Single Room Occupancy
Allowed Uses. The following uses have been added as permitted or conditionally permitted uses within the noted zone districts.
• Permitted uses in Open Space and Recreation District (O) o Farmworker Housing
• Permitted uses in Residential Districts (R-A, R-1-A, R-1, R-2, R-3, R-3-A, MHP) o Accessory Dwelling Units
o Residential Care Facilities
o Transitional Housing
o Supportive Housing
o Mobile homes within MHP only
• Conditionally Permitted uses in Residential Districts (R-A, R-1-A, R-1, R-2, R-3, R-3-A) o Mobile Home Parks
• Permitted uses in the Central Business and Shopping District (C-3) o Single Room Occupancy
o Low Barrier Navigation Centers
o Emergency Shelters
3 o Accessory Dwelling Units
o Transitional and Supportive Housing
Development Standards. Modifications to the following development standards are proposed to be consistent with State law for regulating parking and the manner in which design standards may be applied to mobile or manufactured homes.
• Parking for Emergency Shelters
• Architectural Standards in R-1 and R-1-A Districts

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 an amendment to the zoning ordinance as described in CEQA Guidelines Section 15378(a)(1).

The ZTA does not authorize any particular activity. Any proposed future development would be subject to CEQA analysis if subject to discretionary approvals. Therefore, staff supports a finding consistent with CEQA Guidelines Section 15061(b)(3). Under this “common sense” rule, if it can be shown with certainty that the project does not have the potential to have a significant effect on the environment, and therefore it is not subject to further environmental review.

PUBLIC NOTICE
Notice of the public hearing was published in the April 12, 2024 edition of The Business Journal and was posted at City Hall and the City’s website. At its regularly scheduled meeting on April 23, 2024, the City Council unanimously voted to continue this public hearing to May 14, 2024.

FISCAL IMPACT
The City of Mendota was awarded an SB 2 Planning Grant through the Department of Housing and Community Development for the preparation of the ZTA documents. Staff and consultant time related to the ZTA is being funded by this Planning Grant with no direct fiscal impact to the City’s general fund. The ZTA may assist in the development of housing affordable to the residents of Mendota and allow the City to continue to pursue funding sources that require a compliant Housing Element.

RECOMMENDATION
Staff recommends that the City Council waive the second reading and adopt Ordinance No. 24- 02, amending Title 17 of the Mendota Municipal Code as described herein.

Attachment:

1. Ordinance No. 24-02, including proposed ordinance language as Exhibit “A” 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
ORDINANCE NO. 24-02

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MENDOTA AMENDING TITLE 17 OF THE MENDOTA MUNICIPAL CODE TO ADD AND MODIFY HOUSING

RELATED DEFINITIONS, PROCEDURES, AND REGULATED USES
WHEREAS, pursuant to the authority granted to the City of Mendota (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public health, the public morals, or public safety; and WHEREAS, comprehensive zoning regulations and regulations upon the use of land and property lie within the City’s police power; and WHEREAS, since 1969, with passage of the California Housing Element Law, all cities and counties within the State are required to provide detailed planning efforts to meet local housing needs in the form of a housing element of a general plan; and WHEREAS, in 1971 legislation was added to the California Housing Element Law requiring localities to follow guidelines for preparing housing elements set by the California Department of Housing and Community Development (“HCD”); and WHEREAS, HCD requires that localities develop and implement programs via the housing element to meet the housing goals of the State and affirmatively further fair housing practices within localities; and
WHEREAS, in 2016, the City of Mendota adopted its 5th Cycle Housing Element (2015-2023), which included an evaluation of the City’s regulations and practices, and recommended programs to demonstrate compliance with State-mandated requirements related to housing; and
WHEREAS, Program 5 of the City’s 5th Cycle Housing Element was developed and adopted with the intention of modifying the zoning ordinance to not only come into compliance with State law but to minimize governmental constraints for a variety of housing options, especially housing for special needs groups; and WHEREAS, the proposed amendments to Title 17 of the Mendota Municipal Code will have a positive impact on the City, help the City reach its housing goals set by the State, and would help to affirmatively further fair housing within the City.

NOW THEREFORE, the City Council of the City of Mendota does ordain as follows:
2 SECTION 1. Title 17 of the Mendota Municipal Code is hereby amended to read as contained in Exhibit “A”, attached hereto.

SECTION 2. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act, Public Resources Code, Section 21000, et seq. (“CEQA”), pursuant to Section 15060(c)(2) of the CEQA Guidelines, on the ground that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3) of the CEQA Guidelines, on the ground that the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Alternatively, the City Council finds the approval of this ordinance is not a project under Section 15061(b)(3) of the CEQA Guidelines because it has no potential for causing a significant effect on the environment.

SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Mendota hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and will see that it is published and posted in the manner required by law.

SECTION 5. This ordinance shall become effective and in full force at 12:00 midnight on the 31st day following its adoption.
3 * * * * * * * * * *
The foregoing ordinance was introduced on the 14th day of May, 2024, and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the 28th day of May, 2024, and its amendments are made retroactively effective as of the effective date of Ordinance No. 24-02, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Victor Martinez, Mayor
ATTEST:
__________________________
Celeste Cabrera-Garcia, City Clerk
APPROVED AS TO FORM:
__________________________
John Kinsey, City Attorney

EXHIBIT A
Mendota, California, Code of Ordinances
Title 17 ZONING
Mendota, California, Code of Ordinances Created: 2023-08-15 15:51:13 [EST] (Supp. No. 23)

Page 1 of 193 ends

Title 17
ZONING
Chapters:

Chapter 17.04 GENERAL PROVISIONS AND DEFINITIONS

17.04.010 Title adoption.

There is adopted and codified in this title a zoning ordinance for the city of Mendota, state of California, said zoning ordinance establishing regulations pertaining to uses of land and uses, locations, height, bulk, size and types of buildings in certain districts of the city, specifying said districts; providing for the administration and enforcement of such regulations and prescribing penalties for violations thereof. (Prior code § 13.01.001)

17.04.020 Purposes of title.

The zoning ordinance codified in this title is enacted to preserve and promote the public health, safety and welfare of the city and of the public generally and to facilitate development and expansion of the municipality in a precise and orderly manner. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:

A. To foster a workable, stable and beneficial relationship among land uses, so as to achieve progressively the arrangement depicted on the general plan;
B. To promote the stability of existing land uses which conform to the district in which they occur; C. To ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial from the standpoint of the city at large; D. To prevent excessive population densities and overcrowding of the land with structures; E. To promote a safe, effective traffic circulation system and the provision of adequate off-street parking and truck loading facilities;
F. To facilitate the appropriate location of community facilities and institutions; G. To coordinate policies and regulations of the city relating to the use of land with such policies and regulations of the county of Fresno in order to facilitate transition from county to municipal jurisdiction;
H. To protect agricultural producers in areas of planned urban expansion. (Prior code § 13.01.002)
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(Supp. No. 23)

Page 2 of 193 ends

17.04.030 Components of the zoning ordinance.

This zoning ordinance shall consist of a zoning map designating certain districts and these regulations, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the screening and landscaping of certain uses and structures, the areas and dimensions of sites and the provision of off-street parking and loading facilities.

A. The zoning map on file with the city clerk is made a part of this title by reference with the same force and effect as if the boundaries, notations, references and information shown on said map were specifically described in this title.

B. In order that zoning regulations be applied, all property in the city shall be considered to be classified in one of the districts established in this title, as approximately depicted on the official zoning map. (Prior code § 13.01.003)

17.04.040 Establishment of zoning districts.

The districts established by the zoning ordinance and depicted on the zoning map are hereby designated as follows:

O — Open space and recreation district;
R-A — Single-family residential/agricultural district;
R-1-A — Single-family/low density residential district. Minimum twelve thousand (12,000) square feet per lot;
R-1 — Single-family/medium density residential district. Minimum six thousand (6,000) square feet per lot;
R-2 — Medium/high density residential district. Minimum three thousand (3,000) square feet; R-3 — High density multiple family residential district. Minimum one thousand five hundred (1,500) square feet lot area per dwelling unit;
R-3-A — High density multiple family residential district — one story. Minimum one thousand five hundred (1,500) square feet lot area per dwelling unit; MHP — Mobilehome park district;
C-1 — Neighborhood shopping center district;
C-2 — Community shopping center district;
C-3 — Central business and shopping district;
S-C — Special commercial district;
M-1 — Light manufacturing district;
M-2 — Heavy manufacturing district;
P — Off-street parking district;
A-D — Airport development district;
UR — Urban reserve district;
P-F— Public facilities district;
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(Supp. No. 23)

Page 3 of 193 ends

PUD— Planned unit development district.
(Prior code § 13.01.004)

17.04.050 Determination of district boundaries.

Whenever any uncertainty exists as to the boundary of a district as shown on the zoning map, the following regulations shall control:

A. Where a boundary is indicated as a street, alley, railroad right-of-way, canal or other watercourse, the center line of such shall be considered to be the boundary line. In the event of abandonment, the property shall immediately become classified in the same district as the property adjoining the former street, alley, railroad right-of-way, canal or watercourse.

