Agenda packet — Mendota City Council, June 2, 2026 (part 1 of 3)

Minutes of City Council Meeting 1 May 5, 2026

MINUTES OF MENDOTA

REGULAR CITY COUNCIL MEETING
Regular Meeting May 5, 2026
Meeting called to order by Mayor Pro Tem Alonso at 6:12 PM Roll Call
Council Members Present: Mayor Pro Tem Jose Alonso, and Council Members Libertad “Liberty” Lopez, Jesus “Jesse” Mendoza
and Joseph R. Riofrio
Council Members Absent: Mayor Victor Martinez
Flag salute led by Council Member Riofrio
Invocation led by Police Chaplain Robert Salinas
A moment of silence was held for Willie Clark, Betty Childress and former City of Madera Mayor Santos Garcia.

FINALIZE THE AGENDA

1. Adjustments to Agenda.

2. Adoption of final Agenda.

City Manager Gonzalez acknowledged the presence of Mr. John Zimmerman with NUG, Inc., and requested that the Council consider tabling Public Hearing Item 1 to the next regular City Council meeting.

A motion was made by Mayor Pro Tem Alonso to adopt the modified agenda as requested by staff, seconded by Council Member Riofrio; unanimously approved (4 ayes, absent:

Martinez).

Minutes of City Council Meeting 2 May 5, 2026

PRESENTATION

1. City Council to recognize Restaurante y Pupuseria Morenita #1 and #2 for 18 years of business in the community.

Mayor Pro Tem Alonso introduced the item and read the certificate of recognition into the record.

Maria Urias and the Urias family thanked God and the City Council for the recognition.

The City Council thanked Restaurante y Pupuseria Morenita #1 and #2 and the Urias family for their commitment to the community.

PUBLIC COMMENT
Jenny Ramos shared that a sprinkler system for her front yard may have been broken by the contractor of the Divisadero Street Reconstruction Project, and asked who would be responsible for the repairs.

Discussion was held on the comments made by Mrs. Ramos.

Kevin Romero provided an update on local high school sports.

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

MAYOR AND COUNCIL REPORTS AND INFORMATIONAL ITEMS

1. Council Member(s)
Council Member Riofrio commented on the history of Cinco de Mayo; and ongoing projects in the community.

Discussion was held on the comments made by Council Member Riofrio.

Council Member Lopez commented on the Divisadero Street Reconstruction Project; shared that May is Mental Health Awareness month; wished all of the mothers a happy Mother’s Day; and commented on the annual Silva Strong Run and Walk.

Council Member Mendoza inquired into the possibility of installing a custom mental health awareness flag in the City; commented on the spay and neuter event taking place at RojasPierce Park on May 7, 2026; ongoing community projects; and thanked staff and volunteers for their work with the Mendota Community Corporation’s charitable golf tournament.

Minutes of City Council Meeting 3 May 5, 2026
Mayor Pro Tem Alonso wished all of the mothers a happy Mother’s Day; thanked Mrs.

Ramos for bringing her issue to the attention of the Council; shared his experience attending the League of California Cities City Leaders Summit; and thanked everyone for attending.

APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING

1. Minutes of the regular City Council meeting of April 21, 2026.

2. Notice of waiving of the reading of all resolutions and/or ordinances introduced and/or adopted under this agenda.

A motion was made by Mayor Pro Tem Alonso to approve items 1 and 2, seconded by Council Member Lopez; unanimously approved (4 ayes, absent: Martinez).

CONSENT CALENDAR

1. APRIL 17, 2026 THROUGH APRIL 23, 2026
a. WARRANT LIST CHECK NOS. 57869 THROUGH 57915
b. TOTAL FOR COUNCIL APPROVAL = $1,514,570.63

2. Proposed ratification of a letter of support for Poverello House’s proposal for access and navigation services.

3. Proposed adoption of Resolution No. 26-25, approving the agreement with the County of Fresno for law enforcement dispatch services/9-1-1 answering responsibilities.

4. Proposed adoption of Resolution No. 26-26, awarding the construction contract for the 2024 Local Streets Reconstruction project to Walsh Montgomery Construction, Inc. in the amount of $4,100,536.60.

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

Martinez).

PUBLIC HEARING

1. City Council public hearing to review and consider the status of Development Agreement default, entitlements, and termination of Development Agreement with Element 7 Mendota, LLC, regarding the construction and operation of a commercial cannabis dispensary located at 796 Oller Street, Mendota, CA 93640 (APN 013-191- 18).

Public Hearing item 1 was tabled to a future meeting agenda.

Minutes of City Council Meeting 4 May 5, 2026

DEPARTMENT REPORTS AND INFORMATIONAL ITEMS

1. City Engineer
City Engineer Gross shared his experience in visiting different areas of the City; commented on upcoming projects that he is looking forward to working on and stated he is grateful for the opportunity to serve as City Engineer.

Discussion was held on the comments made by City Engineer Gross.

2. City Attorney
Assistant City Attorney Castro shared that he was happy to be in attendance and is available to assist with anything the City Council may need.

3. City Manager
City Manager Gonzalez commented on the annual Silva Strong Run and Walk; the groundbreaking ceremony for the Community Center Project; grant funding that has been awarded for the Airport Park; thanked staff, consultants, and the City Council for their work, and commented on the cancellation of the May 19, 2026, City Council meeting due to Council and staff attendance at the ICSC Las Vegas conference.

Discussion was held on the update provided by City Manager Gonzalez; the possibility of bringing additional automated teller machines to the City; possible grants to assist with sidewalk construction; and the possible installation of a high-intensity activated crosswalk on State Highway 33.

CLOSED SESSION

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

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

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code sections 54954.5, subdivision (f), 54957.6 a. Agency Designated Representative: Cristian Gonzalez, City Manager b. Employee Organization: Unrepresented Management Employees Minutes of City Council Meeting 5 May 5, 2026
At 7:03 p.m. the City Council entered into Closed Session.

At 7:46 p.m. the City Council reconvened in Open Session, at which time Assistant City Attorney Castro reported that there was no reportable action on items 1 through 3.

ADJOURNMENT
With no more business to be brought before the City Council, a motion for adjournment was made at 7:46 p.m. by Mayor Pro Tem Alonso, seconded by Council Member Riofrio; unanimously approved (4 ayes, absent: Riofrio).
_______________________________
Jose Alonso, Mayor Pro Tem
ATTEST:
_______________________________
Celeste Cabrera-Garcia, City Clerk

CITY OF MENDOTA

CASH DISBURSEMENTS
04/28/2026 - 5/20/2026
CK# 057916 - 58068
Check Date Check Number Check Amount Vendor Name Department Description April 28, 2026 57916 $ 45,762.15 AETNA LIFE INSURANCE COMPANY GENERAL MEDICAL INSURANCE FOR MAY 2026 April 28, 2026 57917 $ 275.47 AG & INDUSTRIAL SUPPLY INC. STREETS STREET SUPPLIES - (15) HYD HOSE, (1) FLAT FACE, (1) FITTING, (5) WIRE April 28, 2026 57918 $ 726.34 ALEX AUTO DIAGNOSTICS GENERAL 2018 JEEP UNIT #90 - RADIATOR & COOLING FAN REPLACEMENT April 28, 2026 57919 $ 22,938.59 ANDERSON PUMP COMPANY WATER INSPECT AND SERVICE PUMP #6 AT THE DROVE SITE AND REPAIR WELL PUMP #3 BASS AVE
April 28, 2026 57920 $ 98,460.50 BB LIMITED WATER
FISCAL YEAR 2025/2026 2ND INSTALLMENT OF ANNUAL LEASE

AGREEMENT RENT
April 28, 2026 57921 $ 1,267.52 BELMONT NURSERY GENERAL (210) COLOR BEDDING FOR EARTH DAY EVENT April 28, 2026 57922 $ 311.34 CHEMSEARCH SEWER (1) SERVICE CHARGE - DRAIN MAINTENANCE AT LIFTSTATION April 28, 2026 57923 $ 626.86 CINTAS CORPORATION NO. 2 GENERAL, WATER, SEWER

FIRST AID KIT SUPPLIES POLICE DEPARTMENT, CITY HALL, PUBLIC

WORKS, WATER TREATMENT PLANT, WASTEWATER TREATMENT
April 28, 2026 57924 $ 1,172.23 CORBIN WILLITS SY'S INC. GENERAL, WATER, SEWER ENHANCEMENT & SERVICE FEE FOR MAY 2026 April 28, 2026 57925 $ 375.21 CORE & MAIN LP WATER
WATER DEPARTMENT SUPPLIES - (10) 10" NICOR CONNECTORS & (20)

DRYCONN BURY LUGS
April 28, 2026 57926 $ 428.60 CROWN SERVICES CO. GENERAL, SEWER TOILET WITH SINK 1X WEEK - 1300 2ND ST, BASS AVE (POOL PARK), AND BASS AVE & HWY 33 (LOZANO PARK) 3/13/2026 - 4/09/2026
April 28, 2026 57927 $ 220.00 DATA TICKET, INC. GENERAL DAILY CITATION PROCESSING & DAILY NOTICE MARCH 2026 April 28, 2026 57928 $ 300.00 DISCOUNT SHRED GENERAL
(2) 96 GALLON BIN CERTIFICATION OF DESTRUCTION FOR POLICE

DEPARTMENT
April 28, 2026 57929 $ 87.87 GUTHRIE PETROLEUM INC STREETS STREETS DEPARTMENT - (5) 1-1/5 CHEVRON AW HYDRAULIC OIL, ISO 68 April 28, 2026 57930 $ 899.29 HD SUPPLY WHITE CAP CONSTRUCTION GENERAL (1) MEDUSAW WALK BEHIND WORM DRIVE CONCRETE SAW April 28, 2026 57931 $ 306.49 LEAF GENERAL, WATER, SEWER (2) KYOCERA COPIER SYSTEM FOR APRIL 2026 April 28, 2026 57932 $ 212.00 LOU'S GLOVES, INC. WATER, SEWER WATER AND SEWER SUPPLIES - (20) NITRILE, EXAM - GRADE, POWDERFREE, TEXTURED NEON GREEN GLOVES April 28, 2026 57933 $ 500.00 MAVERICK DATA SYSTEMS GENERAL POLICE DEPARTMENT SOFTWARE LICENSES - (2) WARRANT BUILDER PRO AND (1) WARRANT PRO
April 28, 2026 57934 $ 510.60 MENDOTA 1 SMOG GENERAL
VEHICLE MAINTENANCE FOR 2024 RAM & 2021 FORD - REPAIRS, OIL SERVICES, AND INSPECTION FOR 2024 DODGE UNIT M98
April 28, 2026 57935 $ 2,691.15 MID VALLEY DISPOSAL, INC REFUSE, STREETS PUBLIC WORKS REFUSE SERVICES APRIL 1-15, 2026 April 28, 2026 57936 $ 240.68 OFFICE DEPOT WATER, SEWER

OFFICE SUPPLIES - PAPER, HIGHLIGHTERS, SHARPIES, MOUNTING TAPE,

AND PENCIL CUP
April 28, 2026 57937 $ 27,519.26 PG&E

GENERAL, WATER, SEWER,
STREETS WATER DEPARTMENT UTILITIES FOR 2/28/2026 - 4/13/2026 April 28, 2026 57938 $ 119,780.50 PROVOST & PRITCHARD

GENERAL, WATER, SEWER,

STREETS

PROFESSIONAL SERVICES - CORRIDOR IMPROVEMENTS, ROUNDABOUT,

PUMP STATION, RETAINER, & STREET PROJECTS
April 28, 2026 57939 $ 1,192.09 R.G. EQUIPMENT COMPANY GENERAL SERVICE INSPECTION - CHECKED OPERATION OF 60" Z-MASTER 6000

SERIES, UNIT INSPECTED AND FUNCTIONING PROPERLY
April 28, 2026 57940 $ 1,506.27 SOUND CONTRACTING INC GENERAL, WATER, SEWER

COUNCIL CHAMBERS - AUDIO CABLE ROUTING, INTERFACE SETUP, AND

INSTALLATION LABOR
April 28, 2026 57941 $ 200.00

STATE WATER RESOURCES CONTROL

BOARD STREETS
APPLICATION ID #598392 FEE FOR DIVISADERO STREET & INEZ STREET

RECONSTRUCTION
April 28, 2026 57942 $ 873.76 THE SHERWIN-WILLIAMS CO. GENERAL, STREETS ANTI-GRAFFITI & PARKS PAINT SUPPLIES - (15) 5 - GALLON FLAT PAINT, (5) PROCRYL PRIMER & (5) DTM GLOSS ULTRA PAINT
April 28, 2026 57943 $ 186.56 UNIFIRST CORPORATION WATER, SEWER CLEANING SUPPLIES - (2) WET MOPS, (2) MOPS - UNFRAMED, & (50)TERRY CLOTHS
April 28, 2026 57944 $ 2,093.56 UNITED RENTALS (NORTH AMERICA) INC. WATER, STREETS (1) 3-5 TON DOUBLE - DRUM SMOOTH ROLLER MODEL BOMAG April 28, 2026 57945 $ 445.40 USA BLUEBOOK WATER, SEWER WASTEWATER TREATMENT PLANT SUPPLIES - (2) ELITE SENSORS, (3) 60 - GALLON HEAVY DUTY BAGS, & (2) LASER LITE EAR PLUGS
April 28, 2026 57946 $ 16,986.96 VALLEY IRON INC. GENERAL PARKS STRUCTURES MATERIALS - (4) SQUARE TUBES, (23)
RECTANGULAR STEEL TUBING, & (1) 3/8" X 12" PLATE
April 28, 2026 57947 $ 721.14 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICE FOR 4/02/2026, 4/09/2026, 4/16/2026, & 4/23/2026
April 28, 2026 57948 $ 66.96 WECO GENERAL, WATER, SEWER RENT CYL ACETYLENE #4, OXYGEN D & OXYGEN K 2/28/2026 - 3/31/2026

CITY OF MENDOTA

CASH DISBURSEMENTS
04/28/2026 - 5/20/2026
CK# 057916 - 58068
May 5, 2026 57949 $ 444.15 ADT SECURITY SERVICES GENERAL, WATER, SEWER SECURITY SERVICE WATER TREATMENT 5/4/2026-6/3/2026 AND 643 & 655 QUINCE ST 5/13/2026 - 6/12/2026
May 5, 2026 57950 $ 628.91 ALEX AUTO DIAGNOSTICS GENERAL

POLICE DEPARTMENT VEHICLES SERVICE - A/C CONDENSER,

RESYNCHRONIZATION, & REPROGRAM THROTTLE BODY
May 5, 2026 57951 $ 739.05 AT&T GENERAL, WATER, SEWER CITYWIDE TELEPHONE SERVICE 3/25/2026 - 4/24/2026 May 5, 2026 57952 $ 1,753.34 AT&T MOBILITY GENERAL POLICE DEPARTMENT PHONE SERVICE 3/12/2026 - 4/11/2026 May 5, 2026 57953 $ 2,445.30 BADGER METER WATER (2470) ORION CELLULAR LTE SERVICE UNIT FOR APRIL 2026 May 5, 2026 57954 $ 167.28 FLEX TECHNOLOGY GROUP LLC GENERAL, WATER, SEWER LOW DENSITY, HIGH DENSITY & MONO/COLOR LINES May 5, 2026 57955 $ 250.00 CARLA YANET CARABEZ GARCIA GENERAL

DEPOSIT REIMBURSEMENT FOR AUTHORIZED USE OF NEW SOCCER

FIELD FOR SOCCER TOURNAMENT EVENT
May 5, 2026 57956 $ 82.50 COOK'S COMMUNICATIONS GENERAL POLICE DEPARTMENT - FORD F-250 ADJUSTABLE DOCKING STATION

REWIRING AND INSTALLATION
May 5, 2026 57957 $ 9,238.54 CORE & MAIN LP WATER
WATER DEPARTMENT SUPPLIES - (7) FIBERLYTE FL12 FRAMES WITH MATCHING LIDS, & (3) 3" FIRE HYDRANT METERS
May 5, 2026 57958 $ 5,358.08 DATA PATH, INC. GENERAL, WATER, SEWER MONTHLY BILLING MAY 2026 - SITE, SERVER, & ENDPOINT PLUS (3)

MICROSOFT DOCKING STATIONS FOR NOTEBOOKS & MONITORS
May 5, 2026 57959 $ 466.06 EINERSON'S PREPRESS WATER, SEWER OFFICE SUPPLIES - (500) LETTERHEAD SHEETS, 70 - LB SMOOTH WHITE PAPER WITH 4% WATERMARK
May 5, 2026 57960 $ 608.72 FRESNO HUMANE ANIMAL SERVICES GENERAL ANIMAL CONTROL SUPPLIES -(3) DAPP & (1) BORDETELLA VACCINES May 5, 2026 57961 $ 28.93 GRAINGER INC. WATER

WEED SPRAYER REPAIR PARTS - REPLACEMENT CAP AND NOZZLE

ASSORTMENT FOR WEED SPRAYER MAINTENANCE
May 5, 2026 57962 $ 674.84 SIMPLOT GROWER SOLUTIONS WATER, SEWER WEED ABATEMENT SUPPLIES - (25) GAL+ROUNDUP POWERMAX3 (2.5G) May 5, 2026 57963 $ 706.86 MATTEWS CYCLERY INC. GENERAL 2025 MOTORCYCLE UNIT #84 - KEY FOB REPLACEMENT AND FIRST

