Mendota City Council
May 6, 2025

D. Government Code section 65865 requires an applicant for a development agreement to hold a legal or equitable interest in the real property that is the subject of the development agreement. On or about October 22, 2019 the City and VA entered into that certain Purchase and Sale Agreement to purchase that certain real property located approximately one-quarter mile east of W. Belmont Avenue, and approximately one-half mile north of Guillan Park Drive, in the City of Mendota, County of Fresno, State of California, Assessor’s Parcel Number 013-030-68ST (the Site”), as more particularly described in the legal descriptions attached hereto as Exhibit A and depicted on the Site Map attached hereto as Exhibit B.

E. The members of VA determined that it would be in their respective best interests to cause VA to assign the right to purchase the Site under the Purchase and Sale Agreement to two single-purpose entities: (1) OAH; and (2) BOCA DEL RLO HOLDINGS, LLC (“BDR”). On January 26, 2021, the City Council of the City of Mendota approved a third amendment to the Purchase and Sale Agreement, permitting VA to assign its right to purchase the Property to BDR and OAH. VA has assigned its interest in approximately thirty-five (35) acres of the Property to OAH.

F; Prior to close of escrow on Developer’s purchase of the Property, Developer shall submit an application to the City to subdivide the Property into two (2) separate legal parcels, with the first parcel being sixty percent (60%) of the Property, or approximately thirty-five (35) acres (to be operated by Developer, OAH, and/or VA), and the second parcel being forty percent (40%) of the Property, or approximately twenty-four (24) acres (to be operated by BOCA DEL RIO AGRICULTURE, LLC, a California limited liability company; BDR; and/or VA).

G. Developer, OAH, and/or VA proposes to improve, develop, and use the Property as a guard-gated and secure Cannabis Facility for cultivation, manufacturing, and distribution of Cannabis and Cannabis Products, as defined in Section 1.4 of this Agreement, in strict accordance with California Cannabis Laws, as defined in Section 1.4 of this Agreement, as they may be amended from time to time, and the Municipal Code of the City of Mendota as it existed on the Effective Date (the “Project”). Developer, OAH, and/or VA intend to develop the Project in two distinct phases, specifically: (1) the first phase of the Project will consist of land development and the construction of “Outdoor and Mixed Light Cultivation” structures as defined in Section 1.4 of this agreement, located in various areas throughout the Site (“Phase I’), and (2) the second phase of the Project may consist of the construction of a “headhouse” used for the processing of harvested cannabis, administrative offices, employee breakroom(s), restrooms, and other ancillary Project needs (“Phase 2”).

H. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the California Legislature adopted Government Code section 65864 ef seq. (the “Development Agreement Statute”), which authorizes City and an individual with an interest in real property to enter into a development agreement that establishes certain development rights in real property that is subject to a development agreement application.

I. On September 12, 2017, the City Council of Mendota (“City Council”) adopted Ordinance No. 17-13, creating the Commercial Cannabis Overlay District and establishing zoning limitations and requirements for all cannabis businesses located therein, including the proposed

cannabis facility to be located at the Site.

J, On June 11, 2019, the City Council adopted Ordinance No. 19-06, establishing additional requirements for the operation and entitlement of commercial cannabis businesses operating within the City.

K. Prior to the City’s adoption of Ordinance No. 19-06, VA submitted a request to the City for consideration of a development agreement for the Project pursuant to the requirements of Chapter 17.99 of the Mendota Municipal Code.

L, On September 8, 2020, the City Council adopted Ordinance No, 20-16, establishing additional requirements for the operation and entitlement of commercial cannabis businesses operating within the City.

M. Government Code § 65867 requires the Planning Commission to hold a public hearing to review an application for a development agreement.

N. On December 29, 2021, after a duly noticed and held meeting in accordance with Government Code § 65867, the City’s Planning Commission voted to recommend approval of VA’s application for a development agreement for the Project.

O. On January 12, 2021, the City Council, in a duly noticed public hearing, introduced and conducted the first reading of Ordinance No. 21-XX, an Ordinance to Approve a Development Agreement by and Between the City of Mendota and Valley Agricultural Holdings, LLC.

P; Pursuant to Government Code section 65867.5, on January 26, 2021, the City Council reviewed, considered, adopted, and entered into this Agreement pursuant to Ordinance No. 21-XX. ©.

Q. This Agreement is entered into pursuant to the Development Agreement Statute and the Mendota Municipal Code.

R. City, Developer, OAH, and VA desire to enter into this Agreement to: (i) facilitate the orderly development of the Site in general and specifically to ensure that such development is consistent with Title 17 of the Mendota Municipal Code; (ii) create a physical environment that is consistent with, complements, and promotes the purposes and intent of the Commercial Cannabis Overlay District and the regulations adopted therewith; (iii) protect natural resources from adverse impacts; and (vi) reduce the economic risk of development of the Site to both City, Developer, OAH, and VA.

S. The Parties intend through this Agreement to allow Developer, OAH, and/or VA to develop and manage the Project in accordance with the terms of this Agreement. ‘D The City Council has determined that this Agreement is consistent with City’s General Plan and have conducted all necessary proceedings in accordance with City’s Municipal Code for the approval of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are

hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
ARTICLE 1

GENERAL PROVISIONS
Section 1.1, Findings. City hereby finds and determines that entering into this Agreement furthers the public health, safety, and general welfare and is consistent with City’s General Plan, including all text and maps in the General Plan.

Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made a part of this Agreement. In the event of any inconsistency between the Recitals and the provisions of Articles | through 10 of this Agreement, the provisions of Articles 1 through 10 shall prevail. Section 1.3. Exhibits. The following “Exhibits” are attached to and incorporated into this Agreement:

p icnatl Descripi
Exhibit A Legal Description (Entire Site)
Exhibit B Site Map (Entire Site)
Exhibit C Legal Description (Developer/OAH/VA Parcel)
Exhibit D Site Map (Developer/OAH/VA Parcel)
Exhibit E Notice of Non-performance Late Fee
Exhibit F Notice of Termination
Exhibit G Assignment and Assumption Agreement
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meaning:
(a) “Additional Insureds” has the meaning set forth in Section 6.1. (b) “Additional License” means a state license to operate a cannabis business pursuant to the California Cannabis Laws that is not an Authorized License. (c) “Adult-Use Cannabis” means a product containing cannabis, including, but not limited to, concentrates and extractions, intended for use by adults 21 years of age or over in California pursuant to the California Cannabis Laws.
(d) “Agreement” means this Development Agreement, inclusive of all Exhibits attached hereto.
(e) “Application” means the application for a development agreement submitted by

Developer to the City.
(f) “Assignment
and Assumption Agreement” has the meaning set forth in Section 10.1. (g) “AUMA” means the Adult Use of Marijuana Act (Proposition 64) approved by California voters on November 8, 2016.
(h) “Authorized License” has the meaning set forth in Section 2.3. (i) “Bureau” means the Bureau of Cannabis Control within the Department of Consumer Affairs, formerly named the Bureau of Marijuana Control, the Bureau of Medical Cannabis Regulation, and the Bureau of Medical Marijuana Regulation. (j) “California Building Standards Codes” means the California Building Code, as amended from time to time, in Part 2, Volumes | and 2, as part of Title 24 of the California Code of Regulations, as may be adopted by the Mendota Municipal Code. (k) “California Cannabis Laws” includes AUMA, MAUCRSA, CUA, the Medical Marijuana Program Act of 2004 codified as Health and Safety Code sections 11362.7 through

11.62.83, and any other applicable state laws that may be enacted or approved. (1) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. Cannabis and the term “marijuana” may be used interchangeably.
(m) “Cannabis Business” means a cannabis business operating pursuant to an Authorized License.

(n) “Cannabis Product” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

(0) “CEQA” means the California Environmental Quality Act, as set forth in Division 13 (Commencing with Section 21000) of the California Public Resources Code, and the CEQA Guidelines as set forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations. (p) “City” means the City of Mendota, a municipal corporation having general police

powers,
(q) “City Council” means the City of Mendota City Council. (r) “City Manager” means the City Manager of the City of Mendota, or his or her designee.
(s) “Charged Party” has the meaning set forth in Section 8.1. (t) “Charging Party” has the meaning set forth in Section 8.1. (u) “Commercial Cannabis Activity” means to cultivate, manufacture, distribute, or test a cannabis product provided for by Division 10 (commencing with Section 26000) of the Business and Professions Code.
(v) “Conditional Use Permit” means a conditional use permit for the Project issued by the City pursuant to Mendota Municipal Code Chapter 17.08.050. (w) “Contribution Payment” has the meaning set forth in Section 4,2. (x) “CUA” means the Compassionate Use Act (Proposition 215) approved by California voters on November 5, 1996.
(y) “Developer” means Odyssey Agricultural Development LLC and its assignees or successors as allowed herein. Developer also has the meaning set forth in Section 6.1. (z) “Developed Portions of the Property” means the designated structure or structures and land specified in the development agreement application that is owned, leased, or otherwise held under the control of Developer, OAH, and/or VA.
(aa) “Development Agreement Statute” has the meaning set forth in Recital H. (bb) “Exhibits” has the meaning set forth in Section 1.3. (cc) “Gross Receipts” shall mean total revenue received or receivable by the Developer, OAH, and/or VA from any Commercial Cannabis Activity on the Property or from operation of the Project on the Property, including: all sales; the total amount of compensation received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit whether or not such act or service is done as part of or in connection with the sale of materials, goods, wares, or merchandise; and gains realized from trading in stocks or bonds, interest discounts, rents, royalties, fees, commissions, dividends, or other remunerations, however designated. Included in "Gross Receipts" shall be all receipts, cash, credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever, except that the following shall be excluded therefrom:
(1) Cash discounts allowed and taken on Commercial Cannabis Activity sale;

(2) Any tax required by law to be included in or added to the purchase price of Commercial Cannabis Activity and collected from the consumer or purchaser; (3) Such part of the sale price of property returned by purchasers in any Commercial Cannabis Activity upon rescission of a contract of sale as is refunded either in cash or by credit; and (4) Receipts of refundable deposits in any Commercial Cannabis Activity, except that such deposits when forfeited and taken into income of the business shall not be excluded.

The intent of this definition is to ensure that in calculating the payments required under Section

17.99.070(A) of the Mendota Municipal Code, all sales related to Commercial Cannabis Activity or any other cannabis and cannabis products at the Property or through the Project are captured. This definition shall therefore be given the broadest possible interpretation consistent with this intent. (dd) “Indoor Cultivation” means a Type 1A, Type 2A, Type 3A, and Type SA license classifications, as set forth in Business and Professions code sections 26061(a)(2), 26061(a)(6), 26061(a)(9), and 26061(b)(2).

(ee) “Major Amendment” means an amendment that shall have a material effect on the terms of the Agreement. Major Amendments shall require approval by the City Council. (ff) “Marijuana” has the same meaning as cannabis and those terms may be used interchangeably.
(gg) “MAUCRSA” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, codified as Business and Professions Code section 26000 ef seq. (hh) “MCRSA” has the meaning set forth in Recital A.
(ii) “Ministerial Fee” or “Ministerial Fees” have the meanings set forth in Section 4.1. (ij) “Minor Amendment” means a clerical amendment to the Agreement that shall not materially affect the terms of the Agreement (e.g., change of notice address) and any amendment described as minor herein.
(kk) “Mixed-Light Cultivation” means a Type 1B, Type 2B, Type 3B, and Type 5B license classifications, as set forth in Business and Professions code sections 26061(a)(3), 26061(a)(7), 26061(a)(10), and 26061(b)(3).
(i) “Mortgage” has the meaning set forth in Article 7.
(mm) “Non-Performance Late Fee” has the meaning set forth in Section 4.3. (nn) “Notice
of Non-Performance Late Fee” has the meaning set forth in Section

4.3,

7 (00) “Notice
of Termination” has the meaning set forth in Section 9.1. (pp) “Processing Costs” has the meaning set forth in Section 1.11. (qq) “Project” has the meaning set forth in Recital G. (rr) “Project Litigation” has the meaning set forth in Section 10.6.
(ss) “Public Benefit Fee” has the meaning set forth in Section 4.2. (tt) “Outdoor Cultivation” means Type 1, Type 2, Type 3, and Type 5 license classifications, as set forth in Business and Professions code sections 26061(a)(1), 26061 (a)(5), 26061 (a)(8), and 26061(b)(1)
(uu) “Site” has the meaning set forth in Recital D.
(vv) “State
Cannabis Manufacturing Regulations” means the regulations related to cannabis manufacturing issued by a State Licensing Authority in accordance with Chapter 13 (commencing with Section 26130) of Division 10 of the Business and Professions Code, which may be amended from time to time.
(ww) “State Licensing Authority” means the state agency responsible for the issuance, renewal, or reinstatement of a state cannabis license, or the state agency authorized to take disciplinary action against a business licensed under the California Cannabis Laws. (xx) “State Taxing Authority” has the meaning set forth in Section 4.2, (yy) “Subsequent City Approvals” has the meaning set forth in Section 3.1. (zz) “Term” has the meaning described in Section 1.7.

Section 1.5, Project is a Private Undertaking. The Parties agree that the Project is a private development and that City has no interest therein, except as authorized in the exercise of its governmental functions. City shall not for any purpose be considered an agent, partner, or joint venturer of Developer, OAH, VA, or the Project.

Section 1.6. Effective Date of Agreement. This Agreement shall become effective upon the date that the ordinance approving this Agreement becomes effective and title to the Site is vested in the Developer (the “Effective Date”), Section 1.7. Term. The “Term” of this Agreement is twenty (20) years from the Effective Date, unless terminated or extended earlier, as set forth in this Agreement.

(a) Government Tolling or Termination. City may provide written notice to Developer, OAH, and/or VA to cease all Commercial Cannabis Activity, upon which Developer, OAH, and/or VA shall immediately comply, only if City is specifically required to comply with

federal or state law and such federal or state law requires cessation of Cannabis Cultivation Activities. If City temporarily halts this Agreement to comply with federal or state law, this Agreement shall be tolled for an equivalent period of time (the “Tolling Period”). Developer, OAH, and/or VA shall not accrue or be liable to City for any Ministerial Fees or Public Benefit Amount during the Tolling Period. Developer, OAH, and/or VA shall resume paying any applicable fees after the Tolling Period ends. City and Developer, OAH, and/or VA shall discuss in good faith the termination of this Agreement if the Tolling Period exceeds one (1) calendar year. (b) Developer/OAH/VA Tolling or Termination. Developer, OAH, and/or VA shall not temporarily halt or suspend this Agreement for any purpose without causing a default of this Agreement, except as otherwise allowed by this Agreement. (c) Developer/OAH/VA Termination. Developer, OAH, and/or VA may provide written notice to City of intent to cease all Commercial Cannabis Activity, if Developer, OAH, and/or VA are required, directed, or believes, in their sole and absolute discretion, they must temporarily halt or terminate Commercial Cannabis Activity. In such an event, Developer’s, OAH’s, and/or VA’s obligations under this Agreement shall terminate. Any resumption of Commercial Cannabis Activity shall be subject to approval by the City Manager.

Section 1.8. Priority of Enactment. In the event of conflict between the various land use documents referenced in this Agreement, the Parties agree that the following sequence of approvals establishes the relative priority of the approvals, each approval superior to the approvals listed thereafter: (a) General Plan, (b) Agreement, (c) Conditional Use Permit, and (d) Subsequent City Approvals, as defined in Section 3.1 of this Agreement.

Section 1.9. Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing. The City Council hereby expressly authorizes the City Manager to approve a Minor Amendment to this Agreement, upon notification of the City Council. A Major Amendment to this Agreement shall be approved by the City Council. The City Manager shall, on behalf of City, have sole discretion for City to determine if an amendment is a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law.

Section 1.10. Recordation of Development Agreement. The City Clerk shall cause a copy of this Agreement to be recorded against the title of the Site within ten (10) business days of the Effective Date.

Section 1.11. Funding Agreement for Processing Costs. Developer has deposited fifteen thousand dollars ($15,000) with City to pay for the Application, all actual fees and expenses incurred by City that are related to the preparation, processing and annual review of this Agreement, including recording fees, publishing fees, staff time, consultant and attorney fees and costs (collectively, “Processing Costs”). The Processing Costs are refundable solely to the extent of non-expended Processing Costs. Developer shall be entitled to a refund of available Processing Costs only after City determines all financial obligations associated with the Project have been received and paid by City.

(a) Apportionment of Processing Costs. If the amount deposited for purposes of Processing Costs is insufficient to cover all Processing Costs, City shall provide notice to Developer, OAH, and/or VA and Developer, OAH, and/or VA shall deposit with City such additional funds necessary to pay for all Processing Costs within thirty (30) calendar days. The failure to timely pay any such additional amounts requested by City shall be considered a material default of this Agreement and City may immediately terminate this Agreement and all entitlements associated with the project.
(b) Accounting. Developer may request, and City shall issue within two (2) weeks, an accounting and written acknowledgement of Processing Costs paid to City.

ARTICLE 2

DEVELOPMENT OF PROPERTY
Section 2.1. Vested Right of Developer/OAH/VA. During the Term, in developing the Site consistent with the Project described herein, Developer, OAH, and VA are assured that the development rights, obligation terms, and conditions specified in this Agreement, including, without limitation, the terms, conditions, and limitations set forth in the Exhibits, are fully vested in Developer, OAH, and VA and may not be modified or terminated by City except as set forth in this Agreement or with Developer, OAH, and/or VA written consent.

Section 2.2. Vested Right to Develop. In accordance with Section 2.1, Developer, OAH, and/or VA shall have the vested right to develop and use the Project consistent with this Agreement, the existing City regulations and codes, the Conditional Use Permit, and Subsequent City Approvals. Developer, OAH, and VA hereby acknowledge and agree that a condition of approval for the Conditional Use Permit will be that this Agreement remain in full force and effect for the duration of the Term and that any assignment or transfer of Developer’s, OAH’s, and/or VA’s interests under this Agreement may be made only with the City’s consent in accordance with Section 10.1 herein.

Section 2.3. Permitted Uses and Development Standards. Developer, OAH, and/or VA shall be authorized to develop, construct, and use the Site for Commercial Cannabis Activity consistent with the following license

types (the “Authorized License”):

License Description State License Type(s)
Cultivation Indoor LA/2A/3A/5A
Mixed Light Cultivation 1B/2B/3B/SB
Outdoor Cultivation 1/2/3/5
Cultivation Nursery 4
Manufacturing | 6
Manufacturing 2 fi
Laboratory Testing 8
Distribution 11
Transportation 12

Cultivation Processor C-P
Developer, OAH, and/or VA or their tenants or assignees shall be permitted to use the Site consistent

/0
with the Authorized License for the Term of this Agreement and during the time Developer, OAH, and/or VA, or their tenants or assignees, are applying for the Authorized License with the applicable State Licensing Authority. Notwithstanding the foregoing, Developer, OAH, and/or VA, or their tenants or assignees, are required to apply for and obtain the Authorized License from the State of California, If the State Licensing Authority does not grant the Authorized License to Developer, OAH, and/or VA, or their tenants or assignees, Developer, OAH, and/or VA, or their tenants or assignees, shall immediately cease Commercial Cannabis Activity on the Site. Developer and/or OAH, or their tenants or assignees, shall also, within ten (10) calendar days of receiving notice from the State Licensing Authority, notify City of the State Licensing Authority’s denial or rejection of any license. If the Authorized License is not granted by the State of California, Developer, OAH, and/or VA, or their tenants or assignees, shall immediately cease operations. In this situation, this Agreement shall terminate immediately. The Parties intend for this Agreement and the Conditional Use Permit to serve as the definitive and controlling documents for all subsequent actions, discretionary or ministerial, relating to development of the Site and Project.

Section 2.4. Major Amendment to Permitted Uses, Developer, OAH, and/or VA may request to add one or more of the license types then authorized by the California Cannabis Laws to the Authorized License. If City Council allows any Additional Licenses, City Council shall make a finding of whether Developer’s, OAH’s, and/or VA’s, or their tenants’ or assignees’, Additional Authorized Licenses will have any additional impact on City neighborhoods, infrastructure, or services. Developer, OAH, and/or VA shall be required to compensate City for all additional impacts on City infrastructure or services associated with any Additional Licenses and the Public Benefit Fee amount shall be revised accordingly. This process shall be a Major Amendment to this Agreement.

Section 2.5. Development Permit. By entering into this Agreement, City understands and acknowledges that prior to Developer, OAH, and/or VA commencing any development or construction activities on the Site, or the operation of any Commercial Cannabis Activity on the Site, Developer, OAH, and/or VA are required to obtain from the City a Conditional Use Permit and any applicable Subsequent City Approvals. Developer, OAH, and/or VA shall be required to comply with all provisions of the Mendota Municipal Code and any other City rules and administrative guidelines associated with implementation of the Commercial Cannabis Overlay District. Nothing in this Agreement shall be construed as limiting the ability of City to amend the Mendota Municipal Code or issue rules or administrative guidelines associated with implementation of the Commercial Cannabis Overlay District or Developer’s, OAH’s, and VA’s obligation to strictly comply with the same.

Section 2.6. Subsequent Entitlements, Approvals, and Permits. Successful implementation of the Project shall require Developer, OAH, and/or VA to obtain additional approvals and permits from City and other local and state agencies. City shall comply with CEQA in the administration of all Subsequent City Approvals. In acting upon any Subsequent City Approvals, City’s exercise of discretion and permit authority shall conform to this Agreement. Notwithstanding the foregoing, in the course of taking action on the Subsequent City Approvals, City will exercise discretion in adopting mitigation measures as part of the Conditional Use Permit. Any entitlements and/or development standards required by the City that are not contemplated in the Conditional Use Permit shall, to the extent practicable, be consistent with the County of Fresno’s development standards for “Exclusive Agricultural” uses as set forth in the Fresno County Ordinance Code - Division 6, Zoning Ordinance. The exercise of this discretion is not prohibited by this Agreement, but the exercise of

that discretion must be reasonable and consistent with this Agreement. Nothing in this Agreement shall preclude the evaluation of impacts or consideration of mitigation measures or alternatives, as required by CEQA.

Section 2.7. No Commitment to Project Approval. Developer, OAH, and VA understand and acknowledge that City shall be under no obligation whatsoever to approve or to issue to Developer, OAH, or VA any development entitlement, including, but not limited to, a Conditional Use Permit or any applicable Subsequent City Approvals, related to Developer’s, OAH’s, and/or VA’s development or construction activities on the Site, or the operation of any Commercial Cannabis Activity on the Site. City will conduct environmental review of the relevant activity or activities in accordance with the requirements of CEQA prior to granting any approval associated with the Development Entitlements. Developer, OAH, and VA acknowledge and agree that, in accordance with Seller’s obligations under CEQA, City may, after conducting appropriate environmental review, decide not to approve some or all of the required development entitlements, or may approve some or all of the development entitlements subject to conditions. The Parties expressly intend that nothing in this Agreement shall be interpreted as a commitment by City to grant any development entitlements to Developer, OAH, or VA prior to City’s completion of appropriate environmental review in accordance with CEQA, or as an abrogation of the City’s obligation to exercise its independent judgement in deciding whether to grant any development entitlement or whether to impose conditions on any development entitlement.

Section 2.8. Initiatives and Referenda. If any City ordinance, rule, or regulation, or addition to the Mendota Municipal Code is enacted or imposed by a citizen-sponsored initiative or referendum after the Effective Date that would conflict with this Agreement, an associated Conditional Use Permit, Subsequent City Approvals, or reduce the development rights or assurances provided to Developer, OAH, and VA in this Agreement, such Mendota Municipal Code changes shall not be applied to the Site or Project; provided, however, the Parties acknowledge that City’s approval of this Agreement is a legislative action subject to referendum. City shall cooperate with Developer, OAH, and/or VA and shall undertake such reasonable actions as may be appropriate to ensure this Agreement remains in full force and effect and is implemented in accordance with its terms to the fullest extent permitted by state or federal law.

Section 2.9. Regulation by Other Government Entities. Developer, OAH, and VA acknowledge that City does not have authority or jurisdiction over any other government entities’ ability to grant governmental approvals or permits or to impose a moratorium or other limitations that may negatively affect the Project or the ability of City to issue a permit to Developer, OAH, and VA or comply with the terms of this Agreement. Any moratorium imposed by another government entity, including the State Licensing Authority, on City shall not cause City to be in breach of this Agreement.

Section 2.10. Developer’s Right to Rebuild. Developer, OAH, and/or VA may renovate portions of the Site or the OAH Parcel any time within the Term of this Agreement consistent with the Mendota Municipal Code. Any such renovation or rebuild shall be subject to all design, building code, and other requirements imposed on the Project by this Agreement.

Section 2.11. Changes in California Building Standards Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring

from time to time to the California Building Standards Codes.

Section 2.12. Changes Mandated by Federal or State Law. The Site and Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the Mendota Municipal Code, or mandate the adoption or amendment of local regulations, or are in conflict with this Agreement or local rules or guidelines associated with the Commercial Cannabis Overlay District.

As provided in Section 65869.5 of the Development Agreement Statute, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, City, Developer, OAH, and/or VA shall provide the other Parties with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised with the provisions of the Mendota Municipal Code or this Agreement. Promptly thereafter, City, Developer, OAH, and/or VA shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, City, Developer, OAH, and/or VA will attempt to preserve the terms of this Agreement and the rights of Developer, OAH, and VA derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer, OAH, and/or VA for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer’s, OAH’s, or VA’s proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement.

Section 2.13. Health and Safety Emergencies. In the event that any future public health and safety emergencies arise with respect to the development contemplated by this Agreement, City agrees that it shall attempt, if reasonably possible as determined by City in its discretion, to address such emergency in a way that does not have a material adverse impact on the Project. If City determines, in its discretion, that it is not reasonably possible to so address such health and safety emergency so as to not have a material adverse impact on the Project, to select that option for addressing the situation which, in City’s discretion, minimizes, so far as reasonably possible, the impact on development and use of the Project in accordance with this Agreement, while still addressing such health and safety emergency in a manner acceptable to City.

ARTICLE 3

ENTITLEMENT AND PERMIT PROCESSING, INSPECTIONS
Section 3.1. Subsequent City Approvals. City has the authority to permit the development, construction, and conditionally permitted use contemplated in this Agreement. City agrees to timely review, pursuant to the terms of this Agreement, the Mendota Municipal Code as it existed on the Effective Date, and applicable law, any Subsequent City Approvals reasonably necessary to complete the goals, objectives, policies, standards, and plans described in this Agreement.

Subsequent City Approvals include any applications, permits, and approvals required to complete the improvements necessary to develop the Site, in general accordance with this Agreement (“Subsequent City Approvals”). Nothing herein shall require City to provide Developer, OAH,

and/or VA with Subsequent City Approvals prior to, or without complying with, all of the requirements in this Agreement, the Mendota Municipal Code as it existed on the Effective Date, and any applicable law.

Section 3.2. Timely Processing. City shall use its reasonable best efforts to process, within a reasonable time, any Subsequent City Approvals or environmental review requested by Developer during the Term of this Agreement.

Section 3.3. Cooperation between City and Developer/OAH/VA. Consistent with the terms set forth herein, City agrees to cooperate with Developer, OAH, and/or VA, on a timely basis, in securing all permits or licenses that may be required by City or any other government entity with permitting or licensing jurisdiction over the Project.

Section 3.4. Further Consistent Discretionary Actions. The exercise of City’s authority and independent judgment is recognized under this Agreement, and nothing in this Agreement shall be interpreted as limiting City’s discretion or obligation to hold legally required public hearings. Except as otherwise set forth herein, such discretion and action taken by City shall, however, be consistent with the terms of this Agreement and not prevent, hinder, or compromise development or use of the Site as contemplated by the Parties in this Agreement.