B. Where a boundary line is indicated as following a lot or property line, it shall be construed as coinciding with the property ownership line.

C. Where neither subsection A or B of this section applies, the boundary line shall be determined by the use of the scale designated on the zoning map.

D. If further uncertainty exists, the planning commission, upon written request or on its own motion, shall determine the location of the boundary in question.
(Prior code § 13.01.005)

17.04.060 Changes of district boundaries due to annexation.

A. Where property annexed to the city was previously in a particular zoning district of the county of Fresno, it may be retained in the similar city classification if such district is also provided for by this title.

B. Where property annexed to the city has been classified by the city pursuant to prezoning provisions, such prezoning classification shall become effective at the same time that the annexation becomes effective. The method of accomplishing prezoning (determining the zoning that will apply to such property in the event of subsequent annexation to the city) shall be the same as that for the zoning of property within the city as provided by this title. Prezoning shall be recorded on the official zoning map in the same manner as zoning amendments but shall be identified by the use of parentheses enclosing the district symbols.

C. Where property annexed to the city was not prezoned by the city nor classified in a county of Fresno zoning district which is also provided by this title, it shall be classified in the O district (open space and recreation district) until otherwise zoned pursuant to the amendment procedures prescribed in Chapter 17.08 of this code.
(Prior code § 13.01.006)

17.04.070 Amendments to zoning map.

Amendment to the zoning map shall be adopted in the manner provided for changing district boundaries as prescribed in Chapter 17.08 of this code. Amendments shall be recorded on the official zoning map in the office of the city clerk and identified by a number corresponding to the ordinance adopting the amendment. (Prior code § 13.01.007)
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(Supp. No. 23)

Page 4 of 193 ends

17.04.080 Application of title.

This title shall apply to all property whether owned by private persons, firms, corporations or organizations; by the United States of America or any of its agencies; by the state of California or any of its agencies or political subdivisions; by any city or county, including the city of Mendota, or any of its agencies; or by an authority or district organized under the laws of the state of California, all subject to the following exceptions:

A. Public streets and alleys;
B. Underground utility lines and facilities;
C. Underground and overhead communication lines;
D. Overhead electric distribution and transmission lines, not to include transmission and distribution substations;
E. Railroad rights-of-way.
(Prior code § 13.01.008)

17.04.090 Interpretation of title.

A. In their interpretation and application, the provisions of this title shall be held to be minimum requirements.

B. Interpretations.

1. Authority to Interpret. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the city planner shall have the authority and responsibility to interpret such terms, provisions, and requirements.

2. Record of Interpretation. Code interpretations shall be made in writing and shall state the facts upon which the city planner relied to make the determination. The Department shall keep a record of interpretations made pursuant to this section on file for future reference.

3. Applicability of Interpretation. Code interpretations shall be applied in all future cases, provided that any interpretation may be superseded by a later interpretation when the city planner determines that the earlier interpretation was in error or no longer applicable under the current circumstances.

4. Right to Appeal. A code interpretation by the city planner may be appealed to the Planning Commission as provided in section 17.08.050(H)(4).

BC. No provision of this title is intended to abrogate, repeal, annul or interfere with any existing ordinance of the city, except as specifically stated herein, or deed restriction, covenant, easement or other agreement between parties, provided that where this title imposes greater restrictions or regulations, this title shall control.

CD. Except as otherwise provided in this title, these regulations shall be considered a continuance of Ordinance 180 as amended.
(Prior code § 13.01.009)
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(Supp. No. 23)

Page 5 of 193 ends

17.04.100 Effect of regulations.

A. All valid special use permits and valid variances heretofore issued pursuant to the provisions of Ordinance 180 shall continue in effect until otherwise revoked or terminated and shall be subject to all conditions governing the same and also subject to the provisions relating to such similar permits as set forth in this title.

B. Any use or structure existing in violation of said ordinance or any nonconforming use or structure which is also a violation or nonconforming use or structure by the provisions of this title, shall be deemed a continuing violation or nonconforming situation.

C. Any structure or part thereof erected, altered or moved into any district, on any site, lot or property shall be used only for the purposes and in the manner intended as permitted or conditional, and all structures or sites, or any portion thereof, shall be developed or maintained only in complete conformity to the area, frontage, width, coverage, yard, height, separation, parking and other property development standards hereinafter designated for the district in which such structure or site is located.

D. Contiguous properties may be combined and used as a single site or property and may be subdivided or split into separate sites provided that the parcels resultant from the combination or division are equal to or exceed the requirements of this title.
(Prior code § 13.01.010)

17.04.110 Definitions.

A. Construction and Terminology. The following rules of construction shall apply unless inconsistent with the plain meaning of the context of this title.

1. Words used in the present tense include the future tense.

2. Words used in the singular include the plural, and words used in the plural include the singular.

3. The word "shall" is mandatory; the word "may" is permissive.

4. The word "used" includes the words "arranged for, designed for, occupied or intended to be occupied for."
B. General Terminology.

1. The word "assessor" means the county assessor of the county of Fresno.

2. The word "building" means and includes the word "structure."

3. The word "city" means the city of Mendota.

4. The word "commission" means the planning commission of the city.

5. The words "council" or "city council" mean the city council of the city.

6. The word "county" means the county of Fresno.

7. The words "county recorder" mean the county recorder of the county of Fresno.

8. The word "federal" means the government of the United States.

9. The words "planning official" mean and refer to the planning director or planning consultant. If there is no planning director or consultant, it shall refer to the city manager, building official, city clerk or other employee of the city designated by the commission to act in the capacity of planning official.

10. The word "state" means the state of California.

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(Supp. No. 23)

Page 6 of 193 ends

11. The words "zone map" mean the official zone map of the city which is a part of the comprehensive zoning ordinance of the city.

12. The words "zoning ordinance" or "ordinance" mean the comprehensive zoning ordinance of the city.

13. The words "special permit," when used in reference to a procedure provided in this zoning ordinance, mean a conditional use permit, site plan approval or variance, as the case may be.

C. Specific Definitions. Certain words are defined below to clarify their use for the purposes of this title. Where a definition is not supplied or where a question of interpretation is raised, the definition shall be the normal meaning of the word within the context of its use, or as clarified by the planning commission. "Abut" means as follows: two adjoining parcels of property, with a common property line, are considered in this title as one parcel abutting the other, except where two or more lots adjoin only at a corner or corners, they shall not be considered as abutting unless the common property line between the two parcels measures not less than eight feet in a single direction.
"Access or access way" means the place, means or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this zoning ordinance. "Accessory building" means a building or structure which is subordinate to, and the use of which is customarily incidental to that of the main building, structure or use on the same lot. Except in the case of garden structures, if an accessory building is attached to the main building by a common wall or a connecting roof, such accessory building shall be deemed to be a part of the main building. “Accessory dwelling unit” means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary dwelling unit is situated. An accessory dwelling unit also includes an efficiency unit, as defined in California Health and Safety Code Section 17958.1, and a manufactured home, as defined in California Health and Safety Code Section 18007. "Accessory living quarters" means living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit. "Accessory use," "accessory building," or "accessory structure" means a use, building, or structure that is incidental, related, appropriate, and clearly subordinate to, and which does not alter, the principal use of the subject lot.
"Acre" means a full acre containing forty-three thousand five hundred sixty (43,560) square feet of area within property lines of a lot or parcel.
"Adjacent" means near, close or abutting; for example, an industrial district across the street or highway from a residential district shall be considered as adjacent. "Advertising structure" means any notice or advertisement, pictorial or otherwise and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which is not on the property with such advertising structure. "Alley" means any dedicated way intended for vehicular service to the rear or side of property served by a street. Buildings facing an alley shall not be construed as satisfying the requirements of this title related to frontage on a dedicated street.
"Alter" means to make any change in the supporting or load-bearing members of a building, such as bearing walls, columns, beams, girders or floor joists, which will prolong the life of the structure. "Amendment" means a change in the wording, context or substance of this title, and addition or deletion or a change in the zone district boundaries or classifications upon the zoning map.

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"Apartment dwelling, three-family or triplex" means a building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other, including all necessary domestic household employees of each such family. "Apartment hotel" means a multiple dwelling which, in addition to dwelling units, has one or more guest rooms.
"Auto accessory parts (new) retail sales means and includes the sale of differential and transmission assemblies, engine blocks or heads and similar hard parts, radiators, tires and wheels, and tail pipes and mufflers.