SCHEDULED MAINTENANCE SERVICE
May 5, 2026 57964 $ 636.09 MENDOTA 1 SMOG GENERAL

PD VEHICLE MAINTENANCE - OIL & FILTER CHANGE, COOLING FAN

ASSEMBLY, & LIGHT BULB REPAIRS
May 5, 2026 57965 $ 540.00 MINERAL KING PUBLISHING, INC. GENERAL PUBLICATION NOTICE - DEVELOPMENT AGREEMENT ELEMENT 7 TO NUG INC
May 5, 2026 57966 $ 3,362.13 NORTHSTAR CHEMICAL WATER (900) SODIUM HYPOCHLORITE - 12.5% MILLA MEETS NSF/ANSI May 5, 2026 57967 $ 516.71 OFFICE DEPOT WATER, SEWER
OFFICE SUPPLIES - (3) TONERS, (1) NOTES, (1) CUP, (6) PAPER COPIES, & (1) STORAGE BOXES
May 5, 2026 57968 $ 1,770.66 PACE SUPPLY CORP WATER

WATER DEPARTMENT SUPPLIES - HYDRANT METER ADAPTERS, BRASS

COUPLING, & RUBBER METER GASKETS
May 5, 2026 57969 $ 102,182.94 PROVOST & PRITCHARD SEWER MARCH 2026 PROFESSIONAL SERVICE FOR MENDOTA 2ND STREET

STORMWATER PROJECT
May 5, 2026 57970 $ 189.99 R.G. EQUIPMENT COMPANY GENERAL PARKS SUPPLIES - (6) RECYCLING BLADES May 5, 2026 57971 $ 913.00 SOUTH COUNTY VETERINARY HOSPITAL GENERAL ANIMAL CONTROL SERVICES - (11) EUTHANASIA PROCEDURES, (11) TELAZOL & (22) HAZARDOUS WASTE DISPOSAL SERVICES
May 5, 2026 57972 $ 146.25 STATE OF CALIFORNIA STREETS SIGNALS & LIGHTING BILLING FOR JANUARY 2026 - MARCH 2026 May 5, 2026 57973 $ 96.43 SUNNYSIDE TROPHY GENERAL
FERMIN & GRISELDA OCHOA RECOGNITION WITH (1) 7X9 ROSEWOOD PLAQUE
May 5, 2026 57974 $ 22,931.96 SURVEILLANCE INTEGRATION GENERAL, WATER

SOCCER FIELDS & NEW WATER TREATMENT PLANT - INSTALLATION OF

CAMERA EQUIPMENT & MONITORING SYSTEMS
May 5, 2026 57975 $ 535.00 TECH MASTER PEST MANAGEMENT GENERAL, WATER, SEWER

PEST CONTROL SERVICES CITY HALL/DMV/YOUTH CENTER, WATER

DIVISION BLDS, PUBLIC WORKS, POLICE DEPARTMENT
May 5, 2026 57976 $ 660.23 TRIANGLE ROCK PRODUCTS,LLC STREETS POTHOLES - (6.33) ST 3/8 CM SC3000 ENVIRONMENTAL FEE - AGG &

ASPHALT
May 5, 2026 57977 $ 12,004.18 TRU TRAILERS, INC. GENERAL, WATER, SEWER (1)TRU TRAILER VIN #1T9TD1423T1042058 & LICENSE #EC49U35 May 5, 2026 57978 $ 117.94 SUKHWANT S. C/O GILL WATER MQ CUSTOMER REFUND FOR AGU0041 May 5, 2026 57979 $ 26.86 ANGEL I CASTRO WATER MQ CUSTOMER REFUND FOR CAS0101 May 5, 2026 57980 $ 10.40 JESUS HEREDIA WATER MQ CUSTOMER REFUND FOR HER0097 May 5, 2026 57981 $ 50.63 MIRIAM HIDALGO WATER MQ CUSTOMER REFUND FOR HID0001 May 5, 2026 57982 $ 219.89 DORIS RENFRO WATER MQ CUSTOMER REFUND FOR REN0003

CITY OF MENDOTA

CASH DISBURSEMENTS
04/28/2026 - 5/20/2026
CK# 057916 - 58068
May 6, 2026 57983 $ 202,609.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 4/20/2026 - 5/03/2026 May 8, 2026 57984 $ - VOID
May 8, 2026 57985 $ 1,870.88 AUTOZONE, INC.

GENERAL, WATER, SEWER,

STREETS

CITY SUPPLIES - BATTERIES, FLUIDS, FILTERS, TOOLS, & VEHICLE /

EQUIPMENT PARTS FOR STREETS, WATER , & CITY FLEET
May 8, 2026 57986 $ 157.95 CABRERA, CELESTE GENERAL HOTEL PARKING REIMBURSEMENT FOR 3 NIGHTS AT CMCA CONFERENCE May 8, 2026 57987 $ 614.18 COLONIAL LIFE GENERAL LIFE INSURANCE PREMIUM FOR APRIL 2026 May 8, 2026 57988 $ 12,198.04

EMPLOYER DRIVEN INSURANCE
SERVICE GENERAL BILLING SUMMARY FOR JUNE 2026 AND CLAIMS FOR APRIL 2026 May 8, 2026 57989 $ 243.00 GONZALEZ, CRISTIAN GENERAL, WATER, SEWER PER DIEM FOR ATTENDING ICSC LAS VEGAS 5/17/2026 - 5/20/2026 May 8, 2026 57990 $ 6,968.87 HUMANA INSURANCE COMPANY GENERAL VISION, DENTAL, & LIFE INSURANCE FOR MAY 2026 May 8, 2026 57991 $ 243.00 JESUS MENDOZA GENERAL PER DIEM FOR ATTENDING ICSC LAS VEGAS 5/17/2026 - 5/20/2026 May 8, 2026 57992 $ 225.00 RAINBOW LOCK & SAFE GENERAL
POLICE DEPARTMENT SERVICE LOCK OPENED : CYLINDER REPAIRED &

WORKING KEY
May 8, 2026 57993 $ 300.00 DENISE S. RUIZ GENERAL DEPOSIT REIMBURSEMENT FOR ROJAS-PIERCE PARK MAIN PAVILION May 8, 2026 57994 $ - VOID
May 8, 2026 57995 $ 3,452.84 HOME DEPOT

GENERAL, WATER, SEWER,

STREETS
HOME DEPOT 3/24/2026 - 4/14/2026 BATTERY CHARGER STARTER, SAW,

REPAIR KIT PISTON PUMP, & BANDINI PRO, & SHOVEL
May 8, 2026 57996 $ 200.00 UNITED HEALTH CENTERS GENERAL (1) PRE-EMPLOYMENT PHYSICAL EXAM FOR POLICE DEPARTMENT May 8, 2026 57997 $ 243.00 VALDEZ, NORA GENERAL PER DIEM FOR ATTENDING ICSC LAS VEGAS 5/17/2026 - 5/20/2026 May 8, 2026 57998 $ 8,845.43 BANKCARD CENTER GENERAL, WATER, SEWER CREDIT CARD EXPENSES 3/25/2026 - 4/24/2026 HYATT REGENCY, UNITED

METAL, DLR RESORT, SHERATON, & SPORTSWEAR
May 12, 2026 57999 $ 61.15 AIRGAS USA, LLC WATER RENT CYLINDER SMALL CARBON DIOXIDE FOR APRIL 2026 May 12, 2026 58000 $ 138.00 ALTA LANGUAGE SERVICES, INC. GENERAL (2) LISTENING & SPEAKING TEST FOR THE POLICE DEPARTMENT May 12, 2026 58001 $ 185.00 ERIC ANTUNA GENERAL OTS - PER DIEM TRAINING IN SACRAMENTO 6/10/2026 - 6/11/2026 May 12, 2026 58002 $ 4,658.26 BSK ASSOCIATES WATER, SEWER

WASTEWATER & EDT SERVICES ( WEEKLY BOD/TDS, TREATMENT,
MONTHLY TEST RADIUM ANALYSIS) FOR APRIL 2026
May 12, 2026 58003 $ 174.79 CALIFORNIA STATE LANDS COMMISSION WATER ANNUAL RENT LEASE #9630 6/23/2026 - 6/22/2027 CPI May 12, 2026 58004 $ 1,706.25 CALIFORNIA BUSINESS MACHINES GENERAL, WATER, SEWER COPIER CONTRACT SERVICES BASE FOR MAY 2026 & USE FOR APRIL 2026
May 12, 2026 58005 $ 184.48 CORELOGIC INFORMATION GENERAL, WATER, SEWER REAL QUEST SERVICE FOR APRIL 2026 May 12, 2026 58006 $ 202.45 CORE & MAIN LP WATER (10) 10' NICOR CONNECTOR FOR THE WATER DEPARTMENT May 12, 2026 58007 $ 81,764.75 FLAGSTAR FINANCIAL & LEASING LLC WATER, SEWER

QUARTERLY SOLAR GENERATING FACILITIES & INTEGRATED

SWITCHGEAR & VFD
May 12, 2026 58008 $ 19,117.96 FRESNO COUNTY SHERIFF GENERAL, WATER DISPATCH SERVICES AND RMS/JMS ACCESS FEE FOR MAY 2026 May 12, 2026 58009 $ 98.40 FRESNO PET CEMETERY GENERAL GROUP CREMATIONS SERVICES FOR 11 CASES - TOTAL WEIGHT 164 LBS May 12, 2026 58010 $ 130.00 ROBERT GARIBAY GENERAL

POLICE DEPARTMENT PER DIEM FOR FIREARMS/ TACTICAL RIFLE TRAINING 4/30/2026 - 5/01/2026
May 12, 2026 58011 $ 1,957.50 iCAD INC. WATER

SERVICE WORK FOR PRISON WELL - TIMER RESET AND RESTORATION OF

LOST COMMUNICATION
May 12, 2026 58012 $ 90.36 J.P. COOKE RABIES & LICENSE TAGS GENERAL (100) A.A DOG LICENSE TAGS 30 GOLD JULY 2026 - JUNE 2027 May 12, 2026 58013 $ 2,805.08 MID VALLEY DISPOSAL, INC REFUSE, STREETS PUBLIC WORKS REFUSE SERVICES FOR APRIL 16-30, 2026 May 12, 2026 58014 $ 1,966.38 PACE SUPPLY CORP WATER ONSITE TRAINING 1 DAY - BEACON SOFTWARE & OUT FIELD May 12, 2026 58015 $ 3,512.19 PLATT ELECTRIC SUPPLY STREETS BASS STREET ROUNDABOUT - (2) HOLOPHANE LOT RELEASE C/O May 12, 2026 58016 $ 63,093.26 PROVOST & PRITCHARD

GENERAL, WATER, SEWER,

STREETS

PROFESSIONAL ENGINEERING SERVICES - COMMUNITY CENTER,
ROUNDABOUT, WATER TANK, & RETAINER APRIL 2026

CITY OF MENDOTA

CASH DISBURSEMENTS
04/28/2026 - 5/20/2026
CK# 057916 - 58068
May 12, 2026 58017 $ 1,400.22 RAMON'S TIRE & AUTO SERVICES

GENERAL, WATER, SEWER,

STREETS

CITY VEHICLES MAINTENANCE SERVICES - OIL CHANGES, TIRE REPAIRS,

MOUNTING/ DISMOUNTING, & EQUIPMENT SERVICING
May 12, 2026 58018 $ 1,084.04 SIGNMAX STREETS STREET SUPPLIES - (10) 10FT SQ. POST & (10) 30" SQUARE POST ANCHOR May 12, 2026 58019 $ 1,660.00 SOUTH COUNTY VETERINARY HOSPITAL GENERAL ANIMAL CONTROL SERVICES - (20) EUTHANASIA, (20)TELAZOL, & (40)

WASTE DISPOSAL FEES
May 12, 2026 58020 $ 5,000.00 TOWNSEND PUBLIC AFFAIRS, INC. GENERAL, WATER, SEWER CONSULTING SERVICES FOR THE MONTH OF MAY 2026 May 12, 2026 58021 $ 662.50
T.ROWE PRICE RETIREMENT PLAN
SERVICES INC. GENERAL, WATER, SEWER
401K SUMMARY FOR ADMINISTRATIVE & RECORDKEEPING SERVICES BILLING PERIOD JANUARY - MARCH 2026
May 12, 2026 58022 $ 113.76 VALLEY IRON INC. GENERAL BUILDING & GROUNDS SUPPLIES 3/4" SCH 40 BLACK PE "A" PIPE May 12, 2026 58023 $ 64.80 WECO GENERAL, WATER, SEWER RENT CYL ACETYLENE #4, OXYGEN D & OXYGEN K 3/31/2026 - 4/30/2026 May 12, 2026 58024 $ 178,714.00 W.M. LYLES CO. WATER
PAYMENT #7 WESTSIDE WATER TANK & PUMP STATION 4/01/2026 - 4/30/2026
May 15, 2026 58025 $ 8.55 AG & INDUSTRIAL SUPPLY INC. SEWER WASTEWATER FACILITY SUPPLIES - (2) GASKET, (3) ORFICE POLYMER, & (1) DISC SS
May 15, 2026 58026 $ 4,538.99 AMAZON CAPITAL SERVICES, INC GENERAL, WATER, SEWER MAY 2026 - CITY HALL, PD, ANIMAL CONTROL, SOLAR APP & EARTH DAY

SUPPLIES ( PRINTER, PAPER, DEWORMER, TONER,& VESTS)
May 15, 2026 58027 $ 1,127.60 BELMONT NURSERY GENERAL
LANDSCAPING SUPPLIES (48) COLOR BEDDING AND (10)LAGERSTROEMIA

FOR LA COLONIA LIGHTING AREAS
May 15, 2026 58028 $ 1,973.04 COMCAST GENERAL, WATER, SEWER CITYWIDE XFINITY SERVICES FOR 5/06/2026 - 6/05/2026 May 15, 2026 58029 $ 1,100.79 COMCAST BUSINESS GENERAL FRESNO COUNTY SHERIFFS TO MENDOTA PD CIRCUIT FOR APRIL 2026 May 15, 2026 58030 $ 70.00 DEPARTMENT OF JUSTICE GENERAL (2) MONTHLY SERVICES FOR MARCH 2026 May 15, 2026 58031 $ 3,008.83 EINERSON'S PREPRESS WATER, SEWER OFFICE SUPPLIES - (12,000) LEFT HAND WINDOW ENVELOPES AND (10,000) UTILITY BILL PAPER
May 15, 2026 58032 $ 223.95 FASTSIGNS GENERAL, WATER, SEWER COMM. CENTER GROUNDBREAKING - (150) LAMINATED 2" ROUND DECALS & (1) 15" PVC PODIUM SIGN FOR COUNCIL CHAMBERS
May 15, 2026 58033 $ 400.00 INSYARATH, KHAMPHOU GENERAL POLICE DEPARTMENT STATISTICS FOR APRIL 2026 May 15, 2026 58034 $ 173.25 METRO UNIFORM GENERAL
(1)REVTAC PANT & (1) STRYKE CLASS A PANT FOR CODE ENFORCEMENT

UNIFORM
May 15, 2026 58035 $ 460.73 MID-VALLEY DISTRIBUTORS, INC. STREETS STREET LIGHT POLES - (170) # 188 SNAPLOCK HOSE CLAMP May 15, 2026 58036 $ 775.00 ANA V. MUNGIA ANGULO GENERAL

CATERING SERVICES - TACOS, RICE, & BEANS FOR COMMUNITY CENTER

GROUNDBREAKING
May 15, 2026 58037 $ 120.73 OFFICE DEPOT WATER, SEWER OFFICE SUPPLIES - (2) PAPER, (2) FOLDERS, AND (1) PACK OF PENS May 15, 2026 58038 $ 1,375.78 PACE SUPPLY CORP WATER

WATER DEPARTMENT SUPPLIES - BRASS COMPRESSION COUPLINGS,

REPAIR CLAMPS, AND FLEX COUPLINGS
May 15, 2026 58039 $ 3,044.75 PURCHASE POWER GENERAL, WATER, SEWER POSTAGE METER REFILLS FOR 4/20/2026 - 4/21/2026 & 5/07/2026 - 5/08/2026 May 15, 2026 58040 $ 8,250.00 RAND WELDING & FABRICATION SEWER

WASTEWATER AERATOR REPAIR - MATERIALS, MACHINING, BEARING

REPLACEMENT, AND LABOR FOR EQUIPMENT RESTORATION
May 15, 2026 58041 $ 713.02 ERNEST PACKING SOLUTIONS GENERAL, WATER, SEWER CLEANING SUPPLIES - (8) CAN LINERS & (3) DEB AZURE FOAM May 15, 2026 58042 $ 376.00

SAN JOAQUIN VALLEY AIR POLLUTION

CONTROL DISTRICT

GENERAL, WATER, SEWER,

STREETS

ENVIRONMENTAL & PERMIT FEES - GASOLINE DISPENSING, AIR TOXICS

ASSESSMENT, & DIESEL EQUIPMENT
May 15, 2026 58043 $ 2,578.69 SITEONE LANDSCAPE SUPPLY LLC GENERAL

PARKS SUPPLIES - RAIN BIRD, HUNTER ROTORS, RISERS, NOZZLES,

FITTINGS AND GENERAL MATERIALS
May 15, 2026 58044 $ 240.00 STEPHEN A. SMECK & CO

GENERAL, WATER, SEWER,

REFUSE, STREETS

ACCOUNTING AND TAX PREPARATION SERVICES FOR CITY AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2025
May 15, 2026 58045 $ 4,584.65 SORENSEN MACHINE WORKS