ARTICLE 4

PUBLIC BENEFIT, PROCESSING, AND OVERSIGHT
Section 4.1. Processing Fees and Charges. Developer, OAH, and/or VA shall pay to City those processing, inspection, plan checking, and monitoring fees and charges required by City which are in force and effect at the time those fees and charges are incurred (including any post-Effective Date increases in such fees and charges) for processing applications and requests for building permits, inspections, other permits, approvals and actions, and monitoring compliance with any permits issued or approvals granted or the performance of any conditions (each a “Ministerial Fee” and collectively, the “Ministerial Fees”).

Section 4.2. Public Benefit.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefits upon Developer, OAH, and VA that will place burdens upon City infrastructure, services, and neighborhoods. Accordingly, the Parties intend to provide consideration to City to offset these impacts that is commensurate with the private benefits conferred on Developer, OAH, and VA (the “Public Benefit Fee”). Developer, OAH, and VA acknowledge that the Public Benefit Fees provided for herein are greater than the annual fee provided for in Mendota Municipal Code section 17,99,070 and, despite this fact, voluntarily agree to pay the fees contemplated herein, acknowledging that the private benefits conferred are of equal or greater consideration to the fees, and waives any right to challenge said fees as a violation of any law. In consideration of the foregoing, Developer, OAH, and/or VA shall remit to City:
(1) A one-time Public Contribution Payment in the amount of ONE HUNDRED AND TWENTY THOUSAND DOLLARS ($120,000) (the “Contribution Payment”) within thirty (30) days of Developer, OAH, and/or VA closing escrow on that certain Purchase and Sale Agreement and Joint Escrow Instructions entered into by and between Developer, OAH, VA, and City on or

about October 22, 2019, and thereby, Developer, OAH, and/or VA obtaining fee title interest to the Property. City acknowledges that Developer’s, OAH’s, and/or VA’s obligation to remit the Contribution Payment to the City, or any portion thereof, is strictly conditioned on (a) the Agreement having obtained final City approval, (b) Developer having obtained the Conditional Use Permit as discussed in Section 2.5 above, (c) Developer having obtained any and all “Subsequent Entitlements, Approvals, and Permits” as discussed in Section 2.6 above, and (d) Developer having obtained any and all “Subsequent City Approvals” as discussed in Section 3.1 above. (2) As described in Section 17.99.070 of the Mendota Municipal Code, an annual “Public
Benefit Fee” in the greatest amount of the following, as applicable:
(i) FIVE DOLLARS ($5.00) per square foot for so long as the Developed Portions of the Property are less than two hundred thousand (200,000) square feet; or (ii) FOUR DOLLARS ($4.00) per square foot for so long as the Developed Portions of the Property are between two hundred thousand (200,000) square feet and four hundred ninety-nine, nine hundred ninety-nine thousand (499,999) square feet; or (iii) For so long as the Developed Portions of the Property are five hundred thousand (500,000) square feet or greater, the greater amount of the following:
(a) SIX HUNDRED THOUSAND DOLLARS ($600,000); or
(b) Four percent (4%) of the Project’s annual Gross Receipts, as defined in Section 1.4.

To the extent that Section 4,2(a)(2) is applicable for the calculation of the Public Benefit Fee, said fee will be adjusted pursuant to the Consumer Price Index for the Fresno/Clovis metropolitan area (All Urban Consumers) published by the United Stated Department of Labor, Bureau of Labor and Statistics (“Index”). The adjustment shall be made based on the first Index published in the year for which the Public Benefit Fee is paid and shall be subject to a maximum increase of 2% in any given year,

(3) The annual Public Benefit Fee described in Section 4.2, above, shall be paid in quarterly installments on the first (1st) business day of every third (3rd) month (“Quarterly Payment”). (b) Developer, OAH, and/or VA shall remit the Contribution Payment and the Public Benefit Fee as applicable, to City as described in subdivisions (a.1), (a.2), and (a.3) of this Section.

Failure to remit the Contribution Payment and Public Benefit Fee, as applicable, is a material breach of this Agreement and shall be sufficient grounds for revocation of all entitlements associated with the Project. For purposes of clarity and avoidance of doubt, the Parties agree and acknowledge that Developer’s, OAH’s, and/or VA’s obligation to commence making the Public Benefit Fee payment to the City shall commence on the first day of Project operation when the first crop is planted and not prior to that date.

Section 4.3. Reporting. Developer, OAH, and/or VA shall provide City with copies of any reports

provided to a State Licensing Authority or a State Taxing Authority within forty-five (45) calendar days of that submission. Failure or refusal of Developer, OAH, and/or VA to (a) provide any such report to City, State Licensing Authority, or the State Taxing Authority within the time required by that entity, or (b) pay the Public Benefit Amount or amount due to a State Licensing Authority or State Taxing Authority when the same are due and payable, shall constitute full and sufficient grounds for the revocation or suspension of the Conditional Use Permit and all entitlements associated with the Project. Section 4.4, Records. Subsequent tenants or assignees shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (commencing with Section 26160) of Division 10 of the Business and Professions Code and the State Retail Cannabis Regulations. All records required by this Article 4 shall be maintained and made available for City’s examination and duplication (physical or electronic) at the Site or at an alternate facility as approved in writing by the City Manager or his or her designee. Upon request, Developer, OAH, and/or VA shall make all records relating to this Article 4 available to City within three (3) calendar days. Section 4.5. Late Fee. Developer, OAH, and VA acknowledge that, to ensure proper compliance with the terms of this Agreement and any applicable laws, City must engage in costly compliance review, inspections, and, if necessary, enforcement actions to protect the health, safety, and welfare of its residents. Liquidated damages and interest provisions are necessary to assist City in compliance review and enforcement actions. If Developer, OAH, or VA fail to make any payment when due as required by this Agreement, including the Public Benefit Amount, City may impose a “NonPerformance Late Fee.” A Non-Performance Late Fee of one percent (1%) shall be applied to all past due payments. City shall deliver to Developer, OAH, and/or VA a “Notice of Non-Performance Late Fee,” attached hereto as Exhibit C. Payment of the Non-Performance Late Fee shall be in a single installment due on or before a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Late Fee. The Parties hereto acknowledge and agree that the sums payable under this Section 4.5 shall constitute liquidated damages and not penalties and are in addition to all other rights of the City, including the right to call a default. The Parties further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified herein bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred in connection with any failure by Developer, OAH, or VA to remit payment as required by this Agreement, (iii) one of the reasons for the Parties’ agreement as to such amounts was the uncertainty and cost of litigation regarding the question of actual damages, and (iv) the Parties are sophisticated business parties and have been represented by sophisticated and able legal counsel and negotiated this Agreement at arm’s length.

Section 4.6. Interest on Unpaid Non-Performance Late Fee. If Developer, OAH, and/or VA fail to pay the Non-Performance Late Fee after City has delivered the Notice of Non-Performance Late Fee, then, in addition to the principal amount of the Non-Performance Late Fee, Developer, OAH, and/or VA shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non-Performance Late Fee, from a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Late Fee. Section 4.7, Exempt from City Tax. For the Term of this Agreement, Developer, OAH, and VA shall be exempt from any City tax on commercial cannabis businesses. Notwithstanding the

/
' { (p
foregoing, Developer, OAH, and/or VA and Project shall be subject to any and all taxes, assessments, or similar charges or fees of general applicability enacted by the federal government, state government, or County of Fresno, including any tax applicable to an area greater than the City limits to which City may be a party (i.e., county tax sharing agreement), In the event that the City applies a new tax on commercial cannabis businesses during the term of this Agreement, the City shall refund or credit the amount owed by Developer, OAH, and/or VA pursuant to the Public Benefit Fee by an equal amount to any new tax on commercial cannabis businesses.

Section 4.8. Employing City Residents. Developer, OAH, and/or VA agree to use their best efforts to promote the hiring and employment of local City residents to construct, if necessary, and operate the business(es) within the Project. As part of such efforts, Developer, OAH, and/or VA agree to include in any lease, license, or other conveyance of any right to use the Project such language that any transferee of such interest shall use its best efforts to hire and employ local City residents for its business. Section 4.9, Contracting with Local Businesses. Developer, OAH, and VA agree to use their best efforts to promote the contracting of local businesses to construct, if necessary, and operate the business(es) within the Project. As part of such efforts, Developer, OAH, and/or VA agree to include in any lease, license or other conveyance of any right to use the Project such language that any transferee of such interest shall use its best efforts to contract with local City businesses for its business. Section 4.10. Manner of Payment. All payments required to be made to City pursuant to this Agreement shall be paid by Developer, OAH, and/or VA via check, ACH payment, or wire transfer through a bank licensed and in good standing with all appropriate regulatory bodies. No payment required pursuant to this Agreement may be made in cash. Developer, OAH, and VA understand and agree that any failure to comply with this Section 4.10 shall constitute a material breach of this Agreement.

Section 4.11. Development Incentive. To provide an incentive for Developer’s development of the Property and construction of the Project, and to facilitate Developer’s prompt performance of its obligations under this Agreement in a manner that will maximize the financial benefit to City over the Term of this Agreement, City shall, within the first year of the Project’s operation, recognize a $25,000 credit in Developer’s favor to be applied to any liability of Developer to the City. The liability or liabilities to which the credit is applied shall be determined by the City Manager in consultation with Developer.

ARTICLE 5

PUBLIC FACILITIES, SERVICES, AND UTILITIES
Section 5.1. City Use of Public Benefit Fee. City shall use the Public Benefit Amount to pay for the impact on and maintenance or improvement of City neighborhoods, for the general welfare of the residents of Mendota, and the existing level of service of City infrastructure and services to accommodate for the Project.

ARTICLE 6

INSURANCE AND INDEMNITY
Section 6.1. Insurance. Developer, OAH, and/or VA shall require all persons doing work on the Project, including their contractors and subcontractors (collectively, “Developer” for purposes of this Article 6 only), to obtain and maintain insurance of the types and in the amounts described in this Article with carriers reasonably satisfactory to City. (a) General Liability Insurance. Developer, OAH, and/or VA shall maintain commercial general liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) (or as otherwise approved, in writing, by City) per claim and Two Million Dollars ($2,000,000) each occurrence. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as “Additional Insureds” by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed additional insured.

(ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives. (iii) Contain standard separation of insured provisions. (b) Automotive Liability Insurance. Developer, OAH, and/or VA shall maintain business automobile liability insurance or equivalent form with a limit of not less than One Million Dollars ($1,000,000) for each accident. Such insurance shall include coverage for owned, hired, and non-owned automobiles. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives as Additional Insureds by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed Additional Insureds. (ii) Be primary with respect to any insurance or self-insurance programs covering City, its officials, employees, agents, and representatives, (iii) Contain standard separation of insured provisions. (c) Workers’ Compensation Insurance. Developer, OAH, and/or VA shall take out and maintain during the Term of this Agreement, workers’ compensation insurance for all of Developer’s, OAH’s, and/or VA’s employees employed at or on the Project, and in the case any of the work is subcontracted, Developer, OAH, and/or VA shall require any general contractor or subcontractor similarly to provide workers’ compensation insurance for such contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Developer, OAH, and/or VA . In case any class of employee engaged in work on the Project is not protected under any workers’ compensation law, Developer, OAH, and/or VA shall provide and shall cause each contractor and subcontractor to provide adequate insurance for the protection of

employees not otherwise protected. Developer, OAH, and VA hereby indemnify City for any damage resulting from failure of Developer, OAH, and/or VA, their agents, employees, contractors, or subcontractors to take out or maintain such insurance. Workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) for each accident shall be maintained.

Section 6.2. Other Insurance Requirements. Developer, OAH, and VA shall do all of the following:
(a) Prior to taking any actions under this Agreement, furnish City with properly executed certificates of insurance that clearly evidence all insurance required in this Article, including evidence that such insurance will not be canceled, allowed to expire, or be materially reduced in coverage without thirty (30) days prior written notice to City. (b) Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and policies, and properly executed certificates of insurance evidencing the insurance required herein. © Replace or require the replacement of certificates, policies, and endorsements for any insurance required herein expiring prior the termination of this Agreement. @) Maintain all insurance required herein from the Effective Date of this Agreement to the earlier of the expiration of the Term or the mutual written termination of this Agreement. © Place all insurance required herein with insurers licensed to do business in California with a current Best’s Key Rating Guide reasonably acceptable to City. Section 6.3. Indemnity. To the fullest extent permitted by law, Developer, OAH, and/or VA shall defend, indemnify, and hold harmless City and its agents, elected and appointed officials, officers, employees, consultants, and volunteers (collectively, “City’s Agents”) from any and all liability arising out of a claim, action, or proceeding against City, or City’s Agents, to attack, set aside, void, or annul an approval concerning the Project, this Agreement, any applicable Conditional Use Permit, or Subsequent City Approvals.

Upon receiving notice of a claim, action, or proceeding, Developer, OAH, and/or VA shall assume the defense of the claim, action, or proceeding through the prompt payment of all attorneys’ fees and costs, incurred in good faith and in the exercise of reasonable discretion, of City’s counsel in defending such an action. City shall have the absolute and sole authority to control the litigation and make litigation decisions, including, but not limited to, selecting counsel to defend City and settlement or other disposition of the matter. The City’s remedies are limited to that portion of the Project that is in breach of this Section 6.3.

Section 6.4. Failure to Indemnify; Waiver. Failure to indemnify City, when required by this Agreement, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit and Subsequent City Approvals, which shall entitle City to all remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnify City shall constitute grounds upon which City may rescind its approval of any applicable Conditional Use Permit or entitlements associated with the Project. Developer’s, OAH’s, and/or VA’s failure to

indemnify City shall be a waiver by Developer, OAH, and/or VA of any right to proceed with the Project, or any portion thereof, and a waiver of Developer’s, OAH’s, and/or VA’s right to file a claim, action, or proceeding against City or City’s Agents based on City’s rescission or revocation of any Conditional Use Permit, Subsequent City Approvals, or City’s failure to defend any claim, action, or proceeding based on Developer’s, OAH’s, and/or VA’s failure to indemnify City. Section 6.5. Waiver of Damages. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge that City would not have entered into this Agreement had it been exposed to liability for damages from Developer, OAH, and/or VA and, therefore, Developer, OAH, and VA hereby waive all claims for damages against City for breach of this Agreement. Developer, OAH, and VA further acknowledge that under the Development Agreement Statute, land use approvals (including development agreements) must be approved by the City Council and that, under law, the City Council’s discretion to vote in any particular way may not be constrained by contract.

Developer, OAH, and VA therefore waive all claims for damages against City in the event that this Agreement or any Project approval is: (1) not approved by the City Council or (2) is approved by the City Council, but with new changes, amendments, conditions, or deletions to which Developer, OAH, and/or VA are opposed. Developer, OAH, and VA further acknowledge that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under law, the City Council’s discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer, OAH, and VA waive all claims for damages against City in this regard.

ARTICLE 7

MORTGAGEE PROTECTION
Section 7.1. Supremacy Over Liens. This Agreement, once executed and recorded, shall be superior and senior to any lien placed upon the Site or any portion thereof following recording of this Agreement, including the lien of any deed of trust or mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish, or impair the lien of any Mortgage made in good faith and for value, This Agreement shall be deemed in default and terminate as to an interest in the Site or Project upon the foreclosure or transfer of that interest, whether by operation of law or any other method of interest change or transfer, unless the City Manager has authorized such change or transfer in advance, in writing, which such authorization shall not be unreasonably withheld or conditioned.

ARTICLE 8

DEFAULT
Section 8.1. General Provisions.
(a) Subject only to any extensions of time by mutual consent in writing, or as otherwise provided herein, the failure or delay by any Party to perform in accordance with the terms and provisions of this Agreement shall constitute a default. Any Party alleging a default or breach of this Agreement (“Charging Party”) shall give the other Party (“Charged Party”) not less than thirty (30) calendar days’ written notice, which shall specify the nature of the alleged default and the manner in which the default may be cured. During any such thirty (30) calendar day period, the Charged Party shall not be considered in default for purposes of termination of this Agreement or institution of legal

proceedings for the breach of this Agreement.
(b) After expiration of the thirty (30) calendar day period, if such default has not been cured or is not in the process of being diligently cured in the manner set forth in the notice, or if the breach cannot reasonably be cured within thirty (30) calendar days, the Charging Party may, at its option, institute legal proceedings pursuant to this Agreement or give notice of its intent to terminate this Agreement pursuant to Government Code section 65868. In the event City is the Charging Party, City may, in its sole discretion, give notice, as required by law, to the Charged Party of its intent to revoke or rescind any operable Conditional Use Permit or other entitlement related to or concerning the Project. (c) Prior to the Charging Party giving notice to the Charged Party of its intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review by City in the manner set forth in Government Code sections 65865, 65867, and 65868 or the comparable provisions of the Mendota Municipal Code within thirty (30) calendar days from the expiration of the thirty (30) day notice period. (d) Following consideration of the evidence presented and said review before City, and after providing the Charged Party an additional five (5) calendar day period to cure, the Charging Party may institute legal proceedings against the Charged Party or may give written notice of termination of this Agreement to the Charged Party.
(e) Evidence of default may arise in the course of a regularly scheduled periodic review of this Agreement pursuant to Government Code section 65865.1, as set forth in Section 8.2. If any Party determines that another Party is in default following the completion of the normally scheduled periodic review, without reference to the procedures specified in Section 8.1(c), said Party may give written notice of termination of this Agreement, specifying in the notice the alleged nature of the default and potential actions to cure said default where appropriate. If the alleged default is not cured in thirty (30) calendar days or within such longer period specified in the notice or the defaulting Party is not diligently pursuing a cure or if the breach cannot reasonably be cured within the period or the defaulting party waives its right to cure such alleged default, this Agreement may be terminated by the non-defaulting Party by giving written notice. (f) In the event Developer, OAH, and/or VA are in default under the terms and conditions of this Agreement, no permit application shall be accepted by City nor will any permit be issued to Developer, OAH, and/or VA until the default is cured, or the Agreement is terminated. (g) In the event that a person or entity other than the Developer, OAH, and/or VA are in default, Developer, OAH, and/or VA shall use commercially reasonable efforts to bring the person or entity in default into compliance. The City shall provide the Developer, OAH, and/or VA with notice and opportunity to cure as provided for in paragraph (a) through (e) above, except that the time periods in paragraphs (a), (b), (c), and (e) shall be ninety (90) days. Section 8.2. Annual Review. City shall, at least every twelve (12) months during the Term of this Agreement, review the extent of good faith, substantial compliance of Developer, OAH, and/or VA and City with the terms of this Agreement. Such periodic review by City shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code section

65865.1. City shall deposit in the mail or fax to Developer, OAH, and/or VA a copy of all staff reports and, to the extent practical, related exhibits concerning this Agreement or the Project’s performance, at least seven (7) calendar days prior to such periodic review. Developer, OAH, and/or VA shall be entitled to appeal a determination of City or City Manager to the City Council. Any appeal must be filed within ten (10) calendar days of the decision of City or the City Manager, respectively. Developer, OAH, and/or VA shall be permitted an opportunity to be heard orally or in writing regarding its performance under this Agreement before City, the City Manager, or City Council, as applicable. Section 8.3. Estoppel Certificates. City shall, with at least twenty (20) calendar days’ prior written notice, execute, acknowledge, and deliver to Developer, OAH, VA, Developer’s, and/or OAH’s lender, potential investors, or assignees an Estoppel Certificate in writing which certifies that this Agreement is in full force and effect, that there are no breaches or defaults under the Agreement, and that the Agreement has not been modified or terminated and is enforceable in accordance with its terms and conditions.
(a) At Developer’s, OAH’s, and/or VA’s option, City’s failure to deliver such Estoppel Certificate within the stated time period shall be conclusive evidence that the Agreement is in full force and effect, that there are no uncured breaches or defaults in Developer’s, OAH’s, and/or VA’s performance of the Agreement or violation of any City ordinances, regulations, and policies regulating the use and development of the Site or the Project subject to this Agreement.

Section 8.4. Default by City. In the event City does not accept, review, approve, or issue any permits or approvals in a timely fashion, as defined by this Agreement, or if City otherwise defaults under the terms of this Agreement, City agrees that Developer, OAH, and/or VA shall not be obligated to proceed with or complete the Project, and shall constitute grounds for termination or cancellation of this Agreement by Developer, OAH, and/or VA. Section 8.5, Cumulative Remedies of Parties. In addition to any other rights or remedies, City, Developer, OAH, and/or VA may institute legal or equitable proceedings to cure, correct, or remedy any default, enforce any covenant, or enjoin any threatened or attempted violation of the provisions of this Agreement, so long as any such action conforms to Section 8.1(c) of this Agreement.

Section 8.6. Enforced Delay, Extension of Times of Performance. Delays in performance, by either Party, shall not be deemed a default if such delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed where mandated by governmental entities other than City, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, litigation, or other force majeure events. An extension of time for such cause shall be in effect for the period of forced delay or longer, as may be mutually agreed upon.

ARTICLE 9 TERMINATION
Section 9.1. Termination Upon Completion of Development. This Agreement shall terminate upon the expiration of the Term, unless it is terminated earlier pursuant to the terms of this Agreement. Upon termination of this Agreement, City shall record a notice of such termination in substantial conformance with the “Notice of Termination” attached hereto as Exhibit D, and this Agreement shall be of no further force or effect except as otherwise set forth in this Agreement.

Section 9.2. Effect of Termination on Developer/OAH/VA Obligations. Termination of this Agreement shall eliminate any further obligation of Developer, OAH, and/or VA to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project.

Termination of this Agreement, in whole or in part, shall not, however, climinate the rights of Developer, OAH, and/or VA to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination. Section 9.3. Effect of Termination on City’s Obligations. Termination of this Agreement shall eliminate any further obligation of City to comply with this Agreement, or some portion thereof.

Termination of this Agreement shall not, however, eliminate the rights of City to seek any applicable and available remedies or damages based upon acts or omissions occurring before termination.

Section 9.4, Survival After Termination. The rights and obligations of the Parties set forth in this Section 9.4, Section 2.9, Section 6.3, Section 10.3, Section 10.4, Section 10.5, Section 10.7, and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is intended to survive termination of this Agreement, will survive any such termination.

ARTICLE 10

OTHER GENERAL PROVISIONS
Section 10.1. Assignment and Assumption. The rights granted to Developer, OAH, and/or VA under this Agreement are personal to Developer, OAH, and/or VA and Developer, OAH, and VA shall not have the right to sell, assign, or transfer all or any part of its rights, title, and interests in all or a portion of Site, or Project, subject to or a part of this Agreement, to any person, firm, corporation, or entity during the Term of this Agreement without the advance written consent of the City Manager.
(a) The City Manager’s consent shall not be unreasonably withheld or conditioned; however, Developer, OAH, and VA hereby acknowledge and agree that in no event shall it be unreasonable for the City Manager to withhold or condition consent if the proposed assignee or transferee cannot:
(i) Demonstrate financial resources in the form of a financial statement, balance sheet, or tax returns that attest to the assignee or transferee’s financial health and ability to finance and operate the proposed business for a minimum of twelve (12) months; and (ii) | Demonstrate technical expertise through utilization of a substantial portion of the Project’s existing management team or through a detailed description of the transferee’s experience in operating the same or similar type of project. (b) Upon City’s receipt of written notice that Developer, OAH, and/or VA propose to assign or transfer any of its rights or interests under this Agreement, the City Manager shall, within thirty (30) days of receiving all requested information regarding the proposal from Developer, OAH, and/or VA, notify Developer, OAH, and/or VA in writing whether the City intends to withhold or condition its consent pursuant to this Section 10.1 and the reasons therefor.

(c) If the City Manager notifies Developer, OAH, and/or VA that the City intends to withhold consent pursuant to this Section 10.1, the Parties shall meet and confer in good faith to determine whether, in lieu of withholding consent, the City’s concerns can be adequately addressed by imposing appropriate conditions on the City’s consent. (d) ‘If the Parties are unable to reach agreement regarding the proposed assignment or transfer, Developer, OAH, and/or VA may, within ten (10) days after meeting and conferring pursuant to subdivision (c) above, appeal the City Manager’s decision to the City Council. In such event, the City Council shall finally determine, in its sole and absolute discretion, whether the withholding or conditioning of consent to the proposed assignment or transfer is reasonable. (e) Any assignment or transfer in violation of this Section 10.1 will be automatically void and will be considered an immediate, material breach of this Agreement such that City may elect to immediately terminate this Agreement. If the City Manager approves an assignment or transfer of any interest detailed in this Section 10.1, City, Developer, OAH, and VA shall execute an “Assignment and Assumption Agreement” in the form attached hereto as Exhibit E. Nothing in this Section 10.1 applies to Developer’s, OAH’s, and/or VA’s capitalization or ownership provisions.

Section 10.2. Covenants Running with the Land. For so long as this Agreement is in full force and effect, all of the provisions contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of interest in the Site or Project, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law, including California Civil Code section!468,. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Site, and is binding upon Developer, OAH, and VA .

Section 10.3. Notices. Any notice or communication required hereunder between City and Developer, OAH, and/or VA must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine, Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which

such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City:

And to:

If to Developer:

And to:

If to OAH:

And to:

Ifto VA:

And to:

City of Mendota 643 Quince Street Mendota, CA 93640
Attention: Cristian Gonzalez, City Manager
Wanger Jones Helsley PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Attention: John P. Kinsey, Esq.

Odyssey Agricultural Development LLC 2222 E. Olympic Blvd.

Los Angeles, CA 90021 Attention: Legal Department
Weinberg Gonser LLP
10866 Wilshire Boulevard, Suite 1650
Los Angeles, CA 90024
Attention: Russell Greenman, Esq.

Odyssey Agricultural Holdings LLC 2222 E,. Olympic Blvd. Los Angeles, CA 90021 Attention: Legal Department Weinberg Gonser LLP
10866 Wilshire Boulevard, Suite 1650
Los Angeles, CA 90024
Attention: Russell Greenman, Esq.

Valley Agricultural Holdings LLC
2151 E. Convention Center Way, Suite 222
Ontario, CA 91764 Attention: Richard Munkvold Valley Agricultural Holdings, LLC 2151 E. Convention Center Way, Suite 114
Ontario, CA 91764 Attention: Steven B. Imhoof, Esq.

Section 10.4. Governing Law and Binding Arbitration. The validity, interpretation, and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State

of California. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by binding arbitration in Fresno, California, before one arbitrator. The arbitration shall proceed pursuant to the Comprehensive Arbitration Rules and Proceedings of the Judicial Arbitration and Mediation Services, Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Section 10.5. Invalidity of Agreement/Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any term or provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any term or provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, any provisions that are not invalid or unenforceable shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this Agreement is invalid, unenforceable, or illegal. By entering into this Agreement, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this Agreement is not required because the Agreement is invalid, unenforceable, or illegal.