There shall be no machine work or repairs or installation of merchandise permitted on the premises, nor shall there be a service garage or automobile service of any kind. "Automobile service station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto and limited to:

1. Retail sale of gasoline, oil, tires, batteries and new accessories;

2. Automobile washing, not including mechanical car wash or steam cleaning;

3. Incidental washing and polishing;

4. Tire changing and repairing (but not including recapping);

5. Battery service, charging and replacement but not including repair or rebuilding;

6. Radiator cleaning and flushing, but not including repair or steam cleaning;

7. Installation of minor accessories;

8. The following aspirations if conducted wholly within an enclosed building:
a. Lubrication of motor vehicles,
b. Brake adjustment, replacement of brake cylinders and brake fluid lines, c. The testing, adjustment and replacement of carburetors, coils, condensers, distributor caps, fan belts, generators, points, rotors, spark plugs, voltage regulators, fuel pumps, water hoses or wheel balancing.
"Automobile wrecking yard" means a site or portions of a site on which the dismantling or wrecking of used vehicles or the storage, sale or dumping of dismantled or wrecked vehicles or their parts is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating normally for thirty (30) days or more shall constitute prima facie evidence of a motor vehicle wrecking yard. "Bakery, retail" means establishments primarily engaged in the retail sale of bakery products such as bread, cakes and pies and which produce some or all of the products on the premises. "Bar" means any business at which alcoholic beverages are consumed on site including establishments serving food as well as alcoholic beverages. Any business which is by this definition a bar is also a commercial use. "Basement" means a space wholly or partly underground, and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level directly above a basement is more than six feet above finished grade at any point, such space shall be considered a story. "Bicycle shop" means a business devoted to retail sales, service or repair of bicycles which are not powered by any type of mechanical device.
"Billboard" means the same as an "advertising structure." "Block" means properties abutting one side of a street and lying between the two nearest intersecting or intercepting streets and railroad right-of-way, unsubdivided land or watercourse.

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"Boarding or rooming house" means the rental or leasing of space within a residential building for sleeping and/or other lodging purposes, to three or more persons:

1. Each of whom pays compensation independent of the payment of compensation by the other paying occupant(s) of the premises; and

2. The paying occupants of the premises share the use of common areas, including one or more of the following: living room(s), bedroom(s), hallway(s), kitchen area(s), bathroom(s) and exterior entrance(s).

Boarding or rooming houses do not include rest homes.
"Breezeway" means a roofed passageway, open on at least two sides where the roof is structurally integrated with the structure of the main building. A fence or wall not exceeding six feet in height may be permitted on one side of said breezeway.
"Building" means a permanently located structure, having a roof, for the housing or enclosure of persons, chattels or property of any kind. House trailers and other vehicles, unless permanently immobilized and on permanent foundation, shall not be deemed to be buildings. "Building, area of" means the sum in square feet of the ground areas occupied by all buildings and structures on a lot.
"Building, height of" means the vertical distance measured from the adjoining curb level to the highest point of the structure, exclusive of chimneys and ventilators; provided, however, that where buildings are set back from the street line, the height shall be measured from the average elevation of the finished grade at the front of the building.
"Building, main" means a building within which is conducted the principal use permitted on the lot or site as provided by this title.
"Building, setback line" means the minimum distance as prescribed by this title between any property line and the closest point of the foundation of any building or structure related thereto. "Building site" means a lot or parcel of land, in single or joint ownership, occupied or to be occupied by a main building and accessory buildings or by a dwelling group and its accessory buildings, together with such open space as is required by the terms of this title, and having its principal frontage on a street, road, highway or waterway.
"Business, retail" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.
"Business, wholesale" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. "Caretaker's residence" means a single-family residence on the same property with, or an abutting property owned by the owner of, a commercial or manufacturing use which residence is occupied by one or more persons charged with care or protection of facilities used in such commercial or manufacturing use, and which residence is provided to the occupant as compensation for such services and for which he does not pay money or other thing of value other than his service.
"Carnival" means a group of two or more devices or acts subject to council approval, operated or conducted for five days or less from time of set up and, in conjunction with an established business for the purpose of attracting the public or to advertise a product, idea or program. "Carport" means an accessory structure or portion of a main structure open on two or more sides, designed for the storage of motor vehicles, without full enclosure.

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"Car wash, self service" means any occupancy which provides for automobile washing to be done by the customer. There shall be no employees other than servicemen who check and maintain equipment and supervise the use of the facility. Equipment shall be limited to a water softener, water heater, soap mixing tank, low pressure vacuum units and one horsepower electric motor and pump for each stall or similar equipment which shall produce only a low volume of sound.
"Cemetery" means land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises.
"Certified recycling facility" or "certified processor" shall mean a recycling facility certified by the State of California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
"Church" means a permanently located building commonly used for religious worship fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction.
"Clinic" means a place for the provision of group medical services, not involving overnight housing of patients.
"Club" means an association of persons for some common nonprofit purposes, but not including groups organized primarily to render service which is customarily carried on as a business. "College" means an educational institution offering advanced instruction in any academic field beyond the secondary level, but not including trade schools or business colleges. "Commercial districts" means the C-1, C-2, C-3 and SC zoning districts. "Commercial office" means any administrative or clerical office maintained as a business or any office established by a public service over which this title has jurisdiction, other than a professional office. "Communications equipment building" means a building housing electrical and mechanical equipment necessary for the conduct of a public communication business, with or without personnel. "Contiguous" means the same as "abut."
"Convalescent home" means "rest home."
"Convenience market" means and includes a liquor store, within which all or the majority of the floor area for retail sales is located for the sale of alcoholic beverages. This category, however, does not include a full-service grocery store containing less than five thousand (5,000) square feet. "Corner cut-off" means the provision for and maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys or private driveways. "Cottage food operation" shall hold the same definition as contained in Section 113758 of the California Health and Safety Code.
"Coverage" means the same as "lot coverage."
"Crime prevention plan" means a written implementation plan developed by the applicant in conjunction with the police chief which outlines a crime prevention program and other safety enhancement measures to be incorporated into a development.