GENERAL, WATER, SEWER,
STREETS APRIL 2026 CITYWIDE DEPARTMENT SUPPLIES
May 15, 2026 58046 $ 420.85 UNION PACIFIC RAILROAD COMPANY STREETS PUBLIC ROADWAY ENCROACHMENT FOR JUNE 2026 May 15, 2026 58047 $ 148,668.76 THE BANK OF NEW YORK MELLON SEWER MJPFA WASTEWATER FUNDING REVENUE BONDS, SERIES 2021 May 15, 2026 58048 $ 188.31 UNIFIRST CORPORATION WATER, SEWER CLEANING SUPPLIES - (2) WET MOPS, (2) MOPS - UNFRAMED, (50) TERRY CLOTHS & (4) MATS
May 15, 2026 58049 $ 201.57 VESTIS GROUP, INC. GENERAL, WATER, SEWER PUBLIC WORKS UNIFORM SERVICES FOR 4/30/2026 May 15, 2026 58050 $ 139.80 CULIGAN WATER GENERAL
MONTHLY WATER SERVICE FOR MARCH AND MAY 2026 ( USAGE FOR FEBRUARY AND APRIL 2026)

CITY OF MENDOTA

CASH DISBURSEMENTS
04/28/2026 - 5/20/2026
CK# 057916 - 58068
May 20, 2026 58051 $ 219,867.00 CITY OF MENDOTA PAYROLL GENERAL PAYROLL TRANSFER 5/04/2026 - 5/17/2026 May 20, 2026 58052 $ 517.28 AFLAC GENERAL AFLAC INSURANCE FOR MAY 2026 May 20, 2026 58053 $ 670.30 BELMONT NURSERY GENERAL LA COLONIA LANDSCAPE SUPPLIES - (4) MUSKOGEE & (4) TUSCARORA May 20, 2026 58054 $ 2,009.74 CROWN SERVICES CO. WATER, SEWER RENTAL OF PORTABLE TOILETS WEEKLY AT WWTP, POOL PARK, 350 SORENSEN AND LOZANO PARK 4/10/2026 -5/07/2026
May 20, 2026 58055 $ 350.00 DELTA SAND, GRAVEL & RECYCLING, INC SEWER JOHN DEERE 544 WHEEL LOADER - ROADSIDE SERVICE FOR BLOWN

FUSES REPAIR
May 20, 2026 58056 $ 6,817.73 HUMANA INSURANCE COMPANY GENERAL DENTAL, VISION, & LIFE INSURANCE MAY 2026 May 20, 2026 58057 $ 3,983.75 iCAD INC. WATER, SEWER
PLANT BYPASS SERVICE & CORRECTED OPERATOR ERROR; PERFORMED QUARTERLY MAINTENANCE ON WELL 7, 8, 9 & PRISON
May 20, 2026 58058 $ 135.00 LIEBERT CASSIDY WHITMORE GENERAL, WATER, SEWER PROFESSIONAL SERVICES RENDERED APRIL 2026 May 20, 2026 58059 $ 334.83 MENDOTA 1 SMOG GENERAL
POLICE DEPARTMENT VEHICLES - 2024 DODGE M79 - OIL FILTER & MOTOR OIL CHANGE, & 2015 FORD UNIT 83 CLEANING RADIATOR
May 20, 2026 58060 $ 32,709.22 PG&E

GENERAL, WATER, SEWER,
STREETS WATER DEPARTMENT UTILITIES 4/08/2026 - 5/12/2026 May 20, 2026 58061 $ 44,105.17 PG&E CFM/PPC DEPARTMENT WATER AMADOR AVE GAS AND ELECTRIC EXTENSION AGREEMENT May 20, 2026 58062 $ 150,101.46 PROVOST & PRITCHARD GENERAL, SEWER

PROFESSIONAL SERVICES - MENDOTA GENERAL PLAN, HOUSING
ELEMENT, STORMWATER, TPMS, & VESTING MAPS APRIL 2026
May 20, 2026 58063 $ 129.65 ERNEST PACKING SOLUTIONS GENERAL BUILDINGS CLEANING SUPPLIES - (2) KUTOL BIB LOTION SOAP May 20, 2026 58064 $ 1,097.05 SIGNMAX GENERAL PARKS - (5) ALUMINUM SIGNS WITH ANTI - GRAFFITI LAMINATE APPLIED May 20, 2026 58065 $ 2,568.02 UNION PACIFIC RAILROAD COMPANY STREETS (2) WESTSIDE LINE (SJVR)752956L/725957T/752959G PRELIM May 20, 2026 58066 $ 169.22 USA BLUEBOOK WATER
WATER FACILITY DEPARTMENT SUPPLY - (1) 1/4" BLACK POLYETHYLENE

TUBING FOR AIR LINES
May 20, 2026 58067 $ 1,124.30 VERIZON WIRELESS GENERAL, WATER, SEWER CITYWIDE CELLPHONE SERVICES 4/07/2026 - 5/06/2026 May 20, 2026 58068 $ 577.74 VULCAN MATERIALS COMPANY STREETS STREET POTHOLES REPAIRS (5.01 TONS) 3/8" COLD MIX ASPHALT,

INCLUDING ENVIRONMENTAL AGGREGATE & ASPHALT FEE
$ 1,781,137.07

1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CELESTE CABRERA-GARCIA, CITY CLERK
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MENDOTA ON TUESDAY, NOVEMBER 3, 2026,

FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AND REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO TO CONSOLIDATE AND CANVASS THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10400 ET SEQ.; TO PERMIT THE COUNTY

CLERK/REGISTRAR OF VOTERS OF THE COUNTY OF FRESNO TO RENDER SPECIFIED

SERVICES TO THE CITY OF MENDOTA RELATING TO THE CONDUCT OF SAID

GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10002; AND AUTHORIZING REIMBURSEMENT FUNDS TO PAY FOR SAID

SERVICES
DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-27, calling and giving notice of the holding of a General Municipal Election to be held in the City of Mendota on Tuesday, November 3, 2026, for the election of certain officers of said city and requesting the Board of Supervisors of the County of Fresno to consolidate and canvass the General Municipal Election to be held on November 3, 2026 with the Statewide General Election to be held on that date pursuant to California Elections Code Section 10400 et seq.; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Mendota relating to the conduct of said General Municipal Election pursuant to California Elections Code Section 10002; and authorizing reimbursement funds to pay for said services?

BACKGROUND
Due to the small size of the City Clerk’s department and lack of resources available to the City of Mendota (“City”), the City has historically contracted with the Fresno County Clerk/Registrar of Voters to provide the personnel, equipment, and other resources required to manage, count votes, and report the results of local elections.

ANALYSIS
The next Statewide General Election that will be held in Fresno County will take place on Tuesday, November 3, 2026. The City also intends to hold a General Municipal Election on Tuesday, November 3, 2026, for the election of three (3) City Council Members, each for a fouryear (4-year) term. 2 The adoption of the attached resolution will call and order the General Municipal Election, allow consolidation of the Statewide General Election with the General Municipal Election, allow the Fresno County Clerk/Registrar of Voters to take any and all steps necessary to hold the consolidated election, authorize the City to reimburse the Fresno County Clerk/Registrar of Voters for their services, and define certain election requirements.

FISCAL IMPACT
The City will be responsible for reimbursing the Fresno County Clerk/Registrar of Voters for their services rendered, which has historically ranged anywhere from $2,000.00 to $8,000.00.

The funds will be allocated in the General Fund budget for Fiscal Year 2026-2027.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-27, calling and giving notice of the holding of a General Municipal Election to be held in the City of Mendota on Tuesday, November 3, 2026, for the election of certain officers of said city and requesting the Board of Supervisors of the County of Fresno to consolidate and canvass the General Municipal Election to be held on November 3, 2026 with the Statewide General Election to be held on that date pursuant to California Elections Code Section 10400 et seq.; to permit the County Clerk/Registrar of Voters of the County of Fresno to render specified services to the City of Mendota relating to the conduct of said General Municipal Election pursuant to California Elections Code Section 10002; and authorizing reimbursement funds to pay for said services.

Attachment:

1. Resolution No. 26-27
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA CALLING

AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF MENDOTA ON TUESDAY NOVEMBER 3, 2026, FOR

THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AND REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF FRESNO TO CONSOLIDATE AND CANVASS THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10400 ET SEQ.; TO

PERMIT THE COUNTY CLERK/REGISTRAR OF VOTERS OF THE COUNTY OF

FRESNO TO RENDER SPECIFIED SERVICES TO THE CITY OF MENDOTA

RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10002; AND

AUTHORIZING REIMBURSEMENT FUNDS TO PAY FOR SAID SERVICES WHEREAS, the next Statewide General Election to be held in the County of Fresno will take place on November 3, 2026; and
WHEREAS, the City of Mendota intends to call and order a General Municipal Election on Tuesday, November 3, 2026, for the election of three (3) members of the City Council, each for a four-year (4-year) term; and
WHEREAS, it is the desire of the City Council of the City of Mendota to adopt a resolution requesting the Board of Supervisors of the County of Fresno to consolidate said election with the Statewide General Election pursuant to Part 3 of Division 10 of the Elections Code of the State of California (commencing with Section 10400) to be held on the same date and that, within the City of Mendota, the precincts, vote center locations, ballot drop box locations, and election officers of the two (2) elections be the same; the County Clerk/Registrar of Voters canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one (1) election; and WHEREAS, it is the desire of the City Council of the City of Mendota to adopt a Resolution requesting the Board of Supervisors of the County of Fresno to render specified services to the City of Mendota relating to the conduct of a General Municipal Election pursuant to Section 10002 of the Elections Code of the State of California; and WHEREAS, Section 10002 of the Elections Code of the State of California requires the City of Mendota to reimburse the County of Fresno in full for the services performed upon presentation of a bill to the city of Mendota.
2 WHEREAS, The City Council of the City of Mendota has determined that each candidate for elective office who submits a statement to be sent to the voters with the sample ballot shall be charged a sum not greater than the actual prorated cost of printing, handling and translating the candidate’s statement, if any incurred by the agency as a result of providing this service.

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

SECTION 1. A General Municipal Election is called and ordered for the City of Mendota to be held on November 3, 2026, for the purpose of the election of three (3) members of the City Council, each for a four-year (4-year) term.

SECTION 2. Pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Fresno is hereby requested to consent and agree to the consolidation of the General Municipal Election and the Statewide General Election on November 3, 2026.

SECTION 3. In accordance with the provisions of Section 10403 of the Elections Code of the State of California, the City Council of the City of Mendota acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election pursuant to Section 10418 of the Elections Code of the State of California.

SECTION 4. The Board of Supervisors of the County of Fresno is requested to direct the County Clerk/Registrar of Voters to take any and all steps necessary for and related to the holding of the consolidated election in a manner consistent with law, including, without limitation: the provision of all election materials and equipment; publication of notices; the hiring, training and supervision of election officers and other election personnel; the printing and distribution of ballot materials; the translation of ballot materials; the collection of submitted ballots; the tallying and canvassing of votes; and the certification of election results.

SECTION 5. Pursuant to Section 10002 of the Elections Code of the State of California, the City Council of the City of Mendota authorizes reimbursement to the County of Fresno in full for the services to be performed as herein requested and that said sum be paid to the County of Fresno upon demand and presentation of a bill to the City of Mendota.

SECTION 6. The candidate shall, if he/she elects to submit a statement, of no more than 200 words, to be included with the sample ballot and sent to the registered voters, pay all costs associated with said election statement; Pursuant to California Elections Code Section 13307, the candidate is required to make an estimated pre-payment to the County at the time the candidate files the nomination papers. 3 ______________________________
Victor Martinez, Mayor
ATTEST:

I, Celeste Cabrera-Garcia, City Clerk of the City of Mendota, do hereby certify that the foregoing resolution was duly adopted and passed by the City Council at a regular meeting of said Council, held at the Mendota City Council Chambers located at 725 Riofrio Street, Mendota, California 93640, on the 2nd day of June, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: JEFFREY O’NEAL, AICP, CITY PLANNER
BY: SONIA HO, ASSISTANT CITY PLANNER
SUBJECT: AMENDMENT TO THE CITY OF MENDOTA SPHERE OF INFLUENCE DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-28, forwarding a request to the Fresno Local Agency Formation Commission (“LAFCo”) to initiate an amendment to amend the City of Mendota Sphere of Influence (“SOI”)?

BACKGROUND
The Public Works and Planning Department has received a request for a Sphere of Influence (“SOI”) amendment associated subdivision map proposal involving portions of Assessor’s Parcel Numbers (“APNs”) 012-190-25ST and 012-160-25ST, totaling approximately 53.43 acres, located north of Belmont Avenue and west of Amador Avenue. The subject properties are currently located outside of the City of Mendota (“City”) limits and outside of the City’s adopted SOI. An SOI amendment is required in order to facilitate potential future consideration of annexation and prezoning. In order to accommodate potential future annexation beyond the current proposed development, although none is proposed at this time, the City proposes to expand its SOI by approximately 697.5 acres generally bounded by Belmont Avenue, the Main Lift Canal, and the Los Angeles Avenue alignment as shown in the 2025 General Plan Land Use Map.

ANALYSIS
The SOI amendment request is associated with Vesting Tentative Subdivision Map (“VTSM”) Tract No. 6541, submitted by Yamabe & Horn Engineering, Inc., which includes portions of Assessor’s Parcel Numbers (APNs) 012-190-25ST and 012-160-25ST, totaling approximately

53.43 acres, located north of Belmont Avenue and west of Amador Avenue. The project site is currently located outside of the City limits and outside of the City’s adopted SOI and is undergoing the City’s discretionary review process. As part of the SOI amendment application, the City also intends to include properties located on the northwest side of Belmont Avenue, as depicted in the 2025 General Plan Land Use Map, in order to support a more logical and contiguous SOI boundary.

Approval of the proposed Resolution would initiate the SOI amendment process and authorize staff to prepare and submit the necessary application materials to Fresno County LAFCo. The proposed action does not approve Tract No. 6541, annexation, prezoning, or development of the project, all of which would require separate review and approval by the City Council at future public hearings.
2 Pursuant to Government Code Section 56430, Fresno LAFCo may require preparation of a Municipal Service Review (“MSR”) in conjunction with the proposed SOI amendment application. Evaluation of municipal service capabilities, service demand, and related infrastructure considerations will occur as part of the LAFCo review process.

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 the issuance to a person of a “lease, permit, license, certificate, or other entitlement for use” as described in CEQA Guidelines Section 15378.

The proposed SOI amendment is a discretionary action subject to CEQA review. The SOI amendment would expand the City’s adopted Sphere of Influence to include additional territory, which could facilitate future urban development. However, the SOI amendment itself does not authorize development, annexation, prezoning, or any physical change to the environment.

The proposed SOI amendment area was analyzed in the City of Mendota General Plan Environmental Impact Report (“EIR”). Pursuant to CEQA Guidelines Section 15183, projects that are consistent with a Community Plan, General Plan, or Zoning for which an EIR has been certified do not require additional environmental review for effects that were adequately analyzed in the prior EIR, unless there are project-specific impacts peculiar to the project or previously unstudied significant effects.

FISCAL IMPACT
The impact of expanding the SOI would be minimal at the time the Sphere of Influence is changed.

Pursuant to Government Code Section 56430, Fresno LAFCo may require preparation of a Municipal Service Review (“MSR”) in conjunction with the proposed SOI amendment application. The MSR will evaluate the City’s ability to provide municipal services, projected service demands, and related fiscal and infrastructure considerations as part of the LAFCo review process.

RECOMMENDATION
Staff recommends that the City Council adopts Resolution No. 26-28, making a finding of exemption under CEQA Guidelines Section 15183 and forwaring a request to amend its SOI to Fresno LAFCo.

Attachments:

1. SOI Amendment Boundary

2. Resolution No. 26-28
3 Attachment 1: SOI Amendment Boundary
4 Attachment 2: Resolution No. 26-28

BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA REQUESTING

THAT THE FRESNO LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS TO AMEND THE CITY OF MENDOTA’S ADOPTED SPHERE OF

INFLUENCE
WHEREAS, at a meeting on June 2, 2026, the City Council did consider expansion of the City of Mendota (“City”) Sphere of Influence proposed pursuant to Chapter 4 of the Local Government Reorganization Act of 2000; and
WHEREAS, a Sphere of Influence is the boundary adopted by the Fresno Local Agency Formation Commission that designates a municipality’s probable future urban area within which annexations to the City can take place; and WHEREAS, said proposal consists of the addition of parcels generally located north of West Belmont Avenue, south of the Main Lift Canal, and east of the Los Angeles Avenue alignment and comprising approximately 697.5 acres; and WHEREAS, an illustration of the proposed boundaries is set forth in Exhibit “A” hereto, and a map and written description accurately depicting said territory shall be forwarded to the Local Agency Formation Commission of Fresno County upon application; and
WHEREAS, City staff has determined that the Project is consistent with the City’s General Plan and General Plan Environmental Impact Report and is absolved of further environmental review under the California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines section 15183; and
WHEREAS, prior to annexations proposed in the Sphere of Influence amendment area, the City shall demonstrate that it has sufficient capacity to provide urban services to the annexation project area.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota approves the submittal of an application to the Fresno County Local Agency Commission, requesting the amendment to the Sphere of Influence to be conducted pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. ______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
Exhibit “A”
Resolution No. 26-28
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR THE ENGINEERING MANAGEMENT SERVICES FOR THE 2026 REPORT UPDATE FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2019-01 DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-29, approving the Proposal from Precision Civil Engineering, Inc. for the Engineering Management Services for the 2026 Report update for Landscape and Lighting Maintenance District No. 2019-01?