Section 10.6. Cumulative Remedies. In addition to any other rights or remedies, City, Developer, OAH, and/or VA may institute legal or equitable proceedings to cure, correct, or remedy any default, to specifically enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation of the provisions of this Agreement. The prevailing party in any such action shall be entitled to reasonable attorneys’ fees and costs. Notwithstanding the foregoing or any other provision of this Agreement, in the event of City default under this Agreement, Developer, OAH, and VA agree that Developer, OAH, and VA may not seek, and shall forever waive any right to, monetary damages against City, but excluding therefrom the right to recover any fees or charges paid by Developer, OAH, and/or VA in excess of those permitted hereunder. Section 10.7. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity challenging this Agreement or any associated entitlement, permit, or approval granted by City to Developer, OAH, and/or VA for the Project (collectively, “Project Litigation”), the Parties agree to cooperate with each other as set forth herein. City may elect to tender the defense of any lawsuit filed and related in whole or in part to Project Litigation with legal counsel selected by City. Developer, OAH, and/or VA will indemnify, hold City harmless from, and defend City from all costs and expenses incurred in the defense of such lawsuit, including, but not limited to, damages, attorneys’ fees, and expenses of litigation awarded to the prevailing party or parties in such litigation. Developer, OAH, and/or VA shall pay all litigation fees to City, within thirty (30) days of receiving a written request and accounting of such fees and expenses, from City. Notwithstanding the aforementioned, City may request, and Developer, OAH, and/or VA will provide to City within seven (7) days of any such request, a deposit to cover City’s reasonably anticipated Project Litigation fees and costs.

Section 10.8. Constructive Notice and Acceptance. Every person who after the Effective Date and recording of this Agreement owns or acquires any right, title, or interest to any portion of the Site is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person

acquired an interest in the Site, and all rights and interests of such person in the Site shall be subject to the terms, requirements, and provisions of this Agreement.

Section 10.9. Statute of Limitations and Laches. City, Developer, OAH, and VA agree that each Party will undergo a change in position in detrimental reliance upon this Agreement from the time of its execution and subsequently. The Parties agree that section 65009(c)(1)(D) of the California Government Code, which provides for a ninety (90) day statute of limitations to challenge the adoption of this Agreement, is applicable to this Agreement. In addition, any person who may challenge the validity of this Agreement is hereby put on notice that, should the legality or validity of this Agreement be challenged by any third party in litigation, which is filed and served more than ninety (90) days after the execution of this Agreement, City, Developer, OAH, and VA shall each assert the affirmative defense of laches with respect to such challenge, in addition to all other available defenses. This Section in no way limits the right of a Party, claiming that the other Party breached the terms of this Agreement, to bring a claim against the other Party within the four (4) year statute of limitations set forth in Section 337 of the California Civil Code.

Section 10.10. Change in State Regulations. In no event shall Developer, OAH, or VA operate the Project in violation of the Agreement, or any applicable regulations issued pursuant to the California Cannabis Laws, as may be amended from time to time. Section 10.11. Standard Terms and Conditions. (a) Venue. Venue for all legal proceedings shall be in the Superior Court of California in and for the County of Fresno,
(b) Waiver. A waiver by any Party of any breach of any term, covenant, or condition herein contained or a waiver of any right or remedy of such Party available hereunder, at law or in equity, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition herein contained or of any continued or subsequent right to the same right or remedy. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
(c) Completeness of Instrument. This Agreement, together with its specific references, attachments, and Exhibits, constitutes all of the agreements, understandings, representations, conditions, warranties, and covenants made by and between the Parties hereto.

Unless set forth herein, no Party to this Agreement shall be liable for any representations made, express or implied.
(d) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, written, electronic, or oral, between the Parties hereto with respect to the Site and the Project. (e) Captions. The captions of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. (f) Number and Gender. In this Agreement, the neutral gender includes the feminine and masculine, and the singular includes the plural, and the word “person” includes corporations,

21 partnerships, firms, or associations, wherever the context requires, (g) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(h) Term Includes Extensions. All references to the Term of this Agreement shall include any extensions of such Term.
(i) Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(j) Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
(k) Time is of the Essence. Time is of the essence in this Agreement in each covenant, term, and condition herein.
(I) Authority, All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, no Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
(m) Document Preparation. This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties, (n) Advice of Legal Counsel. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.
(0) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney’s fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
(p) Calculation of Time Periods. All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.
(q) Confidentiality. Both Parties agree to maintain the confidentiality of the other

Party’s “Confidential Information” under this Agreement and shall not disclose such information to third parties. “Confidential Information” shall include, but not be limited to, business plans, trade secrets, and industry knowledge. Confidential Information shall not apply to information that: (i) is in the public domain at the time of disclosures or (ii) is required to be disclosed pursuant to a court order, governmental authority, or existing state law.
[SIGNATURES ON FOLLOWING PAGE]

ta
oe
IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer, Odyssey, and City as of the Effective Date of the Agreement, as defined above. “CITY” “DEVELOPER”
Date: March | iI , 2021 Date: March 2% _, 2021

CITY OF MENDOTA, ODYSSEY AGRICULTURAL
a California Municipal Corporation DEVELOPMENT, LLC,
a California limited liability company
20 Cristian Gonzalez
ath City Manager

nullity,
om OF MEM

St OF. TKO
Attest: SOHO LOY “OAH”
/| S CAS VE
+ = Date: March 2 b , 2021
é ’ x=
== ‘ =
City Clerk % § ODYSSEY AGRICULTURAL HOLDINGS,
% LLC,

O.. Py CITT UN TK AW ol a California limited liability company ByAaron ann
: Managing Member
/
Apet!
Date: McG , 2021 “VA”

Approved to as Form: Date: March Lb , 2021
ts VALLEY AGRICULTURAL HOLDINGS,
LLC, a California anus eeny company
Jot{r/ P. Kinsey LEE
oly Attorney DEF
a
ann
thorized Signatory

20 ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California County of

Los Angeles )
On March 26, 2021 before me, Jeanette Valdez, Notary Public

(insert name and title of the officer)
personally appeared _ Aaron Mamann ’
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity

upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. ee fics vo (Seal)
___{ _\

JEANETTE VALDEZ
Notary Public - California
Los Angeles County
Commission # 2196706
My Comm. Expires May 12, 2021

SSS YAN SS

\ \O

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of CANA ) On NM NCAAWiW)0 , before me ( aN ce, ( A NOA- SNAG , a Notary Public, personally appeared Onthan Sova who proved
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to

the within instrument and acknowledged to me that he/shie/théy executed the same in his/her/théir authorized capacity(iés), and that by his/het/their signature(s) on the instrument the person(S), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

CELESTE CABRERA-GARCIA
Witness my hand and official seal. Y Notary Public - California Fresno County
a Commission # 2263396
anon" My Comm. Expires Nov 16, 2022

(Signature)
(Seal)

EXHIBIT “A”
Legal Description Entire Site:

That portion of the North half of Section 32, Township 13 South, Range 15 East, Mount Diablo Base and Meridian, according to the official plat thereof, in the City of Mendota, County of Fresno, State of California, described as follows:

Commencing for reference at the Northwest corner of said Section 32; thence South 1°30’52” West, along the West line of said Section 32, a distance of 736.94 feet; thence
South 89°00’35” East, 135.56 feet to the Northwest corner of that parcel described in the Grant Deed recorded as Document 2009-0093031, Official Records of Fresno County; thence
South 89°00’35” East, along the North line of said parcel, 1401.95 feet to the Northeast corner of said parcel and the TRUE POINT OF BEGINNING; thence South 89°00’35” East, along the easterly prolongation of said North line, 1622.80 feet, more or less, to the East line of that parcel conveyed to the City of Mendota by the Grant Deed recorded as Document 2007-0027736, Official Records of Fresno County; thence South 1°30’52” West, along said East line, 1610.64 feet, more or less, to the Southeast corner of last said parcel; thence
North 89°00’°35” West, along the South line of last said parcel, 1622.75 feet, more or less, to the Southeast corner of said parcel described in Document 2009-009303 1; thence North 1°30’46” East, along the East line of said parcel described in Document 2009- 0093031, a distance of 1610.64 feet to the TRUE POINT OF BEGINNING.

Containing an area of 60.00 acres, more or less.

END OF DESCRIPTION
2/1/21

APN 013-030-68ST (portion)
SS

\\

\
\ POINT OF COMMENCEMENT

NORTHWEST CORNER OF
| SECTION 32 — 13/15 \.
| _ _ : -
|
L_+—S1'30'52"W 736.94 TRUE POINT OF BEGINNING
foo 135,56"
f — - $89°00'35"E 1622.80’ =
~~ §89°00'35"E 1401.95" = ?
|
|
| z : Al Pa ce J 8) ENTIRE SITE 8
= 2009-0093031 7m 60.00 ACRES =
id O.RF.C. N $ 8
| = = || . : | ||
| |

Le N89°00'35"W 1622.75'
RS | |
N89°00'35"W 2944.70’
DECLARATION OF TAKING, DOC. 74385 BK. 5626, PG. 838, Seti

BOUNDARIES OF
2007-0027736

SCALE IN FEET
— =

DOCUMENT
O.R.F.C.

2/1/2021 TOSS All G:\Mendote_City of-S335\5536 On—Golng Plenniing Services\Oty Project Faes\353620013-2023 — 20-23 — Volley Ag Holdings (AXOM)\Surves\Bockgrounc & Working Docs\Exhbit 8 — Entire Site mep.deg —Tim Odom

PRITCHARD
2/1/21
0 250 500 1000
[Cc 1968] A PORTION OF THE NORTH HALF OF SECTION 32 CAND Saves PROVOST& TOWNSHIP 13 SOUTH, RANGE 15 EAST, M.D.B.&M. DATE: 1/20/2001

CITY OF MENDOTA

JOB NO; 333620013

CONSULTING GROUP
An Employee Owned Company
EXHIBIT B SHEET 1 OF 4
EXHIBIT “C”
Legal Description
OAH Parcel:

That portion of the North half of Section 32, Township 13 South, Range 15 East, Mount Diablo Base and Meridian, according to the official plat thereof, in the City of Mendota, County of Fresno, State of California, described as follows: Commencing for reference at the Northwest corner of said Section 32; thence South 1°30’52” West, along the West line of said Section 32, a distance of 736.94 feet; thence
South 89°00’35” East, 135.56 feet to the Northwest corner of that parcel described in the Grant Deed recorded as Document 2009-0093031, Official Records of Fresno County; thence
South 89°00’35” East, along the North line of said parcel, 1401.95 feet to the Northeast corner of said parcel and the TRUE POINT OF BEGINNING; thence South 89°00’35” East, along the easterly prolongation of said North line, 973.67 feet; thence South 1°30’°46” West, parallel with the East line of said parcel described in Document 2009-0093031, a distance of 1610.64 feet, more or less, to the South line of that parcel conveyed to the City of Mendota by the Grant Deed recorded as Document 2007- 0027736, Official Records of Fresno County; thence North 89°00°35” West, along the South line of last said parcel, 973.67 feet, more or less, to the Southeast corner of said parcel described in Document 2009-0093031; thence North 1°30’46” East, along the East line of said parcel described in Document 2009- 0093031, a distance of 1610.64 feet to the TRUE POINT OF BEGINNING.

Containing an area of 36.00 acres, more or less.

END OF DESCRIPTION
2/4/21

APN 013-030-68ST (portion)

dom

POINT OF COMMENCEMENT NORTHWEST CORNER OF

SECTION 32 — 13/15 ¥
— —S
_ =
\
S1°30'52"W 736.94’
$89°00'35"E

TRUE POINT OF BEGINNING
135.56’
—$89°00'35"E _973.67'~.
—
SANLUIS DRAIN |

S89°00'35"E 1401.95"

7 we te s| OAH ! =| PARCEL =| gto’
sooe-oo8sosi «ff 36.00 ACRES} ON
O.R.F.C. ¢ 8 &
8 a
= a
) |S \]—Na9‘00'35"W 973.67 KN
|

N89°00'35"W 2944.70’
DECLARATION OF TAKING, DOC. 74385
| BK. 5626, PG. 838, iia

2/4/21
0 250

BOUNDARIES OF
2007-0027736

SCALE IN FEET
i

DOCUMENT
O.R.F.C.

500 1000
2/4/2021 S37 Pil G\Mendota_City of-3536\5555 On—Going Panning Services\City Project Flles\535520013-2023 — 20-23 — Valley Ag Holdings (AMOM)\Survey\Bockground & Working Docs\Eshbit D — Peres! 1 mop.teg —Tim EST. 1968

PROVOST & PRITCHARD
An Employee Owned Company
A PORTION OF THE NORTH HALF OF SECTION 32
TOWNSHIP 13 SOUTH, RANGE 15 EAST, M.D.B.&M.

ODYSSEY AGRICULTURAL DEVELOPMENT, LLC

CITY OF MENDOTA
[AND SURVEYOR: |

T. ODOM, PLS 8468

DATE: 2/4/2021

JOB NO; 333620013

EXHIBIT D SHEET | OF 1
Exhibit E
Notice of Non-Performance Late Fee
Pursuant to Article 4, Section 4.5 of the Development Agreement by and between the City of Mendota (“City”) and ODYSSEY AGRICULTURAL DEVELOPMENT LLC, a California limited liability company (“Developer”), ODYSSEY AGRICULTURAL HOLDINGS LLC, a California limited liability company (“OAH”), and VALLEY AGRICULTURAL HOLDINGS LLC, a California limited liability company (“VA”), for the development of property located at , Mendota, California 93640 (“Agreement”), if Developer, OAH, and/or VA fails to make any payment required by the Agreement, the City may impose a NonPerformance Penalty of one percent (1%) to all past due payments. Pursuant to the Agreement, City shall deliver a Notice of Non-Performance Penalty (“Notice”) to Developer, and Developer shall pay the Non-Performance Penalty in a single installment due on or before a date fifteen (15) calendar days following delivery of the Notice.

City hereby informs Developer, OAH, and VA that Developer, OAH, and/or VA has failed to make payment(s) required by the Agreement. The past due amount is ‘ Accordingly, pursuant to Section 4.5 of the Agreement, a penalty of (“Penalty Amount”) is hereby imposed. Please remit payment of the Penalty Amount by

City Manager Date
City of Mendota
Exhibit F
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:

City of Mendota 643 Quince St, Mendota, CA 93640 Attention: City Manager

SPACE ABOVE THIS LINE FOR RECORDER’S USE Recording Fee Exempt per Government Code §6103 Notice of Termination
Pursuant to Article 9, Section 9.1 of the Development Agreement by and between the City of Mendota (“City”) and ODYSSEY AGRICULTURAL DEVELOPMENT LLC, a California limited liability company (“Developer”), ODYSSEY AGRICULTURAL HOLDINGS LLC, a California limited liability company (“OAH”), and VALLEY AGRICULTURAL HOLDINGS LLC, a California limited liability company (“VA”), for the development of property located at , Mendota, California 93640 (“Agreement”), informs
that the Agreement is hereby terminated, in accordance with the terms and conditions as stated therein, pursuant to Article _, Section

In accordance with Article 9, Section 9.1 of the Agreement, City shall record this Notice of Termination.

Title: Date
Entity:
-)
Exhibit G
Assignment and Assumption Agreement
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (“Agreement”) is made and entered into this day of , by and between the CITY OF MENDOTA, a municipal corporation of the State of California (“City”), and ODYSSEY AGRICULTURAL DEVELOPMENT LLC, a California limited liability company (“Developer”), ODYSSEY AGRICULTURAL HOLDINGS LLC, a California limited liability company (“OAH”), and VALLEY AGRICULTURAL HOLDINGS LLC, a California limited liability company (“VA”) (Developer, OAH, and VA collectively, ‘“Assignors”), and x8
(“Assignee”), City, Assignors, or Assignee may be referred to herein individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS

A. City and Assignors entered into a development agreement, dated , for the development of property located at , in the City of Mendota, County of Fresno, State of California, Assessor’s Parcel Number 013-030-68ST (“Development Agreement”), attached hereto as Exhibit “1” and incorporated herein by this reference;

B. Pursuant to Article 10, Section 10.1 of the Development Agreement, Assignors may transfer all or part of its rights, title, and/or interests in all or a portion of Site, or Project, as those terms are defined in the Development Agreement, to any person, firm, corporation, or entity during the Term of the Development Agreement only with the advance written consent of the City Manager, who shall not unreasonably withhold or condition such consent; (OF Assignors desire to transfer to Assignee some or all of Assignors’ rights and obligations under the Development Agreement, in accordance with Article 10, Section 10.1 of the Development Agreement;
Dz. Assignee desires to assume some or all of Assignors’ rights and obligations under the Development Agreement, in accordance with Article 10, Section 10.1 of the Development Agreement;
E. The City Manager has agreed to permit Assignors’ transfer of some or all of Assignor’s rights and obligations under the Development Agreement to Assignee, and to Assignee’s assumption of same, subject to the terms and conditions specified in this Agreement; F; The Parties intend through this Agreement to allow Assignors to transfer, and Assignee to assume, some or all of Assignors’ rights and obligations under the Development Agreement, in accordance with Article 10, Section 10.1 of the Development Agreement.

G. The City Council has conducted all necessary proceedings in accordance with City’s Municipal Code for the approval of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows:

AGREEMENT
Section 1. Assignment. Assignors hereby assign to Assignee (all/some) of Assignors’ rights and obligations under the Development Agreement. If Assignor is transferring only some of Assignor’s rights and obligations under the Development Agreement, then the specific rights and obligations subject to transfer shall be specified in Exhibit “1,” attached hereto and incorporated herein by this reference.

Section 2. Assumption. Assignee hereby accepts and assumes the foregoing transfer or assignment of (all/some) of Assignors’ rights and obligations under the Development Agreement.

Section 3. Consent. In accordance with Article 10, Section 10.1 of the Development Agreement, the City Manager hereby consents to Assignors’ transfer of, and Assignee’s assumption of, Assignor’s rights and obligations under the Development Agreement, as specified herein, subject to any reasonable terms and conditions the City Manager may require, as set forth in Exhibit “2,” attached hereto and incorporated herein.

Section 4, Conditions of Assignment. The Parties hereby agree to abide by the terms or conditions of assignment, if any, set forth in Exhibit 2, and acknowledge that City’s consent would not have been provided but for the Parties’ agreement to abide by the terms or conditions of assignment,
Section 4, Effective Date. The assignment and assumption of rights and obligations as specified herein shall be effective on
Section 5. Terms of the Development Agreement. The terms of the Development Agreement are incorporated herein by this reference. Assignors acknowledge and agrees that the representations, warranties, covenants, agreements and indemnities contained in the Development Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein.

Section 6. Inconsistency. In the event of any conflict or inconsistency between the terms of the Development Agreement and the terms of this Agreement, the terms of the Development Agreement shall govern.

Section 7. Further Actions. Each of the Parties hereto covenants and agrees, at its own expense, to execute and deliver, at the request of the other Parties hereto, such further instruments of transfer and assignment and to take such other action as such the other Parties may reasonably request to more effectively consummate the assignments and assumptions contemplated by this Agreement.
“CITY”
Date: January
, 2021
CITY OF MENDOTA, a California Municipal Corporation

By: — Cristian Gonzalez Its: City Manager

Attest:

City Clerk
Date: January , 2021 Approved to as Form:

John

P. Kinsey
City Attorney
“DEVELOPER” Date:

ODYSSEY AGRICULTURAL DEVELOPMENT, LLC,
a California limited liability company

By:

Its:
“OAH”
Date:

ODYSSEY AGRICULTURAL HOLDINGS,
LLC, a California limited liability company

By: Its:
“VA” Date:

VALLEY AGRICULTURAL HOLDINGS, LLC, a California limited liability company

By:

Its:
“ASSIGNEE” Date:

Name:

Corporate Status:

Title:

Name:

Exhibit 1
(Interest Subject to Transfer)
Exhibit 1
(Interest Subject to Transfer)
Exhibit 1
(Interest Subject to Transfer)
Exhibit 2
(Conditions of Consent)
Exhibit 2
(Conditions of Consent)
Exhibit 2
(Conditions of Consent)
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 22

EXHBIT “A” TO RESOLUTION NO. PC 20-07
SITE PLAN FOR APPLICATION NO. 20-23

ENOSTING RIGHT

OF way

PROPERTY LINE 1610.84”

PARCEL 1
AREA = 34.3 AC
= 1,494,566 SF

PARCEL 2
AREA = 25AC.
= 1,098,412 SF

SITE PLAN
PROPERTY UNE S89'00'35"E 1621.58"

PROJECT DATA
APPLICANT: YALEY AGRIULURAL Fons, Le 2151 E, CONVENTION CENTER WAY, STE 222 GNTARIO, CA 91784 fe BEDNENT AYE ewtora ex 33640 APM: @ O1S-0S0—Ghe/ ARPA: 114 AC ERISTING ZONING: PUBLIC FACILITIES EXISTING LAYO._USE - VACANT PROPOSED USE: caMUaIS CULTWATION, EXTRACTION AND DISTRIBLTION PROPOSED ZONING: M1. UGHT INDUSTRIAL
Code Analysis
8 OOCUPANCY (WORKER BLOGS)
TE YB, UNLMITED AREA BuDG

_| Ft oocurancy (HAG HOUSE)
CONST. TYPE ¥-B, UNLIMITED AREA BLDG YES (\STORY w/ BASCMENT) 02.5; BASIC ALLGWABLE HIGHT: go FEET MSEC ALLOWARLE STORE 22870 BASIC ALLOWABLE ARzA FACTOR: 25.500 50. FT, (SM)

TEP STRUCTURE BLDG

TOTAL AREA

‘cULTVATION FIELDS AREA INCLUDING AISES = 1,048,080 SF / 74 aC (71% COVERAGE) PARCEL 2 = 25 ACRES BUILDING AREA WORKER BUILDINGS BLOG 1 = +/~ 2,000 SF WORKER BUILDINGS BLOG 2 TEVP STRUCTURE BLDG 3

TOTAL AREA = 49,000 SF
CULTWATION FIELDS AREA INCLUDNG AISLES = 664,088 SF / 19.7 AC (63% COVERAGE) Site Keynotes
No. Description
LA) NeW craven access ROAD
2) 7 FOOT HGH PERIMETER FENCE WITH BARBED WRF AND RAZOR WIRE 3] (2) 18" WOE ROLLNG cares a LEADS (NTO HOLCING AREA / SALLYPORT Et (| 10" square secummy cuaro uLONS '5| | CATCH BASIV FOR STORM WATER RETENTION "G] | NEW Access RoMD 4” Ac COVER, 12° scam, 0 ct im PERCENT (ASTM D1SS7) NATIVE MATER AL
EMPLOYEE PARKING STALLS:

FIRE TANK
FIRE TANK PUMP SEPNIC SYSTEM / LEACH FIELD MODULAR / MODELE OFTICc & CMFLOYEE BUILDINGS ror RESTROGNS & BREAK ROOMS = [Bio )olly
Design oon
1915 Carolina Ave. Clovis CA 93611
PH: 559. 593.9692

O 4 4
o D
c
i 0
I
o
= 3 = 5 3 ra D < > o
0 >
W. Belmont Ave. Mendota, CA. 93640

Bis
‘CULTIVATION
FUIDRE TEMP.

FIELDS:

STRUCTURE +/—

42,000 SF 1 STORY BuLing
SITE Nee
S\,
i y onusime
Vicinity Map @” Date: 09.29.2020 Drawn By: Sussn Jones Project # 19004 Proposed Site
Plan
Revisions AX

SHEET No.

Al
EXHBIT “A” TO RESOLUTION NO. PC 20-07
SITE PLAN FOR APPLICATION NO. 20-23
3 4
EXHBIT “B” TO RESOLUTION NO. PC 20-07

CONDITIONS OF APPROVAL
APPLICATION NO. 20-23; PORTION OF APN 013-030-68ST

VALLEY AGRICULTURAL HOLDINGS, LLC
As may be used herein, the words “applicant”, “owner,” “operator”, and “developer” shall be interchangeable, excepting when the word is indicated in bold italics. In that event, the condition of approval is specific to the entity named.

Operations

1. The operator shall acquire and maintain any licenses, approvals, waivers, or similar that may be issued by the State of California requisite to cannabis operations and shall comply with all provisions of any State regulatory agency that may have oversight over said operations.

2. The operator shall acquire and maintain all City of Mendota licenses pursuant to Mendota Municipal Code Chapter 8.37, including payment of applicable fees.

3. The contractor and any subcontractor(s) shall acquire a City of Mendota business license, including payment of any applicable business license fees, prior to commencing construction.

4. The City will monitor the operation for violations of conditions of approval. Penalty for violation may include but is not limited to warnings, fines, and/or permit revocation.

General & Site

5. Approval of this conditional use permit is contingent upon of additional processes contained within Application No. 20-23, to wit:
a. City Council approval of a proposed amendment to the General Plan Land Use designation of the site from Public/Quasi-Public Facilities to Light Industrial.
b. City Council approval of a proposed amendment to the zoning of the site from P-F/CO (Public Facilities with the Commercial Cannabis Overlay District) to M-1/CO (Light Manufacturing with the Commercial Cannabis Overlay District).
c. Recordation of a development agreement pursuant to MMC Section

8.37.050(1).
d. Conveyance of the Project Site from the City of Mendota to the Applicant as detailed in the purchase and sale agreement approved October 22, 2019. 5 6. The conditional use permit detailed within Application No. 20-23 shall expire two (2) years following the date of its approval unless, prior to expiration, a building permit for the requested site modifications is issued by the City of Mendota and construction is commenced and being diligently pursued. At the discretion of the City Manager, and upon valid request not less than thirty (30) days prior to its expiration, this conditional use permit may be extended for a period or periods not to exceed two (2) additional years in the aggregate.

7. Development shall comply with all applicable provisions of the City of Mendota General Plan and the Mendota Municipal Code (MMC), including but not limited to: potable water protection regulations (Chapter 13.30), business licensing requirements (Title 5), and Building Code Standards (Title 15); the Subdivision Ordinance (Title 16); the regulations of the applicable zone district(s) and other relevant portions of the Zoning Ordinance (Title 17); and the City of Mendota Standard Specifications and Standard Drawings, unless exceptions therefrom are approved by the City Engineer.

8. Use of the site shall conform to all applicable requirements for the M-1 Light Manufacturing Zone District as modified by the provisions of the CO Commercial Cannabis Overlay District.

9. The site plan shall be revised to reflect the comments of the City Engineer and City Planner provided October 31, 2020 and to depict locations and dimensions of existing and proposed features, utilities, and other improvements.

10. Construction drawings (building and improvement plans; site, grading, irrigation, and landscaping, as applicable) shall be submitted to the Planning and Building Department and City Engineer for review and approval. A building permit shall be acquired prior to start of any construction activities.

11. No new landscaping is required. Any existing landscaping damaged or destroyed as a result of construction shall be repaired or replaced in-kind by the applicant at the discretion of the City Planner.

12. The applicant shall provide a lighting plan for the review and approval of the City Engineer. All exterior lights shall be shielded or otherwise oriented to prevent disturbance to surrounding or neighboring properties or traffic on abutting rightsof-way.

13. The applicant shall consult with and shall comply with the requirements of the San Joaquin Valley Air Pollution Control District, including but not limited to compliance with Regulation VIII (Fugitive PM10 Prohibitions) and Rule 9510 (Indirect Source Review).

14. The applicant shall consult with and shall comply with the requirements of the Fresno County Fire Protection District/CAL FIRE, including but not limited to requirements related to sprinklers, fire hydrants, and fire access. 6 15. The developer shall comply with Health and Safety Code Section 7050.5 and Public Resources Code Sections 5097.98, and 21083.2 and related statutes regarding regulation of cultural and historical resources that may be discovered on the site.

16. Development and operation of the project site shall be in substantial conformance with the Site Plan dated September 29, 2020 and the operational statement dated October 13, 2020 as incorporated herein by reference. The City Planner shall determine the extent to which incremental or minor changes to the site plan, the landscape plan, and/or the operational statement meet this requirement.

17. Following any changes made to the site plan as a result of these conditions or other commentary, correspondence, or official requirement, the applicant shall submit a copy of the final site plan as revised to the Planning Department for inclusion in the project file. Changes made pursuant to these conditions shall be considered minor or incremental.