Cul-de-sac. See "Lot, cul-de-sac."
Curve lot. See "Lot, curve."
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"Dairy farm" means any place or premises upon which milk is produced for sale or other distribution and where more than two cows or six goats are in location.
"Day" means a calendar day.
"Day nursery" or "child care nursery" means any group of buildings, building or portion thereof used primarily for the daytime care of children with or without compensation. "Directional signs" means any sign which contains only the name, location of building, services and/or occupants that are not located on the parcel upon which the sign is located. Said signs are separate from and are not to be construed as an advertising structure.
"District" means a zoning district established by this zoning ordinance. "Drainage channel" means any existing or proposed open ditch, open culvert or open channel, naturally created or designed to transmit water for flood control or irrigation purposes. "Drugstore" means a retail store engaged in the sale of prescription drugs and patent medicines, carrying related items such as cosmetics and toiletries and such unrelated items as tobacco and novelty merchandise. Such as may also include a soda fountain or lunch counter.
"Dump" means a place used for the disposal, abandonment or discarding of garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
"Duplex" means the same as "dwelling, two-family."
"Dwelling" means a building or portion thereof designed exclusively for residential purposes, including onefamily and multiple dwellings, but not including hotels, apartment hotels, boarding and lodging houses, fraternity and sorority houses, rest homes, nursing homes, child care nurseries, or mobile homes (with or without wheels) except in the MHP district.
"Dwelling, one-family" means a detached building designed exclusively for occupancy by or occupied by one family for residential purposes.
"Dwelling, multifamily" or "multiple" means a building designed exclusively for occupancy by or occupied by two or more families living independently of each other, e.g. duplexes, triplexes, townhouses or apartments. "Dwelling, two-family" means a building designed or used exclusively for the occupancy of two families living independently of each other and having separate kitchen and toilet facilities for each family. "Dwelling unit" means one or more rooms and a kitchen designed for occupancy by one family for living and sleeping purposes.
"Easement" means a space on a lot or parcel of land reserved for or used for public uses. "Educational institutions" means public or other nonprofit institutions conducting regular academic instruction at pre-school, kindergarten, elementary, secondary and collegiate levels, and including graduate schools, universities, nonprofit research and religious institutions. Such institutions do not include schools, academies or institutes, incorporated or otherwise, which operate for a profit nor does it include commercial or trade schools.
"Electric distribution substations" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use. "Electrical transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a low subtransmission voltage for purposes of supplying electric power to large individual Created: 2023-08-15 15:51:08 [EST]
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consumers, interchange connections with other power-producing agencies or electric distribution substations for transformation to still lower voltages for distribution to smaller individual users. "Emergency shelter" means housing with minimal support for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Medical assistance, counseling, and meals may be provided. Emergency shelter also means navigation centers, bridge housing, and respite or recuperative care. "Family" means an individual, two or more persons who are related by blood or marriage or a group of not more than five persons not necessarily related by blood or marriage,one or more persons living together in a dwelling.
"Farm labor camp" means the same as "labor camp, farm." "Feed lot" or "feed yard" means a lot or portion of a lot used for the enclosing of livestock for market, and not operated in connection with a bona fide farm.
"Fence" means any structural device forming a physical barrier which is so constructed that not less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air or vision through said surface in the horizontal plane.
"Filling station" means the same as "automobile service station." "Flood control channel" means the same as "drainage channel." "Floor area." Whenever the term "floor area" is used in this zoning ordinance as a basis for requiring offstreet parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor area but also to any additional stories or basement of said structure. All horizontal dimensions shall be taken from the exterior faces of walls including enclosed porches. "Frontage" means the property line of a site abutting on a street, other than the side line of a corner lot. "Garage, private" means a detached accessory building or a portion of a main building on the same lot as a dwelling for five but not more than fifteen (15) persons other than members of the resident family, excepting a nursing home as defined in this section.
"Garage, repair" means a building other than a private garage used for the care, repair or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire or sale. "Garage, storage" means any premises used exclusively for the storage of vehicles. "Grade" means the gradient, the rate of incline or decline expressed as a percent. For example, a rise of twenty-five (25) feet in a horizontal distance of one hundred (100) feet would be expressed as a grade of twentyfive (25) percent (See also "slope"). "Greenhouse" means a building or structure constructed chiefly of glass, glass-like translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other tender plants. “Group home, small” means shared living quarters for six or fewer persons without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.
“Group home, large” means shared living quarters for seven or more persons without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis.
"Guest" means any transient person who occupies a room for sleeping purposes. "Guest house" means the same as "accessory living quarters." Created: 2023-08-15 15:51:08 [EST]
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"Guest room" means a room which is designed to be occupied by one or more guests for sleeping purposes, having no kitchen facilities, not including dormitories. "Half-story" means a story under a gable, hip or gambrel roof, parts of which are not more than three feet above the floor of such story.
"Hedge" means a plant or series of plants, shrubs or other landscape material, so arranged as to form a physical barrier or enclosure.
"Height of building" means the same as "building, height of." "Home for the aged" means the same as "rest home."
"Home occupation" shall mean a limited commercial or office profession conducted entirely within a dwelling and carried on by the inhabitant(s) thereof, which use is clearly incidental and secondary to the residential use of the property. For purposes of determining its compatibility with an underlying residential zoning district, a home occupation shall not in and of itself be considered a "commercial use." "Hotel" means any building or portion thereof designed or used, or containing six or more guest rooms or suites of rooms, but not including any institutions in which human beings are housed or detained under legal restraint.
"Household pets" means the keeping of animals, fish, fowl, small birds; provided that there shall be not more than two mature animals, fowl and small birds of any one species provided that they shall be kept in a safe and sanitary manner; and keeping of other pets, provided that such other pets which are not kept exclusively within a dwelling shall be limited to not more than three adult animals, until such time that the keeping of animals as identified above becomes a commercial use as determined by the city council.

Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predatory wild animals, ducks, geese, turkeys, game birds and fowl which normally constitute an agricultural use. The keeping of household pets or other animals is lawful only in those districts where the use is listed as a permitted use or when any household pets are kept as an accessory use to lawfully maintain residences in other districts. The keeping of any animal not described in this section as a household pet shall not be deemed an accessory residential use.
"House trailer" means the same as "mobile home."
"Housing for the elderly" means housing consisting of at least eight units restricted to a person/persons sixty (60) years of age or older, or to a person/persons sixty (60) years or older plus spouse then residing with said elderly person.
"Industrial districts" means the M-1 and M-2 zoning districts. "Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character or appearance thereof, and including storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.
"Intent" and "purpose" means that the commission and council, by the adoption of this zoning ordinance, have made a finding that the health, safety and welfare of the community will be served by the creation of the district and by the regulations therein.
“Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. "Kitchen" means any room or area intended or designed to be used for or maintained for the cooking, storing and preparation of food.

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Labor Camp.

1. "Labor camp" means any living quarters, dwellings, boardinghouse, tent, bunkhouse, maintenance-ofway car, mobilehome, or other housing accommodations, including employee housing or labor supply camp, maintained in connection with any work or place where work is being performed, whether or not rent is involved, and the premises upon which they are situated or the are set aside and provide for parking of mobilehomes or camping of five or more employees by the employer.

2. "Labor camp" as used in this title also includes any portion of any housing accommodation or property upon which housing accommodations are located, if all of the following factors exist:
a. The housing accommodations or property are located in a rural area; b. The housing accommodations or property are not maintained in connection with any work or workplace; and
c. The housing accommodations or property are provided by someone other than an agricultural employer or employers for any of the following:
i. Temporary or seasonal residency,
ii. Permanent residency, if the housing structure is a mobilehome or recreational vehicle, or iii. Permanent residency, if the housing structure is more than thirty (30) years old and at least fifty-one (51) percent of the units in the structure are occupied by agricultural employees.

3. Labor camp, as defined by this section, does not include a hotel, motel, inn, tourist hotel or permanent housing.
"Landscaping" means and includes planting of vegetation of all types and the continued maintenance thereof in a normal, healthy condition and also includes exterior decoration, furniture and structures required by and indicated upon a site plan.
"Loading" means the removal or placement of any commodity in, on or from a vehicle of any type. "Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings for the temporary parking of commercial vehicles while loading or unloading, and which abuts a street, alley or other appropriate means of ingress or egress. "Local street" means a street or road primarily for service to abutting property. "Lot" means:

1. A single parcel of land for which a legal description is filed on record or the boundaries of which are shown on a subdivision map or record of survey map filed in the office of the county recorder.

2. The term "lot" includes a part of a single parcel of land when such part is used as though a separate lot for all of the purposes of this title.

3. The term "lot" includes two or more abutting lots when combined and used as though a single lot. "Lot area" means the total horizontal area within the lot lines of a lot. "Lot, corner" means a lot situated at the intersection of two or more streets which have an angle of intersection of not more than one hundred and thirty-five (135) degrees. "Lot, corner, reversed" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear, whether across an alley or not. "Lot, cul-de-sac" means a lot fronting on, or with more than one-half of its lot width fronting on, the turnaround end of a cul-de-sac street.

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"Lot, curve" means a lot fronting on the outside curve of the right-of-way of a curved street, which street has a centerline radius of two hundred fifty (250) feet or less. "Lot depth" means the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines, but in no case shall the minimum lot depth and width required in any district take precedence over the minimum lot area required in that district. Lot depth shall also mean the average horizontal distance between the front and rear lot lines, measured at right angles to the lot width at a point midway between the side lot lines. "Lot, interior" means a lot other than a corner lot.
"Lot line" means any line bounding a lot as defined in this section. "Lot line, front" means the property line abutting a street. "Lot line, rear" means a lot line not abutting a street which is opposite and most distant from the front lot line.
"Lot line, side" means any lot line not a front lot line or rear lot line. "Lot, nonconforming" means a lot having less area or dimension than required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the county recorder, which does not abut a public road or public right-of-way or approved private road right-of-way and which was lawfully created prior to March 23, 1965.
"Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. "Lot, through" means a lot having frontage on two dedicated streets, not including a corner or reversed corner lot.
"Lot of record" means a lot held in separate ownership as shown on the records of the county recorder at the time of the passage of an ordinance or regulation establishing the zoning district in which the lot is located. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
“Low barrier navigation center” means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

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"Major street" or "major highway" means a highway with intersections at grade and on which partial control of access and geometric design and traffic control measures are used to expedite the safe movement of traffic. "Medical building" means clinics or offices for doctors, dentists, oculists, chiropractors, osteopaths or similar practitioners of the healing arts; including accessory laboratory and prescription pharmacy uses, but not including offices for veterinarians.
"Minor" means any person under the age of majority as determined by the state of California. "Mobilehome" or "manufactured home" means a residential building or dwelling unit which is either wholly or partially constructed or assembled off the site in accordance with regulations adopted by the Commission of Housing and Community Development of the state. Manufactured homes shall be placed on a permanent foundation.
"Mobilehome park" means any area or tract of land where two or more mobilehomes or mobilehome sites are rented or leased to accommodate residential use.
"Motel" means a building or group of buildings containing individual sleeping or living units, designed primarily for use by automobile tourists or transients, where a majority of such units open individually and directly to the outside. An establishment shall be considered a motel, in any case, when required by the Health and Safety Code of the state of California to obtain the name and address of the guests and a description of their vehicle and license.
"Nonconforming building" means a building or portion thereof which was lawful when established but which does not conform to subsequently established zoning or zoning regulations. "Nonconforming use" means a lawful use when established but which does not conform to subsequently established zoning or zoning regulations.
"Nursery school" means the same as "day care."
"Nursing home" means a structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. "Office" means a business or commercial establishment for the rendering of service, administration or consultation but excluding retail services.
"Outdoor advertising structure" means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, and either:

1. Advertising a use not located on the site or a product not produced on the site where it is located; or

2. Exceeding three hundred (300) square feet in area. See "advertising structure" and "sign." "Parking area, private" means an area, other than a street, used for the parking of automotive vehicles capable of moving under their own power and restricted from general public use, but shall not include parking provided for residential uses unless such parking spaces are for more than four cars. "Parking area, public" means an area, other than a private parking area or street, used for the parking of vehicles capable of moving under their own power, either free or for remuneration. "Parking district" means the same as the P district.
"Parking space" means an area, other than a street or alley, reserved for the parking of an automobile, plus such additional area as is necessary to afford adequate access thereto. "Patio, covered" means the same as "structure."
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Pets. See "household pets."
"Permanent" means to endure, remain, to continue or endure without fundamental or marked change. "Person" means any natural person, partnership, cooperative association, private corporation, public corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Pharmacy. See "drug store."
"Planned unit development" means developments which may combine permitted and conditional uses of the district, a variety of dwelling types and/or, where appropriate, other related uses in a manner which might not be possible by strict adherence to the regulations of this title but which, because of careful design and arrangement, are made harmonious and functional uses within the site, the vicinity and the district in which they are located. "Professional office" means any building or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, accountant, optometrist, doctor, dentist and other similar professions but shall not include other medical buildings or commercial offices. "Property line" means the same as "lot line."
"Public building and uses" means buildings, structures and use of land, maintained by federal, state, county or city government or agency thereof, or by any school district or other special district created by law, in either a governmental or proprietary capacity.
“Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
"Railroad right-of-way" means a strip of land of a maximum width of one hundred (100) feet only for the accommodation of mainline or branch line railroad tracks, switching equipment and signals, but not including lands on which stations, offices, storage buildings, spur tracks, sidings, employee housing, yards or other uses are located.
"Ramada" means an arbor or pergola-like structure.
"Recreation vehicle" means a motorhome, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.
"Recycling facility" shall mean a facility for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated on those premises.

Recycling facilities may include the following:

1. "Collection facility." A collection facility shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use powerdriven processing equipment except as indicated in "Recycling facilities criteria and standards" as adopted or amended by the city council. Collection facilities may include the following:
a. Reverse vending machine;
b. Small collection facilities occupying not more than five hundred (500) square feet, which may include:
i. A mobile unit;
ii. Bulk reverse vending machines occupying more than fifty (50) square feet; Created: 2023-08-15 15:51:08 [EST]
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iii. Kiosk-type units that may include permanent structures; iv. Unattended containers placed for the donation of recyclable materials. c. Large collection facilities that occupy an area greater than five hundred (500) square feet and may include permanent structures.

2. "Processing facility." A processing facility means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and/or remanufacturing.

Processing facilities include the following:
a. A light processing facility occupies an area under twenty thousand (20,000) square feet of gross collection, processing, and/or storage, and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to bailing, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous materials other than food and beverage containers.
b. A heavy processing facility means any processing facility other than a light processing facility. "Residence" means a building used, designed or intended to be used as a home or dwelling place, for one or more families. "Residential districts" means the following districts: R-A, R-1-A, R-1, R-2, R-3, R-3-A and MHP. “Residential care facility” means a facility that is licensed by the State of California to provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug addictions. "Restaurant" means an establishment which serves food or beverages only to persons seated within the building. This includes cafes and tea rooms.
"Restaurant/bar" means any establishment which, under this section is a bar, but which has met the requirements of this definition. An establishment may be classified as a restaurant/bar if, but only if:

1. Pursuant to the applicable CUP process, classification as a restaurant/bar is requested;

2. At least fifty-one (51) percent of the establishment's annual on-site sales is related to on-site food sales; and

3. At least seventy-five (75) percent of the establishment's floor area is dedicated for use as a restaurant.

As part of the classification application, the applicant shall provide such books and records to the city finance director so that the city finance director may report to the planning commission as to compliance with requirement 2. above. In addition, the planning commission may, at its option, but no more often than annually, require an audit of the establishment to insure compliance with requirement 2. above. The serving of alcoholic beverages in a restaurant/bar is expressly subject to such restrictions, including the regulation of the times during which such activity is permitted, as provided in Section 17.08.050(G)(4). "Rest homes" means an establishment or home intended primarily for the care and nursing of invalids and aged persons; excluding cases of communicable diseases and surgical or obstetrical operations. The term shall not include nursing homes.

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"Reverse vending machine" shall mean an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of a certified recycling facility, grouping of multiple reverse vending machines may be necessary. "Rezoning" means the same as "zoning district, change of." "Road" means the same as "street."
"Room" means an unsubdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen, closets, hallways and service porches.
"School, elementary, junior or high" means public and other nonprofit institutions conducting regular academic instruction at kindergarten, elementary and secondary levels. "School, trade" means schools offering preponderant instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization. "Servant's quarters (separate)" means complete living quarters either attached or detached from that of the main dwelling, including kitchen facilities but not rented or used for permanent or temporary living quarters by members of the family.
"Service station" means the same as "automobile service station." "Setback line, front yard" means the line which defines the depth of the required front yard. Said setback line shall be parallel with the right-of-way line or highway setback line when one has been established. "Setback line, rear yard or side yard" means the line which defines the width or depth of the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.
"Sign" means any lettering or symbol made of paint, paper, wood, metal or any other material, which is painted, attached, constructed or otherwise placed where it is visible from the exterior of any buildings or enclosed fenced areas, but not including window display signs which are not directly affixed to or painted on the window surface.
"Sign area" means the total exterior surface of a sign, including all sides of a sign having more than one surface unless otherwise specified, and including spaces between or within letters and symbols. "Significant tobacco retailer" means any tobacco retailer engaged in the sale and/or distribution of tobacco products or paraphernalia to the general public, excluding wholesale business, that either devotes twenty (20) percent or more of floor area or display area to, or derives seventy-five (75) percent or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia. “Single Room Occupancy (SRO)” means a residential facility containing housing units that may have individual or shared kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the California Health and Safety Code. Each housing unit is offered on a monthly rental basis or longer. "Site" means a parcel of land, subdivided or unsubdivided, occupied or to be occupied by a use or structure.

Generally used with the same meaning as "lot."
"Site plan" means a plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land.

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"Site plan review" means the review by a site plan which shows the manner in which the applicant intends to use and develop the property.
"Slope" means a natural or artificial incline, as a hill-side or terrace. Slope is usually expressed as a ratio. "Smoke detector" means a device which detects visible or invisible particles of combustion. "Story" means a space in a building between the surface of any floor and the surface of the next floor above, or if there is no floor above, then the space between such floor and the ceiling or roof above. "Street" means a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the pre-mapal means of access to abutting property including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this zoning ordinance.
"Structure" means anything constructed or erected which requires a fixed location on the ground, including a building, but not including a fence, a wall used as a fence, landscaping or other improvements excepted by this title.
"Supportive housing " means housing with no limit on length of stay that is occupied by the target population and that is linked to onsite or offsite services that assist residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. Supportive housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district. "Swimming pool" means a structure containing a body of water intended for swimming, wading, and related activities. A swimming pool may be a primary structure or an accessory structure within the context of the overall use of a site. Swimming pool shall include wading pools and hot tubs. It does not include facilities that are temporary in nature and/or those that can be set up and removed annually. "Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Welfare and Institutions Code § 4500 et seq.), and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Temporary" means a short period of time as reasonable within the context or for the use. "Temporary sign" means a sign that is installed, erected, or displayed on the property of a business advertising the opening, establishment, or new location of a business, change of ownership of the business, or sales related to the opening or closing of that business. "Tire, battery and accessory parts retail sales and service store" means an occupancy for the retail sale and installation of automobile tires, batteries and other automobile parts and accessories wherein all activity including storage, shall be conducted completely within a building designed and intended for this purpose. Such occupancy shall exclude the sale and installation of differential and transmission assemblies, engine blocks or heads, and similar hard parts and radiators, and shall also exclude machine work, tire recapping, retreading, rebuilding and vulcanizing, battery repair or rebuilding, or general automobile repair, except as permitted in an automobile service station.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.
"Tobacco products" means any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.