BACKGROUND
At its regular meeting on July 9, 2019, the City Council adopted Resolution No. 19-48 establishing Landscape and Lighting Maintenance District No. 2019-01 (“LLMD 2019-01” or the “District”) to fund landscape maintenance and park lighting operation costs associated with Tract 6218 (La Colonia), pursuant to the Landscape and Lighting Act of 1972.

The improvements within the District were accepted by the City in phases, including the interior park improvements in February 2021, the Barboza Street landscape improvements in May 2021, and the Bass Avenue landscaping on April 12, 2022. Since acceptance, the City has been responsible for ongoing maintenance and operational costs within the District.

Pursuant to California Streets and Highways Code §22565 et seq., the City is required to annually prepare and levy assessments necessary to fund District maintenance activities. Section 22566 of the Streets and Highways Code further requires preparation of an Engineer’s Report for each fiscal year in which assessments are levied.

ANALYSIS
The approval of the proposal will authorize preparation of the Fiscal Year 2026/2027 Engineer’s Report for LLMD 2019-01. As part of this process, the City’s engineering consultant will evaluate current District maintenance costs, revenues, and assessment rates to ensure compliance with applicable State requirements.

Staff anticipates completion of the Engineer’s Report and Resolution of Intention to Levy Assessments by June 30, 2026, for City Council consideration on July 7, 2026. Following approval, the required public noticing process will occur, with the public hearing for consideration of the annual assessment levy scheduled for August 4, 2026. 2 The proposal from the City Engineer, Precision Civil Engineering, Inc. has been reviewed and it is comprehensive to meet the current needs of the City.

FISCAL IMPACT
The fees for the Engineering Management Services for the 2026 Report update for Landscape and Lighting Maintenance District No. 2019-01 will be paid through LLMD funds in the amount of $7,500.00.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-29, approving the Proposal from Precision Civil Engineering, Inc. for the Engineering Management Services for the 2026 Report update for Landscape and Lighting Maintenance District No. 2019-01.

Attachments:

1. Resolution No. 26-29

2. Exhibit “A” - Proposal submitted by Precision Civil Engineering, Inc. 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR ENGINEERING MANAGEMENT SERVICES FOR THE 2026 REPORT UPDATE FOR LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2019-01 WHEREAS, on July 9, 2019, the City Council adopted Resolution No. 19-48 establishing Landscape and Lighting Maintenance District No. 2019-01 (“LLMD 2019- 01” or the “District”) to fund landscape maintenance and park lighting operation costs associated with Tract 6218 (La Colonia), pursuant to the Landscape and Lighting Act of 1972; and
WHEREAS, the improvements within the District were accepted in phases, including interior park improvements in February 2021, Barboza Street landscape improvements in May 2021, and Bass Avenue landscaping on April 12, 2022, after which the City assumed responsibility for ongoing maintenance and operational costs; and
WHEREAS, pursuant to California Streets and Highways Code §22565 et seq., the City is required to annually prepare and levy assessments necessary to fund District maintenance activities, and Section 22566 requires preparation of an Engineer’s Report for each fiscal year in which assessments are levied; and WHEREAS, the City desires to retain Precision Civil Engineering, Inc., the City’s contract City Engineer, to provide engineering management services for the preparation of the Fiscal Year 2026/2027 Engineer’s Report for LLMD 2019-01; and WHEREAS, Precision Civil Engineering, Inc. submitted a proposal to provide said services in the amount of $7,500.00, which has been reviewed by City staff and determined to be comprehensive and in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Proposal submitted by Precision Civil Engineering, Inc. for Engineering Management Services for the 2026 Report Update for Landscape and Lighting Maintenance District No. 2019-01 is hereby approved in substantially the form attached hereto as Exhibit “A,” respectively, and that the City Manager, or their designee, is hereby authorized to execute all documents required to effect the proposal and to execute all documents necessary.
______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
PCE PROPOSAL #25-275.005.0 5/6/2026
City of Mendota
Cristian Gonzalez - City Manager
643 Quince Steet
Mendota, CA 93640
5/6/2026, PCE PROPOSAL #25-275.005.0

I. PROJECT UNDERSTANDING
Precision Civil Engineering, Inc. (PCE) is pleased to provide this proposal for engineering management services for the Landscape and Lighting Maintenance District (LLMD) 2026 report update. The City Engineer and City Manager shall coordinate and administer all activities associated with the City’s Landscape and Lighting Maintenance District (LLMD) in accordance with applicable laws and regulations, including the California Proposition 218.

This scope of work includes preparation and/or oversight of the annual Engineer’s Report, verification of assessment calculations, coordination of district boundaries and benefit areas, and compliance with noticing and public hearing requirements. The City Engineer shall provide technical analysis, cost estimates, and assessment methodologies, while the City Manager shall oversee administrative processes, budget integration, and City Council coordination.

II. SCOPE OF BASIC SERVICES

1. Project Initiation & Data Collection
Review existing LLMD boundaries, prior Engineer’s Reports, and current cost data; confirm scope of maintenance and improvements.

2. Draft Engineer’s Report Preparation
Prepare the draft Engineer’s Report outlining assessment methodology, benefit zones, and proposed assessments.

3. Internal Review & Coordination
City Engineer and City Manager review report for accuracy, budget alignment, and compliance requirements.

4. City Council – Initiation of Proceedings
Present draft Engineer’s Report and adopt resolution initiating LLMD proceedings and setting public hearing date.

5. Public Hearing
Conduct public hearing to receive protests and public input regarding proposed assessments.

6. City Council Approval
Adopt final Engineer’s Report and approve annual assessment levy. 1234 O Street ∙ Fresno, CA 93721 ∙ Phone (559) 449-4500 ∙ Fax (559) 449-4515 PCE PROPOSAL #25-275.005.0 5/6/2026

7. County Submittal
Submit assessment roll to the County Auditor for inclusion on property tax bills.

8. Implementation & Ongoing Administration
Oversee maintenance activities, track expenditures, respond to inquiries, and prepare for next annual cycle.

TOTAL COST OF ABOVE SERVICES………………………………. $7,500 (T&M as Necessary)

III. RESPONSIBILITY OF CLIENT
• Timely review and direction
• Public Noticing & Outreach Authorization
• County Coordination & Submittal Authorization
IV. WARRANTY AND LIABILITY

Any service deleted from this proposal by the Client will become the responsibility of the Client.

The warranty and liability of this proposal is subject to the attached Schedule of Conditions.

All information gathered during the study by Precision Civil Engineering, Inc. is considered confidential and will be released only upon written authorization of the client or as required by law.

California law requires a person to inform the State if a situation is encountered that can be considered an immediate endangerment to the public's health or welfare and/or to the environment. Therefore, the client will be contractually bound to make any said disclosures in lieu of Precision Civil Engineering, Inc., its owners, principals, employees or subcontractors. Following acceptance of this proposal, as a condition to terminating any portion of the services described in this proposal prior to such services being provided by Precision Civil Engineering, Inc., Client must first pay in full at the contracted rate for all services performed by Precision Civil Engineering, Inc. through the effective date of the termination.

PCE PROPOSAL #25-275.005.0 5/6/2026
VII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED:
(This proposal shall be good for 30 days after proposal date) PRECISION CIVIL ENGINEERING, INC.
___________________________________________ Date:_____________ Edward D. Dunkel, Jr., President

CLIENT COMPANY
____________________________________________ Date: _____________ Cristian Gonzalez, City Manager

PCE PROPOSAL #25-275.005.0 5/6/2026
Client Accounts Payable Information Request Sheet
Thank you for considering/accepting our proposal. To ensure a smooth and efficient invoicing and payment process, please complete the following form with your Accounts Payable information and preferences.

This will help us tailor our invoicing to your needs and avoid any delays in processing.

Client Information
• Company Name:
• Primary Contact for Accounts Payable:
• Email Address for Invoices:
• Phone Number:
• Mailing Address (if required for invoicing):

Invoicing Preferences

1. Preferred Method of Invoice Delivery (check one):
☐ Email
☐ Mail
☐ Upload to Payment Portal (please provide link):
☐ Other:

2. Are Purchase Orders (POs) Required?
☐ Yes
☐ No
If yes, please provide any necessary instructions or PO contact info:

3. Is a Conditional Release Wavier Required:
☐ Yes
☐ No

4. Billing Contact (if different from AP Contact):

Name:

Email:

Payment Schedule & Policies

5. Standard Payment Terms (e.g., Net 30):

6. Is there a monthly cutoff date for invoice submissions to be included in that month’s payment cycle?
☐ Yes – Cutoff Date:
☐ No

7. Typical Payment Run Dates (if known):

8. Preferred Remittance Method:
☐ Check
PCE PROPOSAL #25-275.005.0 5/6/2026
☐ ACH/Direct Deposit (please attach remittance instructions or banking details) ☐ Other:

9. Do you need a W-9 sent?
☐ Yes
☐ No
Additional Notes / Requirements
Please let us know if there are any special invoice instructions, tax exemption forms, or documentation required with each invoice:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR

ENGINEERING DESIGN SERVICES FOR THE NAPLES STREET RECONSTRUCTION

PROJECT
DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-30, approving the Proposal from Precision Civil Engineering, Inc. for Engineering Design Services for the Naples Street Reconstruction Project?

BACKGROUND
The Naples Street Reconstruction Project is intended to address significant roadway, drainage, and accessibility deficiencies along Naples Street between 5th Street and 8th Street in the City of Mendota (“City”). Located on the east side of the City within the industrial area, Naples Street experiences frequent heavy truck traffic that has caused severe pavement deterioration and roadway failure over time.

In addition to the deteriorated pavement conditions, the corridor experiences inadequate drainage, particularly between 7th Street and 8th Street, where poor stormwater runoff contributes to ongoing pavement damage. The project area also contains several pedestrian infrastructure deficiencies, including sidewalk gaps, damaged curb and gutter, deteriorated drive approaches, and curb ramps that are not compliant with current Americans with Disabilities Act (“ADA”) standards.

ANALYSIS
The proposed project will include pavement reconstruction of Naples Street from 5th Street to 8th Street utilizing a conventional pavement section with geogrid reinforcement to improve roadway performance under heavy truck traffic. Improvements will also include curb and gutter reconstruction, ADA curb ramp upgrades, sidewalk reconstruction, and installation of missing sidewalk segments to improve drainage, safety, and accessibility throughout the corridor.

To advance the project into design, the City proposes to retain Precision Civil Engineering, Inc. to provide professional engineering design services for the Naples Street Reconstruction Project.

The proposal from the City Engineer, Precision Civil Engineering, Inc., has been reviewed and it is comprehensive to meet the current needs of the City. 2 FISCAL IMPACT
The total amount of professional design services for the project is $110,200.00. The fees for the professional design services will be paid using the local matching funds for the 2025/2026 Surface Transportation Block Grant Funding that will be used for construction. This project will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-30, approving the Proposal from Precision Civil Engineering, Inc. for Engineering Design Services for the Naples Street Reconstruction Project.

Attachments:

1. Site Exhibit

2. Resolution No. 26-30

SHEET NUMBER:

JOB NUMBER: PROJECT TITLE: SHEET DESCRIPTION: CITY OF: COUNTY OF:

REVISIONS
DRAWN BY:

CHECKED BY:

DATE: PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET ###
#### #
5/26/2026
###
### ############# ############### ############ ########################### ######### ########### #### ############# 0 20' 40' 80' SCALE 1" = 40'
VERT. SCALE: 1"=
PROFILE:
4'
9th Street 6th Street 7th Street 8th Street 10th Street 5th Street Pavement Failure ADA Upgrades NAPLES STREET RECONSTRUCTION EXHIBIT A 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR

ENGINEERING DESIGN SERVICES FOR THE NAPLES STREET

RECONSTRUCTION PROJECT
WHEREAS, the City of Mendota (“City”) desires to complete the Naples Street Reconstruction Project along Naples Street between 5th Street and 8th Street to improve roadway conditions, correct drainage deficiencies, and enhance accessibility improvements within the project corridor; and
WHEREAS, the City desires to retain Precision Civil Engineering, Inc., the City’s contract City Engineer, to provide professional engineering design services for the project; and
WHEREAS, Precision Civil Engineering, Inc. submitted a proposal to provide said engineering design services in the amount of $110,200.00, which has been reviewed by City staff and determined to be comprehensive and in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Proposal submitted by Precision Civil Engineering, Inc. for Engineering Design Services for the Naples Street Reconstruction Project is hereby approved in substantially the form attached hereto as Exhibit “A,” respectively, and that the City Manager, or their designee, is hereby authorized to execute all documents required to effect the proposal and to execute all documents necessary. ______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
PCE PROPOSAL #25-275.002.0 5/15/2026
City of Mendota
Cristian Gonzalez - City Manager
643 Quince Steet
Mendota, CA 93640
5/15/2026, PCE PROPOSAL #25-275.002.0

I. PROJECT UNDERSTANDING
Precision Civil Engineering, Inc. (PCE) is pleased to provide this proposal for engineering design services for the Naples Street Reconstruction Project. The proposed project will include pavement reconstruction of Naples Ave from 5th St to 8th St, utilizing conventional pavement section to include the use of geogrid. This project also includes the addition, and replacement of the storm drain system located between 7th and 8th Street to eliminate the poor/lack of drainage which contributes to the deteriorating pavement condition. Sidewalk gaps along both sides of this segment will be filled and curb and gutter will be replaced to facilitate upgrades and the reconstruction of curb ramps, sidewalk, and drive approaches that are in poor condition or not compliant with current accessibility standards.

II. SCOPE OF BASIC SERVICES

1. Topographic Survey & Base Mapping
Preparation of topographic base mapping & monument preservation along the project corridor to support design.

Subtotal Cost for Task 1…………………………………………………………………………………...$17,500

2. Design and Engineering Services
a. Project Management and Coordination
Provide project management for the roadway design, including coordination among stakeholders, client communication, and oversight to ensure deliverables are completed on time and in accordance with project requirements. b. Data Collection and Review
Review available record drawings, perform site visits, identify all existing utilities. c. Geotechnical Report
Prepare a geotechnical report for the pavement reconstruction project, including evaluation of subsurface conditions and development of pavement section recommendations incorporating geogrid reinforcement.
d. Improvement Plans (PS&E)
• Plans for Bidding
o Construction Plans: Title Sheet, Demolition Plan, Site Plan, Grading Plan, Detail Sheets
o Project Specifications
o Opinion of Probable Construction Cost (OPCC)
1234 O Street ∙ Fresno, CA 93721 ∙ Phone (559) 449-4500 ∙ Fax (559) 449-4515 PCE PROPOSAL #25-275.002.0 5/15/2026
e. Traffic Control Plans
Prepare traffic control plans as required for construction within public right-of-way. f. Bidding Support
Support during bidding, including project advertisement, RFI response, prepare necessary addenda, manage bid opening.

Subtotal Cost for Task 2…………………………………………………………………………………...$92,700 TOTAL COST OF ABOVE SERVICES………………………………………………...$110,200

III. RESPONSIBILITY OF CLIENT
• Available data and record drawings
• Access to project site
• Timely review and direction
• Utility and agency coordination (as applicable)
• Permit, fees, and third party costs

IV. WARRANTY AND LIABILITY

Any service deleted from this proposal by the Client will become the responsibility of the Client.

The warranty and liability of this proposal is subject to the attached Schedule of Conditions.

All information gathered during the study by Precision Civil Engineering, Inc. is considered confidential and will be released only upon written authorization of the client or as required by law.

PCE PROPOSAL #25-275.002.0 5/15/2026
VII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED:
(This proposal shall be good for 30 days after proposal date) PRECISION CIVIL ENGINEERING, INC.
___________________________________________ Date:_____________ Edward D. Dunkel, Jr., President

CLIENT COMPANY
____________________________________________ Date: _____________ Cristian Gonzalez, City Manager

Client Accounts Payable Information Request Sheet
PCE PROPOSAL #25-275.002.0 5/15/2026
Thank you for considering/accepting our proposal. To ensure a smooth and efficient invoicing and payment process, please complete the following form with your Accounts Payable information and preferences.

This will help us tailor our invoicing to your needs and avoid any delays in processing.

Client Information
• Company Name:
• Primary Contact for Accounts Payable:
• Email Address for Invoices:
• Phone Number:
• Mailing Address (if required for invoicing):

Invoicing Preferences

1. Preferred Method of Invoice Delivery (check one):
☐ Email
☐ Mail
☐ Upload to Payment Portal (please provide link):
☐ Other:

2. Are Purchase Orders (POs) Required?
☐ Yes
☐ No
If yes, please provide any necessary instructions or PO contact info:

3. Is a Conditional Release Wavier Required:
☐ Yes
☐ No

4. Billing Contact (if different from AP Contact):

Name:

Email:

Payment Schedule & Policies

5. Standard Payment Terms (e.g., Net 30):

6. Is there a monthly cutoff date for invoice submissions to be included in that month’s payment cycle?
☐ Yes – Cutoff Date:
☐ No

7. Typical Payment Run Dates (if known):

8. Preferred Remittance Method:
☐ Check
☐ ACH/Direct Deposit (please attach remittance instructions or banking details) ☐ Other:

9. Do you need a W-9 sent?
PCE PROPOSAL #25-275.002.0 5/15/2026
☐ Yes
☐ No
Additional Notes / Requirements
Please let us know if there are any special invoice instructions, tax exemption forms, or documentation required with each invoice:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR

ENGINEERING DESIGN SERVICES FOR THE MENDOTA ALLEY REPAVING PROJECT DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-31, approving the Proposal from Precision Civil Engineering, Inc. for the Engineering Design Services for the Mendota Alley Repaving Project?