18. Prior to issuance of a certificate of occupancy, all relevant conditions of approval shall be verified as complete by the Planning Department, and any and all outstanding fees shall have been paid. Any discrepancy or difference in interpretation of the conditions between the subdivider and the Planning Department shall be subject to review and determination by the Planning Commission.

19. All above-ground features including but not limited to lighting, fire hydrants, postal boxes, electrical and related boxes, and backflow devices shall be installed outside of the public-right-of-way. All utilities shall be installed underground.

20. Hours of construction shall be limited to 6:00 AM to 7:00 PM, Monday through Saturday.

21. Construction debris shall be contained within an on-site trash bin and the project site shall be watered for dust control during construction.

22. Any non-structural fencing shall be subject to approval by the Community Development Department consistent with Standard Drawing Nos. M-3 through M7.

23. The applicant shall comply with all relevant components of the California Building Code and associated trade codes.

24. All signage must be approved pursuant to the standards and guidelines of the Mendota Municipal Code prior to installation.

25. Development shall at all times respect existing or new easements by, for, and between all private and public entities, including but not limited to the City of Mendota.
7 26. It shall be the responsibility of the subdivider to grant/secure easements as necessary for the installation and maintenance of private utilities, including but not limited to electricity, gas, telephone, and cable television.

27. Connection points for water and wastewater shall be determined by the City Engineer. Connections shall be made in accordance with City of Mendota standards and shall be coordinated with the Director of Public Utilities.

28. The applicant shall comply with the City of Mendota Cross-Connection Control Regulations contained within MMC Section 13.24.

29. The applicant shall coordinate with the City Engineer and Mid Valley Disposal to establish necessary solid waste procedures and facilities.

Water System Improvements

30. The project is subject to the provisions of the Conditional Will-Serve Letter issued by the City of Mendota on September 8, 2020.

31. The site plan shall be revised to illustrate existing and proposed water facilities.

32. The project shall make connection(s) to the City water system as determined by the City Engineer.

33. The improvement plans shall include the location of existing water mains, valves, and valve boxes located in adjacent streets that the proposed water system is to be connected to.

34. All connections to the existing water mains shall include a temporary reduced pressure double check backflow preventer (see Standard Drawing No. W-8) and follow the connection procedures outlined in that standard, or exhibit compliance with AWWA Standard C651-05.

35. Fire hydrants shall be spaced not to exceed 300 feet on center and shall be individually valved between the hydrant and the water system.

36. Fire flow conditions are subject to review and approval by the Fresno County Fire Protection District/CAL FIRE.

37. A meter, meter box, and service shall be installed to each unit. Applicant shall obtain meter type, size and service requirements from the Public Utilities Department and/or the City Engineer. The construction of the water service with meter shall be installed per Standard Drawing No. W-1 and Standard Specifications.

38. All water meters shall be Badger Model E Series with Nicor Connector (E-Series Ultra Plus for sizes 3/4” and 5/8”) with Badger Model Orion CMNA-N Cellular Endpoint with Nicor Connector fully loaded with through lid mounting kit

39. No water services are allowed within drive approaches. 8 =

40. The project shall comply with City of Mendota's Automated Water Meter Reading System
Sewer System Improvements

41. The site plan shall be revised to illustrate existing and proposed sewer facilities.

42. The project shall connect make connection(s) to the City wastewater system as determined by the City Engineer.

43. No sewer laterals are allowed within driveways. All laterals and cleanouts shall be installed per Standard Drawings No. S-7A and M-1.

Storm Drain Improvements

44. To ensure proper spacing between underground facilities and allow for unimpeded placement of brass cap monuments in the road surfaces at the intersections of the streets, the location of sewer mains shall conform to Standard Drawing No. M-1.

45. Storm drainage facilities shall be constructed per City of Mendota Standard Drawings and Specifications.

46. If applicable, valley gutter construction shall be consistent with City of Mendota Standard Drawing No. ST-14 unless an alternate design is approved by the City Engineer.

Streets

47. The applicant shall provide for acquisition of any and all necessary easements to accommodate access to the site from the current northerly terminus of Belmont Avenue.

48. Any work within the City of Mendota right-of-way shall require an encroachment permit.

49. Any work within Caltrans right-of-way shall require an encroachment permit.

50. All concrete work, including curbs, gutters, valley gutters, sidewalks, drive approaches, curb ramps, and other concrete features shall contain a minimum of six (6) sacks of cementous material per cubic yard unless otherwise approved by the City Engineer.

51. Any broken, damaged, or substandard sidewalk, curb, gutter, or pavement along the project frontages, or any of the above damaged during construction wherever located, shall be removed and replaced as directed by the City Engineer consistent with City Standard Drawings.

52. Drive approaches, as necessary, shall be installed consistent with Standard Drawing No. ST-15.
9 Fees

53. This project is also subject to a development agreement. Fees discussed in that agreement are not included herein and are in addition to this section.

54. The applicant shall be responsible for payment of any and all outstanding planning, building, plan check, engineering, and attorney fees prior to issuance of a certificate of occupancy. This shall include all fees incurred by the City’s consultants or contract staff resulting from preliminary review, correspondence, review of formal application materials, peer review of documents, processing of application materials, attendance at and/or participation in meetings and conference calls, or other services rendered in relation to the project.

55. Concurrently with submittal of improvement and/or building plans, the applicant shall deposit with the City of Mendota funds in an amount estimated by the City Engineer and/or Building Official, respectively, to be sufficient to offset costs to the City for review of such plans. In the event that such funds are not sufficient to cover costs to the City, the City Engineer and/or Building Official, as appropriate, shall contact the applicant to request additional funds, which the applicant shall then deposit with the City.

56. The applicant shall pay to the City of Mendota development impact fees consistent with the City’s current Development Impact Fee Schedule (January 2007). Fees are due in full prior to issuance of a certificate of occupancy.

57. The applicant shall be responsible for payment of fees to the Mendota Unified School District and shall provide the City with evidence of payment, or evidence of the District’s determination that no payment is required, prior to issuance of a certificate of occupancy.

58. The applicant shall be responsible for payment of Fresno County Regional Transportation Mitigation Fees and Fresno County Public Facilities Impact Fees and shall provide the City with evidence of payment, or evidence of the County’s determination that no payment is required, prior to issuance of a certificate of occupancy.

EXHIBIT EXHIBIT EXHIBIT EXHIBIT 33

CITYOF MENDOTA
ocCantaloupe Center Of The World"
VIA II.S. MAIL & EMAIL:
&ti clraE I Jen se n @ o Sr.s s qy:lg$tg}3lg. c A ffil
Odyssey Agricultural Development, LLC
2222 E Olympic Blvd
Los Angeles, CA 90021
Attn: Legal Department
Re: Conditional Use Permit Revisions and Delayed Enforcement The City of Mendota ("City") has received your requests to modiff the site plans that were attached to and approved alongside your Conditional Use Permit ("CUP") in Planning Commission Resolution No. 20-07 and Development Agreement ("DA") in City Council Ordinance No. 21-03.

As presented during the August 24,2021, City Council meeting, the revised site plans contemplate dividing the multiple commercial cannabis license uses from within one (1) 45,000 square-foot building to eight (8) separate structures of the following sizes:

One (l) 9,000 square-foot greenhouse building;
Two (2) 1 0, 000 square-foot processing/manufacturing buildings ; One (1) 10,000 square-foot building for corporate offices and employee break rooms;
One (l) 18,000 square-foot distribution building;
One (1) 30,000 square-foot drying/processing building;
One ( I ) 3 0,000 square-foot manufacturing/drying/processing building; and One (1) 64,000 square-foot indoor cannabis cultivation building.

As with the original site plans, the revised site plans contemplate using the remainder of the site for outdoor cannabis cultivation. Discussions with your representatives have clarified the proposed site reorganization will not affect the total square footage allocated to outdoor cannabis cultivation on the property.

The CUP tasks the City with monitoring the operation of your facility for violations of the conditions of approval. (CUP, Operations, $ 4.) As approved, the site plans should "depict locations and dimensions of existing and proposed features, utilities, and other improvements." (CUP, General & Site, $ 9.)
Development and operation of the project site shall be in substantial conformance with the Site Plan dated September 29,2020 and the operational statement dated October 13,2020 as incorporated herein by reference. The City Planner shall determine the extent to 643 Quince Street Mendota, Galilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Fax: (559) 655-4064 TDDfTTY 866-735-2919 (English) TDD/ITY 866-833-4703 (Spanish) ci. mendota.ca.us
The Gity ol Mendota is an equal opportunity prouider and employer which incremental or minor changes to the site plan, the landscape plan, and/or the operational statement meet this requirement.
(CUP, General &, Site, $ L6, emphasis added.)
Following the approval of the CUP, the site plan was flipped on its vertical axis to accommodate site access. This modification was deemed incremental or minor by the City Planner, and no further action was required beyond filing an updated site plan.

In contrast, however, the City Planner has indicated the proposed permanent structure revisions and expansions detailed on the revised site plan discussed above are perceived to result in substantial, increased industrial uses of the site, regardless of whether the commercial cannabis license uses are listed in the CUP and DA. AIso, the existing site plans do not contemplate the expansion of your operations in multiple "phases" as presented during the August 24,2021, City Council meeting. Accordingly, an amendment to the CUP to incorporate the revised site plans and phases of construction must be obtained here. This CUP amendment should be supported by a California Environmental Quality Act ("CEQA") addendum indicating no new environmental impacts will occur as a result of these modifications.

This letter shall serve as notice that, in accordance with Article XI, Section 7 of the California Constitution, the City will exercise its discretion not to expend its enforcement resources to prevent your development of the project site during the pendency of the CUP amendments discussed above. This enforcement discretion is being exercised on a short-term, temporary basis only in recognition of the brief duration of the uses discussed above and your urgent need to proceed to harvest the plants grown in accordance with your existing CUP and DA.

Please be advised that, this letter is non-binding and shall not create any obligation or liability (including any obligation to start or continue negotiations), and no course of conduct or dealing (including, but not limited to, discussions, negotiations, emails, or other correspondence or the exchange of draft documents) shall create any binding obligations on the Crty's behalf other than fully executed and delivered approvals. (See Cal. Code Regs., tit.14, $$ 15004, subd. (b)(4), and 15352.) Any confirmation by the City that it has an interest or willingness to perform as laid out herein shall not foreclose the City's future consideration of all relevant altematives or mitigation measures that CEQA may otherwise require to be considered, including, but not limited to, the alternative of not moving forward with amendments to the project at all. All future project approvals are conditions upon your successful compliance with all statutory and regulatory requirements associated with the successful implementation of the same (e.g. obtaining all discretionary permits, including, but not limited to: CEQA documentation, review, and approvals; final adjudication of any legal challenges based on CEQA; and all environmental, title, physical, water quality, and economic aspects of the project having been assessed and resolved sufficiently for the issuance of an amended conditional use permit).

Accordingly, before engaging in any temporary or permanent construction that conflicts with your existing site plans, you must first execute the attached Acknowledgment and Waiver. In so doing, you will acknowledge your understanding that the City will be conducting a comprehensive review of your forthcoming application for an amended CUP and, as a result, you 2 may be required to comply with new or different conditions of approval or regulations. In addition, you will agree that, if, after conducting its review, the City adopts new or different conditions of approval or regulations, you will comply with all such regulations and will not claim that your use of the Properly constitutes a legal non-conforming use.

Please do not hesitate to contact me if you need to discuss the matters outlined above further
Very truly yours,
Cristian Gonzalez
City Manager for the City of Mendota
3 EXHIBIT EXHIBIT EXHIBIT EXHIBIT 44

Acknowledgment and Waiver
I, Odyssey Agricultural Holdings LLC, hereby warrant, acknowledge, and agree to the following:

1. I am the owner, or the authorized agent or representative of the owner, of the property located at 418 W. Belmont Ave., Mendota, CA 93640 (“Property”), and I have the authority to execute this Acknowledgement and Waiver and to bind the owner of the Property to its terms.

2. The City of Mendota (“City”) intends to conduct a comprehensive investigation regarding your use of Property within the City for commercial cannabis activity as laid out in the existing and revised site plans for your project and, based on the results of that investigation, to take appropriate action to regulate the activity, including, among other things, to issue a new or amended Conditional Use Permit that conforms to your revised site plans, to establish or modify regulations related to commercial cannabis activity, and any other lawful action the City is authorized to perform in the exercise of its police power.

3. The City’s determination that my use of the Property in a manner inconsistent with the existing site plans is made on a short-term, temporary basis only for the purpose of allowing the City sufficient time to conduct a review of the revised site plans and to determine the appropriate manner to regulate said activity.

4. The Property may be subject to new or different regulations or conditions of approval in connection with its modified uses pursuant to the revised site plans.

5. I will comply with any and all laws or regulations currently in effect or hereafter imposed with respect to engaging in any temporary or permanent construction that conflicts with existing site plans, including, but not limited to, any laws, regulations, or conditions imposed as a consequence of any amendment of the City’s regulations, any administrative decision regarding my Conditional Use Permit, or any other lawful action of the City.

6. Ifthe City elects to impose new or different regulations or conditions with respect to uses not contemplated by my Conditional Use Permit, I will not claim that my use of the Property constitutes a legal, non-conforming use, or take any other action to continue my use of the Property without complying with such new or different regulations or conditions.

7. I hereby agree to indemnify, defend, and hold harmless the City, its agents, contractors, employees, and successors from and against any and all loss, liability, claim, damage, and expense whatsoever arising out of or based upon engaging in any temporary or permanent construction that conflicts with the existing site plans for commercial cannabis activity, or the imposition in the future of any new or different regulations or conditions on the Property or commercial cannabis activity. {7623/016/01325955.DOCX}

8. I hereby waive and release any and all claims, known or unknown, that I may have against the City, its agents, contractors, employees, and successors arising out of or based upon the use of the Property by engaging in any temporary or permanent construction that conflicts with the existing site plans or any new or different regulations or conditions the City imposes on the Property or commercial cannabis activity in the future. This waiver and release is knowingly made to include unknown claims in accordance with California Civil Code section 1542, which provides, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

ODYSSEY AGRICULTURAL HOLDINGS LLC
Date: October 42021 4
{7623/016/01325955 DOCX}
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 55

ODYSSEY AGRICULTURAL DEVELOPMENT LLC
418 W. BELMONT AVE. | MENDOTA, CA 93640
July 21, 2022
Sent via Email to:

Cristian Gonzalez
City Manager
Re: Odyssey Agricultural Development LLC Development Agreement Dear City Manager Gonzalez,
I am the President of Odyssey Agricultural Development LLC (“Odyssey”) and write in follow up to my presentation to the Mendota City Council on July 12, 2022 (“July 12 Meeting”) as part of the annual review of OAD’s Development Agreement (“DA”) for the property located at 418 W Belmont Ave (the “Property”).

Odyssey greatly appreciates the opportunity granted to it by the City of Mendota to develop one of the largest cannabis farms in the state. Odyssey further appreciates the ongoing support provided by the City Manager and his staff and the openness of the City Council to consider ways to improve the City’s cannabis licensing program. The purpose of this letter is to present proposals for ensuring that Odyssey and Mendota can achieve the shared goals of the DA.

Development Agreement Background
Odyssey and the City entered into the DA in March 2021 with the shared goal of turning the Property into one of the largest cannabis cultivation complexes in the state, which would employ dozens of Mendota residents and support local businesses and vendors. The DA calls for Odyssey to pay to the City a quarterly public benefit fee (“Public Benefit Fee”) of $150,000 or 4% of gross receipts, whichever is greater. Put another way, the City is guaranteed a minimum of $150,000 every quarter, but will be owed more if Odyssey’s annual gross receipts exceed $15 million. From the start, Odyssey has intended to fully realize the potential of the Property as soon as possible to generate well over $15 million in gross receipts and thereby significantly increase the size of Public Benefit Fee.

After signing the DA, Odyssey immediately got to work developing the Property, and between June 2021 and October 2021, Odyssey took a vacant 36-acre parcel and turned it into one of the largest outdoor farms in the state with 11 acres of planted fields and over 35,000 square feet of structures. After dealing with intense windstorms and rains and a myriad of other challenges, Odyssey harvested approximately 10,000 pounds of cannabis at the Property.

Unfortunately, the harvest of the first crop coincided with the beginning of the worst downturn in the cannabis market ever experienced in the California. Whereas wholesale prices for premium outdoor flower were around $800-1000/pound at the time Odyssey planted the 11 acres in July, by October wholesale prices had dropped below $200/pound, which made it impossible for Odyssey to even recoup its investment in the cost of harvest, let alone turn a 2 profit. In fact, to date, Odyssey has generated less than $800,000 in revenue from the first harvest despite investing millions of dollars into the Property. To put that number in context, Odyssey has paid $575,000 in Public Benefit Fees to date, which constitutes approximately 70% of the revenues generated at the Property thus far.

Since October 2021, the market downturn has only worsened, and it is now clear that the California cannabis industry is in for a prolonged price depression. Thousands of cultivators have ceased operations because there is simply no way for them to make a profit or break even under current market conditions. Many predict that only a small percentage of these cultivators will ever plant again.

Despite the incredibly challenging market conditions, Odyssey has stayed true to its word to turn the Property into one of the largest year-round cannabis cultivation farms in California. In February 2022, Odyssey began construction of 48 greenhouses on the Property that, when completed, will allow Odyssey to generate over $15 million per year in gross receipts and employ more than 100 people on the Property full time. This will add to Odyssey’s already substantial economic impact in Mendota, which is currently at least $100,000 per month when accounting for money spent at local businesses and wages paid to two dozen Mendota and Firebaugh residents employed full time at the Property.

Realizing the Property’s full economic impact, however, will require Odyssey to invest millions more in capital and operational expenditures. Under current market conditions, the cashflows generated by the Property are nowhere near sufficient to cover those capital requirements, and Odyssey, as a self-funded company, cannot call on the support of investors to expedite completion of its developments. While Odyssey will be able to eventually finish developing the Property as promised, it will be significantly delayed in allocating the capital necessary to do so if it must continue to pay Public Benefits Fees over the next year. Put simply, Odyssey faces a choice of paying the Public Benefit Fees or finishing the development as soon as possible. It cannot do both. The delay in completing the development will hurt not just Odyssey, but also the City and its residents who will be left to wait for the far greater Public Benefit Fees and employment that will be realized when the Property is fully developed.

Fee Deferral Request
As discussed at the July 12 Meeting, Odyssey believes it is in the shared interest of Odyssey and the City for the City to grant Odyssey a deferral of payment of the Public Benefits Fees to allow Odyssey to finish development of the Property as soon as possible. Odyssey therefore respectfully requests that the City grant Odyssey a deferral of payment of Public Benefit Fees totaling $600,000 for Q2 2022, Q3 2022, Q4 2022 and Q1 2023 (“Deferred Fees”).

Thereafter, Odyssey would pay the Deferred Fees in twelve (12) quarterly installments of $50,000 beginning in Q2 2023. By way of example, in Q2 2023, Odyssey would pay the first $50,000 installment of the Deferral Fee plus the Public Benefit Fee due in that quarter.

Odyssey has demonstrated its commitment to a long-term partnership with the City of Mendota despite facing the worst market conditions ever seen in the cannabis industry. That Odyssey continues to invest millions of dollars to operate and develop the Property (and employ 3 dozens of Mendota residents) when thousands of its competitors have shut down their operations is proof alone of its commitment to the City. Odyssey is not seeking to evade its commitment to the residents of Mendota; rather it is seeking a path forward through the most challenging of economic circumstances to ensure that it can fully meet it promises under the DA for the long term. Odyssey also certainly understands that a deferral of the Public Benefits Fees will have impacts on the City’s current fiscal year budget, however Odyssey, in good faith, fully believes that the City’s long-term fiscal position will be improved by helping Odyssey expedite completion of the development of the Property so that its full economic potential can be realized.

Tax Reform Discussion
Odyssey appreciated the recognition by members of the City Council at the July 12 Meeting of the need to discuss long-term reforms to the City’s Public Benefit Fee/tax structure for all licensed cannabis businesses in Mendota. The cannabis industry is evolving rapidly – for good and bad – and the lofty projections made by businesses and policymakers alike to justify the enormous taxes on cannabis activity have been brought down to earth by the stark reality of current market conditions. Across the state, policy makers and stakeholders are continuously discussing the proposals to lower taxes, and just last month the State of California eliminated the state cultivation tax. While these initial reforms are welcomed, far more is needed to address the layers of state and local taxes that make cannabis the most taxed industry in the state by a large margin.

Many jurisdictions are now realizing that it is not a given that the cannabis businesses they have licensed will be able to survive and prosper in the long term under existing tax structures. Further, as the industry rapidly consolidates, the largest, most successful operators are increasingly picking jurisdictions to invest in based on the local tax structures. This approach is increasingly becoming a necessity because in the hyper-competitive cannabis industry even a small edge on taxes can give a business a major advantage over its competitors.

Odyssey would welcome the opportunity, alongside its fellow Mendota cannabis businesses, to present to the City Council for its consideration a variety of tax policy proposals to set a foundation for the long-term success of the cannabis industry in Mendota.

I am available at your convenience to discuss these matters further. Thank you.

Sincerely,
/s/Alexander Freedman
President, Odyssey Agricultural Development LLC
cc: Hunter C. Castro, Esq. ([email protected])
John Kinsey, Esq. ([email protected])
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 66

ODYSSEY AGRICULTURAL DEVELOPMENT LLC
418 W. BELMONT AVE. | MENDOTA, CA 93640
December 13, 2022
Sent via Email to:

Cristian Gonzalez
City Manager
Re: Odyssey Agricultural Development LLC Development Agreement with the City of Mendota (“City”)
Dear City Manager Gonzalez,
I write on behalf of Odyssey Agricultural Development LLC (“Odyssey”) in follow up to Odyssey’s written fee deferral request dated July 21, 2022, and its presentations to the Mendota City Council concerning the same on July 12, 2022, and October 12, 2022.

Despite not having come close to a profit in 18 months of operation at its farm in the City, Odyssey has already paid the City almost $600,000 in public benefit fees and has injected millions of dollars into the local economy. Now, at the worst time in the history of the cannabis industry in California, Odyssey is investing every available dollar to finish development of the farm and make it economically sustainable. This investment will create a foundation for Odyssey to contribute millions of dollars in public benefit fees in years to come. Odyssey greatly appreciates the support of the City thus far and respectfully asks for the City’s further support to help realize the full economic potential of the farm.

As of today, the unpaid public benefit fees under Odyssey’s Development Agreement total $450,000. On July 21, 2022, Odyssey requested a deferral of these fees plus the Q1 2023 fee in the form of a payment plan of $50,000 per quarter for 12 quarters. Per the default notice dated September 29, 2022, the City rejected this request on the grounds it would constitute a gift of public funds. The City did not provide further detail as to any other objection to the payment plan request. Nonetheless, Odyssey proposes a revised payment schedule for the $450,000 in fees currently outstanding:

Payment Date Payment Amount
January 2023 $100,000
April 1, 2023 $35,000
July 1, 2023 $35,000
October 1, 2023 $35,000
January 1, 2024 $35,000
April 1, 2024 $35,000
July 1, 2024 $35,000
October 1, 2024 $35,000
January 1, 2025 $35,000
April 1, 2025 $35,000
July 1, 2025 $35,000
2 In addition to the fee deferral proposal, Odyssey wishes to continue the discussion with the City regarding a general reform of the cannabis fee/tax structure in the City. As shared with City officials on numerous occasions, at the end of 2021 the cannabis industry entered a severe downturn that has only worsened over the course of 2022. While there was initial hope that the industry would quickly recover, hard truths about the industry have become apparent, namely that the industry is heading rapidly towards commoditization where profits margins are a small fraction of what they were in the early days of legalization.

Policy makers across the state have responded to the economic reality of the cannabis industry with significant tax reforms, including the State of California’s elimination of the state cultivation tax entirely. Many cities and counties have followed suit and adopted significant cannabis tax reform in 2022. Below is a non-exhaustive survey of recent tax reductions adopted in local jurisdictions that are major centers of outdoor cultivation.

Jurisdiction Legislative Action
Monterey County -Reduced outdoor cultivation tax from $2.50/sq ft to $1/sq ft
-Directed County Treasurer to offer cultivators
payment plans for taxes owed through 2023
Sonoma County Reduced cultivation tax by 45% through at least June 30, 2023
-Postponed tax payment due dates and suspended
late fees
Calaveras County -60% reduction in square footage canopy tax rate for cultivators (NOTE: This proposal was
considered for adoption on 12/13/22)
Humboldt -Suspended 85% of cultivation tax for 2021
-Suspended 100% of cultivation tax for 2022 and
2023
Lake County -Reduced cultivation tax by 50%
-Postponed tax payment due dates and waived
late fees
Nevada County -Reduced cultivation tax by 50%
These reforms acknowledge several important facts about cannabis tax policy. First, the original tax structures conceived in the first few years after passage of Proposition 64 have been shown to be a simply incompatible with the development of healthy industry and therefore require long-term reform. Second, the extensive fees and taxes cannabis businesses originally agreed to pay, especially those not pegged entirely to a percentage of gross receipts, have become so untenable in these current market conditions that deferrals and postponements of existing obligations are necessary to keep local cannabis businesses afloat. The fact that so many jurisdictions referenced above have decided to suspend and/or postpone collection of taxes says it all. It also demonstrates that the City of Mendota could take legislative action to defer its collection of fees without running afoul of gift of public funds regulations. 3 Considering these facts, Odyssey proposes that beginning in 2023, all public benefit fees for cannabis businesses should be calculated based on 2% of a business’ quarterly gross receipts.

A percent-based fee ensures that the City and cannabis businesses are aligned both in good times and bad. When the cannabis business does well, the City is guaranteed its proportional share that will fund numerous public benefits. When the cannabis business does not do well, the business is not saddled with disproportionate fees that only make it more difficult for the business to recover and generate greater fee revenue in the future. Case in point: despite generating little over $1 million in revenue in 18 months of operation, Odyssey has already incurred $1 million in public benefit fee obligations. No cannabis business can survive, let alone thrive, under such a burdensome tax structure.

In summary, Odyssey proposes payment of the outstanding $450,000 in fees over the course of the next 30 months in addition to a public benefit fee of 2% of quarterly gross receipts beginning in January 2023.

I am available at your convenience to discuss these matters further. Thank you.

Sincerely,
/s/Alexander Freedman
President, Odyssey Agricultural Development LLC
cc: Hunter C. Castro, Esq. ([email protected])

EXHIBIT EXHIBIT EXHIBIT EXHIBIT 77

ODYSSEY AGRICULTURAL DEVELOPMENT LLC
418 W. BELMONT AVE. | MENDOTA, CA 93640
January 30, 2023
Sent via US Mail and Email to:

City of Mendota
643 Quince Street
Mendota, California 93640
c/o Cristian Gonzalez, City Manager
[email protected]
Wanger Jones Helsley PC
256 E. River Park Circle, Suite 310
Fresno, California 93720
c/o John Kinsey, Esq
[email protected]
Re: Development Agreement by and between the City of Mendota and Odyssey Agricultural Development, et al.

Dear Cristian and John:

I write on behalf of Odyssey Agricultural Development LLC, Odyssey Agricultural Holdings LLC, and Valley Agricultural Holdings, LLC (collectively, “Odyssey”) regarding their Development Agreement with the City of Mendota dated March 26, 2021 (the “Development Agreement”). More specifically, I write regarding the special meeting of the Mendota City Council on February 2, 2023, at which the City Council intends to consider the status of the Development Agreement, including potential action to terminate the Development Agreement.