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"Tobacco retailer" means any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products, and/or tobacco paraphernalia. "Trailer sales and service lot" means an open area where trailers or mobilehomes are sold, leased or rented, but where no repairs, repainting or remodeling are done and where no trailers or mobilehomes are occupied as a dwelling.
"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use, and is allowed in all districts that allow residential uses subject only to the requirements and restrictions that apply to other residential uses of the same type in the same district.
"Travel trailer" means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit or chauffeur's license or both, without violating any provision of the Vehicle Code.
"Travel trailer park" means any area or tract of land where one or more travel trailer sites are rented or leased to accommodate travel trailers.
"Truck parking" means the parking of trucks including "bob tail" trucks in the rear yard only, but restricting five-ton or greater diesel trucks or rigs in designated districts. All other trucks allowed on streets or lots in conformance with the city truck ordinance.
"Truck service station" means an occupancy which provides especially for the servicing of trucks with incidental operations similar to those permitted for "automobile service stations." "Use" means the purpose for which a site or structure is designed or intended or for which either a site or structure is or may be occupied and maintained.
"Utility easement" means the same as "easement."
"Wading pool" means the same as "swimming pool."
"Wall" means any structure or device forming a physical barrier, which is so constructed that fifty (50) percent or more of the vertical surface is closed and prevents the passage of light, air and vision through said surface in a horizontal plane.
"Warehousing" means a building or buildings used for the storage of goods of any type, when such building or buildings contains more than five hundred (500) square feet of storage space, and where no retail operation is conducted.
"Wholesaling" means the selling of any type of goods for the purpose of resale. "Yard" means a space on a lot on which no structures are allowed. A required yard extends across the full width or length of a lot parallel to the lot lines from which such yards are required. "Yard, front determination" means the narrowest portion of lot, abutting a street. In no case shall the front yard be determined by the placement of a structure, or include an alley accessway or railroad right-of-way. "Yard, front" means a space between the front yard setback line and the front lot line or highway setback line and extending the full width of the lot.
"Yard, rear" means a space between the rear yard setback line and the rear lot line, extending the full width of the lot.

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"Yard, side" means a space extending from the front yard, or from the front lot line where no front yard is required by this zoning ordinance, to the rear yard or rear lot line, between a side lot line and the side yard setback line.
"Zone" means the same as "district," as defined and described in this section. "Zoning district, change of" means the legislative act of removing one or more parcels of land from one zoning district and placing them in another zoning district on the official zone map of the city. (Ord. 03-02 (part), 2003; Ord. 99-01 § 1, 1999; Amended during 1995 codification; Ord. 91-02 § 1, 1991; Ord. 94-07 § 1, 1994; Ord. 93-10 § 1, 1993; prior code § 13.01.011) (Ord. No. 11-01, §§ 3, 4, 3-22-2011; Ord. No. 12-05, § 2, 4-24-2012; Ord. No. 14-05, § 2, 9-9-2014; Ord. No. 15-04, § 2, 4-28-2015; Ord. No. 15-08, § 1, 7-14-2015; Ord. No. 17-04, § 1, 4-25-2017) Chapter 17.08 ADMINISTRATIVE PROVISIONS

17.08.010 Application of chapter.

The general provisions and exceptions set forth in this chapter where applicable shall apply in all zone districts.
(Prior code Art. 13.21 (part))

17.08.020 Administration.

A. Schedule of Filing Fees. Filing fees shall be paid by the applicant to the city to cover the expenses of processing, posting, advertising or other costs incidental to the several procedures in this title. The filing fees shall be set by a resolution of the city council. Said fees shall be reviewed on an annual basis to ensure their currency.

B. Legal Procedures. This section is in addition to other provisions of this title and other city ordinances relating to the legal status of conditions and activities in the city.

1. If any portion of a privilege authorized by the issuance of a conditional use permit or variance is utilized, all terms and conditions attached thereto shall immediately become effective and shall be complied with. Violation of any such term or condition shall constitute a nuisance and violation of this title and shall be subject to the same penalties as any other violation of this code.

2. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, any use of land, building or premises established, conducted or operated, or maintained contrary to the provision of this title shall be and the same is declared to be unlawful and a public nuisance and the matter may be abated or corrected by court process, by action of city forces or by the filing of a criminal action for violation of this title; said remedies to be cumulative.

C. Injunction. Any resident or property owner in the city and any resident or property owner within one mile of the city limits shall have standing to obtain a mandatory, prohibitory injunction to prevent the violation of this title.
(Prior code § 13.21.011)
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17.08.030 Addition of permitted uses.

A. Procedure. When the classification of an unlisted use is requested, it shall be the duty of the city planner (or the planning commission or city council in case of an appeal) to ascertain all the pertinent facts concerning such use, set forth in writing its findings and the reasons for designating a specific classification for such use.

1. The applicant shall file a request with the city planner for a decision. The planning commission and the city council also may initiate an application.

2. The city planner shall render a written decision not less than thirty (30) days after such application is made and shall notify the applicant, any person requesting such notice, the planning commission, and the city council of such decision.

3. An appeal may be filed by any aggrieved person within fifteen (15) days after the mailing of the notice of such a decision.

4. The planning commission, or the city council upon further appeal, shall hear such appeal of the decision within forty (40) days after the date of the filing of such appeal.

5. The planning commission, or the city council upon further appeal, shall render a decision within fifteen (15) days after the hearing of such appeal.

6. The applicant shall be notified in writing at the address shown on the application of the planning commission's decision and the city council's decision if such appeal is made.

B. Findings.

1. Criteria. Upon application or on his own initiative, the city planner may add a use to the list of permitted uses prescribed in Chapters 17.12 through 17.84 of this code upon making the following findings:
a. That the addition of the use to the list of permitted uses will be in accordance with the purposes of the district in which the use is proposed;
b. That the use has the same basic characteristics as the uses permitted; c. That the use will not be detrimental to the public health, safety or welfare; d. That the use will not adversely affect the character of the district; e. That the uses will not create more odor, dust, smoke, noise, vibration, illumination, glare, fire or explosion hazard, or unsightliness, or any other objectionable influence, than that normally created by any of the uses permitted in the district.

2. Classification. The city planner (or planning commission or city council in case of an appeal) shall classify such use as to permitting such use by right or permitting such use subject to a conditional use permit.

3. Effect of Determination. Uses classified pursuant to this section shall be regarded as listed uses. The city shall maintain an up-to-date list of all such classifications.

C. Similarity. It is recognized that not every conceivable use can be identified in this title. The city planner may determine that a proposed use is substantively similar to, is a subcategory of, or is otherwise inseparable from a use already permitted or conditionally permitted within the subject zone such that the proposed use can be permitted or conditionally permitted without formally classifying it pursuant to this section. (Prior code § 13.21.001)
(Ord. No. 14-02, § 7, 2-11-2014)
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17.08.040 Amendments to the zoning ordinance.

A. Scope. An amendment to this title which changes any property from one district to another, or imposes any regulation not heretofore imposed, or removes or modifies any such regulations heretofore imposed shall be initiated and adopted by the following procedure.

B. Initiation. Amendments to this title may be initiated in the following manner:

1. The commission, council, or staff may propose an amendment by scheduling a public hearing before the commission to consider the proposed amendment;

2. A property owner or the authorized representative of an owner may propose an amendment to change property from one district to another by filing a verified petition with the commission; provided, however, such a petition shall be signed by the owners of at least sixty (60) percent of the area directly affected by such proposed amendment.

C. Petitions.

1. Form of Petition. The commission shall prescribe the form in which applications for changes of districts are made. The commission may prepare and provide blanks for such purpose and may prescribe the type of data and information to be provided by the petitioner to assist in determining the validity of the request. No application shall be received unless it is full and complete and complies with such requirements.

2. Verification of Petition. The city manager shall verify the accuracy and completeness of the application and the date of verification shall be noted on the application.

3. Change of C-1, C-2, C-3 or SC Districts. In addition, the applicant may provide to the commission such data and information as will assist the city manager in making a recommendation to the commission to justify its findings to the council as to the location and size of the proposed rezoning. Such data may include:
a. Economic studies and surveys;
b. Traffic studies;
c. Population studies; and
d. Any other information deemed pertinent.

D. Filing Fee. When an application to change property from one district to another is filed, a fee shall be paid for the purpose of defraying the costs incidental to the proceedings.

E. Administrative Investigation. The city manager shall study the proposed amendment and shall provide the information necessary for action consistent with the intent and purpose of this chapter and the general plan.

F. Notice of Public Hearing.

1. If amendments are proposed by petition, the secretary shall set the matter for public hearing no less than ten (10) days nor more than sixty (60) days after the verification of the proposal.

2. Notices of required public hearings shall contain a description of the property under consideration, the nature of the proposed change, the time and place of the hearing, the body presiding over the hearing, the recommendation of the commission, if applicable, and any other pertinent data. Notice shall be given by at least one publication in a newspaper of general circulation in the city at least ten (10) days before the hearing.