BACKGROUND
Multiple alleys within the northeast residential area of the City of Mendota (“City”) remain unpaved. These conditions contribute to ongoing maintenance concerns and generate elevated levels of dust and particulate matter, including PM10 and PM2.5, which impact nearby residents and overall air quality.

The affected alleys are located within an older portion of the City where roadway infrastructure has not yet been fully improved. As a result, these unpaved surfaces continue to present operational and environmental challenges.

ANALYSIS
The Mendota Alley Repaving Project proposes to address these conditions by paving approximately 0.65 miles of existing dirt alleys and rehabilitating localized deteriorated pavement sections between Marie Street and Inez Street, and from Divisadero Street to 9th Street.

Improvements will include hot mix asphalt paving, concrete ribbon gutters, and concrete alley approaches to improve durability, access, and drainage, while also reducing dust generation associated with unpaved travel surfaces.

The project is being advanced for funding consideration under the Congestion Mitigation and Air Quality Improvement (“CMAQ”) Program, which supports projects that reduce transportationrelated emissions. The proposed improvements are consistent with the program’s objective of reducing PM10 and PM2.5 emissions.

To move the project into design and construction readiness, the City proposes to retain Precision Civil Engineering, Inc. to provide professional engineering design services. The consultant’s scope of work will support preparation of plans, specifications, and cost estimates necessary for project delivery and compliance with funding requirements. 2 FISCAL IMPACT
The total amount of professional design services for the project is $226,000.00. The fees for the professional design services will be paid using the local matching funds for the Congestion Mitigation and Air Quality Imp. Program (CMAQ) Grant Funding that will be used for construction. This project will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-31, approving the Proposal from Precision Civil Engineering, Inc. for the Engineering Design Services for the Mendota Alley Repaving Project.

Attachments:

1. Site Exhibit

2. Resolution No. 26-31

SHEET NUMBER:

JOB NUMBER: PROJECT TITLE: SHEET DESCRIPTION: CITY OF: COUNTY OF:

REVISIONS
DRAWN BY:

CHECKED BY:

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR

ENGINEERING DESIGN SERVICES FOR THE MENDOTA ALLEY REPAVING

PROJECT
WHEREAS, multiple alleys within the northeast residential area of the City of Mendota (“City”) remain unpaved, contributing to maintenance concerns and elevated levels of dust and particulate matter affecting nearby residents; and WHEREAS, the Mendota Alley Repaving Project proposes to pave approximately 0.65 miles of existing dirt alleys and rehabilitate localized pavement sections between Marie Street and Inez Street and from Divisadero Street to 9th Street; and
WHEREAS, the City desires to retain Precision Civil Engineering, Inc., the City’s contract City Engineer, to provide professional engineering design services for the project; and
WHEREAS, Precision Civil Engineering, Inc. submitted a proposal to provide said engineering design services in the amount of $226,000.00, which has been reviewed by City staff and determined to be comprehensive and in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Proposal submitted by Precision Civil Engineering, Inc. for Engineering Design Services for the Mendota Alley Repaving Project is hereby approved in substantially the form attached hereto as Exhibit “A,” respectively, and that the City Manager, or their designee, is hereby authorized to execute all documents required to effect the proposal and to execute all documents necessary. ______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
PCE PROPOSAL #25-275.004.0 5/14/2026
City of Mendota
Cristian Gonzalez - City Manager
643 Quince Steet
Mendota, CA 93640
5/14/2026, PCE PROPOSAL #25-275.004.0

I. PROJECT UNDERSTANDING
Precision Civil Engineering, Inc. (PCE) is pleased to provide this proposal for engineering design services for the Alley Repaving Project (CMAQ). The City of Mendota is proposing a targeted alley improvement program to address existing unpaved alleyways within its older developed neighborhoods, with a primary focus on the residential northeast area of the City. Of the approximately 64 alleys citywide, a significant portion—particularly within this project area—remain unpaved and contribute to elevated dust levels and associated air quality concerns.

This project will include the paving of approximately 0.65 miles of currently unpaved alleys, specifically identified as Alleys 5K, 6K, 7K, 5J, 7J, 6I, 7I, and 6L, located between Marie Street and Inez Street and from Divisadero Street to 9th Street. Improvements will consist of Hot Mix Asphalt (HMA) paving, construction of concrete ribbon gutters, installation of alley approaches where none currently exist, and rehabilitation of localized deteriorated pavement sections. These enhancements are intended to improve accessibility, drainage, and long-term durability of the alley network.

From an engineering perspective, the project is expected to deliver meaningful environmental and community benefits, including a substantial reduction in PM10 and PM2.5 particulate emissions and overall dust levels impacting nearby residents. The proposed design will focus on developing practical, low-maintenance solutions that align with the City’s operational capabilities while improving public health outcomes and neighborhood quality.

II. SCOPE OF BASIC SERVICES

1. Topographic Survey & Base Mapping
Preparation of topographic base mapping along the project corridor to support design.

Subtotal Cost for Task 1…………………………………………………………………………………...$31,000

2. Design and Engineering Services
a. Project Management and Coordination
Provide project management for the alley repaving design, including coordination among stakeholders, client communication, and oversight to ensure deliverables are completed on time and in accordance with project requirements. b. Data Collection and Review
Review available record drawings, perform site visits, process GIS data, identify all existing utilities within project area.
1234 O Street ∙ Fresno, CA 93721 ∙ Phone (559) 449-4500 ∙ Fax (559) 449-4515 PCE PROPOSAL #25-275.004.0 5/14/2026
c. Improvement Plans (PS&E)
• Plans for Bidding
o Construction Plans: Title Sheet, Demolition Plan, Site Plan, Grading Plan, Detail Sheets
o Project Specifications
o Opinion of Probable Construction Cost (OPCC)
d. Traffic Control Plans
Prepare traffic control plans as required for construction within public right-of-way. e. Bidding Support
Support during bidding, including project advertisement, RFI response, prepare necessary addenda, manage bid opening.

Subtotal Cost for Task 2…………………………………………………………………………………...$195,000 TOTAL COST OF ABOVE SERVICES………………………………….……...$226,000 (Fixed Fee)

IV. WARRANTY AND LIABILITY

Any service deleted from this proposal by the Client will become the responsibility of the Client.

The warranty and liability of this proposal is subject to the attached Schedule of Conditions.

All information gathered during the study by Precision Civil Engineering, Inc. is considered confidential and will be released only upon written authorization of the client or as required by law.

PCE PROPOSAL #25-275.004.0 5/14/2026
VII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED:
(This proposal shall be good for 30 days after proposal date) PRECISION CIVIL ENGINEERING, INC.
___________________________________________ Date:_____________ Edward D. Dunkel, Jr., President

CLIENT COMPANY
____________________________________________ Date: _____________ Cristian Gonzalez, City Manager

PCE PROPOSAL #25-275.004.0 5/14/2026
Client Accounts Payable Information Request Sheet
Thank you for considering/accepting our proposal. To ensure a smooth and efficient invoicing and payment process, please complete the following form with your Accounts Payable information and preferences.

This will help us tailor our invoicing to your needs and avoid any delays in processing.

Client Information
• Company Name:
• Primary Contact for Accounts Payable:
• Email Address for Invoices:
• Phone Number:
• Mailing Address (if required for invoicing):

Invoicing Preferences

1. Preferred Method of Invoice Delivery (check one):
☐ Email
☐ Mail
☐ Upload to Payment Portal (please provide link):
☐ Other:

2. Are Purchase Orders (POs) Required?
☐ Yes
☐ No
If yes, please provide any necessary instructions or PO contact info:

3. Is a Conditional Release Wavier Required:
☐ Yes
☐ No

4. Billing Contact (if different from AP Contact):

Name:

Email:

Payment Schedule & Policies

5. Standard Payment Terms (e.g., Net 30):

6. Is there a monthly cutoff date for invoice submissions to be included in that month’s payment cycle?
☐ Yes – Cutoff Date:
☐ No

7. Typical Payment Run Dates (if known):

8. Preferred Remittance Method:
☐ Check
PCE PROPOSAL #25-275.004.0 5/14/2026
☐ ACH/Direct Deposit (please attach remittance instructions or banking details) ☐ Other:

BACKGROUND
The 7th Street Rehabilitation Project is intended to address significant roadway, accessibility, and multimodal transportation deficiencies along 7th Street between Unida Street and Naples Street within the City of Mendota. 7th Street serves as a major collector roadway through the center of the City, providing critical access between State Route 33 and State Route 180 while supporting residential, commercial, and industrial traffic.

Existing pavement conditions along the corridor have substantially deteriorated over time due to age and traffic loading. Portions of the roadway currently have a Pavement Condition Index (“PCI”) as low as 28, indicating failed pavement conditions requiring full reconstruction, while other segments require rehabilitation treatments to preserve the remaining pavement life.

ANALYSIS
The proposed project will address the conditions described above and will include full pavement reconstruction of 7th Street from Unida Street to Stamoules Street and from Oller Street to Naples Street utilizing a conventional pavement section with geogrid stabilization to improve long-term roadway durability. Additional improvements will include crack seal and slurry seal treatments in select roadway segments, replacement of damaged curb and gutter, reconstruction of noncompliant curb ramps, sidewalk and drive approach improvements, valley gutter reconstruction, and other concrete improvements necessary to meet current accessibility standards.

The project will also include installation of a new Class II bike lane along 7th Street to improve bicycle connectivity between the existing bicycle facilities on State Route 33 and State Route 180 and enhance multimodal safety throughout the corridor.

To advance the project into design and construction readiness, the City proposes to retain Precision Civil Engineering, Inc. to provide professional engineering design services for the 7th Street Rehabilitation Project. The proposal from the City Engineer, Precision Civil Engineering, Inc. has been reviewed and it is comprehensive to meet the current needs of the City. 2 FISCAL IMPACT
The total amount of professional design services for the project is $119,500.00. The fees for the professional design services will be paid using the local matching funds for the 2025/2026 Surface Transportation Block Grant Funding that will be used for construction. This project will not impact the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-32, approving the Proposal from Precision Civil Engineering, Inc. for Engineering Design Services for the 7th Street Rehabilitation Project.

Attachments:

1. Site Exhibit

2. Resolution No. 26-32

SHEET NUMBER:

JOB NUMBER: PROJECT TITLE: SHEET DESCRIPTION: CITY OF: COUNTY OF:

REVISIONS
DRAWN BY:

CHECKED BY:

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR ENGINEERING DESIGN SERVICES FOR THE 7th STREET REHABILITATION

PROJECT
WHEREAS, the 7th Street Rehabilitation Project is intended to address significant roadway, accessibility, and multimodal transportation deficiencies along 7th Street between Unida Street and Naples Street within the City of Mendota (“City”); and WHEREAS, 7th Street serves as a major collector roadway providing critical access between State Route 33 and State Route 180 while supporting residential, commercial, and industrial traffic; and
WHEREAS, existing pavement conditions along the corridor have substantially deteriorated over time, with portions of the roadway having a Pavement Condition Index (PCI) as low as 28, indicating failed pavement conditions requiring full reconstruction; and
WHEREAS, the City desires to retain Precision Civil Engineering, Inc., the City’s contract City Engineer, to provide professional engineering design services for the project; and
WHEREAS, Precision Civil Engineering, Inc. submitted a proposal to provide said engineering design services in the amount of $119,500.00, which has been reviewed by City staff and determined to be comprehensive and in the best interest of the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Proposal submitted by Precision Civil Engineering, Inc. for Engineering Design Services for the 7th Street Rehabilitation Project is hereby approved in substantially the form attached hereto as Exhibit “A,” respectively, and that the City Manager, or their designee, is hereby authorized to execute all documents required to effect the proposal and to execute all documents necessary. ______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
PCE PROPOSAL #25-275.003.0 5/15/2026
City of Mendota
Cristian Gonzalez - City Manager
643 Quince Steet
Mendota, CA 93640
5/15/2026, PCE PROPOSAL #25-275.003.0

I. PROJECT UNDERSTANDING
Precision Civil Engineering, Inc. (PCE) is pleased to provide this proposal for engineering design services for the 7th Street Rehabilitation Project. The proposed project will include full reconstruction of 7th St from Unida St to Stamoules Street and from Oller St (State Route 180) to Naples Street. A conventional pavement section will be utilized to include the use of geogrid. This type of section has been successfully utilized in other street reconstruction projects within the City. Concrete curb and gutter will be replaced to facilitate upgrades and/or installation of curb ramps, valley gutters, alley and drive approaches that are in poor condition or not compliant with current accessibility standards.

In addition, a Class II Bike Lane will be constructed, connecting the existing bike lanes on SR33 (Derrick Avenue) and SR180 (Oller Street).

II. SCOPE OF BASIC SERVICES

1. Topographic Survey & Base Mapping
Preparation of topographic base mapping along the project corridor to support design.

Subtotal Cost for Task 1…………………………………………………………………………………...$17,500

2. Design and Engineering Services
a. Project Management and Coordination
Provide project management for the roadway design, including coordination among stakeholders, client communication, and oversight to ensure deliverables are completed on time and in accordance with project requirements. b. Data Collection and Review
Review available record drawings, perform site visits, process GIS data, identify all existing utilities within project area.
c. Geotechnical Report
Prepare a geotechnical report for the pavement reconstruction project, including evaluation of subsurface conditions and development of pavement section recommendations incorporating geogrid reinforcement.
d. Improvement Plans (PS&E)
• Plans for Bidding
o Construction Plans: Title Sheet, Demolition Plan, Site Plan, Grading Plan, Detail Sheets
1234 O Street ∙ Fresno, CA 93721 ∙ Phone (559) 449-4500 ∙ Fax (559) 449-4515 PCE PROPOSAL #25-275.003.0 5/15/2026
o Project Specifications
o Opinion of Probable Construction Cost (OPCC)
e. Traffic Control Plans
Prepare traffic control plans as required for construction within public right-of-way. f. Bidding Support
Support during bidding, including project advertisement, RFI response, prepare necessary addenda, manage bid opening.

Subtotal Cost for Task 2…………………………………………………………………………………...$102,000 TOTAL COST OF ABOVE SERVICES………………………………….……...$119,500 (Fixed Fee)

IV. WARRANTY AND LIABILITY

Any service deleted from this proposal by the Client will become the responsibility of the Client.

The warranty and liability of this proposal is subject to the attached Schedule of Conditions.

All information gathered during the study by Precision Civil Engineering, Inc. is considered confidential and will be released only upon written authorization of the client or as required by law.

PCE PROPOSAL #25-275.003.0 5/15/2026
VII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED:
(This proposal shall be good for 30 days after proposal date) PRECISION CIVIL ENGINEERING, INC.
___________________________________________ Date:_____________ Edward D. Dunkel, Jr., President

CLIENT COMPANY
____________________________________________ Date: _____________ Cristian Gonzalez, City Manager

PCE PROPOSAL #25-275.003.0 5/15/2026
Client Accounts Payable Information Request Sheet
Thank you for considering/accepting our proposal. To ensure a smooth and efficient invoicing and payment process, please complete the following form with your Accounts Payable information and preferences.

This will help us tailor our invoicing to your needs and avoid any delays in processing.

Client Information
• Company Name:
• Primary Contact for Accounts Payable:
• Email Address for Invoices:
• Phone Number:
• Mailing Address (if required for invoicing):

Invoicing Preferences

1. Preferred Method of Invoice Delivery (check one):
☐ Email
☐ Mail
☐ Upload to Payment Portal (please provide link):
☐ Other:

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PCE PROPOSAL #25-275.003.0 5/15/2026
☐ ACH/Direct Deposit (please attach remittance instructions or banking details) ☐ Other:

ENGINEERING DESIGN AND COORDINATION SERVICES FOR THE WELCOME SIGN

STUDY AND DESIGN PROJECT
DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-33, approving the Proposal from Precision Civil Engineering, Inc. for Engineering Design and Coordination Services for the Welcome Sign Study and Design Project?

BACKGROUND
The City of Mendota (“City”) previously maintained two gateway welcome signs intended to identify and enhance the community along major transportation corridors. One sign was located on the north side of the City along State Route 33 for travelers approaching from Firebaugh, while the second sign was located on the south side of the City along State Route 180 for travelers entering from Kerman. The State Route 180 welcome sign was vandalized, and the sign on State Route 33 was destroyed by fire, leaving the City without prominent gateway features.

ANALYSIS
To restore and enhance the City’s identity, the City proposes a Welcome Sign Study and Design Project for a new gateway monument sign along State Route 180, State Route 33 and an optional 3rd location on State Route 33 near the Mendota Jail. The project will evaluate conceptual alternatives that reflect the character of Mendota while incorporating durable materials, improved aesthetics, and compliance with California Department of Transportation (“Caltrans”) requirements.