On January 18, 2023, the Mendota Planning Commission considered Odyssey’s request to amend the terms of the Development Agreement and voted unanimously to recommend to the City Council that it consider implementing a revised tax structure and consider and approve Odyssey’s proposed plan for deferred payment of public benefit fees. Odyssey is hopeful that the City Council will adopt the Planning Commission’s recommendation and work with Odyssey and other cannabis operators in Mendota to develop a revised cannabis tax structure that will ensure the long-term success of the cannabis industry in the City.

Without undermining that hopefulness, Odyssey nevertheless reserves all rights under the Development Agreement and applicable law and must submit this letter for the record that any action by the City Council at the February 2, 2023, special meeting to terminate the Development Agreement would be invalid and ineffective.

Under Section 8.1 of the Development Agreement, the City must give Odyssey no less than 30 calendar days to cure a default. If the default is not cured within the 30-day notice period, then the City may give Odyssey notice of its intent to terminate the Development Agreement. However, prior to the City giving notice to Odyssey of its intent to terminate the Development Agreement, the City must schedule the matter for consideration and review in a 2 public hearing within 30 calendar days of the expiration of the 30-day notice period. After the duly noticed public hearing within the requisite time frame, the City may give written notice of the termination of the Development Agreement.

On November 18, 2022, the City issued Odyssey a Notice of Default and Demand for Cure (“Notice of Default”), which provided Odyssey until Sunday, December 18, 2022, to cure the alleged default. While December 18, 2022, was 30 calendar days from November 18, 2022, Section 10.11(p) (“Calculation of Time Periods”) of the Development Agreement provides that “[a]ll time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.” As such, the City was required to provide Odyssey until Monday, December 19, 2022—not Sunday December 18, 2022—to cure the alleged default. The City’s failure to give accurate notice and an opportunity to cure as required under the Development Agreement renders any decision stemming from the defective notice invalid and ineffective.

Even if the Notice of Default was not defective, the City Council may not terminate the Development Agreement at its special meeting on February 2, 2023, because the public hearing to consider and review the matters contained in Notice of Default was not scheduled within the time frame required under Section 8.1(c) of the Development Agreement, which requires the City Council to schedule a public hearing for consideration and review “within thirty (30) calendar days from the expiration of the thirty (30) day notice period.” Here, the latest the City Council could have scheduled the requisite public hearing for consideration and review of the Notice of Default was January 18, 2023. The City Clerk scheduled a meeting relating to the Notice of Default for January 18, 2023, but later cancelled the meeting several hours before it was scheduled to be held.

While the City Council is of course free to schedule meetings to consider and review the Development Agreement at its discretion—and Odyssey welcomes the opportunity to engage with the City Council on this matter at any time the City Council desires—its opportunity to terminate the Development Agreement under Section 8.1 as it relates to the Notice of Default has expired.

Again, Odyssey remains hopeful that it will find common ground with the City Council at the upcoming special meeting, and it is simply making a record of the matters referenced in this letter to preserve its rights should the City Council vote to terminate the Development Agreement. I am available at your convenience to discuss these matters to the extent the City feels such a discussion is necessary prior to the February 2, 2023 special meeting. Thank you.

Sincerely,
/s/Alexander Freedman
President, Odyssey Agricultural Development LLC,
Odyssey Agricultural Holdings LLC, and
Valley Agricultural Holdings, LLC
3 cc: Hunter C. Castro, Esq. ([email protected]) Celeste Cabrera-Garcia, City Clerk ([email protected]) EXHIBIT EXHIBIT EXHIBIT EXHIBIT 88
OLIVER W. WANGER
TIMOTHY JONES*
MICHAEL S. HELSLEY RILEY C. WALTER
PATRICK D. TOOLE SCOTT D. LAIRD
JOHN P. KINSEY
KURT F. VOTE
TROY T. EWELL
JAY A. CHRISTOFFERSON
MARISA L. BALCH
AMANDA G. HEBESHA**
PETER M. JONESt+ STEVEN M. CRASS}
JEFFREY B. PAPE}
DEBORAH K. BOYETT
STEVEN K. VOTE

WANGER JONES HELSLEY PC

ATTORNEYS
265 E. RIVER PARK CIRCLE, SUITE 310
FRESNO, CALIFORNIA 93720

MAILING ADDRESS
POST OFFICE BOX 28340
FRESNO, CALIFORNIA 93729

TELEPHONE
(559) 233-4800
FAX
(559) 233-9330
WJH

CLOVIS OFFICE:
642 Pollasky Avenue
Suite 100
Clovis, California 93612

OFFICE ADMINISTRATOR
LYNN M. HOFFMAN
NICOLAS R. CARDELLA Writer's E-Mail Address: GIULIO [email protected] A. SANCHEZ DANIELLE J. BETHEL CHRISTOPHER A. LISIESKI*** Webslts:

BENJAMIN C. WEST
HUNTER C. CASTRO
STEPHANIE M. HOSMAN RACHEL L. POMBO NATHAN J. MARTIN
COLTEN D. BALLINGER

Also admitted in Washington Also admitted in Idaho
* Also admitted in Virginia
January 31, 2023
VIA EMAIL ONLY: [email protected]
[email protected]

Re:

Response to January 30, 2023, Letter
To Whom It May Concern:

The City of Mendota (“City”) is in receipt of the January 30, 2023, letter (“Letter”) submitted by Odyssey Agricultural Development, LLC; Odyssey Agricultural Holdings, LLC; and Valley Agricultural Holdings, LLC (collectively, “Developers”), regarding Developers’ objections to the procedures underlying the review hearing set for February 2, 2023. As requested, Developers’ Letter and this response will be included in the record provided to the City Council prior to the hearing regarding the Parties’ Development Agreement (“DA”).

First, Developers objected to the contents of the City’s November 18, 2022, Notice of Default and Demand for Cure (“Notice of Default”). Developers assert the Notice of Default is void because it failed to provide the requisite thirty-day period to cure when its listed deadline of December 18, 2022, fell on a Sunday and not the following Monday, December 19, 2022. (See DA, §§ 8.1, subds. (a) and (b) [initial default procedures], 10.11, subd. (p) [“All time referenced in this Agreement shall be calendar days, unless the last day falls on a legal holiday, Saturday, or Sunday, in which case the last day shall be the next business day.”].) As a result, Developers concluded, “The City’s failure to give accurate notice and an opportunity to cure as {7623/034/01547493.DOCX}
www.wjhattorneys.com

WANGER JONES HELSLEY PC
January 31, 2023

notice invalid and ineffective.” (Letter, p. 2.)
Government Code section 65010, subdivision (b), provides:

No action, inaction, or recommendation by any public agency or its legislative body or any of its administrative agencies or officials on any matter subject to this title shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, error) as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure subject to this title, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown. (Gov. Code, § 65010, subd. (b), emphasis added.) Developers suffered no prejudice by way of the Notice of Default listing December 18th as the deadline to pay $450,000 past due to the City at that time instead of the 19th. Developers were already formally in default of the DA for failing to pay $300,000 past due to the City in connection with the previous Request for Cure of Default City issued to Developers on September 30, 2022. The failure to list December 19th in place of December 18th on the Notice of Default has no bearing on Developers’ decision not to pay the $350,000 that remains unpaid as of the date of this response. Indeed, even if the City Council were to vote to terminate the DA at the upcoming February 2, 2023, review hearing, Developers would be provided another five days to cure their default. (DA, § 8.1, subd. (d).) No prejudice or injury has resulted from the Notice of Default, and, based on Developers’ representatives’ testimony during the January 18, 2023, Planning Commission review hearing, no different result would have occurred had the Notice of Default stated otherwise.

Second, Developers objected to the upcoming City Council meeting being moved to February 2, 2023, instead of proceeding on January 18, 2023, following the Planning Commission’s review hearing as originally scheduled. Developers assert “the public hearing to consider and review the matters contained in the Notice of Default was not scheduled within the time frame required under Section 8.1(c) of the Development Agreement, which requires the City Council to schedule a public hearing for consideration and review ‘within thirty (30) calendar days from the expiration of the thirty (30) day notice period.’” (Letter, p. 2, emphasis added [arguing for /ess time before considering termination].) Review of a development agreement is a multi-step process that requires at least two meetings, each of which has a ten-day minimum publication requirement. (See Gov. Code, §§ 65090, 65091, 65094, 65865, 65867, 65868.) These onerous procedural requirements are {7623/034/01547493.DOCX}

WANGER JONES HELSLEY PC
January 31, 2023 Page 3 designed to protect Developers from having their interests affected without notice and a meaningful opportunity to be involved in the process.

The City’s interpretation (which is generally entitled to deference) of Section 8.1 differs from that adopted by the Developers.

Prior to the Charging Party giving notice to the Charged Party of its intent to terminate, or prior to instituting legal proceedings, the matter shall be scheduled for consideration and review by City in the manner set forth in Government Code sections 65865, 65867, and 65868 or the comparable provisions of the Mendota Municipal Code within thirty (30) calendar days from the expiration of the thirty (30) day notice period.
(DA, § 8.1, subd. (c), emphasis added.) Section 8.1 does not require the (1) City Council (2) conduct a hearing before the thirty-day period following the Notice of Default’s cure window expires. Instead, within the thirty days following the expiration of the Notice of Default’s cure window, the City, not the City Council, was required to schedule the matter for consideration and review pursuant to Government Code sections 65865, 65867, and 65868. (Jd.) The City did so by timely scheduling the January 18, 2023, Planning Commission review hearing.

The fact that the second review hearing was set for February 2, 2023, is not prejudicial to Developers. In fact, Developers have gained additional time to pay the undisputed sums past due to the City before this second review hearing. The City’s “opportunity to terminate the [DA] under Section 8.1 as it relates to the Notice of Default” has not “expired” as Developers assert. (Letter, p. 2.) Section 8.1, subdivision (c), was designed to ensure the Parties initiate a review process while a default is fresh, not to force immediate publication of back-toback hearing notices in a race to preserve the City’s right to terminate the DA for a material breach. Providing Developers additional time to repay the undisputed amounts due will not work a forfeiture of the City’s rights to enforce the DA. (See DA, §§ 4.2, subd. (b) [Failure to remit the . . . Public Benefit Fee, as applicable, is a material breach of this Agreement and shall be sufficient grounds for revocation of all entitlements associated with the Project.”], 4.3 (“Failure or refusal of [Developers] to . . . pay the Public Benefit Amount . . . shall constitute full and sufficient grounds for the revocation or suspension ok the Conditional Use Permit and all entitlements associated with the Project.”].)

{7623/034/01547493.DOCX}
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 99

\ MEW
ire CITY OF MENDOTA
“
ASS °
So
y “Cantaloupe Center Of The World”
December 6, 2024
VIA CERTIFIED MAIL AND E-MAIL:

[email protected]
Odyssey Agricultural Development, LLC Valley Agricultural Holdings, LLC 2222 E. Olympic Blvd. 2151 E. Convention Center Way, Suite 222 Los Angeles, CA 90021 Ontario, CA 91764
Attention: Legal Department Attention: Richard Munkvold Odyssey Agricultural Holdings, LLC Valley Agricultural Holdings, LLC 2222 E. Olympic Blvd. 2151 E. Convention Center Way, Suite 114 Los Angeles, CA 90021 Ontario, CA 91764
Attention: Legal Department Attention: Steven B. Imhoof, Esq.

Weinberg Gonser LLP
10866 Wilshire Blvd., Suite 1650
Los Angeles, CA 90024 Attention: Russell Greenman, Esq.

Re: Notice of Default and Demand for Cure

City of Mendota Development Agreement
To Whom It May Concern:

I am writing in connection with the March 26, 2021, Development Agreement between Odyssey Agricultural Development, LLC (“Developer”), Odyssey Agricultural Holdings, LLC (“OAH”), Valley Agricultural Holdings, LLC (“VA”; collectively with Developer and OAH, the “Developers”), and the City of Mendota (“City”).

Developers are currently in default of the Development Agreement for failing to pay the Public Benefit Fees due to City in the following amounts:
" $150,000 due to the City on May 2, 2024, of which $100,000 was paid on September 16, 2024, and $50,000 remains outstanding.
: $150,000 due to the City on August 2, 2024, of which $150,000 remains outstanding.
. $150,000 due to the City on November 2, 2024, of which $150,000 remains outstanding.

As of the date of this notice, a total of $350,000 is currently past due to the City. (See Development Agreement, §§ 4.2-4.6.)
H/
643 Quince Street Mendota, California $3640
Telephone: (559) 655-3281 Fax: (559) 655-4064 ci.mendota.ca.uis TDD/TTY 866-735-2919 (English) TOD/TTY 866-833-4703 (Spanish) The City of Mendota is an equal opportunity provider and employer HII
Pursuant to Section 8.1, subdivisions (a) and (e), of the Development Agreement, the City demands Developers cure this default by paying the City all outstanding amounts due within forty-six days of the date of this notice. Such deadline to cure Developers’ default expires at 5:00 p.m. on January 21, 2025.
fo Pe jf GCristian Gonzalez
City Manager, City of Mendota
Enclosures: Past-Due 2024 Public Benefit Fee Invoices

CITY OF MENDOTA
“Cantaloupe Center Of The World”

Date: December 6, 2024

Bill To:

Name: ODYSSEY AGRICULTURAL DEVELOPMENT, LLC
Address: 2222 E. OLYMPIC BLVD
LOS ANGELES CA 90021
ATTN: Legal Department

Description Amount Odyssey Development Agreement
Public Contribution Payment Quarter May 2, 2024 $ 50,000.00 Odyssey Development Agreement Public Contribution Payment Quarter August 2, 2024 $ 150,000.00
Odyssey Development Agreement
Public Contribution Payment

Quarter November 2, 2024 $ 150,000.00

Total Amount Due , $ 350,000.00 Due upon receipt Please make payable to City of Mendota. If you have any questions, please contact City Hall at (559) 655-3291. Thank you. 643 Quince Street Viendota, California 93646 Telephone: (659) 655-3291 Fax: (559) 655-4064 ci.mendotd.ca.us TOD/TTY 866-735-2915 {English} TOO/TTY 866-333-4703 (Spanish) The City of Mendota is an equal spportunity provider and employer EXHIBIT EXHIBIT EXHIBIT EXHIBIT 1010
ooCantaloupe Cente, Of The World"
NOTICE OF'PI]BLIC HEARING TO REVIEW AND CONSIDER STATUS OX'

DEVELOPMENT AGREEMENT DEFAULT, ENTITLEMENTS, AND TERMINATION

OF DEYELOPMENT AGREEMENT
Government Code $S 65865.1, 65867, 65868
February 4,2025
VIA U.S. MAIL & E-MAIL:

Odyssey Agricultural Development LLC
2222 E. Olympic Blvd.

Los Angeles, CA 90021
Attn: Alex Freedman, President
[email protected]
Odyssey Agricultural Holdings, LLC
2222 E. Olympic Blvd.

Los Angeles, CA 90021
Attn: Legal Department

CITYOF MENDOTA
Valley Agricultural Holdings, LLC
2l5l E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Richard Munkvold
Valley Agricultural Holdings, LLC
2l5l E. Convention Center Way, Suite ll4
Ontario, CA 91764
Attn: Steven B. Imhoof
Weinberg Gonser LLP
10866 Wilshire Boulevard, Suite 1650
Los Angeles, CA 90024
Attn: Russell Greenman, Esq.

Re: Review and Action on Development Agreement Default
Odvssev Agricultural Development. LLC. et al.

To Whom It May Concern:

On December 6,2024,the City of Mendota ("City") issued aNotice of Default and Demand for Cure regarding $350,000 in public benefit fees past due to the City under your Development Agreement. The City demanded you cure this default by paying all outstanding amounts due by 5:00 p.m. on January 21,2025. Further, another public benefit fee payment of $150,000 came due on February 2,2025, but went unpaid. As of the date of this letter, you have yet to cure your default and currently owe $500,000 in past due public benefit fees to the City.

On Wednesday, February 19,2025, at 6:30 p.m., the City will host a public hearing (the "Hearing") to determine the extent of your good faith, substantial compliance with the Development Agreement dated March 26,202l,that allows the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portion of 643 0uince $treet Mendota, California 93640
Telephone: (559) 655-3291 Far: (559) 655'4064
TDD/ffY 866-735-2919 (English) TDD/ITY 866-833-4703 ($panish) ci.mgndota.ca.us
The City ol Mendota is an equal opportunity prouider and Bmployer APN 013-030-683T) located at 418 West Belmont Avenue, Mendota, Califomia 93640. The Hearing will be hosted by the Crty's Planning Commission at the City Council Chambers located at725 Riofrio Street, Mendota, California 93640.

This Hearing is scheduled pursuant to Article 8 of the Development Agreement and GovernmentCodesections65865.1,65867,and65868. DuringtheHearing,youwillbepermitted an opportunity to be heard orally or in writing regarding your performance under the Development Agreement and shall be required to affirmatively demonstrate your current compliance with the terms of the Development Agreement. The City has enclosed copies of all staff reports, agenda items, and notices related to your performance under the Development Agreement issued over the past year.

Please contact Cristian Gorzalez, City Manager, by phone at (559) 655-3291or via email at [email protected] if you have any concerns.

V
Celeste Cabrera CMC

CITYOF MENDOTA
ocCantaloupe Center Of The World"
Date: April 4,2024
Due May 2,2024
Please make payable to City of Mendota, lf you have any questions, please contact City Hall at (559) 655-3291 . Thank you.

Name:

Address:

Bill To:

Odyssey
2222 E. Olympic BIvd
Los Angeles, CA 90021
Attn:

Description Amount
Odyssey Development Ag reement
Public Contribution Payment
Quarter February Znd,2024 Payment
Odyssey Development Ag reement
Public Contribution Payment
Quarter May 2nd ,2024 Payment
$ 150,000,00
$ 150,000.00
Total Amount Due $ 300,000.00
643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fresno Line: (559) 266-6456 Far: (559) 655-4064 TDDffTY 866-735-2919 (English) TDD/[TY 866-833-4703 (Spanish) www. cityolmendota. com
The City ol Mendota is an equal opportunity provider and employer CITY of MENDOTA
643 Quince St.

Mendota CA 93640
(55e)6 55-42e8
Customer lnvoice # lnvoice Date Amount Due
ODYOl 000c40701 3 July 2,2024 $ 300,000.00

ODYSSEY
2222 E. OLYMPIC BLVD
LOS ANGELES CA 90021
Attn.:
lnvoice Description PUBLIC CONTRIBUTION
Terms
Rec
Due upon receipt
01 1215
Line Price
150000.00
150000.00 0002
0001 QUARTER AUGUST 2,2024
PAST DUE MAY 2,2024
CITY of MENDOTA
643 Quince SL
Mendota CA 93640
(55e)65542e8
Customer lnvoice # lnvoice Date Amount Due
ODYOl c41002 October 2,2024 $ 1 50,000.00
Bill To

ODYSSEY
2222 E. OLYMPIC BLVD
LOS ANGELES CA 90021
Attn.:
lnvoice Description Regular lnvoice
Terms
Rec
Due upon receipt
01 1215
Price Line
1 50000 00 QUARTER NOVEMBER 2, 2024

PUBLIC CONTRIBUTION FEE ODYSSEY
0001
0 .00

CITY OF MENDOTA
“Cantaloupe Center Of The World”

December 6, 2024
VIA CERTIFIED MAIL AND E-MAIL:
[email protected]
Odyssey Agricultural Development, LLC Valley Agricultural Holdings, LLC 2222 E. Olympic Blvd. 2151 E. Convention Center Way, Suite 222 Los Angeles, CA 90021 Ontario, CA 91764
Attention: Legal Department Attention: Richard Munkvold Odyssey Agricultural Holdings, LLC Valley Agricultural Holdings, LLC 2222 E. Olympic Blvd. 2151 E. Convention Center Way, Suite 114 Los Angeles, CA 90021 Ontario, CA 91764
Attention: Legal Department Attention: Steven B. Imhoof, Esq.

Weinberg Gonser LLP
10866 Wilshire Blvd., Suite 1650
Los Angeles, CA 90024 Attention: Russell Greenman, Esq.

Re: Notice of Default and Demand for Cure
City of Mendota Development Agreement
To Whom It May Concern:

I am writing in connection with the March 26, 2021, Development Agreement between Odyssey Agricultural Development, LLC (“Developer”), Odyssey Agricultural Holdings, LLC (“OAH”), Valley Agricultural Holdings, LLC (“VA”; collectively with Developer and OAH, the “Developers”), and the City of Mendota (“City”),
Developers are currently in default of the Development Agreement for failing to pay the Public Benefit Fees due to City in the following amounts:
. $150,000 due to the City on May 2, 2024, of which $100,000 was paid on September 16, 2024, and $50,000 remains outstanding.
a $150,000 due to the City on August 2, 2024, of which $150,000 remains outstanding.
" $150,000 due to the City on November 2, 2024, of which $150,000 remains outstanding.

As of the date of this notice, a total of $350,000 is currently past due to the City. (See Development Agreement, §§ 4.2-4.6.)
Hil
643 Quince Sireet Mendota, Calitornia S840
Telephone: (559) 655-3291 Fax; (559) 665-4064 ci.mandota.ga.us TOO/TTY 866-735-2919 (English) TOD/TTY 866-839-4703 (Spanish) The City of Mendota is an equal opportunity provider and employer Hf
Pursuant to Section 8.1, subdivisions (a) and (e), of the Development Agreement, the City demands Developers cure this default by paying the City all outstanding amounts due within forty-six days of the date of this notice. Such deadline to cure Developers’ default expires at 5:00 p.m. on January 21, 2025.

Thank you, FZ ———
Cristian Gonzalez City Manager, City of Mendota
Enclosures: Past-Due 2024 Public Benefit Fee Invoices

CITY OF MENDOTA
“Cantaloupe Center Of The World”

Date: December 6, 2024

Bill To:

Name; ODYSSEY AGRICULTURAL DEVELOPMENT, LLC
Address; 2222 E. OLYMPIC BLVD
LOS ANGELES CA 90021
ATTN: Legal Department

Description Amount
Odyssey Development Agreement Public Contribution Payment Quarter May 2, 2024 $ 50,000.00 Odyssey Development Agreement Public Contribution Payment Quarter August 2, 2024 $ 150,000.00
Odyssey Development Agreement
Public Contribution Payment

Quarter November 2, 2024 $ 150,000.00

Total Arnount Due $ 350,000.00
Due upon receipt
Please make payable to City of Mendota. If you have any questions, please contact City Hall at (559) 655-3291. Thank you.
643 Quince Street Mendota, California 93640 Telephone: (559) G55-3291 Fax: (559) 665-4064 ci.mendota.ca.us TOD/TTY 866-735-2919 (English) TOD/TTY 866-833-4708 (Spanish) The City of Mendota is an equal opportunity provider and employer

CITY OF MENDOTA
“Cantaloupe Center Of The World”

Date: January 28, 2025

Bill To:

Name; Odyssey
Address: 2222 E. Olympic Blvd
Los Angeles, CA 90021

Attn: Legal Department
Description Amount
Odyssey Development Agreement
Public Contribution Payment $ 150,000.00
Quarter February 2nd, 2025
Odyssey Development Agreement
Public Contribution Payment $ 50,000.00
Quarter May 2nd, 2024
Odyssey Development Agreement
Public Contribution Payment $ 150,000.00 Quarter August 2nd, 2024

Odyssey Development Agreement
Public Contribution Payment $ 150,000.00
Quarter November 2nd, 2024

Total Amount Due $ 500,000.00
Due February 2, 2025 Please make payable to City of Mendota. If you have any questions, please contact City Hall at (559) 655-3291. Thank you.
643 Quince Street Mendota, California 93640
Telephone: (559) 655-3291 Fax: (559) 655-4064 ci,mendota.ca.us TDD/TTY 866-735-2519 (English) TOD/TTY 866-833-4703 (Spanish) The City of Mendota is an equal opportunity provider and employer Partiat Payment of M ay 2,2024 Bil,t Received on 9/1612024 DgtG y Dtrcripion C Debhg Crudk; Balanm
w Sep 16, 2024 lncoming lrYlre ODYSSEY AGRICULTURAL DEVELOPMENT LL 79r58412
100,000.00
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 1111 1

NOTICE OF PUBLIC HEARING

CITY OF MENDOTA

SPECIAL MEETING OF THE PLANNING COMMISSION
NOTICE IS HEREBY GIVEN THAT, on Wednesday, February 19, 2025, at 6:30pm, or as soon thereafter as possible, the Planning Commission of the City of Mendota will hold a public hearing at a special meeting at the Mendota City Council Chambers, 725 Riofrio Street, Mendota, California 93640, to conduct the following business:

1. PUBLIC HEARING TO REVIEW AND CONSIDER STATUS OF DEVELOPEMNT OF

AGREEMENT DEFAULT, ENTITLEMENTS, AND TERMINATION OF
DEVELOPMENT AGREEMENT with ODYSSEY AGRICULTURAL DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, and VALLEY
AGRICULTURAL HOLDINGS, LLC, regarding the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portion of APN 013-030-68ST) located at 418 West Belmont Avenue, Mendota, California 93640.

All interested persons are invited to appear at the time and place specified above to give testimony regarding the proposed action(s) listed above. Written comments may be provided to the City of Mendota at 643 Quince Street, Mendota, California 93640, or [email protected].

Requests for information may be directed to the City Clerk, Celeste Cabrera-Garcia, at (559) 655- 3291 or [email protected].

If you challenge the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or in written correspondence delivered to the Planning Commission of the City of Mendota at, or prior to, the public hearing, or any comments received during the public review period of the associated entitlements.

Posted By: Antonio Pizano, Deputy City Clerk Date/Time: 2/4/2025 by 3:30pm EXHIBIT EXHIBIT EXHIBIT EXHIBIT 1121 2
all in the year 20_____. I certify (or declare) under
penalty of perjury that the foregoing is true and
correct.

Dated at Kerman, California
this ___________________________
day of ___________________________, 20________

FIREBAUGH-MENDOTA JOURNAL
(and) THE MENDOTA TIMES
652 S. Madera Ave.

Kerman, CA 93630
Telephone: 559-846-6689
This space is for the County Clerk’s Filing Stamp
PROOF OF PUBLICATION Proof of Publication
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Fresno,
I am a citizen of the United States; I am over the age
of eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk of
the Firebaugh Mendota Journal and The Mendota
Times, a newspaper of general circulation, printed
and published weekly in the City of Kerman, County
of Fresno, and which newspaper has been adjudged a
newspaper of general circulation by the Superior Court
of the County of Fresno, State of California, under the date of 1949, Case Number 135831; that the notice,
of which the annexed is a printed copy (set in type
not smaller that nonpareil), has been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following date, to-wit:
25 5th
February 25
February 5

CITY OF MENDOTA

PUBLIC NOTICE
PLANNING COM. MEETING

NOTICE OF

PUBLIC HEARING

CITY OF MENDOTA

SPECIAL MEETING

OF THE PLANNING

COMMISSION

NOTICE IS HEREBY
GIVEN THAT, on Wednesday, February 19, 2025, at
6:30pm, or as soon thereafter as possible, the Planning Commission of the City of Mendota will hold a
public hearing at a special
meeting at the Mendota
City Council Chambers,
725 Riofrio Street, Mendota, California 93640, to
conduct the following business:

1. PUBLIC HEARING TO REVIEW AND

CONSIDER STATUS

OF DEVELOPEMNT OF

AGREEMENT DEFAULT,

ENTITLEMENTS, AND
TERMINATION OF DEVELOPMENT AGREEMENT with ODYSSEY
AGRICULTURAL DEVELOPMENT, LLC, ODYSSEY
AGRICULTURAL HOLDINGS, LLC, and VALLEY
AGRICULTURAL HOLDINGS, LLC, regarding the
construction and operation
of a cannabis cultivation,
processing, and distribution facility on approximately 36 acres (portion of APN 013-030-68ST) located at 418 West Belmont
Avenue, Mendota, California 93640.