3. When the amendment involves the reclassification of property, additional notice shall be given by mailing a notice not less than ten (10) days prior to the date of the hearing to the owners of property Created: 2023-08-15 15:51:08 [EST]
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within a radius of three hundred (300) feet from the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as shown on the latest adopted tax roll of the county or by posting of the property not less than ten (10) days before the hearing.

4. Any failure to make notices as aforesaid shall not invalidate any proceedings taken for amendments under this chapter.

G. Commission Public Hearings—Recommendations and Notice Thereof.

1. The commission shall, not less than ten (10) days after the publication of the legal notice of a public hearing on an amendment, hold such hearing.

2. If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the commissioner presiding at such public hearing may, before the adjournment or recess thereof, publicly announce the time and place to and at which such hearings will be continued, and such announcement shall serve as sufficient notice.

3. Upon the completion of a public hearing, the commission shall, not later than forty (40) days thereafter, render its decision on the matter so heard. Failure to so act within said forty (40) days shall serve to automatically and immediately refer the whole matter to the council for such action as it deems warranted under the circumstances. In the event of such failure on the part of the commission to act, the city manager shall immediately deliver to the council all of the records of the matter involved.

4. The recommendation for the approval of any amendment shall be by resolution of the commission carried by the affirmative votes of not less than a majority of its total voting members. A resolution for recommendation which receives a majority vote of the members present and voting but not a majority vote of the total voting members of the commission may, with the consent of the applicant, if any, and by majority vote of the members present, be continued until the next regular or special meeting of the commission; however, if the majority of the members present do not vote to continue the matter or the applicant does not consent thereto, then the action shall constitute disapproval. A resolution for the approval of any amendment which fails to carry by reason of no votes of a majority of the members present shall be deemed a disapproval.

5. The commission shall announce and record its action by formal resolution. Such resolution shall be filed with the council.

6. Not later than ten (10) days after final action by the commission on an application, notice of the decision shall be mailed to the applicant.

7. A denial by the commission shall be final unless appealed to the council within fifteen (15) days of the date such resolution is filed with the council.

8. An appeal may be initiated by the applicant or by any aggrieved person.

H. Council Public Hearing. The hearing date of the council public hearing shall be set by the city clerk for not less than ten (10) days or more than sixty (60) days after the filing of the commission's resolution with the council. Notice shall be given as provided in Section 17.08.040(F).

I. Notice of Council Public Hearing—Decision and Notice Thereof.

1. The council shall, not less than ten (10) days after the legal notice of a public hearing on a proposed amendment, hold such public hearing.

2. The council may approve the proposed amendment and enact it by ordinance or disapprove it. The council shall not alter the proposed amendment without referral back to the commission unless such alteration was previously considered by the commission and unless, in the case of a district change, Created: 2023-08-15 15:51:08 [EST]
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such alteration is more restrictive or reduces the area under consideration. A copy of the decision shall be mailed to the applicant at the address on the application. The decision shall be made within fifteen (15) days of the hearing. When the proposed amendment is referred back to the commission, the commission shall render a report to the council within forty (40) days of such referral, and the council shall render its decision within forty (40) days of the receipt of the report of the commission.

J. Appeals on Denials.

1. The council, not more than forty (40) days after the denial by the commission, shall hear such appeal after giving notice pursuant to Section 17.08.040(F).

2. The council shall refer any proposed reversal of such denial back to the commission for a report.

3. The commission shall render such report to the council within forty (40) days of such referral.

4. The council shall render its decision within forty (40) days of the receipt of the report from the commission.

K. Reapplications for District Amendments. No person, including the original applicant, shall reapply for the same change of district on the same lot or lots within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

L. Appeals—Time Limits. Appeals, if any, to a court of competent jurisdiction shall be made within thirty (30) days after the final decision by the council. In the event such action is not appealed within thirty (30) days following the council's decision, it shall be presumed that the petitioner to a court has not acted with due diligence in asserting his rights, and the action of the city shall be deemed to be final.

M. Conditional Zoning.

1. The council may impose conditions to the zoning reclassification of property, to be given an appropriate designation on the zone map, where such conditions are essential to:
a. The community's protection against potentially harmful effects of the proposed use; or b. Where such conditions are required to adjust the proposed use to the community's needs.

2. In the event conditions to zoning are imposed, a site plan review shall be required prior to development as provided in Section 17.08.090.
(Amended during 1995 codification; prior code § 13.21.002) (Ord. No. 19-02, § 3, 4-9-2019)

17.08.050 Application for conditional use permit.

A. Purpose. The purpose of a conditional use permit is to allow for enhanced review of particular uses that are not permitted in a particular zone district by right due to characteristics of those uses that may require additional mitigation in order to reduce their potential for impacting other proximal uses.

B. Filing, Form, and Content. Application for a conditional use permit shall be filed by the owner or lessee of the property for which the permit is sought, or by the authorized representative of the owner or lessee.

Application shall be made on a form prescribed by the planning commission, and except as may be modified herein, shall otherwise meet the requirements of Section 17.08.090 of this title.

C. Verification. The city planner shall verify the accuracy and completeness of the application.

D. Formal Acceptance. Within thirty (30) days after submission of the application, the city planner shall notify the applicant in writing of the completeness of the application. If the application is not complete, the Created: 2023-08-15 15:51:08 [EST]
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communication shall state the manner in which the application needs to be supplemented in order to be complete. When the application is found to be complete, it shall formally be accepted for processing. The date of formal acceptance shall be noted on the application. Acceptance of the application as complete shall not constitute an indication of approval.

E. Filing Fee. When the application for a conditional use permit is filed, the applicant shall pay a fee in an amount fixed by resolution of the city council for the purpose of defraying the costs associated with review and consideration of the application.

F. Administrative Investigation. The city planner shall investigate the facts bearing on the application, including as necessary information from utilities purveyors, service providers, and/or other public or private entities whose functions are integral to the operation of, or that may be affected by, the proposed use.

G. Minor and Major Conditional Use Permits. There shall be two classes of conditional use permit: minor and major. As part of the application process, the city planner shall make the determination of how a particular proposal shall be classified.

1. Minor Conditional Use Permit. A proposal may be considered for a minor conditional use permit if it meets one or more of the following criteria:
a. The use involves no new construction, excluding fences and/or signs. b. The use will occupy an existing structure and involves no modifications to the building or site aside from those for aesthetic purposes or to provide compliance with city, state, or federal regulatory requirements; or
c. The use involves expansion of an existing structure by less than ten (10) percent of its existing size.

2. Major Conditional Use Permit. Any proposal not meeting the criteria described in [subsections] (G)(1)(a), (b), or (c) above shall be classified as a major conditional use permit. Further, if a project meets criteria (G)(1)(a), (b), and/or (c) above, but the city planner determines that there are extenuating circumstances related to the project's potential to adversely impact nearby properties or facilities, the city planner may determine that said project be processed as a major conditional use permit.

H. Minor Conditional Use Permit Notice and Action.

1. Following completion of the administrative investigation, the city planner shall determine the date on which the application will be considered. Not less than ten (10) days prior to the date of consideration, the city planner shall provide notification pursuant to California Government Code § 65091.

2. On the date of consideration stated in the public notice, the city planner shall consider the application, including all information gathered during the administrative investigation and public notice period.

3. The city planner shall make a determination to approve, approve with conditions, or deny the application. In approving a conditional use permit, the city planner shall find that:
a. The site for the proposed use is adequate in size and shape to accommodate such use and all yards, spaces, walls and fences, parking, loading, landscaping and other features to adjust such use with the land and uses in the neighborhood;
b. That the site for proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; c. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;
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d. That the conditions stated in the project approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:
i. Special yards, spaces and buffers;
ii. Fences and walls;
iii. Surfacing of parking areas subject to specifications; iv. Requiring street dedications and improvements (or bonds) subject to the provisions of site plan review, Section 17.08.090, including service to roads or alleys when practical; v. Regulation of points of vehicular ingress and egress; vi. Regulation of signs;
vii. Requiring landscaping and the maintenance thereof; viii. Requiring the maintenance of the grounds;
ix. Regulation of noise, vibration, odors, etc.;
x. Regulation of time for certain activities;
xi. The time period within which the proposed use shall be developed; xii. A bond for the removal of such use within a specified period of time; xiii. Such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this title.

4. Appeal to the Planning Commission. The applicant or any aggrieved person may appeal the decision of the city planner to the planning commission. The appeal shall be in writing and shall state the reason(s) for the appeal. The appeal shall be filed with the clerk within fifteen (15) days after the date on which the city planner made the determination regarding the project.

5. Notice of Planning Commission Hearing. Notice of the public hearing before the planning commission shall be given according to subsection (H)(1). The planning commission shall conduct a public hearing on the conditional use permit, and shall uphold or deny the appeal based on the findings listed in subsection (H)(3). The decision of the planning commission may be appealed to the city council as provided in subsections (H)(4) and (H)(5). herein.