Because the proposed signs will be located within State right-of-way, coordination with Caltrans will be required to obtain encroachment permit approval and address roadway clear zone, sight distance, and utility constraints. The project scope includes site verification and base mapping, preparation of conceptual renderings and architectural themes, preliminary engineering layouts, and development of permit-level plans and specifications suitable for design-build construction.

The project will also include coordination with City staff and City Council during the conceptual design phase to review alternatives and select a preferred sign concept, budget and a feasible scope of the project. Final plans will incorporate Caltrans comments and support future bidding, construction, and implementation of the project.
2 The proposal from the City Engineer, Precision Civil Engineering, Inc. has been reviewed and it is comprehensive to meet the current needs of the City.

FISCAL IMPACT
The fees for the professional design services will be paid using General Funds in a total amount of $45,000.00, with additional time and materials (not to exceed) fee of $20,000.00 for Caltrans approval and construction support.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-33, approving the Proposal from Precision Civil Engineering, Inc. for Engineering Design and Coordination Services for the Welcome Sign Study and Design Project.

Attachments:

1. Welcome Sign Exhibit

2. Resolution No. 26-33

3. Exhibit “A” – Proposal submitted by Precision Civil Engineering, Inc. © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 TomTom © 2026 Zenrin © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO © 2026 Microsoft Corporation © 2026 Maxar ©CNES (2026) Distribution Airbus DS © 2026 TMAP MOBILITY Earthstar Geographics SIO PREPARED FOR:

SHEET NUMBER:

JOB NUMBER: PROJECT TITLE: SHEET DESCRIPTION: CITY OF: COUNTY OF:

REVISIONS
DRAWN BY:

CHECKED BY:

DATE: PLANNING SURVEYING CIVIL ENGINEERING 1234 O STREET, FRESNO, CALIFORNIA 93721 TEL: 559.449.4500 FAX: 559.449.4515 WWW.PRECISIONENG.NET ###
#### #
5/26/2026
###
### ############# ############### ############ ########################### ######### ########### #### ############# 0 250' 500' 1000'
SCALE 1" = 500'
PROFILE:
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA APPROVING THE PROPOSAL FROM PRECISION CIVIL ENGINEERING, INC. FOR

ENGINEERING DESIGN AND COORDINATION SERVICES FOR THE WELCOME

SIGN STUDY AND DESIGN PROJECT
WHEREAS, the City of Mendota (“City”) previously maintained two gateway welcome signs intended to identify and enhance the community along major transportation corridors, with one located on the north side of the City along State Route 33 and another on the south side along State Route 180; and WHEREAS, the State Route 180 welcome sign was vandalized and the State Route 33 sign was destroyed by fire, resulting in the loss of the City’s prominent gateway identification features; and
WHEREAS, the City desires to restore and enhance its visual identity through the development of new gateway monument signage at key entry points, including State Route 180, State Route 33, and an optional third location on State Route 33 near Bemont Avenue; and
WHEREAS, the proposed Welcome Sign Study and Design Project will evaluate conceptual design alternatives that reflect the character of Mendota while incorporating durable materials, enhanced aesthetics, and compliance with California Department of Transportation (“Caltrans”) requirements; and
WHEREAS, the project will include site verification, base mapping, preparation of conceptual renderings, preliminary engineering layouts, and development of permitlevel plans and specifications suitable for future construction; and WHEREAS, because the proposed signage will be located within State right-ofway, coordination with Caltrans will be required for encroachment permits and to address roadway clear zone, sight distance, and utility constraints; and WHEREAS, the City desires to retain Precision Civil Engineering, Inc., the City’s contract City Engineer, to provide professional engineering design and coordination services for the project; and
WHEREAS, Precision Civil Engineering, Inc. submitted a proposal to provide said engineering design services in the amount of $45,000.00, with additional time and materials (not to exceed) fee of $20,000.00 for Caltrans approval and construction support, which has been reviewed by City staff and determined to be comprehensive and in the best interest of the City.
2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the Proposal submitted by Precision Civil Engineering, Inc. for Engineering Design and Coordination Services for the Welcome Sign Study and Design Project is hereby approved in substantially the form attached hereto as Exhibit “A,” respectively, and that the City Manager, or their designee, is hereby authorized to execute all documents required to effect the proposal and to execute all documents necessary.
______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk

EXHIBIT A
PCE PROPOSAL #25-275.006.0 5/11/2026
City of Mendota
Cristian Gonzalez - City Manager
643 Quince Steet
Mendota, CA 93640
5/11/2026, PCE PROPOSAL #25-275.006.0

I. PROJECT UNDERSTANDING
Precision Civil Engineering, Inc. (PCE) is pleased to provide this proposal for engineering design and coordination services for the installation of a new City of Mendota Welcome Sign along State Route 180 near Belmont Avenue. The previous sign was destroyed by fire, and the City desires to replace it with a new, aesthetically pleasing and structurally sound feature that complies with California Department of Transportation (Caltrans) requirements.

The project will require coordination with Caltrans, as the proposed sign is located within State rightof-way. The design will be developed to support encroachment permit approval and will provide sufficient detail for contractor implementation under a design-build approach, where final fabricationlevel shop drawings may be completed by the contractor.

II. SCOPE OF BASIC SERVICES

1. Project Initiation & Site Topo & Boundary
Confirm the proposed sign location within State right-of-way, perform base mapping, perform site verification, and review Caltrans design constraints including utilities, clear zone requirements, and sight distance considerations.

2. Conceptual Design Development
• Prepare conceptual alternatives for the welcome sign, including size, materials, architectural theme, and placement.
• Coordinate with city staff & city council to select preferred renderings.

3. Preliminary Layout & Engineering Considerations
Develop preliminary design documents illustrating sign location, horizontal and vertical placement, offsets from roadway, conceptual foundation approach, and general construction considerations including traffic control.

4. Draft Plan Set Preparation (Permit-Level / Design-Build) Prepare a draft plan set suitable for Caltrans encroachment permit review and design-build construction, including:
• Site plan and layout
• Elevations and dimensions
• Foundation concept and loading assumptions
• General notes and specifications
• Specifications
• Engineers Estimate
1234 O Street ∙ Fresno, CA 93721 ∙ Phone (559) 449-4500 ∙ Fax (559) 449-4515 PCE PROPOSAL #25-275.006.0 5/11/2026

5. Final Plan Issuance (Bid / Construction Support)
• Prepare and issue final plans incorporating Caltrans’ comments for contractor use.

Plans will be suitable for construction; however, the contractor will be responsible for detailed shop drawings and final structural design.
• Process project advertisement to bid / respond to RFI’s.

Subtotal Cost for Task 1 – 5 ……………………………….……………………………………$45,000 (Fixed Fee)

6. Caltrans Coordination / Encroachment Permit Approval Prepare and submit encroachment permit application package to Caltrans, including plans and supporting documentation. Respond to agency comments and coordinate through approval.

7. Construction Support
Provide support during construction, including review of contractor submittals for general conformance and response to Requests for Information (RFIs).

Subtotal Cost for Task 6 – 7 ……………………………….………………………………………...$20,000 (T&M) TOTAL COST OF ABOVE SERVICES………………………………………………………………………... $45,000 (Fixed Fee) $20,000 (T&M as Necessary)
III. RESPONSIBILITY OF CLIENT
• Timely review and direction
• Council coordination and public outreach
• Necessary involvement with Caltrans Encroachment Permit approval IV. WARRANTY AND LIABILITY

Any service deleted from this proposal by the Client will become the responsibility of the Client.

The warranty and liability of this proposal is subject to the attached Schedule of Conditions.

All information gathered during the study by Precision Civil Engineering, Inc. is considered confidential and will be released only upon written authorization of the client or as required by law.

PCE PROPOSAL #25-275.006.0 5/11/2026
VII. APPROVAL SIGNATURE AND AUTHORIZATION TO PROCEED:
(This proposal shall be good for 30 days after proposal date) PRECISION CIVIL ENGINEERING, INC.
___________________________________________ Date: _____________ Edward D. Dunkel, Jr., President

CLIENT COMPANY
____________________________________________ Date: _____________ Cristian Gonzalez, City Manager

PCE PROPOSAL #25-275.006.0 5/11/2026
Client Accounts Payable Information Request Sheet
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PCE PROPOSAL #25-275.006.0 5/11/2026
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_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NORA VALDEZ, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: CLAIMING LOCAL TRANSPORTATION FUNDS FOR FISCAL YEAR 2026-2027 DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-34, claiming Local Transportation Funds for Fiscal Year 2026-2027?

BACKGROUND
The Fresno Council of Governments (“FCOG”) has the authority to review claims and allocate such funds in accordance with the Transportation Development Act (“TDA”) of 1971 and Chapter 3 of Title 21 of the California Administrative Code for the purposes allowed under Articles III, IV and VII which provides funding to be allocated to encourage inter-jurisdictional coordination of transportation needs and increased coordination of transportation implementation planning. This funding is allocated by the California Department of Tax and Fee Administration, which takes the amount of sales tax collected and returns the general sales tax revenue to the Council of Fresno County Governments. They, in turn, allocate it to each city in the County based on population for the projects that were budgeted for the 2026-2027 fiscal year.

ANALYSIS
The attached resolution and claim forms for each applicable funding program are routine and required by FCOG to receive the funding for the Local Transportation Funds. With the funding provided under the TDA, the City of Mendota (“City”) can fund street projects approved during the budget for each fiscal year, rural transit and assist with regional transportation planning.

The total amount allocated for the City of Mendota is $851,078.00. However, the City will be payable $633,029.00 from the total allocation. The remaining $218,049.00 will be distributed among four sections: Regional Transportation Planning, Community Transit Service, Article 4.5, Fresno County Rural Transit Agency LTF and Fresno County Rural Transit Agency STA. The following table displays each section allocation:

Fiscal Year 2026/2027
Regional Transportation Planning $20,537.00
Community Transit Service, Article 4.5 $35,922.00
Fresno County Rural Transit Agency LTF $45,715.00
Fresno County Rural Transit Agency STA $115,875.00
$218,049.00
2 Regional Transportation Planning is a long-term design of a region’s transportation system. The plan identifies and analyzes transportation needs of the metropolitan region and creates a framework for project priorities.

Community Transit Service, Article 4.5 is a transportation planning agency for community transit services for those disabled, who cannot use conventional transit services. Transportation services which connect intra-community origins and destinations in which needs are not being met in the community.

Fresno County Rural Transit is a transportation service offered in Fresno County to the 13 rural incorporated communities and many unincorporated rural communities with limited services to neighboring counties Kings County (Avenal and Hanford). There is a Demand Responsive or Fixed Route Basis for all passengers. The difference between LTF and STA funding is STA is specific to transit purposes.

FISCAL IMPACT
$633,029.00 to the City’s “LTF” Fund.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-34, claiming Local Transportation Funds for Fiscal Year 2026-2027.

Attachments:

1. TDA Informational Packet and Claim Forms for Fiscal Year 2026-2027

2. Resolution No. 26-34
May 18, 2026
SUBJECT: 2026/27 Transportation Development Act (TDA) Claim Please find attached to the email sent to you the following information and forms:
(1) Electronic Forms for the 2026/27 Transportation Development Act (TDA) claim. A “Penciled in” draft claim is included to facilitate your claim.
(2) A copy of the 2026/27 Local Transportation Fund (LTF) estimates and the Final STA estimates per the State Controller’s methodology that are scheduled to be adopted by the FCOG Board on May 28, 2026.
(3) A summary of Fresno County Rural Transit Agency’s 2026/27 budget.

A copy of the Transportation Development Act Rules and Regulations manual can be viewed online at https://dot.ca.gov/-/media/dot-media/programs/rail-mass-transportation/documents/f0009844-tda-07- 2018-a11y.pdf.

Special Instructions:

Prepare the Claim in accordance with your budget. Adopt the claim by Resolution (same as last year) and return the claim and resolution to Fresno COG. Or if you have a continuing resolution, return the claim with a copy of your continuing resolution.

Timing:

Claims submitted to the Fresno COG Board for adoption must go through the Transportation Technical Committee, the Policy Advisory Committee, and Fresno COG Policy Board. This usually means that our Board will adopt your claim the month after we receive it providing that we receive it in time to make the TTC agenda mail out on the last Wednesday of the month.

The Process:
(1) The Fresno COG Board adopts the annual estimated fund apportionment for LTF. (2) Member Agencies reserve their annual portion of the fund:
a. A Claim is prepared in accordance with the agencies’ annual operating budget. b. The Claim is adopted by Resolution of the Local Agency Board. c. The Claim is adopted by Resolution of the Fresno COG Board. (3) LTF sales tax receipts are deposited monthly in the County Trust Fund, from the State Board of Equalization. Fresno COG sends allocation instructions to the County of Fresno Auditor Controller each quarter to issue checks to agencies based on the availability of sales tax, the unpaid Claim balance, and the priority of the Claim.
a. Transit is paid first.
b. Bicycle and Pedestrian Facilities are paid second.
c. Streets and Roads are paid last.
(4) At year end the total tax receipts are compared to the original apportionment estimate. Shortfalls are deducted from the unpaid Article 8 Streets and Roads Claim balance pro rata. A surplus may be claimed as Article 3 Bike and Pedestrian, Article 4 Transit or Article 8 Streets and Roads and is paid out in the first quarter of the following fiscal year. A year-end report will be sent to each agency detailing the allocations paid during the year and the unpaid Claim balance. The allocation detail will facilitate agency year end close out and audit. The unpaid Claim balance should become a receivable from Fresno COG on the agency financial statements.

Eligibility and Compliance:

Article 4 – Transit
Detailed rules for eligibility and compliance for expenditure of Article 4 – Transit funds can be found in the Transportation Development Act Statutes and California Code of Regulations. Generally, any legitimate Transit operating or capital expense is eligible as long as the Section 6667 compliance requirements are followed.

Article 3 – Bicycle and Pedestrian Facilities
Eligibility and compliance for expenditure of Article 3 funds are detailed in the Transportation Development Act Statutes and California Code of Regulations Section 99234.

Article 8a – Streets and Roads
The Fresno COG Board adopted the State Controller’s Office “Guidelines relating to Gas Tax Expenditure” as the criteria for determining eligibility of Article 8a. Generally, funds are eligible to be spent for any street related repair, maintenance, or construction. A copy of the Guidelines can be downloaded at https://sco.ca.gov/Files-AUD/gas_tax_guidelines31219.pdf.

An audit of TDA funds expended by Article is required each year by Section 6664. Generally, Fresno COG contracts with one firm to provide a combined audit report of all non-transit funds expended by entity.

Various transit providers have the Transit Compliance Report done as part of their annual audit. The reports are due to the State Controller’s Office within 180 days after the last day of the fiscal year. Fresno COG has statutory authority to extend the deadline no more than 90 days. Agencies with delinquent audit reports are ineligible to receive TDA allocations until the delinquency is resolved. The initial cost of the non-transit audits is funded by Fresno COG administrative fees. Additional audit fees incurred to resolve audit findings or to provide Transit Compliance reports are charged against the agency’s Article 4 & 8 apportionment the following year. In the interest of facilitating audit requirements, the Fresno County Transportation Authority has requested that we expand the TDA audits to include Measure “C” compliance. Public Transportation Modernization, Improvement, and Service Enhancement (PTMISEA) sent to Transit Operators from the State Controller’s Office and SB1 State of Good Repair funds allocated by FCOG will also be subject to the audit.

If you have any questions concerning the claim or the process, please call me at 559-233-4148.

Sincerely,
Les Beshears Robert Phipps
Les Beshears, Finance Director Robert Phipps, Executive Director Fresno Council of Governments Fresno Council of Governments Cc: Clovis, Coalinga, Firebaugh, Fowler, Fresno, Huron, Kerman, Kingsburg, Mendota, Orange Cove, Parlier, Reedley, Sanger, San Joaquin, Selma, Fresno County, FCRTA Enter Date: Claimant Name: City of Mendota
From: Applicant:

Address:

City/State/Zip:

Contact Phone/email:

Local Transportation Fund
Apportionment: $ 735,203.00
Unexpended, Held by Claimant:

Other Agency:

State Transit Assistance Fund
Estimate: $ 115,875.00
Unexpended, Held in Trust: $ -
Other
Other:

TOTAL
$ 851,078.00
Please print and sign after completing form
Authorized Signature:

Name/Title:

Date:

TRANSPORTATION FUNDING CLAIM FOR FISCAL YEAR: 2026/27
Instructions: Please note that each page of this claim is a separate worksheet, please click through all tabs and complete. Also note that light yellow fields require an entry if applicable, light grey fields contain formulas that will automatically calculate based on corresponding entries. A date and claimant name field is at the top of the first page, and automatically repeats on following pages, (date should be formatted 00/00/0000) When completed, please print, sign and send signed original via mail to:

Les Beshears, Director of Finance, Fresno Council of Governments, 2035 Tulare Street, Suite 201, Fresno, CA 93721
City of Mendota
This applicant is an eligible claimant pursuant to Section 99203 of the Public Utilities Code and certifies that the following transportation funds are available to be claimed:
for the purposes and respective amounts specified in the attached claim be drawn from the Local Transportation Fund and State Transit Assistance Fund.
spell out total amount in above cell
Enter Date: Claimant Name:

TRANSPORTATION FUNDING CLAIM DETAIL FOR FISCAL YEAR: 2026/27

PURPOSE AMOUNT SUBTOTAL

1. Bicycle & Pedestrian Facilities:

Article 3: $ 14,706.00
Article 8a:

Audit Exceptions (General Fund Payback);
Unexpended Funds, Held by Claimant:
$ 14,706.00

2. Regional Transportation Planning: $ 20,537.00 $ 20,537.00

3. Public Transportation State Transit Assistance Funds (STA): $ - Other:
$ -

4. Community Transit Service CTSA, Article 4.5: $ 35,922.00 $ 35,922.00

5. Streets & Roads: Article 8a: $ 618,323.00
Unexpended Funds, Held by Claimant:
$ 618,323.00

6. To Be Claimed By:

Fresno County Rural Transit Agency LTF: $ 45,715.00
Fresno County Rural Transit Agency STA: $ 115,875.00
Other $ -
$ 161,590.00

7. Reserve in Fund Pending Further Claiming $ -
GRAND TOTAL $ 851,078.00
Claim Total Must Agree With Total on First Page $ 851,078.00 Minus Non Transit Claims $ 218,049.00
GRAND TOTAL PAYABLE TO CLAIMANT $ 633,029.00
Allocation instructions and payment by the Fresno County Auditor-Controller to the applicant is subject to such monies being available for distribution, and to the provisions that such monies will be used only in accordance with the rules and regulations of the Transportation Development Act.