All interested persons
are invited to appear at the
time and place specified
above to give testimony
regarding the proposed
action(s) listed above.

Written comments may be
provided to the City of Mendota at 643 Quince Street,
Mendota, California 93640,
or ccabrera@cityofmendota.com. Requests for information may be directed to the City Clerk, Celeste
Cabrera-Garcia, at (559)
655-3291 or ccabrera@
cityofmendota.com.

If you challenge the
above matter(s) in court,
you may be limited to raising only those issues you
or someone else raised
at the public hearing, or
in written correspondence
delivered to the Planning
Commission of the City of
Mendota at, or prior to, the
public hearing, or any comments received during the
public review period of the
associated entitlements.
0608:j6c
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 113121 3
From: Alex Freedman
To: Celeste Cabrera-Garcia
Cc: Cristian Gonzalez; Hunter Castro
Subject: Re: Notice of Public Hearing
Date: Tuesday, February 18, 2025 10:55:07 AM
Hi Cristian,
We will be wiring $175k tomorrow (2/19) and $175k on 3/6 to clear the balance on the May, August and November public benefit fees and $150,000 on 3/26 for the February public benefit fee. Please feel free to provide this email to the Planning Commission as the Developer's submission for their hearing tomorrow. Thank you for your patience. Please let me know if you have any questions.

Thanks,
Alex
--
Alex Freedman
President & CEO | Traditional
(310) 882-9896
[email protected]
https://www.traditional.com/
On Tue, Feb 4, 2025 at 3:46 PM Celeste Cabrera-Garcia <[email protected]> wrote:

Good afternoon Mr. Freedman,
Please see the attached Notice of Public Hearing to Review and Consider Status of Development Agreement Default, Entitlements, and Termination of Development Agreement.

Please contact Cristian Gonzalez, City Manager, by phone at (559) 655-3291 or via email at [email protected] if you have any concerns.

Sincerely,
Celeste Cabrera-Garcia, MPA, CMC
City Clerk | City of Mendota
643 Quince Street, Mendota, CA 93640
Office: (559) 655-3291 | Mobile: (559) 577-7692
Email: [email protected]
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 114121 4

CITYOF MENDOTA

ALBERT ESCOBEDO

ALICIA ESCOBEDO

ALEX GARCIA

VERONICA GILL

MOSES MACIAS

JESSICA SANCHEZ
Alternate Commissioner
ooCantaloupe Center Of The World"
AGENDA

MENDOTA PLANNING COMMISSION
Special Planning Commission Meeting
City Council Chambers
725 Riofrio Street
Mendota, California 93640
February 19, 2025
6:30 PM

CRISTIAN GONZALEZ
City Manager
Public Works/Planning Director

JEFFREY O'NEAL
City Planner
The City of Mendota Planning Commission welcomes you to its meeting. Regular Planning Commission meetings are scheduled for the fourth Tuesday every month. Your interest and participation are encouraged and appreciated.

Notice is hereby given that Planning Commissioners may discuss and/or take action on any or all of the items listed on this agenda, Please silence your cell phones. Thank you for your respect and consideration.

Any public writings distributed by the City of Mendota to at least a majority of the Planning Commission 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, California 93640, during normal business hours: Monday through Friday from 8am - 5pm. ln compliance with the Americans with Disabilities Act, those requiring special assistance to participate at this meeting please contact the City Clerk at (559) 655-3291 or (559) 577-7692. Notification of at least forty-eight hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to the meeting.

CALL TO ORDER

ROLL CALL

FLAG SALUTE

FINALIZE THE AGENDA

1. Adjustments to Agenda

2. Adoption of final Agenda

SWEARING IN
City Clerk Cabrera-Garcia to swear in Planning Commissioners Alicia Escobedo, Veronica Gill, Moses Macias, and Jessica Sanchez.

REORGANIZATION OF PLANNING COMMISSION
City Clerk Cabrera-Garcia to conduct the Planning Commission reorganization proceedings and accept nominations for the following offices:
a) Chairperson
b) Vice-Chairperson
Planning Commission Agenda February 19, 2025
1 1
1 643 Quince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Far: (559) 655-4064
TDD/fnf 866-735-2919 (English) TDD/ffY 866-833-4703 (Spanish) ci.mendota.ca.us
The City ol Mendota is an equal opportunity prouider and cmployer 1 PUBLIC COMMENT
At this time, members of the public may address the Planning Commission on only matters not listed on the agenda involving matters within the jurisdiction of the Planning Commission. Please complete a "request to speak" form and limit your comments to FIVE (5) 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.

PUBLIC HEARING
Planning Commission public hearing to review and consider status of Development Agreement default, entitlements, and termination of Development Agreement with Odyssey Agricultural Development, LLC, Odyssey Agricultural Holdings, LLC, and Valley Agricultural Holdings, LLC.
a. Receive repoft from Assistant City Attomey Castro
b. lnquiies from Planning Commission to staff
c. Chairperson opens the public heaing
d. Once all comment has been received, the Chairperson c/oses the public hearing
e. Planning Commission provides input and takes action as appropriate

ADJOURNMENT

CERTIFICATION OF POSTING
l, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby declare that the foregoing agenda for the City of Mendota Planning Commission Special Meeting of Wednesday, February 19, 2025, was posted on the outside bulletin board located at City Hall, 643 Quince Street, Mendota, California 93640, and at the City Council Chambers located at725 Riofrio Street,
14,2025, by 5:00 p.m.
, or Frid ay, February
Celeste re Clerk
Planning Commission Agenda 2 February 19, 2025
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 1I5121 5
o.Cantaloupe Center Of The World"

NOTICE OF PUBLIC HEARING TO REVIEW AND CONSIDER STATUS OF

DEVELOPMENT AGREEMENT DEFAULT, ENTITLEMENTS, AND TERMINATION

OF DEVELOPMENT AGREEMENT
NOTICE OF PUBLIC HEARING: ANNUAL REVIEW OF PERFORMANCE UNDER

DEVELOPMENT AGREEMENT
GOVERNMENT CODE SS 65865.1, 65867,65868
April 1,2025
VIA IJ.S. MAIL & E-MAIL:

Odyssey Agricultural Development LLC
2222 E. Olympic Blvd.

Los Angeles, CA 90021
Attn: Alex Freedman, President
al efl@ tradi ti o nal . c o m
Odyssey Agricultural Holdings, LLC
2222 E. Olympic Blvd.

Los Angeles, CA 9002I
Attn: Legal Department

CITYOF MENDOTA
Valley Agricultural Holdings, LLC
2l5l E. Convention Center Way, Suite 222
Ontario, CA 91764
Attn: Richard Munkvold
Valley Agricultural Holdings, LLC
2l5l E. Convention Center Way, Suite Il4
Ontario, CA 91764
Attn: Steven B. Imhoof
Weinberg Gonser LLP
10866 Wilshire Boulevard, Suite 1650
Los Angeles, CA 90024
Attn: Russell Greenman, Esq.

Re Review and Action on Planning Commission's Recommendation Regarding Development Agreement Default
Annual Review Hearing
Odvssey Aericultural Development. LLC. et aI.

To Whom It May Concern:

The City of Mendota ("City") will be hosting two public hearings (collectively, the "Hearings") on Tuesday, April 1512025, at 6:00 p.m., or as soon thereafter as possible, to review and determine the extent of ODYSSEY AGRICULTURAL DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, and VALLEY AGRICULTURAL HOLDINGS, LLC,S (collectively, the 'oDevelopers") good faith, substantial compliance with the Development Agreement dated March 26, 2021, that allows the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portion of APN 013- 643 Ouince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fax: (559) 655-4064
TDD/[TY 866-735-2919 (English) TDDffTY 866-833-4703 (Spanish) cityolmendota.com
The City ol Mendota is an equal opportunity prouider and employer 030-683T) located at 418 West Belmont Avenue, Mendota, Califomia 93640. The Hearings will be hosted by the City Council at the City Council chambers located at 725 Riofrio Street, Mendota, California 93640.

A true and correct copy of the public notice regarding the Hearings that will be published, posted, and distributed, to the extent required by law, is below:

NOTICE IS HEREBY GIVEN THAT, on April 15,2025, at 6:00
p.m., or as soon thereafter as possible, the City Council of the City of Mendota will hold a public hearing at a regular meeting at the Mendota City Council Chambers, 725 Riofrio Street, Mendota, California 93640, to conduct the following business:

PI.]BLIC HEARING TO REVIEW AND CONSIDER
STATIJS OF DEVELOPMENT AGREEMENT DEFAULT.

DEVELOPMENT AGREEMENT with ODYSSEY

AGRICTJT,TURAL DEVELOPMENT, LLC, ODYSSEY
AGRICIJTTIJRAL HOLDINGS, LLC, and VALLEY
AGRICIJL,TURAL HOLDINGS, LLC, regarding the
construction and operation of a cannabis cultivation,
processing, and distribution facility on approximately 36 acres (portion of APN 013-030-685T) located at 418 West Belmont Avenue, Mendota, California 93640. At a special meeting on February 19, 2025, the Planning Commission
voted to recommend the City Council consider termination of the development agreement.

FURTHER NOTICE IS HEREBY GIYEN THAT, on April 15,
2025, at 6:00 p.m., or as soon thereafter as possible, the City Council of the City of Mendota will hold a public hearing at a regular meeting at the Mendota City Council Chambers,72l Riofrio Street, Mendota, California 93640, to conduct the following business:

PERFORMANCE DEVELOPMENT
AGREEMENT with ODYSSEY AGRICIJT,TIJRAL

DEVELOPMENT, LLC, ODYSSEY AGRICUT,TTJRAL
HOLDINGS, LLC, and VALLEY AGzuCURURAL
HOLDINGS ,LLc,regarding the construction and operation
of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portion of APN 013-030- 685T) located at 418 West Belmont Avenue, Mendota
California 93640.
1 2 F
All interested persons are invited to appear at the time and place specified above to give testimony regarding the proposed action(s) listed above. Written comments may be provided to the City of Mendota at 643 Quince Street, Mendota, California 93640, or [email protected]. Requests for information may be directed to the City Clerk, Celeste Cabrera-Garcia, at (559) 655- 329 I or [email protected].

If you challenge the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or in written correspondence delivered to the City Council of the City of Mendota at, or prior to, the public hearing, or any comments received during the public review period of the associated entitlements.
(Public Notice regarding Hearitrgs, emphasis in original.) The Hearing identified as Number 1 above concerns the City Council's consideration and action, if any, on the Planning Commission's February 19, 2025, recommendation that the City terminate the Development Agreement. This matter commenced with the City's December 6,2024,Notice of Default and Demand for Cure regarding $350,000 in past due public benefit fees. Although the Developers were in formal default for nonpayment at the time of the Planning Commission's recommendation on February 19,2025, those outstanding amounts were received by the City via wire installments of $175,000 on February 19,2025, $87,500 on March 7,2025, and $87,500 on March 10,2025, curing the Developers' formal default status.

The Hearing identified as Number 2 above concems an annual review of the Developers' performance and compliance with the terms of the Development Agreement, pursuant to Article 8 of the Development Agreement and Government Code sections 65865.1 ,65867, and 65868. Please take note that, as of the date of this letter, the Developers are behind on their public benefit fee installment obligations in the amount of $ 1 50,000 which came due on February 2,2025, but went unpaid. Further, public participants at the February 19,2025, public hearing before the Planning Commission asserted the Developers have failed to comply with the Development Agreement's requirement that Developers and their agents maintain workers' compensation insurance in connection with all activities onsite. (Development Agreement, $ 6.1, subd. (c).) During the Hearings, you will be permiued an opportunity to be heard orally or in writing regarding your performance under the Development Agreement and shall be required to affirmatively demonstrate your current compliance with the Development Agreement's requirements. The City has enclosed copies of all staff reports, agenda items, and notices related to your performance under the Development Agreement issued over the past year.

Please contact Cristian Gorualez,City Manager, by phone at (559) 655-3291or via email at [email protected] if you have any concerns.

Very truly
Cabrera-Garcia,
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 116121 6
t

NOTICE OF PUBLIC HEARINGS

CITY OFMENDOTA

REGULAR MEETING OF THE CITY COUNCIL
NOTICE IS HEREBY GIYEN THAT, on April 1512025, at 6:00 p.m., or as soon thereafter as possible, the City Council of the City of Mendota will hold a public hearing at a regular meeting at the Mendota City Council Chambers,725 Riofrio Street, Mendota, California 93640, to conduct the following business:

1. PUBLIC HEARING TO REVIEW AND CONSIDER STIIIUS OF DEVELOPMENT AGREEMENT Dtr,F'AIIIT trNTITI ,tr, . AND TERMINATION OF with ODYS sEY AGRICURIJRAL DEVELOPMENI
LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, and VALLEY
AGRICULTURAL HOLDINGS, LLC, regarding the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portionofAPN 013-030-685T) located at4l8 WestBelmontAvenue, Mendota, Califomia 93640. At a special meeting on February 19,2025, the Planning Commission voted to recommend the City Council consider termination of the development agreement.

FURTHER NOTICE IS HEREBY GMN THAT, on April 15,2025, at 6:00 p.m., or as soon thereafter as possible, the City Council of the City of Mendota will hold a public hearing at a regular meeting at the Mendota City Council Chambers,72l Riofrio Street, Mendota, California 93640, to conduct the following business:

2. PUBLIC HEARING: ANNUAL REVIEW OF PERFORMANCE UNDER
With ODYS SEY AGRICIJT,TURAL DEVELOPMENI
LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, and VALLEY
AGRICULTURAL HOLDINGS, LLC, regarding the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately 36 acres (portion of APN 0 1 3 -030-685T) located at 4 I 8 West Belmont Avenue, Mendota, California 93640.

All interested persons are invited to appear at the time and place specified above to give testimony regarding the proposed action(s) listed above. Written comments may be provided to the City of Mendota at 643 Quince Street, Mendota, Califomia 93640, or ccabreratlzJcityofmenclota.com.

Requests for information may be directed to the City Clerk, Celeste Cabrera-Garcia, at (559) 655- 329 I or [email protected].

If you challenge the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, or in written correspondence delivered to the City Council of the City of Mendota at, or prior to, the public hearing, or any comments received during the public review period of the associated entitlements.

Po
o 1^ L€ q,bl
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 117121 7
all in the year 20_____. I certify (or declare) under
penalty of perjury that the foregoing is true and
correct.

Dated at Kerman, California
this ___________________________
day of ___________________________, 20________

FIREBAUGH-MENDOTA JOURNAL
(and) THE MENDOTA TIMES
652 S. Madera Ave.

Kerman, CA 93630
Telephone: 559-846-6689
This space is for the County Clerk’s Filing Stamp
PROOF OF PUBLICATION Proof of Publication
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Fresno,
I am a citizen of the United States; I am over the age
of eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk of
the Firebaugh Mendota Journal and The Mendota
Times, a newspaper of general circulation, printed
and published weekly in the City of Kerman, County
of Fresno, and which newspaper has been adjudged a
newspaper of general circulation by the Superior Court
of the County of Fresno, State of California, under the date of 1949, Case Number 135831; that the notice,
of which the annexed is a printed copy (set in type
not smaller that nonpareil), has been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following date, to-wit:
25 2nd
April 25
April 2

CITY OF MENDOTA
725 RIOFRIO ST. DEFAULT

NOTICE OF PUBLIC

HEARINGS

CITY OF MENDOTA

REGULAR MEETING OF

THE CITY COUNCIL

NOTICE IS HEREBY
GIVEN THAT, on April 15,
2025, at 6:00 p.m., or as
soon thereafter as possible, the City Council of the
City of Mendota will hold a
public hearing at a regular
meeting at the Mendota
City Council Chambers,
725 Riofrio Street, Mendota, California 93640, to
conduct the following business:

1. PUBLIC HEARING
TO REVIEW AND CONSIDER STATUS OF DEVELOPMENT AGREEMENT DEFAULT,

ENTITLEMENTS, AND
TERMINATION OF DEVELOPMENT AGREEMENT with ODYSSEY
AGRICULTURAL DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, and VALLEY AGRICULTURAL HOLDINGS,
LLC, regarding the construction and operation
of a cannabis cultivation,
processing, and distribution facility on approximately 36 acres (portion of APN 013-030-68ST)
located at 418 West Belmont Avenue, Mendota,
California 93640. At a
special meeting on February 19, 2025, the Planning Commission voted to recommend the City
Council consider termination of the development agreement.

FURTHER NOTICE IS

HEREBY GIVEN THAT,
on April 15, 2025, at 6:00
p.m., or as soon thereafter
as possible, the City Council of the City of Mendota
will hold a public hearing
at a regular meeting at
the Mendota City Council
Chambers, 725 Riofrio
Street, Mendota, California 93640, to conduct the
following business:

2. PUBLIC HEARING: ANNUAL REVIEW

OF PERFORMANCE
UNDER DEVELOPMENT AGREEMENT
with ODYSSEY AGRICULTURAL DEVELOPMENT, LLC, ODYSSEY AGRICULTURAL HOLDINGS, LLC, and
VALLEY AGRICULTURAL HOLDINGS, LLC, regarding the construction and operation of a cannabis cultivation, processing, and distribution facility on approximately
36 acres (portion of APN
013-030-68ST) located
at 418 West Belmont
Avenue, Mendota, California 93640.

All interested persons
are invited to appear at the
time and place specified
above to give testimony
regarding the proposed
PG 1
all in the year 20_____. I certify (or declare) under
penalty of perjury that the foregoing is true and
correct.

Dated at Kerman, California
this ___________________________
day of ___________________________, 20________

FIREBAUGH-MENDOTA JOURNAL
(and) THE MENDOTA TIMES
652 S. Madera Ave.

Kerman, CA 93630
Telephone: 559-846-6689
This space is for the County Clerk’s Filing Stamp
PROOF OF PUBLICATION Proof of Publication
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Fresno,
I am a citizen of the United States; I am over the age
of eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk of
the Firebaugh Mendota Journal and The Mendota
Times, a newspaper of general circulation, printed
and published weekly in the City of Kerman, County
of Fresno, and which newspaper has been adjudged a
newspaper of general circulation by the Superior Court
of the County of Fresno, State of California, under the date of 1949, Case Number 135831; that the notice,
of which the annexed is a printed copy (set in type
not smaller that nonpareil), has been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following date, to-wit:
25 2nd
April 25
April 2

CITY OF MENDOTA
725 RIOFRIO ST. DEFAULT
action(s) listed above. Written comments may be provided to the City of Mendota at 643 Quince Street, Mendota, California 93640,
or ccabrera@cityofmendota.com. Requests for information may be directed to the City Clerk, Celeste
Cabrera-Garcia, at (559)
655-3291 or ccabrera@
cityofmendota.com.

If you challenge the
above matter(s) in court,
you may be limited to raising only those issues you
or someone else raised
at the public hearing, or
in written correspondence
delivered to the City Council of the City of Mendota
at, or prior to, the public
hearing, or any comments
received during the public
review period of the associated entitlements.
1407:114c
PG 2
EXHIBIT EXHIBIT EXHIBIT EXHIBIT 1818121

CITYOF MENDOTA
ooCanttaloupe Center Of The World"

NOTICE OFADJOURNMENT
REGULAR CITY COI]NCIL MEETING OF THE CITY OF MENDOTA
TO ALL INTERESTED PERSONS, PLEASE TAKE NOTICE OF THE FOLLOWING:

By order of the City Clerk pursuant to Government Code section 54955, the regular meeting of the Mendota City Council originally scheduled for 6:00 p.m. onApril 15, 2025,has been adjoumed to the following date, time, and place:

DATE: MAY 6,2025
TIME: 6:00 P.M.

PLACE: 725 RIOFRIO STREET, MENDOTA, CA 93640
A copy of this Notice shall be posted and delivered in the same manner as for special meetings of the City Council, conspicuously posted on or near the door of the place where the adjourned meeting was held, within 24 hours of the time of adjoumment, and posted on the City's Intemet website.

Clerk
643 Quince Street Mendota, Calilornia 93640
Telephone: (559) 655-3291 Fax: (559) 655'4064
TDD/TTY 866-735-2919 (English) TDDffTY 866-833-4703 (Spanish) cityolmendota.com
The City ol Mendota is an equal opportunity prouider and employer EXHIBIT EXHIBIT EXHIBIT EXHIBIT 118121 9
Rural Roots, Justice for All
3747 E. Shields Avenue, Fresno, CA 93726 ∙ Phone: 559-441-8721 ∙ Fax: 559-441-0724 ∙ www.crla.org April 15, 2025 Submitted via email
Celeste Cabrera-Garcia Hunter Castro
City Clerk City Attorney
[email protected] [email protected]
RE: Hearing on Development Agreement with Odyssey Agricultural Development LLC To the Honorable Mayor and City Council of the City of Mendota:

California Rural Legal Assistance, Inc. (“CRLA”) represents Unidos por la Verdad (“Unidos”), a group of former employees of Odyssey Agricultural Development LLC (“Odyssey”). CRLA and members of Unidos plan on giving public comment at the April 15, 2025 hearing regarding the City of Mendota’s review of its Development Agreement with Odyssey. CRLA and Unidos take no position on the outcome of this hearing but look forward to the opportunity to be heard by the full City Council.

The purpose of this letter is to preview some issues which may be raised by Unidos at the hearing and to request that City officials take care to protect the safety and interests of all who wish to participate in this important public meeting. The unfortunate truth is that some members of Unidos have already been threatened for exercising their legal rights, in likely violation of the Ralph Civil Rights Act, Cal.

Civ. Code § 51.7, and Tom Bane Civil Rights Act, Cal. Civ. Code § 52.1. Nonetheless, the members of Unidos remain committed to sharing their experiences with Odyssey, including, but not limited to:
• Abusive and coercive working conditions, including verbal and physical threats of violence; • Supervisors carrying, displaying, and firing guns, including while under the influence of drugs; • Sexual harassment, discrimination, and retaliation;
• Health and safety violations, currently being investigated by the Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA; see Inspection No. 1794174.015); and
• Rampant wage theft, similar to that alleged in Flores et al. v. Odyssey Agricultural Development et al., Case No. 24CECG0005, filed by the law firm Mallison & Martinez in Fresno County Superior Court.

Honorable Mayor and City Council of the City of Mendota RE: Hearing on Development Agreement with Odyssey Agricultural Development LLC April 15, 2025

CRLA understands that the City of Mendota has played and will continue to play an important role in shaping the future of Odyssey’s business and employment relationships, e.g., through approving and enforcing land use entitlements, cannabis-related permits, conditional use permits, and development agreements. And CRLA and Unidos trust that the Honorable Mayor and City Council have taken and will continue to take appropriate steps to ensure Odyssey’s compliance with all applicable local, state, and federal laws and regulations, including the conditions outlined in Resolution No. PC 18-01. To that end, we respectfully request that members of the City Council pay close attention to the testimony of current or former Odyssey employees, and that City officials act with due diligence in their respective capacities to protect the safety and wellbeing of all Mendota residents and workers.

Thank you for your attention to this letter, and to all comments which may be given at the hearing.

Respectfully submitted,
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.

David Cremins
/s/ David Cremins
Staff Attorney
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: DISCUSSION AND CONSIDERATION OF PROPOSED CHANGES TO THE CITY OF MENDOTA’S FACILITY USE POLICY
DATE: MAY 6, 2025
ISSUE
Shall the City Council discuss and consider proposed changes to the City of Mendota’s Facility Use Policy.

BACKGROUND
On May 28, 2024, the City Council of the City of Mendota (“City”) adopted the City’s Facility Use Policy for City facilities, which is attached hereto to Exhibit “A”. On January 21, 2025, the City Council requested to revisit the provisions of the City’s Facility Use Policy.

ANALYSIS
During the February 4, 2025, regular City Council meeting, discussion was held on concerns regarding the City’s Facility Use Policy, and specifically, the Danny Trejo Soccer Field. The City Council directed staff to bring back potential solutions addressing the concerns that were discussed. Attached hereto as Exhibit “B” is a list of concerns regarding the City’s Facility Use Policy and Danny Trejo Soccer Field, as well as proposed solutions.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends that the City Council discuss and consider proposed changes to the City of Mendota’s Facility Use Policy.

Attachments:

1. Exhibit “A” – Facility Use Policy

2. Exhibit “B” – Potential Changes to City of Mendota’s Facility Use Policy

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.

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 8. PROCESS FOR OBTAINING A FACILITY USE PERMIT

8.1. Applying for a Facility Use Permit.

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.

Policy No. 24-02
8 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 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 Policy No. 24-02
9 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 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.

Policy No. 24-02
10 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.

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 Policy No. 24-02
11 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.

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:

Policy No. 24-02
12 • 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 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.

Policy No. 24-02
13 • 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 • 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

EXHIBIT B
Potential Changes to City of Mendotaìs Facility Use Policy (FUP) No. CONCERNS PROPOSED SOLUTIONS

1. Limit non-profit organizations’
monopolization of the soccer field.

Background:

Priority Group Classifications (“PGC”):

PGCs were intended to provide a priority
list to resolve conflicting Facility Use
Application (“FUA”) schedules at the
staff level.
• Eliminate PGCs:
o In the event of conflicting FUA schedules, the applications can be considered by the Recreation Commission (“Commission”). The Commission will determine a solution to the conflict.
o If a FUA applicant is not satisfied with the Commission’s determination, the applicant may appeal the decision to the City Council. The City Council’s determination would be final. • Proposed FUP Revisions:
o Eliminate Section 4 - Priority Group Classifications
o Modify of Section 5 - Facility Allocations
 Outline the process by which the Commission will evaluate and resolve conflicting FUAs. Should this include: (i) a revised PGC list (removing Group 3 or adding “youth” to Group 2’s definition, for example); or (ii) allow discretion based on applicants’ written or oral presentations?
 Outline the process by which applicants may appeal the decision of the Commission to the City Council.

2. Hourly restrictions on the use of the
soccer fields (currently five (5) hours)
are insufficient for applicants.
• Hourly use restrictions are influenced by various factors including, but not limited to, weather, maintenance, and usage. Increasing the hourly restriction to six (6) hours will allow another thirty (30) minutes for field set-up and thirty (30) minutes for field clean-up. • Proposed FUP Revisions:
o Modify Section 6.1.3 - Hourly Restrictions

3. Inability to water athletic facilities
when they are open to the public results
in additional damage to the fields.
• Once the second soccer field is ready for use, close each field an additional, alternating day during the week to allow for proper watering.

Potential Changes to City of Mendotaìs Facility Use Policy (FUP) o Example: The Danny Trejo Soccer Field would be closed on Fridays for watering and the new soccer field would remain open for use. On Saturdays, the new soccer field would be closed for watering, and the Danny Trejo Soccer Field would remain open for use. Fields would continuously alternate closures to allow for proper watering. • Proposed FUP Revisions:
o Modify Section 6.1.2.2 - Availability of Soccer Fields

4. Concerns regarding fees and insurance
costs for use of Athletic Facilities.

Concerns regarding Applicants
assigning or “subleasing” FUAs to
Illegitimate Representatives.

Background:

Previous FUA applicants requesting use
of the soccer field have shared with City
staff that they are not able to afford to pay
the City’s Facility Use fees and the cost of
the Liability Insurance that is required by
the City. Some have opted to cancel their
FUAs and use the field under another
organization that has an approved FUA
and pay them a lesser fee to “sublease”
the facility.

Previously, there have been instances
where FUA applicants are not present at
their approved facility while it is being
used by members of their league.