I. Major Conditional Use Permit. Following the administrative investigation by the city planner, the planning commission shall hold a public hearing to consider a major conditional use permit.

1. Notice of Commission Hearing. Notice of hearing for a major conditional use permit shall be in accordance with California Government Code § 65091.

2. Public Hearing Procedure. The city planner shall make a written report to the planning commission detailing the proposal and providing a recommendation for approval, approval with conditions, or denial, including a statement to support such recommendation. The planning commission shall review the report and the statement and shall receive pertinent evidence and testimony concerning the proposal and the conditions under which it would be operated and maintained.

3. Planning Commission Determination. Based upon the recommendation from the city planner and any evidence and/or testimony received during the public hearing, the planning commission shall approve, approve with conditions, or deny the proposal. The commission shall announce its determination by resolution within forty (40) days after the conclusion of the public hearings. Such resolution shall set forth the findings contained within subsection (H)(3) herein and any recommended conditions, including time limits, deemed necessary to protect the health, safety and welfare of persons in the Created: 2023-08-15 15:51:08 [EST]
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neighborhood and in the community as a whole. The resolution shall be mailed to the applicant at the address shown in the application. The applicant, or any aggrieved person, may appeal any decision of the commission to the city council as provided in subsections (H)(4) and (H)(5) herein.

J. Effect of Decision. Unless an appeal is submitted to the city clerk as provided in subsections (H)(4) and (H)(5) herein, the decision of the approving entity shall be final and effective. An appellate body may affirm, reverse, or modify a decision, provided, however, that if a decision denying a use permit is reversed or a decision granting a use permit is modified, the appellate body shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings prerequisite to the granting of a use permit as prescribed in Section 17.08.050(H)(3).

K. Building Permits and Occupancy. Before a building permit shall be issued for any building or structure proposed within a conditional use permit, the building department shall secure written verification from the city planner that any proposed building location(s) is in conformity with the approved site plan, if applicable, and any conditions of approval have been met. Before a building may be occupied, the building inspector shall verify to the city planner that the site has been developed in conformity with the approved site plan, if applicable, and any conditions of approval.

L. Lapse of Use Permit. A use permit shall lapse and shall become void one year following the date on which the use permit became effective unless, by conditions of the use permit a greater time is prescribed or unless, prior to the expiration, a building permit is issued by the building official and construction is commenced and being diligently pursued in accordance with the use permit. A use permit may be renewed for an additional period of one year or for a lesser or greater period as may be specified, provided that a written request for renewal is filed with the city planner not less than thirty (30) days prior to the expiration of the previous time period granted. The city planner may grant or deny a request for renewal. Such determination shall be in writing, and shall contain the basis for the determination.

M. Mapping. Within thirty (30) days after the granting of a conditional use permit the city planner shall indicate on the zone map the lots affected by such conditional use permit. Such indication shall show the file number of such permit.

N. Revocation. A conditional use permit may be revoked for failure to comply with conditions of approval, violation of this code, or violations of state or federal statute or regulations as applicable to the use(s) described in the conditional use permit. Upon violation of any applicable provision, the use permit shall be suspended automatically. Notice of suspension shall be sent immediately by the planning official to the applicant or person responsible for noncompliance, and all construction or action relating to the violation shall cease. Within thirty (30) days of the notice of suspension, the planning commission shall consider the suspension. Proceedings for consideration of revocation of a conditional use permit shall be as described in Section 17.08.050(I). If not satisfied that the regulations, provisions or conditions are being fully complied with, the commission shall revoke the use permit or take such action as may be necessary to ensure compliance.

O. Conditional Use Permit to Run With the Land. A use permit granted pursuant to the provisions of this title shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. Conditions of approval associated with the original granting of the use permit shall apply to all successors.

P. New Application. Following the denial of a conditional use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the same site shall be filed within one year from the date of denial or revocation of the use permit. (Amended during 1995 codification; prior code § 13.21.003) (Ord. No. 14-02, §§ 1, 2, 2-11-2014)
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17.08.060 Application for second accessory dwelling unit permit.

A. Purpose. This section establishes development and operations standards for accessory dwelling units and establishes a ministerial review process for the approval of such accessory dwelling units consistent with Government Code Section 66310, as may be amended from time to time. implements Government Code 66310 as may be amended from time to time.

B. Density and Consistency. Accessory dwelling units that confirm to the requirements of this section and with the requirements of Government Code Section 66310 shall:

1. Not be considered for the purposes of evaluating the density requirements established in the General Plan.

2. Be found consistent with the existing General Plan designation and zoning for the lot.

3. Not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

A.C. A. Application. Application for a permit for an second accessory dwelling unit or a junior accessory dwelling unit shall be the same as application for a building permit for a single-family residence.

B.D. B. Filing Fee. The filing fee associated with an second accessory dwelling unit or a junior accessory dwelling unit shall be the calculated in the same manner as the filing fee associated within a single-family residence.

E. C. Mandatory Approval ADUs. The following types of ADUs shall be permitted in residential or mixed-use zones, unless specifically stated otherwise, and shall comply with the following criteria. No additional developments standards shall apply.

1. Detached Accessory Dwelling Units.
a. Location.
(1) Detached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
(2) Detached ADUs may be located in an existing accessory structure. b. Maximum Number of Detached ADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of detached ADUs shall be one. The detached ADU may be in addition to an existing or proposed attached ADU and an existing or proposed JADU.
(2) When accompanied by a proposed or existing multi-family dwelling, the maximum number of detached ADUs shall be two per lot. Detached ADUs are not required to be detached from each other but must be detached from the multifamily dwelling. (3) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) When accompanied by an existing or proposed single-family dwelling, the maximum floor area shall be no more than 1,200 square feet.
(3) When an existing accessory structure is converted to a detached ADU, the maximum square feet may exceed 1,200 square feet to an amount equal to the square footage of the existing accessory structure to be converted.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard. e. Maximum Height. The maximum height of detached ADUs shall be as follows:
(1) For one story detached ADUs, the maximum height shall be 16 feet. Where the detached ADU is located within one-half mile walking distance of a major transit stop or a high-quality transit Created: 2023-08-15 15:51:08 [EST]
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corridor or with an existing or proposed multifamily dwelling of more than one story, the maximum height shall be 18 feet.
(2) For two story detached ADUs, the maximum height shall be 25 feet. (3) Height Exceptions.
(a) An additional two feet in height shall be allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (b) When an existing accessory structure is converted to a detached ADU, the maximum height may exceed the limits of Section 17.08.60(D)(1)(c) to an amount equal to the height of the existing accessory structure to be converted.
f. Parking.
(1) One parking space shall be required for use by the detached ADU in addition to the minimum parking required for the primary single-family or multifamily dwelling(s). The surface of the parking space shall be improved and may be covered or uncovered. (2) Exceptions. No parking shall be required in any of the following circumstances:
(a) The detached ADU is located within one-half mile walking distance of public transit. (b) The detached ADU is located within an architecturally and historically significant historic district.
(c) The detached ADU is part of the proposed or existing primary residence or an accessory structure.
(d) On-street parking permits are required but not offered to the occupant of the detached ADU. (e) There is a car share vehicle located within one block of the detached ADU. g. Occupancy. If permitted after January 1, 2025, owner-occupancy shall be required in the primary dwelling or the newly created detached ADU. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. h. Development Standards. Detached ADUs shall comply with all applicable base zone district development standards, including lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, unless application of any one or more of these standards precludes construction of at least an 800 square foot detached ADU.

2. Attached ADUs.
a. Location. Attached ADUs must be accompanied by a proposed or existing single-family or multifamily dwelling.
b. Maximum Number of Detached ADUs.
(1) When accompanied by a proposed or existing single-family dwelling, the maximum number of attached ADUs shall be one. The attached ADU may be in addition to an existing or proposed detached ADU and an existing or proposed JADU.
(2) In no case shall the total number of primary dwelling and accessory dwelling units exceed four on any given lot zoned for single-family residential uses. c. Floor Area.
(1) The minimum floor area shall be 150 square feet, or the equivalent of an efficiency unit, whichever is greater.
(2) The maximum floor area shall be 50% of the primary dwelling unit floor area, or 1,200 square feet, whichever is greater.
d. Minimum Setbacks. 4-foot side, street side, and rear yard, except when converting or replacing an existing accessory structure that is less than 4 feet from the side, street side, or rear yard. e. Maximum Height. The maximum height of attached ADUs shall be two stories and 25 feet or the maximum height specified by the base zone district, whichever is lower. f. Parking.
(1) One parking space shall be required for use by the attached ADU in addition to the minimum parking required for the primary single-family dwelling. The surface of the parking space shall be Created: 2023-08-15 15:51:08 [EST]
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Mendota City CouncilMay 28, 2024

Mendota City Council
May 28, 2024