City of Mendota
Enter Date: Claimant Name:

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST

1. Various Bicycle & Pedestrian Facilities throughout the claimant's jurisdiction: $ 14,706.00 AND/OR:
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 14,706.00

PROJECT TITLE & BRIEF DESCRIPTION PROJECT COST
$ 618,323.00
AND/OR: $ -
$ -
$ -
$ -
TOTAL PROJECT COSTS $ 618,323.00
City of Mendota
Other - describe briefly if applicable:

Other - describe briefly if applicable:

BICYCLE AND PEDESTRIAN FACILITIES FOR FISCAL YEAR: 2026/27 Two percent (2%) of the claimant’s Local Transportation Fund apportionment must be spent on bicycle and pedestrian facilities (PUC 99233.3 and 99234); such claims are to be filed as Article 3. Claims for projects in excess of 2% may be filed as Article 8a (PUC 99400(a)). If other funding is to be used with Local Transportation Funds to implement projects, such funding should be shown on the claim form.

Other - describe briefly if applicable:

Local Transportation Funds coming to claimants within Fresno County may be used for streets and roads improvements and maintenance pursuant to Article 8 (PUC 99400), but only after Fresno COG makes a finding that public transportation needs within the claimant’s jurisdiction are reasonably met by satisfying the service requirements set forth by the Regional Transportation Plan (PUC 99401.5).

STREETS AND ROADS CLAIM FOR FISCAL YEAR: 2025/26

1. Development, Construction & Maintenance Facilities throughout the claimant's jurisdiction:

Enter Date: Claimant Name:

CONTINGENCY PROJECT LISTING FOR FISCAL YEAR: 2026/27
CHECK ALL THAT APPLY (Enter "X" in yellow box)

BICYCLE AND PEDESTRIAN FACILITIES PUBLIC TRANSPORTATION STREETS & ROADS Article 3 Article 4 Article 8a

STANDARD ASSURANCES FOR CLAIMANTS
CLAIMANT ASSURANCES: (initial yellow box all that apply) The undersigned hereby certifies that the above statements are true and correct.

Please print and sign after completing form
Name/Title:

Date:

City of Mendota
A. Claimant certifies that it has submitted a satisfactory, independent fiscal audit, with required certification statement, to the RTPA and to the State Controller, pursuant to PUC 99245 and 21 Cal. Code of Regulations Section 6664 for the prior fiscal year (project year minus two). Claimant assures that this audit requirement will be completed for the current fiscal year (project year minus one).

Authorized
Signature:

B. Claimant certifies that it has submitted a State Controller Report to the RTPA and to the State Controller, pursuant to PUC 99243.
2026-27

COUNCIL OF FRESNO COUNTY GOVERNMENTS

LOCAL TRANSPORTATION FUND

APPORTIONMENT TO MEMBER AGENCIES
Final Estimate
2026-27 Estimate per Fresno County Auditor Controller $60,000,000 Less Administration 183,047
Gross Amount Available for Allocation 59,816,953
ART. 3 SHARE
DOF GROSS BIC. & TOWARD NET FOR ADD TO NET
POPULATION AMOUNT PED.FAC. ART. 4.5 RTP ARTICLES CTSAs ART.4, MEMBER 01/01/26 PERCENT AVAILABLE (2%) (5%) (3%) 4 & 8 ART. 4.5 4.5 & 8 Clovis 129,889 12.47% 7,458,174 149,174 364,936 208,322 6,735,742 382,502 7,118,244 Coalinga 17,692 1.70% 1,015,926 20,319 49,766 28,375 917,466 917,466 Firebaugh 8,869 0.85% 508,965 10,186 24,628 14,225 459,926 459,926 Fowler 7,945 0.76% 455,546 9,125 21,669 12,743 412,009 412,009 Fresno City 560,948 53.85% 32,207,710 644,234 1,574,345 899,673 29,089,458 29,089,458 Huron 6,888 0.66% 395,746 7,911 19,592 11,047 357,196 357,196 Kerman 17,498 1.68% 1,005,125 20,096 49,559 28,064 907,406 907,406 Kingsburg 13,347 1.28% 766,427 15,329 37,547 21,407 692,144 692,144 Mendota 12,805 1.23% 735,203 14,706 35,922 20,537 664,038 664,038 Orange Cove 9,678 0.93% 555,979 11,115 27,463 15,522 501,879 501,879 Parlier 14,658 1.41% 841,876 16,834 41,403 23,509 760,130 760,130 Reedley 26,845 2.58% 1,541,193 30,831 75,188 43,055 1,392,119 1,392,119 Sanger 27,403 2.63% 1,572,893 31,472 76,415 43,950 1,421,056 1,421,056 San Joaquin 3,636 0.35% 208,890 4,176 10,327 5,832 188,555 188,555 Selma 24,484 2.35% 1,406,556 28,119 69,485 39,269 1,269,683 1,269,683 Fresno Co. 159,091 15.27% 9,140,744 182,712 452,786 255,157 8,250,089 8,250,089 FCRTA 833,006 833,006
FAX 1,715,523 1,715,523
TOTALS 1,041,676 100% 59,816,953 1,196,339 2,931,031 1,670,687 54,018,896 2,931,031 56,949,927 59,816,953 1,196,339 2,931,031 1,670,687 54,018,896 **
05/01/26
PUC 99313 POPULATION 9,426,319
PUC 99314 OPERATOR 1,678,398

2026-27 Fund Estimate Per State Controller Methodology 11,104,717 This estimate is subject to change during the fiscal year.

DOF GROSS NET FOR NET FOR
POPULATION AMOUNT 99314 99313
MEMBER 01/01/26 PERCENT AVAILABLE OPERATOR POPULATION
Clovis 129,889 12.47% 1,286,940 111,550 1,175,390
Coalinga 17,692 1.70% 160,098 160,098
Firebaugh 8,869 0.85% 80,257 80,257
Fowler 7,945 0.76% 71,896 71,896
Fresno City 560,948 53.85% 6,524,812 1,448,690 5,076,122 Huron 6,888 0.66% 62,331 62,331
Kerman 17,498 1.68% 158,343 158,343
Kingsburg 13,347 1.28% 120,779 120,779
Mendota 12,805 1.23% 115,875 115,875
Orange Cove 9,678 0.93% 87,578 87,578
Parlier 14,658 1.41% 132,643 132,643
Reedley 26,845 2.58% 242,925 242,925
Sanger 27,403 2.63% 247,975 247,975
San Joaquin 3,636 0.35% 32,903 32,903
Selma 24,484 2.35% 221,560 221,560
Fresno Co. 159,091 15.27% 1,439,644 1,439,644
FCRTA 118,158 118,158
FCEOC
TOTALS 1,041,676 100.0% 11,104,717 1,678,398 9,426,319
11,104,717 1,678,398 9,426,319
05/01/26
2026-27

FRESNO COUNCIL OF GOVERNMENTS

STATE TRANSIT ASSISTANCE FUND

APPORTIONMENT TO MEMBER AGENCIES
Final Estimate

FRESNO COUNTY RURAL TRANSIT AGENCY
FRESNO COUNTY RURAL TRANSIT AGENCY| Proposed Budget
------------------------------------------------------------- - + ------------------------- | 2026/27
| -------------------------
| LINE
DRAFT BUDGET | ITEM
=================================== == ============== ========== ========= ========= ========= ============ ========= ============= ========= ========= ========= ============ ========= ======================= =========== ========= ========== ======== ========= ========= =========== ============ REVENUES COALINGA FIREBAUGH FOWLER HURON KERMAN KINGSBURG MENDOTA ORANGE COVE PARLIER REEDLEY SANGER SAN JOAQUIN SELMA RURAL MICRORURAL SOCIAL SERVICES SOUTHEAST AUBERRY WESTSIDE LATON KRC Del Rey FCRTA TOTAL ------------------------------------------------------------- - - ------------------------- ------------------ ----------------- ----------------- ----------------- --------------------- ---------------- ----------------------- ----------------- ----------------- ----------------- --------------------- ----------------- ----------------------------------------- -------------------- ----------------- ----------------- --------------- ----------------- ----------------- ------------------- --------------------- [PAST CARRYOVER/(SHORTFALL)] |
1 FCRTA SYSTEM | $163,687 $204,126 $137,638 $107,831 $146,039 $414,799 $205,507 $194,553 $96,078 $453,346 $332,253 $55,916 $439,738 $190,168 $0 $404,809 $0 $220,940 $0 $66,961 $0 $445,518 $4,279,907 2 Fresno County | $229,698 $8,616 $9,600 $65 $3,929 $14,244 $1,490 $76,223 $1,642 $12,293 $11,908 $68,840 $44,235 $0 $0 $10,763 $164,930 $21,824 $3,259 $0 $239,538 $0 $923,097 TOTAL CARRYOVER | $393,385 $212,742 $147,238 $107,896 $149,968 $429,043 $206,997 $270,776 $97,720 $465,639 $344,161 $124,756 $483,973 $190,168 $0 $415,572 $164,930 $242,764 $3,259 $66,961 $239,538 $445,518 $5,203,004 [FARE RECEIPTS (002/)] | $0
401 Farebox | $0
1 Intra-City | $3,500 $3,700 $650 $7,200 $3,700 $3,500 $7,500 $4,500 $5,900 $13,500 $8,500 $2,500 $7,500 $0 $0 $0 $735 $0 $0 $0 $0 $0 $72,885 3 Inter-City | $19,700 $0 $0 $12,000 $0 $0 $0 $27,500 $0 $0 $2,500 $0 $0 $2,500 $0 $25,000 $135 $32,000 $0 $28,000 $1,250 $0 $150,585 2 Local Fare Augmentation | $3,541 $3,541 $2,125 $3,541 $4,250 $7,790 $4,250 $7,790 $3,541 $9,207 $14,835 $4,250 $11,331 $0 $908,119 $4,957 $7,082 $4,957 $0 $0 $13,012 $0 $1,018,119 4 Common Carrier | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 402/2 Spec. Fare - Measure "C" | $54,919 $31,116 $17,687 $32,773 $28,612 $42,513 $24,024 $23,011 $23,659 $48,652 $59,351 $16,407 $67,034 $20,356 $0 $369 $24,547 $0 $7,327 $0 $3,518 $0 $525,875 TOTAL FAREBOX RECEIPTS | $81,660 $38,357 $20,462 $55,514 $36,562 $53,803 $35,774 $62,801 $33,100 $71,359 $85,186 $23,157 $85,865 $22,856 $908,119 $30,326 $32,499 $36,957 $7,327 $28,000 $17,780 $0 $1,767,464 404 Freight | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 405 Other | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL FARE RECEIPTS | $81,660 $38,357 $20,462 $55,514 $36,562 $53,803 $35,774 $62,801 $33,100 $71,359 $85,186 $23,157 $85,865 $22,856 $908,119 $30,326 $32,499 $36,957 $7,327 $28,000 $17,780 $0 $1,767,464 |
[OPERATING REVENUE (003/)] |
407 Interest |
1 LTF | $3,600 $1,200 $600 $2,400 $1,200 $1,200 $1,200 $1,200 $1,200 $2,400 $2,400 $960 $2,400 $1,200 $0 $600 $800 $720 $120 $480 $480 $255,000 $281,360 409 LTF and/or STA Fund Revenues | $0 $0
1 FCRTA SYSTEM | $173,393 $159,969 $51,447 $191,822 $205,445 $98,046 $145,006 $251,230 $176,164 $231,729 $331,284 $45,883 $329,825 $0 $0 $0 $0 $55,250 $0 $0 $0 $118,158 $2,564,651 2 Fresno County | $243,316 $6,752 $3,588 $115 $5,528 $3,367 $1,051 $98,429 $3,010 $6,284 $11,874 $56,490 $33,179 $58,525 $0 $0 $153,456 $5,457 $47,886 $102,888 $0 $0 $841,195 3 CTSA-Article 4.5 | $2,897 $2,897 $1,739 $2,897 $3,477 $6,374 $3,477 $6,374 $2,897 $7,533 $12,138 $3,477 $9,271 $0 $743,006 $4,056 $5,794 $4,056 $0 $0 $10,646 $0 $833,006 409/5 Measure "C" | $0 $0 $0 $250,000 $0 $0 $0 $0 $50,000 $0 $150,000 $0 $0 $50,000 $0 $0 $0 $0 $0 $50,000 $0 $112,200 $662,200 TOTAL OPER. REVENUES | $423,206 $170,818 $57,374 $447,234 $215,650 $108,987 $150,734 $357,233 $233,271 $247,946 $507,696 $106,810 $374,675 $109,725 $743,006 $4,656 $160,050 $65,483 $48,006 $153,368 $11,126 $485,358 $5,182,412 | $0
[STATE/FEDERAL GRANT REVENUE (005/)] | $0
413 FTA | $0
1 Regional - Section 18 | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,231,389 $2,231,389 2 Section 5317 | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 4 CARES Act | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 5 Other Grant | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $822,800 $822,800 TOTAL STATE & FEDERAL GRANTS | $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,054,189 $3,054,189 | $0
[REVENUE SUMMARY] | $0

1. Carryover | $393,385 $212,742 $147,238 $107,896 $149,968 $429,043 $206,997 $270,776 $97,720 $465,639 $344,161 $124,756 $483,973 $190,168 $0 $415,572 $164,930 $242,764 $3,259 $66,961 $239,538 $445,518 $5,203,004

2. Current Revenue | $504,866 $209,175 $77,836 $502,748 $252,212 $162,790 $186,508 $420,034 $266,371 $319,305 $592,882 $129,967 $460,540 $132,581 $1,651,125 $34,982 $192,549 $102,440 $55,333 $181,368 $28,906 $3,539,547 $10,004,065 ------------------------------------------------------------- - + ------------------------- ------------------ ----------------- ----------------- ----------------- --------------------- ---------------- ----------------------- ----------------- ----------------- ----------------- --------------------- ----------------- ----------------- ----------------------------- -------------------- ----------------- ----------------- --------------- ----------------- ----------------- ------------------- --------------------- ****** TOTAL REVENUES ***** | $898,251 $421,917 $225,074 $610,644 $402,180 $591,833 $393,505 $690,810 $364,091 $784,944 $937,043 $254,723 $944,513 $322,749 $1,651,125 $450,554 $357,479 $345,204 $58,592 $248,329 $268,444 $3,985,065 $15,207,069 =================================== =+ ============== ========== ========= ========= ========= ============ ========= ============= ========= ========= ========= ============ ========= ======================= =========== ========= ========== ======== ========= ========= =========== ============ FAREBOX RETURN: 10.0% 10.00% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% 55.0% 10.0% 10.0% 11.8% 13.8% 12.4% 10.0% 0.0% 16.0% 1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA CLAIMING LOCAL TRANSPORTATION FUNDS FOR FISCAL YEAR 2026-2027
WHEREAS, the City of Mendota (“City”) must submit a Local Transportation Fund Claim from the Local Transportation Fund of Fresno County for Fiscal Year 2026- 2027; and
WHEREAS, the Fresno Council of Governments (“FCOG”) has the authority to review claims and allocate such funds in accordance with the Transportation Development Act of 1971 and Chapter 3 of Title 21 of the California Administrative Code; and
WHEREAS, FCOG encourages interjurisdictional coordination of transportation needs and increased coordination of transportation implementation plans; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota that the City of Mendota hereby requests FCOG allocate $851,078.00 from the Local Transportation Fund to the named applicant for the Fiscal Year 2026-2027 for the purposes allowed under Articles III, IV and VIII of the Transportation Development Act of 1971, as identified in the claim and which in accordance with the adopted Regional Transportation Plan.

BE IT FURTHER RESOLVED, that the City Council hereby authorizes the City Manager to execute all associated agreements and documents in connection with this claim for funds.

BE IT FURTHER RESOLVED, that the City of Mendota hereby requests that the City’s total Transportation Fund apportionment for the Fiscal Year 2026-2027, said amount being $851,078.00, be allocated from the Local Transportation Fund to FCOG for the purpose of conducting Regional Transportation Planning. ______________________________
Victor Martinez, Mayor
2 ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: NORA VALDEZ, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: APPROVING THE CREATION OF A BANK ACCOUNT WITH COMMUNITY WEST BANK,

FORMERLY KNOWN AS UNITED SECURITY BANK, FOR THE MENDOTA COMMUNITY

CENTER PROJECT
DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-35, approving the creation of a bank account with Community West Bank, formerly known as United Security Bank, for the Mendota Community Center Project?