Members of their league state they are not
aware of the conditions of approval or
• Modify FUA fees for Athletic Facilities at an amount determined by the City Council. o City staff contacted neighboring cities to inquire about their facility use fees:
 City of Kerman: $85.00 per day and per field
 City of Firebaugh: $10.00 per day for lights (no fee for use of the field only)  City of Los Banos: $35.00 per hour and per field without lights and $50.00 per hour and per field with lights
 City of Madera: $12.50 per hour and per field without lights and $32.50 per hour and per field with lights with a 2-hour minimum. Additional fees include $25.00 Administrative Fee and $50.00 deposit per field.
 City of Coalinga: Private Use is $30.00 per hour and $200.00 per field preparation fee; Non-Profit Youth is $20.00 per hour and $200.00 per field preparation fee; and NonProfit Adult is $25.00 per hour and $200.00 per field preparation fee. Tournament Fees are $350.00 per day (Private Use); $230.00 per day (Non-Profit Youth); and $250.00 per day (Non-Profit Adult)
 City of San Joaquin: $83.00 per day (General Use); $55.00 per day or monthly fee (Youth Sports); $10.00 per hour for use of lights (Non-Youth Organization); $5.00 per hour for use of lights (Youth Organization)
 City of Huron: Unable to obtain information
Potential Changes to City of Mendotaìs Facility Use Policy (FUP) City FUPs, which results in damage to the
facilities and violations.
• Add a provision to the FUP prohibiting the unauthorized assignment/“subleasing” of a permit.

Unauthorized assignment of a permit will result in revocation of the permit. • Require applicants must specify/designate authorized representatives in their FUAs.

Applicants will be required to have at least one designated representative at the reserved facility for the entirety of their approved use. Designated representative(s) must ensure that the FUA conditions of approval are being met.
• Proposed FUP Revisions:
o Modify Section 9 – Conditions of Approval
o Modify Section 11.5 – Permit Cancellation
o Modify Exhibit “A” – Fee Schedule for Use of City of Mendota Athletic Fields

5. Underuse of Reserved Facilities.

Background:

Applicants with approved FUAs do not
use the requested Facilities on their
approved days/times, and do not notify
the City of the facility(ies) not being used.

This results in facility(ies) being unused
by any potentially interested applicants.
• Section 9.1.6 currently states a permit will be forfeited if the permittee fails to use the permit three (3) times after reserving facilities.
• Require applicants to notify the City, or their designated representative, no later than seventytwo (72) hours prior to the approved use if they will not be using the facility. Failure to notify the City will result in penalties. By requiring notification on a specific timeline, it will allow the City to offer the facilities to other applicants who filed FUAs with conflicting schedules.

Those applicants will be contacted in the order in which their FUAs were received. • Proposed FUP Revisions:
o Modify Section 9.1.6 – Compliance with Approved Dates/Times for Facility Use

6. Public is unaware of FUP provisions,
including availability of athletic fields.
• Translate the FUP to Spanish. The FUAs and permits are already translated to Spanish. • Create and install signs at Athletic Facilities with information summarizing general FUP rules, availability of facilities, and hours of operation.
• Create a Frequently Asked Questions list regarding the FUP. These FAQs can be translated to Spanish.

Potential Changes to City of Mendotaìs Facility Use Policy (FUP) • Create a page on the City’s website that lists all information regarding the FUP and FUA process.
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMEBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
VIA: WYATT CZESHINSKI, AICP, ASSISTANT CITY PLANNER
SUBJECT: 6TH CYCLE HOUSING ELEMENT PROGRAMS ZONING TEXT AMENDMENT DATE: MAY 6, 2025
ISSUE
Shall the City Council introduce and waive the first reading of Ordinance No. 25-01, adding Chapter 17.42 (Housing Element Implementation Overlay District) to the Mendota Municipal Code (MMC), and finding that such action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3)?

BACKGROUND
On October 1, 2024, the Mendota City Council adopted Resolution No. 24-53, approving a General Plan Amendment adopting the City of Mendota 2023-2031 6th Cycle Housing Element (Housing Element). The Housing Element commits the City to accommodating housing for all socioeconomic levels within the city through the implementation of certain programs contained in the Housing Element. Program 5 (Annexation for RHNA) and Program 7 (Use of Sites in Previous Cycles) commit the City to amending the MMC after adoption of the Housing Element.

The Mendota planning Commission, at its regularly scheduled meeting on April 22, 2025, adopted Resolution No. PC 25-01, recommending that the City Council adopts an ordinance amending the MMC to address the requirements of Program 5 and 7 of the City’s 6th Cycle Housing Element.

ANALYSIS
Program 5 of the Housing Element states that the City shall “modify the zoning ordinance such that [sites used in the sites inventory requiring annexation] will permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income”. Sites within the Housing Element subject to this requirement include Site 1 (Assessor’s Parcel Number [APN] 01305045S), Site 2 (APN 01306109S), Site 3 (APN 01305012S), and Site 4 (APN 01306109S).

Program 7 of the Housing Element states that for “any non-vacant sites identified in the prior 5th Cycle Housing Element or vacant sites identified in two or more consecutive planning periods [the City shall provide] by-right development when at least 20 percent of the units in the proposed development are affordable to lower-income households”. Sites within the Housing Element subject to this requirement include Site 1 (APN 01305045S), Site 2 (APN 01219056ST), Site 3 (APN 01305012S), Site 4 (APN 01306109S), and Site 6 (APN 01220028). 2 In response to the requirement to amend the MMC based on these two Housing Element programs, a Zoning Text Amendment has been proposed by staff. The amendment would add a new chapter to the MMC called the “Housing Element Implementation Overlay District”. This new chapter will specifically reference the requirements of the two programs described herein, of which the City Council has already committed to through adoption of the Housing Element. Codifying the requirements within the MMC will allow prospective developers to better access housing regulations established under the City’s Housing Element. Attachment 1, provided below, shows the sites inventory map included in the Housing Element, which shows the site numbers referenced above. The California Department of Housing and Community Development sent the City a letter on December 4, 2024, requesting a status update on the Zoning Text Amendment that the City committed to when it adopted the Housing Element (see Attachment 2). Should the City Council ultimately choose to not adopt the proposed Zoning Text Amendment, the City would risk falling out of compliance with State Housing Element Law.

ENVIRONMENTAL
The first step in complying with 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 activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and the amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700” as described in CEQA Guidelines Section 15378.

While amending the MMC qualifies as a “project” under CEQA, the project involves the addition of language to the MMC based on requirements of the adopted Housing Element and does not directly or indirectly approve any development. The project has no potential to result in a direct impact on the environment. As a result, because it can be seen with certainty that there is no potential for the project to impact the environment, the project is exempt from further environmental analysis pursuant to CEQA Guidelines Section 15061(b)(3). Therefore, the project is exempt under CEQA and a notice of exemption would be filed following project approval.

PUBLIC NOTICE
The introduction of Ordinance No. 25-01 does not require public notice. The second reading and public hearing for Ordinance No. 25-01 is scheduled for the May 20, 2025, City Council meeting and will be noticed as required by law.

FISCAL IMPACT
The proposed Zoning Text Amendment has been funded using general fund dollars for staff time in drafting the City Council materials and text changes. While the project has been funded through the general fund, non-compliance with State Housing Element Law (which would result without adoption of the proposed Zoning Text Amendment) would result in penalties to the City that would significantly affect the City’s ability to obtain grant funding in the future. 3 RECOMMENDATION
Staff recommend that the City Council introduce and waive the first reading of Ordinance No. 25- 01, amending Title 17 of the MMC and finding that such action is exempt from CEQA.

Attachments:

1. Sites Inventory Map

2. HCD Letter of Inquiry, December 4, 2024

3. Ordinance No. 25-01
Attachment 1: Sites Inventory Map
Attachment 2: HCD Letter of Inquiry, December 4, 2024
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Ste. 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
December 4, 2024
Cristian Gonzalez, City Manager
City of Mendota
643 Quince Street
Mendota, CA 93640
RE: 6th Cycle Housing Element Update Rezone Requirements – Letter of Inquiry Dear Cristian Gonzalez:

The purpose of this letter is to inquire about the status of the City of Mendota’s (City) 6th Cycle Housing Element Implementation Program related to sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Government Code section 65585, subdivision (i). The California Department of Housing and Community Development (HCD) sent the City a letter on October 25, 2024 finding the City’s housing element in substantial compliance with Housing Element Law.1 This was based on, among other reasons, the City’s commitment to complete Program 5 (Annexation for RHNA) to address the RHNA shortfall of capacity and Program 7 (Use of Sites in Previous Cycles) to allow by-right processing of sites identified in previous housing elements pursuant to Government Code section 65583.2, subdivision (c) by December 31, 2024. HCD requests that the City provide an update on the status and timeline of implementation for Programs 5 and 7 by January 3, 2025.

Rezoning Requirements
Pursuant to Government Code section 65588, subdivision (e)(4)(C) if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023), then any rezoning to make sites available to accommodate the RHNA shall be completed no later than one year from the statutory deadline.
2 As the City did not adopt a compliant housing element within 120 days of the statutory deadline, Programs 5 and 7 must be completed no later than one year from the statutory deadline.

Consequences of Failure to Implement Programs 5 and 7
1 Gov. Code, § 65580 et seq.
2 Gov. Code, §§ 65583, subd. (c), 65583.2, subd. (c).

Cristian Gonzalez, City Manager

Government Code section 65585, subdivision (i), grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or Housing Element Law. This includes failure to implement program actions included in the housing element. Failure to implement rezone actions in Programs 5 and 7 by the statutory deadline means the City’s housing element will no longer substantially comply with Housing Element Law, and HCD may revoke its finding of substantial compliance.

Various consequences may apply if the City does not have a housing element in compliance with Housing Element Law, including ineligibility or delay in receiving certain state funds, referral to the California Office of the Attorney General, court-imposed financial penalties, the loss of local land use authority to a court-appointed agent, and the application of the “builder’s remedy.”3
Conclusion
Housing elements are essential to developing a blueprint for growth and are a vital tool to address California’s prolonged housing crisis. Accordingly, state law has established clear disincentives for local jurisdictions that fail to comply with Housing Element Law.

To ensure the City continues to meet the 6th cycle update requirements for a substantially compliant housing element, the City must submit any adopted rezones and accompanying resolutions to HCD for review.
4 HCD will consider any written response before taking further action authorized by Government Code section 65585, subdivision (i), including issuance of a Corrective Action Letter and removal of HCD’s finding of housing element compliance.

HCD looks forward to receiving your written response to this inquiry. If you have any questions or would like to discuss the content of this letter, please contact Reid Miller from our staff at [email protected].

Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Division of Housing Policy Development
3 Gov. Code, §§ 65585, subds. (j), (l)(1), (i); 65589.5, subd. (d)(5). 4 Gov. Code, § 65585.

Attachment 3: Ordinance No. 25-01
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
ORDINANCE NO. 25-01

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MENDOTA AMENDING TITLE 17 OF THE MENDOTA MUNICIPAL CODE TO ADD CHAPTER 17.42 – HOUSING

ELEMENT IMPLEMENTATION OVERLAY DISTRICT
WHEREAS, on October 1, 2024, the City of Mendota adopted the City of Mendota 6th Cycle Housing Element (Housing Element); and
WHEREAS, programs included in the Housing Element commit the City to certain actions which would help ensure the continued availability of housing for all socioeconomic levels within the city; and
WHEREAS, Program 5 of the Housing Element requires that sites identified in the Housing Element sites inventory which require future annexation permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households; and
WHEREAS, Program 7 of the Housing Element requires that any non-vacant sites identified in both the 5th Cycle Housing Element and the Housing Element be provided by right development when at least 20 percent of the units in the proposed development are affordable to lower-income households; and
WHEREAS, staff have proposed a Zoning Text Amendment to the Mendota Municipal Code to add Chapter 17.42, “Housing Element Implementation Overlay District”, which will codify the requirements of Program 5 and Program 7 of the adopted Housing Element; and
WHEREAS, adoption of the proposed Zoning Text Amendment will ensure the City’s continued compliance with State Housing Element Law; and WHEREAS, the City has determined that the Zoning Text Amendment is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3), and that no additional environmental analysis is required; and
WHEREAS, at a regular meeting on April 22, 2025, the Mendota Planning Commission conducted a public hearing and recommended that the City Council approves the proposed Zoning Text Amendment and finds that such action is exempt from CEQA; and

2 WHEREAS, the City Council has reviewed and considered the staff report, CEQA exemption, and all evidence presented at the City Council’s regular meeting on May 20, 2025, including oral and written public testimony on the Zoning Text Amendment and the CEQA exemption, and which is herein incorporated by reference; and NOW THEREFORE, the City Council of the City of Mendota does ordain as follows:

Section 1. Title 17 of the Mendota Municipal Code is hereby amended, adding Chapter

17.42, to read as follows:

Chapter 17.42 – Housing Element Implementation Overlay District

17.42.010 – Purposes.

The Housing Element Implementation Overlay District is intended to implement Program 5 and Program 7 of the City’s 6th Cycle Housing Element, adopted on October 1, 2024.

17.42.020 – Applicability
The Housing Element Implementation Overlay District shall apply to Site 1, Site, 2, Site 3, Site 4, and Site 6 of the 6th Cycle Housing Element’s sites inventory, as depicted on Figure 1I-1 of the 6th Cycle Housing Element Housing Element. The Assessor’s Parcel Numbers of each of the aforementioned sites as of October 1, 2024, were as follows:

A. Site 1: 01305045S
B. Site 2: 01219056ST
C. Site 3: 01305012S
D. Site 4: 01306109S
E. Site 6: 01220028

17.42.030 – Development Requirements
The following developments requirements shall apply to the sites as listed below and as applicable:

A. Site 1, Site 2, Site 3, and Site 4, as described in Section 17.42.020, shall allow owner-occupied and rental multifamily uses by right for development sin which twenty percent (20%) or more of the units are affordable to lower income households.

B. Site 1, Site, 2, Site 3, Site 4, and Site 6, as described in Section

17.42.020, shall allow by right development when at least twenty percent (20%) of units proposed within a development are affordable to lower income households.
3 C. Sites developed within the Housing Element Implementation Overlay District shall comply with all adopted objective development standards.

D. Sites located within the Housing Element Implementation Overlay District shall be developed as with a residential land use.

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.
4 * * * * * * * * * *
The foregoing ordinance was introduced on the 6th day of May, 2025, and duly passed and adopted by the City Council of the City of Mendota at a regular meeting thereof held on the 20th day of May, 2025, and its amendments are made retroactively effective as of the effective date of Ordinance No. 25-01, 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
Animal Control
Monthly Log
March 2025

ADDRESS TYPE DATE BREED/DESCRIPTION SEX OWNER IMPOUND Y/N DOG DISPOSITION CASE DISPOSITION OFFENSE FINE REASON OFFICER TUFT/DERRICK AVE ANIMAL COMPLAINT 3/4/2025 CAT UNK NONE NO DEAD CAT NECESSARY ACTION TAKEN 0 $0.00 DEAD CAT ACOSTA 1000 AIRPORT BLVD LOST & FOUND 3/4/2025 CHIUAHA UNK NO REALSE ANIMAL NECESSARY ACTION TAKEN 1 $0.00 LOST & FOUND ACOSTA CASTRO/GONZALEZ ST ANIMAL COMPLAINT 3/6/2025 BOXER UNK NO AT LARGE CITATION 2 $100.00 AT LARGE ACOSTA 901 AIRPORT BLVD ANIMAL COMPLAINT 3/6/2025 4 LARGE DOGS UNK ON AT LARGE NECESSARY ACTION TAKEN 8 $0.00 AT LARGE ACOSTA 1000 AIRPORT BLVD LOST & FOUND 3/13/2025 1 CHIA/MIX UNK YES SURRENDERD NECESSARY ACTION TAKEN 1 $0.00 SURRENDERD ACOSTA 1100 2ND ST ANIMAL COMPLAINT 3/14/2025 1 CHIA/MIX UNK NONE YES DEAD DOG NECESSARY ACTION TAKEN 0 $0.00 DEAD DOG ACOSTA 419 L ST ANIMAL COMPLAINT 3/14/2025 DOBERMAN UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 2 $0.00 AT LARGE ACOSTA 1100 2ND ST ANIMAL COMPLAINT 3/14/2025 GERMAN SHEPARD UNK NONE YES DEAD DOG NECESSARY ACTION TAKEN 0 $0.00 DEAD DOG ACOSTA 691 LOZANO ST ANIMAL COMPLAINT 3/16/2025 PITBULL/MIX UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 409 MENDOZA CT ANIMAL COMPLAINT 3/18/2025 WEENIER/MIX UNK NONE YES AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA DERRICK/BELMONT ANIMAL COMPLAINT 3/18/2025 GERMAN SHEPARD UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA QUINCE/10TH ANIMAL COMPLAINT 3/18/2025 CHOW UNK NONE YES DEAD DOG NECESSARY ACTION TAKEN 0 $0.00 DEAD DOG ACOSTA PUCHEU/BELMONT ANIMAL COMPLAINT 3/19/2025 GERMAN SHEPARD UNK NO AT LARGE NECESSARY ACTION TAKEN 2 $0.00 AT LARGE ACOSTA 1648 5TH ST ANIMAL COMPLAINT 3/19/2025 DEAD CAT UNK NONE YES DEAD CAT NECESSARY ACTION TAKEN 0 $0.00 DEAD CAT ACOSTA 561 TULE ST ANIMAL COMPLAINT 3/20/2025 2 HUSKIES UNK NONE YES AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA OLLER/11 TH ST ANIMAL COMPLAINT 3/20/2025 1 CHIA/MIX UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 350 SORNSEN AVE ANIMAL COMPLAINT 3/21/2025 LAB UNK NO AT LARGE WARNING 1 $0.00 AT LARGE ACOSTA 902 RIOFRIO/JENNINGS ST ANIMAL COMPLAINT 3/21/2025 CHIUAHA UNK NONE YES AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 1000 AIRPORT BLVD LOST & FOUND 3/21/2025 CHIUAHA UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 0 $0.00 AT LARGE ACOSTA 819 STAMOULES ST ANIMAL COMPLAINT 3/24/2025 DEAD CAT UNK NONE YES DEAD CAT NECESSARY ACTION TAKEN 0 $0.00 DEAD CAT ACOSTA 1055 QUINCE ST ANIMAL COMPLAINT 3/24/2025 DEAD CAT UNK NONE YES DEAD CAT NECESSARY ACTION TAKEN 0 $0.00 DEAD CAT ACOSTA 212 LUA AVE ANIMAL COMPLAINT 3/24/2025 2 PUPIES UNK NONE YES AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 1258 BELMONT AVE ANIMAL COMPLAINT 3/25/2025 1 PITBULL UNK NONE YES AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 1225 OLLER ST ANIMAL COMPLAINT 3/25/2025 1 PIT/MIX UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 7TH/STAMOULES ANIMAL COMPLAINT 3/26/2025 1 LAB UNK NONE NO AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 683 LOZANO ANIMAL COMPLAINT 3/26/2025 1 POODLE/YORKI UNK YES AT LARGE CITATION 2 $260.00 AT LARGE ACOSTA DIVISADERO/I ST LOST & FOUND 3/27/2025 2 CHIUAHA UNK NONE YES AT LARGE NECESSARY ACTION TAKEN 1 $0.00 AT LARGE ACOSTA 273 MARIE ST ANIMAL COMPLAINT 3/27/2025 LAB UNK NO AT LARGE WARNING 1 $0.00 AT LARGE ACOSTA 685 LOZANO ST LOST & FOUND 3/27/2025 SHITSU/MIX UNK NO AT LARGE NECESSARY ACTION TAKEN 2 $0.00 RETURNED ACOSTA 285 I ST ANIMAL COMPLAINT 3/27/2025 DEAD CAT UNK NONE YES DEAD CAT NECESSARY ACTION TAKEN 0 $0.00 DEAD CAT ACOSTA RESCUED: 3 TOTAL: $200.00 $360.00
SLEEP: 14
RETURNED TO OWNER: 6
AT DOG POUND: 19
Code Enforcement
Monthly Log
March 2025
ADDRESS TYPE OF CASE 1ST NOTICE DEADLINE STATUS FINE AMOUNT OFFICER 4TH/L ST CHECK WELFARE 3/1/2025 N/A TURNED OVER TO EMS $0.00 ACOSTA 1000 AIRPORT LOBBY TRAFIC 3/3/2025 N/A NECESSARY ACTION TAKEN $0.00 ACOSTA 7TH/TULE MUNICODE VIOLATION 3/3/2025 N/A WARNING $0.00 ACOSTA STAMOULES/8TH VEHICLE CHECK 3/3/2025 N/A WARNING $0.00 ACOSTA 7TH/LOLITA VEHICLE CHECK 3/4/2025 N/A CITATION $275.00 ACOSTA 690 OLLER ST VEHICLE CHECK 3/4/2025 N/A WARNING $0.00 ACOSTA BLACK/SORENSEN ST VEHICLE CHECK 3/5/2025 N/A TAGGED $0.00 ACOSTA NAPLES/2ND ST VEHICLE CHECK 3/6/2025 N/A CITATION $90.00 ACOSTA NAPLES/2ND ST VEHICLE CHECK 3/7/2025 N/A NECESSARY ACTION TAKEN $0.00 ACOSTA 690 OLLER ST VEHICLE CHECK 3/9/2025 N/A CITATION $275.00 ACOSTA 690 OLLER ST VEHICLE CHECK 3/9/2025 N/A WARNING $0.00 ACOSTA 1267 OLLER ST VEHICLE CHECK 3/10/2025 N/A CITATION $275.00 ACOSTA 617 GARCIA ST VEHICLE CHECK 3/10/2025 N/A CHECKS OK $0.00 ACOSTA MARIE/9TH ST VEHICLE CHECK 3/14/2025 N/A WARNING $0.00 ACOSTA 1000 AIRPORT LOBBY TRAFIC 3/14/2025 N/A NECESSARY ACTION TAKEN $0.00 ACOSTA 800 GARCIA ST VEHICLE CHECK 3/16/2025 N/A CHECKS OK $0.00 ACOSTA 690 OLLER ST VEHICLE CHECK 3/16/2025 N/A CITATION $275.00 ACOSTA 690 OLLER ST VEHICLE CHECK 3/16/2025 N/A WARNING $0.00 ACOSTA 700 DERRICK AVE VEHICLE CHECK 3/16/2025 N/A CHECKS OK $0.00 ACOSTA 609 4TH ST VEHICLE NUISANCE 3/19/2025 N/A NECESSARY ACTION TAKEN $0.00 ACOSTA BASS/2ND ST MUNICODE VIOLATION 3/19/2025 N/A WARNING $0.00 ACOSTA 736 TULE ST MUNICODE VIOLATION 3/20/2025 N/A WARNING $0.00 ACOSTA NAPLES/2ND ST VEHICLE CHECK 3/20/2025 N/A CITATION $50.00 ACOSTA 1816 5TH ST VEHICLE NUISANCE 3/20/2025 N/A CHECKS OK $0.00 ACOSTA 700 DERRICK AVE MUNICODE VIOLATION 3/20/2025 N/A WARNING $0.00 ACOSTA I ST/J ST VEHICLE CHECK 3/20/2025 N/A CITATION $40.00 ACOSTA 1096 PUCHEU ST VEHICLE NUISANCE 3/21/2025 N/A CITATION $40.00 ACOSTA BASS/2ND ST VEHICLE CHECK 3/22/2025 N/A TAGGED $0.00 ACOSTA NAPLES/2ND ST VEHICLE CHECK 3/24/2025 N/A TAGGED $0.00 ACOSTA 573 TULE ST MUNICODE VIOLATION 3/25/2025 N/A WARNING $0.00 ACOSTA 1000 AIRPORT LOBBY TRAFIC 3/27/2025 N/A CITATION $250.00 ACOSTA 121 BARBOZA VEHICLE CHECK 3/27/2025 N/A WARNING $0.00 ACOSTA 1766 9TH ST VEHICLE CHECK 3/27/2025 N/A CITATION $50.00 ACOSTA TOTAL: $1,620.00

MENDOTA POLICE DEPARTMENT
MARCH 2025
CASE# ADDRESS RPT DATE DAYS ARREST CRIME TYPE CHARGES
250000485.1 497 OLLER ST 3/1/2025 Sat YES RESISTING PC 148A1 250000486.1 223 LUA AV 3/1/2025 Sat NO REPOSSESSION
250000487.1 BELMONT AV & DERRICK AV 3/1/2025 Sat NO KIDNAPPING PC 207, PC 236 250000488.1 225 MARIE ST 3/1/2025 Sat NO INCIDENT REPORT 250000489.1 9TH ST 7 PUCHEU ST 3/1/2025 Sat NO FIELD INTERVIEW 250000492.1 997 QUINCE ST 3/1/2025 Sat NO MENTALLY UNSTABLE WI 5150 250000493.1 5TH ST & OLLER ST 3/1/2025 Sat YES DUI ARREST VC 23152 250000494.1 543 STAMOULES ST 3/2/2025 Sun NO INCIDENT REPORT 250000495.1 730 STAMOULES ST 3/2/2025 Sun NO FOUND PROPERTY 250000496.1 638 N JUANITA ST 3/2/2025 Sun NO INCIDENT REPORT 250000497.1 9TH ST & MARIE ST 3/3/2025 Mon YES WARRANT ARREST PC 978.5 250000499.1 7TH ST & STAMOULES ST 3/3/2025 Mon YES OPEN CONTAINER BP 25620 250000502.1 BELMONT AV & PUCHEU ST 3/3/2025 Mon NO FIELD INTERVIEW 250000503.1 500 N KATE ST 3/3/2025 Mon YES NARCOTICS VIOLATION HS 11364 250000506.1 1883 7TH ST 3/4/2025 Tue YES PUBLIC INTOXICATION PC 647F 250000508.1 10TH ST & PUCHEU ST 3/4/2025 Tue NO FIELD INTERVIEW 250000509.1 695 LOZANO ST 3/4/2025 Tue NO OTHER AGENCY ASSIST 250000512.1 350 SORENSEN AV 3/4/2025 Tue NO VANDALISM PC 594 250000514.1 319 L ST 3/4/2025 Tue NO INCIDENT REPORT
250000515.1 638 JUANITA ST 3/5/2025 Wed YES WARRANT ARREST PC 978.5 250000516.1 550 DERRICK AV #20 3/6/2025 Thu NO INCIDENT REPORT 250000518.1 121 RAMIREZ AV 3/6/2025 Thu NO SIMPLE ASSAULT PC 242 250000520.1 202 I ST #25 3/7/2025 Fri NO RUNAWAY JUVENILE 250000521.1 1000 AIRPORT BLVD 3/7/2025 Fri NO INCIDENT REPORT 250000522.1 200 DERRICK AV 3/7/2025 Fri NO INCIDENT REPORT 250000524.1 350 SORENSEN AV 3/7/2025 Fri NO VANDALISM PC 594 250000526.1 30 GURROLA ST 3/8/2025 Sat YES GRAND THEFT AUTO VC 10851, VC 2800.2A 250000527.1 51 VERA CIR 3/8/2025 Sat NO VANDALISM PC 594 250000528.1 GONZALEZ ST & VERA CIR 3/8/2025 Sat YES ATTEMPT CARJACK PC 664 / 215 250000529.1 517 J ST 3/8/2025 Sat YES RESISTING PC 148A1 250000530.1 1417 3RD ST 3/8/2025 Sat YES SIMPLE ASSAULT PC 242 250000531.1 867 OLLER ST 3/8/2025 Sat YES NARCOTICS VIOLATION HS 11364 250000532.1 1076 6TH ST #B 3/9/2025 Sun NO VANDALISM PC 594B1 250000533.1 1266 7TH ST #8 3/9/2025 Sun NO GRAND THEFT AUTO VC 10851, VC 2800.2A 250000534.1 1000 AIRPORT BLVD 3/9/2025 Sun NO LOST PROPERTY 250000535.1 2ND ST & BASS AV 3/9/2025 Sun YES DUI ARREST VC 23152 250000536.1 1074 PUCHEU ST 3/9/2025 Sun NO INCIDENT REPORT DV REL 250000537.1 7TH ST & LOLITA ST 3/9/2025 Sun NO ANIMAL COMPLAINT 250000538.1 1648 10TH ST 3/9/2025 Sun YES REPOSSESSION
250000539.1 8TH ST & PUCHEU ST 3/10/2025 Mon NO FIELD INTERVIEW 250000540.1 901 AIRPORT BLVD 3/10/2025 Mon YES WARRANT ARREST PC 978.5 250000541.1 617 GARCIA ST 3/10/2025 Mon YES WARRANT ARREST PC 978.5 250000542.1 520 DIVISADERO ST 3/10/2025 Mon NO VANDALISM PC 594 250000544.1 457 DERRICK AV 3/10/2025 Mon NO COMMERCIAL BURGLARY PC 459 250000548.1 1840 7TH ST 3/10/2025 Mon NO FIELD INTERVIEW 250000551.1 BLANCO ST & LOZANO ST 3/11/2025 Tue YES GRAND THEFT AUTO VC 10851, PC 496D, PC 12022.1 250000552.1 9TH ST & MARIE ST 3/11/2025 Tue YES PUBLIC INTOXICATION PC 647F 250000556.1 7TH ST & STAMOULES ST 3/12/2025 Wed YES WARRANT ARREST PC 978.5 250000557.1 190 TUFT ST 3/12/2025 Wed NO INCIDENT REPORT 250000558.1 631 JUANITA ST 3/12/2025 Wed NO FIELD INTERVIEW 250000559.1 1000 AIRPORT BLVD 3/12/2025 Wed YES SEX OFFENSE PC 288, PC 647.6

MENDOTA POLICE DEPARTMENT
MARCH 2025
CASE# ADDRESS RPT DATE DAYS ARREST CRIME TYPE CHARGES
250000560.1 800 GARCIA ST 3/12/2025 Wed NO REPOSSESSION 250000561.1 629 DELA CRUZ ST 3/12/2025 Wed NO FIELD INTERVIEW 250000563.1 4TH ST & PUCHEU ST 3/13/2025 Thu NO HIT & RUN VC 20002 250000569.1 1258 BELMONT AV 3/13/2025 Thu NO INCIDENT REPORT 250000575.1 323 RIOS ST 3/13/2025 Thu NO VEHICLE BURGLARY PC 459 250000579.1 1000 AIRPORT BLVD 3/13/2025 Thu NO INCIDENT REPORT 250000583.1 684 NAPLE ST 3/13/2025 Thu YES PUBLIC INTOXICATION PC 647F 250000584.1 DERRICK AV & SMOOT AV 3/13/2025 Thu YES WARRANT ARREST PC 978.5 250000585.1 180 HWY & BELMONT AV 3/13/2025 Thu NO GRAND THEFT PC 487 250000586.1 867 OLLER ST 3/14/2025 Fri NO FIELD INTERVIEW 250000587.1 666 NAPLES ST 3/14/2025 Fri YES PUBLIC INTOXICATION PC 647F 250000588.1 918 OLLER ST 3/15/2025 Sat NO FIELD INTERVIEW 250000590.1 585 J ST 3/15/2025 Sat NO MISSING PERSON
250000593.1 523 CANTU ST 3/16/2025 Sun NO INCIDENT REPORT 250000594.1 901 MARIE ST 3/16/2025 Sun YES NARCOTICS VIOLATION HS 11364, HS 11377 250000597.1 1000 AIRPORT BLVD 3/16/2025 Sun NO CANCELLED 250000598.1 10TH ST & OLLER ST 3/17/2025 Mon YES DUI ARREST VC 23152 250000599.1 1000 AIRPORT BLVD 3/17/2025 Mon NO TAMPERING VC 10852 250000600.1 BARBOZA ST & PEREZ ST 3/17/2025 Mon YES OPEN CONTAINER BP 25620 250000601.1 119 BARBOZA ST 3/17/2025 Mon NO INCIDENT REPORT 250000602.1 5TH ST & OLLER ST 3/17/2025 Mon YES OPEN CONTAINER BP 25620 250000603.1 6TH ST & OLLER ST 3/17/2025 Mon NO ARSON PC 451 250000604.1 1891 8TH ST 3/17/2025 Mon NO SIMPLE ASSAULT PC 242 250000605.1 1840 7TH ST 3/17/2025 Mon YES NARCOTICS VIOLATION HS 11377 250000606.1 8TH ST & NAPLES ST 3/17/2025 Mon YES PUBLIC INTOXICATION PC 647F 250000607.1 840 S KATE ST 3/18/2025 Tue NO GRAND THEFT AUTO VC 10851 250000609.1 1161 OLLER ST 3/18/2025 Tue NO INCIDENT REPORT 250000611.1 114 BARBOZA ST 3/18/2025 Tue NO TRAFFIC COLLISION 250000613.1 9TH ST & MARIE ST 3/18/2025 Tue YES SUSPENDED LICENSE VC 14601 250000614.1 221 LUA AV 3/18/2025 Tue NO FIELD INTERVIEW 250000617.1 617 GARCIA ST 3/19/2025 Wed YES PAROLE VIOLATION PC 3056, PC 166A4 250000618.1 1258 BELMONT AV 3/19/2025 Wed NO INCIDENT REPORT 250000623.1 350 SORENSEN AV 3/19/2025 Wed NO VANDALISM PC 594 250000624.1 7TH ST & QUINCE ST 3/19/2025 Wed NO FIELD INTERVIEW 250000625.1 1000 AIRPORT BLVD 3/20/2025 Thu NO RO VIOLATION PC 166A4 250000626.1 1258 BELMONT AV 3/20/2025 Thu YES WEAPONS POSSESSION (KNIFE) PC 626.10A1 250000628.1 791 LOLITA ST 3/20/2025 Thu YES PUBLIC INTOXICATION PC 647F 250000629.1 691 INEZ ST 3/21/2025 Fri NO VEHICLE BURGLARY PC 459 250000633.1 1000 AIRPORT BLVD 3/21/2025 Fri NO ANIMAL COMPLAINT 250000634.1 8TH ST & STAMOULES ST 3/21/2025 Fri NO FIELD INTERVIEW 250000636.1 818 QUINCE ST 3/22/2025 Sat NO COMMERCIAL BURGLARY PC 459 250000637.1 180 FWY & SAN BENITO AV 3/22/2025 Sat NO FIELD INTERVIEW 250000638.1 206 L ST 3/22/2025 Sat YES AGGRAVATED ASSAULT PC 245A1 250000640.1 715 OLLER ST 3/22/2025 Sat NO INCIDENT REPORT 250000641.1 1248 OLLER ST 3/23/2025 Sun NO INCIDENT REPORT 250000642.1 570 DIVSADERO ST 3/23/2025 Sun NO GRAND THEFT AUTO VC 10851 250000644.1 7TH ST & STAMOULES ST 3/23/2025 Sun YES WARRANT ARREST PC 978.5 250000645.1 779 UNIDA ST 3/23/2025 Sun YES AGGRAVATED ASSAULT PC 69, PC 273AA, PC 243B 250000648.1 ROWE AV & BLACK AV 3/24/2025 Mon NO HIT & RUN VC 20002 250000649.1 9TH ST & OLLER ST 3/24/2025 Mon YES WARRANT ARREST PC 978.5 250000650.1 1282 BELMONT AV 3/24/2025 Mon NO RAPE PC 261.5

MENDOTA POLICE DEPARTMENT
MARCH 2025
CASE# ADDRESS RPT DATE DAYS ARREST CRIME TYPE CHARGES
250000651.1 3123 BASS AV 3/24/2025 Mon NO INCIDENT REPORT 250000656.1 1078 PUCHEU ST 3/24/2025 Mon NO INCIDENT REPORT 250000660.1 211 SMOOT AVE 3/25/2025 Tue NO SIMPLE ASSAULT PC 242 250000663.1 901 MARIE ST 3/25/2025 Tue NO INCIDENT REPORT 250000667.1 200 DERRICK AV 3/25/2025 Tue NO FIELD INTERVIEW 250000668.1 640 GARCIA ST 3/25/2025 Tue NO INCIDENT REPORT 250000671.1 1258 BELMONT AV 3/26/2025 Wed NO INCIDENT REPORT 250000672.1 503 I ST 3/26/2025 Wed NO VANDALISM PC 594
250000673.1 1929 JENNINGS ST 3/26/2025 Wed NO INCIDENT REPORT 250000674.1 SMOOT AV & SORENSEN AV 3/26/2025 Wed NO TRAFFIC COLLISION 250000675.1 439 SILVA ST 3/26/2025 Wed YES SIMPLE ASSAULT PC 242 250000676.1 350 SORENSEN AV 3/26/2025 Wed NO SIMPLE ASSAULT PC 242 250000677.1 528 J ST 3/27/2025 Thu NO VANDALISM PC 594B1 250000678.1 9TH ST & MARIE ST 3/27/2025 Thu NO PETTY THEFT PC 484 250000679.1 103 KATE CT 3/27/2025 Thu NO VANDALISM PC 594B2 250000680.1 4TH ST & NAPLES ST 3/27/2025 Thu YES NARCOTICS VIOLATION HS 11377 250000681.1 760 LOLITA ST 3/27/2025 Thu YES WARRANT ARREST PC 978.5 250000682.1 608 JUANITA ST 3/27/2025 Thu NO VANDALISM PC 594B1 250000683.1 608 JUANITA ST 3/27/2025 Thu NO VANDALISM PC 594B1 250000684.1 528 J ST 3/27/2025 Thu NO MENTALLY UNSTABLE WI 5150 250000685.1 618 JUANITA ST 3/27/2025 Thu NO VANDALISM PC 594B1 250000686.1 1591 11TH ST 3/27/2025 Thu NO INCIDENT REPORT 250000687.1 1000 AIRPORT BLVD 3/27/2025 Thu NO FOUND PROPERTY 250000688.1 1000 AIRPORT BLVD 3/27/2025 Thu NO CANCELLED 250000689.1 600 DELA CRUZ ST 3/27/2025 Thu NO INCIDENT REPORT 250000691.1 9TH ST & OLLER ST 3/28/2025 Fri YES NARCOTICS VIOLATION HS 11377 250000694.1 1266 5TH ST 3/28/2025 Fri NO ANIMAL COMPLAINT 250000695.1 647 PEREZ ST 3/28/2025 Fri YES NARCOTICS VIOLATION HS 11364, HS 11377 250000696.1 200 DERRICK AV 3/28/2025 Fri NO RESIDENTIAL BURGLARY PC 460, PC 594 250000697.1 202 I ST #125 3/28/2025 Fri YES TRESPASS PC 602, PC 647H, PC 978.5 250000698.1 8TH ST & QUINCE ST 3/29/2025 Sat NO FIELD INTERVIEW 250000699.1 1000 AIRPORT BLVD 3/29/2025 Sat YES WARRANT ARREST PC 978.5 250000701.1 HWY 33 & BASS AV 3/29/2025 Sat YES NARCOTICS VIOLATION HS 11350, PC 148.9A 250000702.1 797 UNIDA ST 3/29/2025 Sat YES AGGRAVATED ASSAULT (DV) PC 273.5 250000703.1 1248 OLLER ST 3/29/2025 Sat YES AGGRAVATED ASSAULT (DV) PC 273.5 250000704.1 64 DIAZ ST 3/29/2025 Sat NO VANDALISM PC 594 250000705.1 218 LUA AV 3/29/2025 Sat NO VANDALISM PC 594 250000706.1 7TH ST & OLLER ST 3/30/2025 Sun YES NARCOTICS VIOLATION HS 11377, HS 11364 250000707.1 313 MARIE ST 3/30/2025 Sun NO GRAND THEFT AUTO VC 10851 250000708.1 265 TUFT ST #A 3/30/2025 Sun NO INCIDENT REPORT 250000709.1 1575 2ND ST 3/30/2025 Sun NO VANDALISM PC 594 250000710.1 218 OLLER ST 3/30/2025 Sun NO VANDALISM PC 594 250000712.1 672 NAPLES ST 3/30/2025 Sun NO FIELD INTERVIEW 250000713.1 672 NAPLES ST 3/30/2025 Sun NO FIELD INTERVIEW 250000715.1 WHITESBRIDGE AV & SAN MATEO AV 3/30/2025 Sun YES DUI ARREST VC 23152 250000716.1 1000 AIRPORT BLVD 3/30/2025 Sun NO FOUND PROPERTY 250000718.1 103 KATE CT 3/30/2025 Sun YES NARCOTICS VIOLATION HS 11364 250000719.1 4TH ST & K ST 3/31/2025 Mon YES PROBATION VIOLATION WIC 602A, PC 1203.2, HS 11350 250000720.1 10TH ST & OLLER ST 3/31/2025 Mon YES SUSPENDED LICENSE VC 14601.1 250000721.1 7TH ST & LOLITA ST 3/31/2025 Mon YES NARCOTICS VIOLATION HS 11364 250000722.1 748 QUINCE ST 3/31/2025 Mon NO FIELD INTERVIEW

ALL CRIMES

MENDOTA POLICE DEPARTMENT
MARCH 2025 - MAP
® ®

MENDOTA POLICE DEPARTMENT
MARCH 2025
CRIME TYPE Sun Mon Tue Wed Thu Fri Sat Grand Total
AGGRAVATED ASSAULT 1 1 2
AGGRAVATED ASSAULT (DV) 2 2
ANIMAL COMPLAINT 1 2 3
ARSON 1 1
ATTEMPT CARJACK 1 1
CANCELLED 1 1 2
COMMERCIAL BURGLARY 1 1 2
DUI ARREST 2 1 1 4
FIELD INTERVIEW 2 4 3 3 2 4 18
FOUND PROPERTY 2 1 3
GRAND THEFT 1 1
GRAND THEFT AUTO 3 2 1 6
HIT & RUN 1 1 2
INCIDENT REPORT 6 3 4 4 5 2 2 26
KIDNAPPING 1 1
LOST PROPERTY 1 1
MENTALLY UNSTABLE 1 1 2
MISSING PERSON 1 1
NARCOTICS VIOLATION 3 3 1 2 2 11
OPEN CONTAINER 3 3
OTHER AGENCY ASSIST 1 1
PAROLE VIOLATION 1 1
PETTY THEFT 1 1
PROBATION VIOLATION 1 1
PUBLIC INTOXICATION 1 2 2 1 6
RAPE 1 1
REPOSSESSION 1 1 1 3
RESIDENTIAL BURGLARY 1 1
RESISTING 2 2
RO VIOLATION 1 1
RUNAWAY JUVENILE 1 1
SEX OFFENSE 1 1
SIMPLE ASSAULT 1 1 2 1 1 6
SUSPENDED LICENSE 1 1 2
TAMPERING 1 1
TRAFFIC COLLISION 1 1 2
TRESPASS 1 1
VANDALISM 3 1 1 2 5 1 3 16
VEHICLE BURGLARY 1 1 2
WARRANT ARREST 1 4 2 2 1 10
WEAPONS POSSESSION (KNIFE) 1 1
Grand Total 27 28 16 17 25 14 26 153
8 14
4 5
6 4
12 0
2 4
6 8
10 12
14 16
Sun Mon Tue Wed Thu Fri Sat

ARRESTS PER DAY OF WEEK

MENDOTA POLICE DEPARTMENT
MARCH 2025 - ARRESTS

DAYS ARRESTS
Sun 8
Mon 14
Tue 4
Wed 5
Thu 6
Fri 4
Sat 12
Grand Total 53
8 15
20 9
18 9
7 0
5 10
15 20
25 Sun Mon Tues Wed Thu Fri Sat

CITATIONS PER DAY OF WEEK

MENDOTA POLICE DEPARTMENT
MARCH 2025 - CITES

DAYS COUNT
Sun 8
Mon 15
Tues 20
Wed 9
Thu 18
Fri 9
Sat 7
Grand Total 86
CASE_NO DATE DAY
250000484.1 3/1/2025 Sat
250000490.1 3/1/2025 Sat
250000491.1 3/1/2025 Sat
250000498.1 3/3/2025 Mon
250000500.1 3/3/2025 Mon
250000501.1 3/3/2025 Mon
250000504.1 3/4/2025 Tue
250000505.1 3/4/2025 Tue
250000507.1 3/4/2025 Tue
250000510.1 3/4/2025 Tue
250000511.1 3/4/2025 Tue
250000513.1 3/4/2025 Tue
250000517.1 3/5/2025 Wed
250000519.1 3/7/2025 Fri
250000523.1 3/7/2025 Fri
250000525.1 3/8/2025 Sat
250000543.1 3/10/2025 Mon
250000545.1 3/10/2025 Mon
250000546.1 3/10/2025 Mon
250000547.1 3/10/2025 Mon
250000549.1 3/10/2025 Mon
250000550.1 3/11/2025 Tue
250000553.1 3/11/2025 Tue
250000554.1 3/12/2025 Wed
250000555.1 3/12/2025 Wed
250000562.1 3/13/2025 Thu
250000564.1 3/13/2025 Thu
250000565.1 3/13/2025 Thu
250000566.1 3/13/2025 Thu
250000567.1 3/13/2025 Thu
250000568.1 3/13/2025 Thu
250000570.1 3/13/2025 Thu
250000571.1 3/13/2025 Thu
250000572.1 3/13/2025 Thu
250000573.1 3/13/2025 Thu
250000574.1 3/13/2025 Thu
250000576.1 3/13/2025 Thu
250000577.1 3/13/2025 Thu
250000578.1 3/13/2025 Thu
250000580.1 3/13/2025 Thu
250000581.1 3/13/2025 Thu
250000582.1 3/13/2025 Thu
250000589.1 3/15/2025 Sat
CASE_NO DATE DAY
250000591.1 3/16/2025 Sun
250000592.1 3/16/2025 Sun
250000595.1 3/16/2025 Sun
250000596.1 3/16/2025 Sun
250000608.1 3/18/2025 Tue
250000610.1 3/18/2025 Tue
250000612.1 3/18/2025 Tue
250000615.1 3/18/2025 Tue
250000616.1 3/18/2025 Tue
250000619.1 3/19/2025 Wed
250000620.1 3/19/2025 Wed
250000621.1 3/19/2025 Wed
250000622.1 3/19/2025 Wed
250000627.1 3/20/2025 Thu
250000630.1 3/21/2025 Fri
250000631.1 3/21/2025 Fri
250000632.1 3/21/2025 Fri
250000635.1 3/21/2025 Fri
250000639.1 3/22/2025 Sat
250000643.1 3/23/2025 Sun
250000646.1 3/24/2025 Mon
250000647.1 3/24/2025 Mon
250000652.1 3/24/2025 Mon
250000653.1 3/24/2025 Mon
250000654.1 3/24/2025 Mon
250000655.1 3/24/2025 Mon
250000657.1 3/24/2025 Mon
250000658.1 3/25/2025 Tue
250000659.1 3/25/2025 Tue
250000661.1 3/25/2025 Tue
250000662.1 3/25/2025 Tue
250000664.1 3/25/2025 Tue
250000665.1 3/25/2025 Tue
250000666.1 3/25/2025 Tue
250000669.1 3/26/2025 Wed
250000670.1 3/26/2025 Wed
250000690.1 3/28/2025 Fri
250000692.1 3/28/2025 Fri
250000693.1 3/28/2025 Fri
250000700.1 3/29/2025 Sat
250000711.1 3/30/2025 Sun
250000714.1 3/30/2025 Sun
250000717.1 3/30/2025 Sun

MENDOTA POLICE DEPARTMENT
MARCH 2025– VEHICLE STOPS
TOTAL VEHICLE STOPS – 291
▪ WITH CASE NUMBERS – 99
▪ WITHOUT CASE NUMBERS - 192
99 192
0 50
100
150
200
250

CASES NO CASES

VEHICLE STOPS
CASES, 99,
34%

NO CASES,
192, 66%

MENDOTA POLICE DEPARTMENT
MARCH 2025
CRIME TYPE December JanuaryFebruaryMarch April May June July August September October November December 2025 Totals
FEB-MAR%
Homicide 0 0 0 0 0 NON-CAL
Rape 0 1 0 1 2 NON-CAL
Other Sex Offense 3 0 1 1 2 0%
Robbery 2 2 2 1 5 -50%
Aggravated Assault 7 4 4 2 10 -50%
Aggravated Assault (DV) 2 3 0 3 6 NON-CAL
Simple Assault 2 2 2 6 10 200%
Simple Assault (DV) 1 2 1 0 3 -100%
Residential Burglary 0 0 1 0 1 -100%
Commercial Burglary 1 1 1 2 4 100%
Auto Theft 11 5 2 6 13 200%
Grand Theft 2 0 1 1 2 0%
Petty Theft 2 6 5 1 12 -80%
Vehicle Burglary 3 1 0 2 3 NON-CAL
ID Theft/Fraud 1 1 4 0 5 -100%
Arson 0 1 0 0 1 NON-CAL
Vandalism 9 10 8 15 33 88%
Hate Crimes 0 0 0 0 0 NON-CAL
Possession of Firearm 0 1 0 0 1 NON-CAL
Possession of Knife 0 0 0 1 1 NON-CAL
DUI Arrests 3 1 6 4 11 -33%
Public Intoxication 0 4 2 6 12 200%
Narcotics Violation 4 10 9 12 31 33%
Parole/Probation Violation 0 2 0 2 4 NON-CAL
Restraining Order Violation 1 4 2 2 8 0%
Warrant Arrest 15 5 11 11 27 0%
Mental Health Reports 7 2 2 2 6 0%
Runaway / Missing 1 1 3 2 6 -33%
Trespass 2 0 1 1 2 0%
TOTALS 79 69 68 84 0 0 0 0 0 0 0 0 0 221 24%

MENDOTA POLICE DEPARTMENT
MARCH 2025
MARCH VANDALISM = 16 TOTAL
➢ 9 – VEHICLES
➢ 4 – PARK (Graffiti)
➢ 2– RESIDENCES
➢ 1-PUBLIC WALL
*Damages to vehicles were:

Tires slashed and windows broken.
455 W. Fir Avenue
Clovis, CA 93611
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/b9c61b47-a43e-48be-94b6- 116e834952b8/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_87.ppeng.egnyte.com/City Eng Council Report.docx Engineering  Surveying  Planning  Environmental  GIS  Construction Services  Hydrogeology  Consulting Clovis  Bakersfield  Visalia  Modesto  Los Banos  Chico  Merced  Sacramento Memorandum
To: City Council via Cristian Gonzalez, City Manager
From: Michael Osborn, City Engineer
Jeff O’Neal, City Planner
Subject: City Engineer’s Report to City Council
Date: April 28, 2025
Engineering Projects:

Streets

1. Citywide RRXG Improvements:
• Coordinating crossing improvements with Railroad, Caltrans & CPUC • Construction anticipated in Winter 2025

2. Derrick & Oller Roundabout
• Construction started in April 2025 through September 2025

3. 5
th & Quince Street Reconstruction:
• Design completed, Submitting RFA in May
• Construction planned for Fall 2025

4. Amador & Smoot Extension:
• Design completed
• $874,000 in STBG & CMAQ TPP funds; Construction planned for Fall 2025 • Coordinating with WWD for easement/right-of-way/land

5. 2025 Local Street Reconstruction:
• Design in progress
• Construction funded with CPF Congressional Appropriations planned for Summer/Fall 2025

6. Divisadero Street Reconstruction:
• Design in progress
• $985,157 in STBG funding programmed for construction in FFY 25/26 • Construction planned for Spring 2026, working with FCOG & Caltrans to move forward to Fall 2025
Parks

1. Rojas Pierce Park:
• CDBG funded Phase 3: new soccer field and restoration of turf on existing field • Working with WWD & staff for acquisition of land to Amador Water

1. Well 10 and Water Main Relocation
• Construction documents are completed and potential to bid and construct this fall; Coordination with USBR, BB Limited & PG&E
To: City Council via City Manager April 28, 2025
City Engineer’s Report to City Council Page 2 of 3
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/b9c61b47-a43e-48be-94b6- 116e834952b8/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_87.ppeng.egnyte.com/City Eng Council Report.docx

2. Backwash Reclaim Project
• Design in progress; looking for funding opportunities for construction

3. Westside Water Tank & Booster Pump
• ARPA funded design completed
• Coordinated with Amador & Smoot Extension design
• Construction anticipated in Summer 2025, pending land transfer Planning/Development Projects

1. Rojas Pierce Park Annexation
• Pending acquisition of land from WWD

2. Airport Land Use Plan
• Coordinating with City staff and Airport Subcommittee

3. Belmont & SR 33 Gas Station
• 1
st submittal of site improvement plans reviewed, waiting for resubmittal Grant Applications:

1. Triangle Park & Pool Park:
• Triangle Park is included in 2nd Street Stormwater Project application

2. Marie Street Complete Street Improvements:
• Application for $2,710,133 in CMAQ funding submitted to FCOG for competitive call for projects

3. 2025 Alley Paving Project:
• Application for $962,974 in CMAQ funding submitted to FCOG for competitive call for projects in March

4. 7
th Street Pavement Rehabilitation (Naples to Unida):
• Application for $1,878,803 in STBG funding submitted to FCOG for competitive call for projects

5. Smoot Avenue Reconstruction (west of Sorensen):
• Application for $410,915 STBG funding submitted to FCOG for competitive call for projects

6. Naples Street Reconstruction (5th to 8th):
• Application for $1,641,442 in STBG funding submitted to FCOG for competitive call for projects

7. 2
nd Street Stormwater Project:
• Prop 1 TA funded preliminary engineering completed
• Application submitted for $7.5 million in OSG funding and is being reviewed by Waterboard
• Met with Waterboard staff on-site on 3/18/2025
On-going (this month):

1. Representation of the City at FCOG TTC

2. Coordination of road projects with Caltrans

3. Assistance to staff for grant obligations & opportunities

4. Coordination with USACOE and NEPA for Panoche Creek flood study

5. Following up with FAA for airport closure

6. Assistance with Community Center project & MUSD District Offices

7. Coordination with FCTA & FCOG for Measure C funds
To: City Council via City Manager April 28, 2025
City Engineer’s Report to City Council Page 3 of 3
https://us-partner-integrations.egnyte.com/msoffice/wopi/files/b9c61b47-a43e-48be-94b6- 116e834952b8/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_87.ppeng.egnyte.com/City Eng Council Report.docx Overall P&P Staff engaged (month of February):
• Engineers: 10
• Planners: 4
• Surveyors: 1
• Environmental Specialist: 2
• GIS/CAD Specialists: 2
• Construction Manager: 0
• Project Administrator: 5
• Public Relations: 1
Abbreviations:

EOPCC – Engineer’s Opinion of Probable Construction Cost NTP – Notice to Proceed
CUCCAC – California Uniform Construction Cost Accounting Commission
STBG – Surface Transportation Block Grant
CMAQ – Congestion Mitigation and Air Quality (grant)
ATP – Active Transportation Plan (grant)
RFP – Request for Proposal
RFA- Request for Authorization (for grant funding)
FCOG – Fresno Council of Governments
ADA – Americans with Disabilities Act
DBE – Disadvantaged Business Enterprise
TTC – Technical Transportation Committee (through FCOG) RTP/SCS – Regional Transportation Plan, Sustainable
Communities Strategies
OSG – Sewer Overflow and Stormwater Reuse Grant