BACKGROUND
The City of Mendota (“City”) has received approval for an advancement of funds in the amount of $2,700,000 for Grant GF2352-0 related to the Mendota Community Center Project. As part of the grant requirements, the funds must be maintained in a separate bank account and used exclusively for expenditures associated with the project.

Community West Bank, formerly known as United Security Bank, currently provides banking services within the community and has the ability to establish a dedicated account for this purpose.

ANALYSIS
The establishment of a separate bank account will allow the City to properly segregate the grant advancement funds and ensure compliance with the grant agreement requirements. Maintaining a dedicated account for the project will improve financial tracking for grant expenditures.

Approval of the resolution will authorize staff to proceed with opening the account and administering the grant funds in compliance with the funding requirements.

FISCAL IMPACT
There is no significant fiscal impact with the creation of the bank account. Any banking fees will be minimal and paid from the grant funds as allowable under the grant guidelines.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-35, approving the creation of a bank account with Community West Bank, formerly known as United Security Bank, for the Mendota Community Center Project.
2 Attachments:

1. Grant Advance Request Form

2. Resolution No. 26-35

1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-35

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

THE CREATION OF A BANK ACCOUNT WITH COMMUNITY WEST BANK,

FORMERLY KNOWN AS UNITED SECURITY BANK, FOR THE MENDOTA

COMMUNITY CENTER PROJECT
WHEREAS, the City of Mendota (“City”) has received approval for an advancement of funds in the amount of $2,700,000 for Grant GF2352-0 related to the Mendota Community Center Project; and
WHEREAS, the grant agreement requires that the advancement funds be maintained in a separate bank account and used exclusively for expenditures associated with the Mendota Community Center Project; and
WHEREAS, Community West Bank, formerly known as United Security Bank, provides banking services within the community and is able to establish a dedicated account for the project funds; and
WHEREAS, the establishment of a separate bank account will allow the City to properly segregate grant funds, improve financial tracking, and ensure compliance with grant requirements; and
WHEREAS, the City Council finds that it is in the best interest of the City to authorize the creation of a dedicated bank account for the Mendota Community Center Project and to designate authorized signers for said account.

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

SECTION 1. The City Council hereby approves the creation of a separate bank account with Community West Bank for the purpose of receiving and administering funds associated with Grant GF2352-0 for the Mendota Community Center Project. 2 SECTION 2. The City hereby designates and authorizes the following individuals to serve as authorized signers for the Community West Bank account established for the Mendota Community Center Project:
• Victor Manuel Martinez, Mayor
• Jose Javier Alonso, Mayor Pro Tempore
• Cristian Gonzalez, City Manager
• Jennifer Lekumberry, Director of Administrative Services/Assistant City Manager • Nora Valdez, Finance Director
• Celeste Cabrera-Garcia, City Clerk/Events Coordinator SECTION 3. The City Manager, Finance Director, or their designee, are hereby authorized to complete and execute any necessary banking documents, including the preparation of a letter of authorization, and to take all actions necessary to establish and administer the account in accordance with grant requirements and City policies. ______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
1 AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: SUPPORTING AND AUTHORIZING THE SUBMITTAL OF THE ACTIVE TRANSPORTATION

PROGRAM PEDESTRIAN CROSSING IMPROVEMENTS PROJECT GRANT APPLICATION DATE: JUNE 2, 2026
ISSUE
Shall the City Council adopt Resolution No. 26-36, supporting and authorizing the submittal of the Active Transportation Program Pedestrian Crossing Improvements Project grant application?

BACKGROUND
The California Transportation Commission’s Active Transportation Program (“ATP”) provides funding to support walking and bicycling projects that improve safety, connectivity, and access for all users, particularly in disadvantaged communities.

The City of Mendota (“City”) has identified several key pedestrian corridors along State Route/Highway 33 and adjacent roadways that present safety challenges for residents, students, and other pedestrians. In response, the City has developed a corridor-wide pedestrian safety improvement project along State Route/Highway 33 for submission under the ATP Small Infrastructure Program.

ANALYSIS
The proposed ATP project includes three key pedestrian safety enhancements:
• Installation of a High-Intensity Activated Crosswalk (“HAWK”) at 6th Street and State Route/Highway 33
• Installation of a Rectangular Rapid Flashing Beacon (“RRFB”) at 5th Street and State Route/Highway 33
• Construction of a pedestrian median island refuge at the mid-block crossing near McCabe Elementary School on State Route/Highway 33
These improvements are intended to enhance pedestrian visibility, reduce crossing conflicts, and provide safer access to schools, residential neighborhoods, parks, and commercial areas.

The project supports the City’s ongoing efforts to improve active transportation infrastructure and addresses documented safety needs in high-pedestrian activity areas. It also aligns with statewide goals of reducing traffic-related injuries and fatalities and improving mobility in underserved communities.
2 If awarded, the ATP grant would fund design and/or construction of the proposed improvements, with City staff coordinating implementation in partnership with Fresno Council of Governments, Rincon Consultants, and relevant partner agencies.

FISCAL IMPACT
Adoption of this resolution does not commit the City to immediate expenditures.

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 26-36, supporting and authorizing the submittal of the Active Transportation Program Pedestrian Crossing Improvements Project grant application.

Attachments:

1. Resolution No. 26-36
1 BEFORE THE CITY COUNCIL
OF THE

CITY OF MENDOTA, COUNTY OF FRESNO
RESOLUTION NO. 26-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA

SUPPORTING AND AUTHORIZING THE SUBMITTAL OF THE ACTIVE

TRANSPORTATION PROGRAM PEDESTRIAN CROSSING IMPROVEMENTS

PROJECT GRANT APPLICATION
WHEREAS, the California Transportation Commission administers the Active Transportation Program (“ATP”) to encourage increased use of active modes of transportation, including walking and bicycling, improve public safety, enhance public health, and reduce greenhouse gas emissions; and
WHEREAS, the City of Mendota (“City”) recognizes the importance of providing safe pedestrian access and connectivity for residents, students, families, and visitors throughout the community; and
WHEREAS¸ the City proposes to submit an ATP Small Infrastructure Project application for pedestrian safety and crossing improvements along State Route 33/ /Highway 33 within the City to improve pedestrian safety and accessibility; and WHEREAS, the proposed project includes the installation of a High-Intensity Activated Crosswalk (“HAWK”) pedestrian crossing at 6th Street and State Route/Highway 33, as well as additional pedestrian safety enhancements including a Rectangular Rapid Flashing Beacon (“RRFB”) crossing at 5th Street and State Route/Highway 33, and a pedestrian median island refuge at the mid-block crossing near McCabe Elementary School on State Route/Highway 33; and WHEREAS, these improvements are intended to provide enhanced pedestrian crossing opportunities and safer access to schools, parks, community facilities, commercial areas, and residential neighborhoods; and
WHEREAS, the proposed pedestrian safety improvements are anticipated to improve mobility for disadvantaged and underserved populations within the community and support the City’s ongoing active transportation and roadway safety goals; and WHEREAS, the City Council desires to demonstrate its support for the ATP grant application and the implementation of pedestrian safety improvements that benefit the residents of Mendota; and
WHEREAS, the City Council acknowledges the collaborative efforts of the City of Mendota, the Fresno Council of Governments, Rincon Consultants, community stakeholders, and partner agencies in the preparation of the grant application materials. 2 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota as follows:

1. The City Council hereby supports the submission of the Active Transportation Program Small Infrastructure Project grant application for the Mendota Pedestrian Safety Improvements Project, including HAWK crossing improvements at 6th Street and State Route/Highway 33, an RRFB crossing at 5th Street and State Route/Highway 33, and a pedestrian median island refuge at the mid-block crossing near McCabe Elementary School on State Route/Highway

33. 2. The City Council supports the installation of pedestrian safety improvements along State Route/Highway 33 and adjacent corridors intended to improve safety, accessibility, and connectivity for the community, including students, pedestrians, and vulnerable road users.

3. The City Council authorizes City staff to take all actions necessary to prepare, submit, and administer the grant application and related documents associated with the ATP program.

4. The City Council expresses its commitment to continuing efforts that promote pedestrian safety, active transportation, and equitable access to transportation infrastructure throughout the City of Mendota.
______________________________
Victor Martinez, Mayor
ATTEST:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Celeste Cabrera-Garcia, City Clerk
5/29/2026
1 City of Mendota Focused General Plan Update
Legislative Review and Assessment
Draft Policies
June 2, 2026

FOCUSED GENERAL PLAN
UPDATE
City of Mendota Focused General Plan Update

FOCUSED GENERAL PLAN UPDATE PROCESS
2 › Completion date: Summer 2026
We are here
1 2
5/29/2026
2 City of Mendota Focused General Plan Update

LEGISLATIVE REVIEW AND ASSESSMENT REPORT
3 › Identify the new general plan requirements enacted since 2009 › Determine applicability to Mendota
› Document required assessments in response to new legislation › Inform next steps and considerations for the update process Purpose
City of Mendota Focused General Plan Update

LEGISLATIVE CONTENT
New General Plan Requirements
4 3
4 5/29/2026
3 City of Mendota Focused General Plan Update

GENERAL PLAN REQUIREMENTS
5 › 2 bills require specific assessments
› Vulnerability Assessment (SB 379)
› Planning for Healthy Communities Act
Analysis (SB 1000)
› 2 bills require specific information
› Wildfire Risk (SB 1241) – Address wildfire in
Very High Fire Hazard Severity Zones
› Flooding (SB 5) – Address flood risk in 200-
year flood zones
10 bills reviewed for GP update
City of Mendota Focused General Plan Update

GENERAL PLAN REQUIREMENTS
6 › 3 bills require consideration during the
update process
› Air Quality (AB 170) – Include an Air Quality
element for jurisdictions in the San Joaquin
Valley
› Complete Streets (AB 1358) – Plan for
multimodal transportation networks
› Transportation Planning (SB 932) –
Incorporate Safe System approach to
transportation planning
10 bills reviewed for GP update
5 6
5/29/2026
4 City of Mendota Focused General Plan Update

GENERAL PLAN REQUIREMENTS
7 › 3 bills do not apply to Mendota
› Evacuation Routes (SB 99) – Plan evacuation
routes in hazard areas
› Disadvantaged Unincorporated
Communities (SB 244) – Identify and
address Disadvantaged Unincorporated
Communities
› Military Readiness (SB 1458 and 1462) –
Coordinate with military planning
10 new bills reviewed for GP update
City of Mendota Focused General Plan Update

VULNERABILITY ASSESSMENT
Climate Adaptation Planning
8 7
8 5/29/2026
5 City of Mendota Focused General Plan Update
LEGISLATION – SB 379
› Requires cities and counties to
address the impacts of climate change
in their communities
› Focuses on adaptation versus
mitigation
› Requires climate adaptation planning:
› Phase 1: Vulnerability assessment to
evaluate community risk
› Phase 2: Goals, policies, and
implementation measures in the
General Plan
9 City of Mendota Focused General Plan Update

METHODOLOGY
› Review Fresno County Multi-Jurisdictional
Local Hazard Mitigation Plan (LHMP)
› Addressed hazards on a countywide basis
› Addressed Mendota specific hazards through
the “Mendota Annex”
› Evaluate vulnerability assessment
completed
› Identify additional considerations beyond
› Goals and objectives of the LHMP
› Existing Mendota General Plan policy
10 9
10 5/29/2026
6 City of Mendota Focused General Plan Update

IDENTIFIED HAZARDS
› Agricultural Hazards
› Dam Failure
› Drought
› Earthquake
› Flood
› Hazardous Materials
11 › Severe Weather
› Extreme Heat
› Wildfire
Mendota Annex
Rating is of overall risk, which considers
probability and impact, among other factors.

City of Mendota Focused General Plan Update

ADDITIONAL CONSIDERATIONS
› Review assets at risk
› Critical facilities for emergency response and
management
› Identify vulnerabilities and potential losses
› Assess community capability to address risks
› Regulations (e.g., adopted documents)
› Administration (e.g., City departments, staff)
› Finance (e.g., available funding resources)
› Education and Outreach (e.g., communication)
› Other Mitigation Efforts (e.g., tasks completed)
12 11
12 5/29/2026
7 City of Mendota Focused General Plan Update

SUMMARY AND RECOMMENDATIONS
13 › Vulnerability assessment in the LHMP meets
the requirements of SB 379
› LHMP concluded that Mendota has existing
mechanisms in place to address hazards
› Incorporate Fresno County LHMP by
reference into the General Plan
› Policy Considerations
› Build stormwater basin to accommodate
stormwater flows
› Maintain compliance with SGMA
City of Mendota Focused General Plan Update

PLANNING FOR HEALTHY

COMMUNITIES
Community Analysis
14 13
14 5/29/2026
8 City of Mendota Focused General Plan Update
LEGISLATION – SB 1000
› Requires cities and counties to address health risks to disadvantaged communities
› Mendota is identified as a disadvantaged community under the terms of SB 1000
› Focuses on the following health risks:

1. Pollution Exposure and Air Quality

2. Public Facilities

3. Food Access

4. Safe and Sanitary Homes

5. Physical Activity

6. Community Engagement
15 Environmental Justice (SB
1000)
The Planning for Healthy
Communities Act requires
jurisdictions meeting certain
criteria to adopt an
Environmental Justice element
addressing unique health risks to
the community.

City of Mendota Focused General Plan Update

METHODOLOGY
› Focus on equitable distribution of
resources across the community
› Conduct community analysis
› Mapping of facilities and locations
› Review of existing City practice
› Evaluate distribution of facilities and
resource investment
› Identify additional policy
considerations
16 15
16 5/29/2026
9 City of Mendota Focused General Plan Update

1. POLLUTION AND AIR QUALITY
17 › Mapped primary pollution sources in
Mendota:
› Gas stations
› Sensitive uses are generally welllocated away from pollution sources › Recommendation: Consider following
California Air Resources Board siting
recommendations for new
development
Proximity to Air Pollution Sources
Figure 6: Pollution Sources
City of Mendota Focused General Plan Update

1. POLLUTION AND AIR QUALITY
18 › Mapped Envirostor database sites
› Sites are addressed through clean-up
programs and land use limitations
› Recommendation: No additional
policies
Proximity to Hazardous Sites
Figure 7: Hazardous Sites
17 18
5/29/2026
10 City of Mendota Focused General Plan Update

2. PUBLIC FACILITIES
19 › Analysis considered distribution and/or
investment in the following facilities
and services
› Public Services and Utilities
› Streets and Transit Services
› Healthcare and Emergency Services
› Public and Community Services
› Evaluated:
› Distribution and access
› Condition
› Operational and Future Capacity
City of Mendota Focused General Plan Update

2. PUBLIC FACILITIES
20 › Summary:
› Distribution and access are equitable
› Conditions are sufficient
› Operational and future capacity are
sufficient
› Recommendation: Monitor and
address additional facility needs as
development occurs
Public Services and Utilities
Figure 9: Public Services
19 20
5/29/2026
11 City of Mendota Focused General Plan Update

2. PUBLIC FACILITIES
21 › Summary:
› Distribution and access are equitable
› Conditions are sufficient
› Operational and future capacity are
sufficient
› Recommendation: Coordinate with
regional transportation agencies
Streets and Transit Services
Figure 10: FCRTA Services Map
City of Mendota Focused General Plan Update
› Summary:
› Distribution and access are equitable
› Conditions are sufficient
› Operational and future capacity are
sufficient
› Recommendation: Consider programs
to improve access for those outside
walking distance

2. PUBLIC FACILITIES
22 Healthcare and Emergency Services
Figure 11: Healthcare Facilities
21 22
5/29/2026
12 City of Mendota Focused General Plan Update

2. PUBLIC FACILITIES
23 Public and Community Services
› Summary:
› Distribution and access are equitable
› Conditions are sufficient
› Operational and future capacity are
sufficient
› Recommendation: no additional
policies
Figure 8: Community Amenities
City of Mendota Focused General Plan Update

3. FOOD ACCESS
24 › Mapped two primary healthy food
locations:
› Food markets
› Farmers markets
› Most residents live within walking
distance of a grocery store or own a
car
› Recommendation: No additional
policies
Figure 12: Food Access
23 24
5/29/2026
13 City of Mendota Focused General Plan Update

4. SAFE AND SANITARY HOMES
25 › Ensure consistency with the Housing Element
› Observations
› Older homes are at higher risk of containing toxic substances › 20.3% of households in Mendota experience overcrowding › 23% of households in Mendota are cost-burdened
› Recommendations
› Increase awareness of warning signs through education campaigns › Encourage construction of affordable and multi-generational housing units
› Increase awareness of and participation in affordable housing programs City of Mendota Focused General Plan Update

5. PHYSICAL ACTIVITY
26 › Mapped two components:
› Existing and planned parks
› Active transportation facilities
› Most of Mendota has access to active
transportation facilities and parks
› Bike infrastructure is limited
› Recommendation: Close key gaps in
the bike network and conduct studies
to assess quality of infrastructure
Figure 13: Physical Activity
25 26
5/29/2026
14 City of Mendota Focused General Plan Update

6. CIVIC ENGAGEMENT
27 › Mendota’s public meetings are hosted at City Hall
› Translation services are available if requested in advance › Recommendation: Assess meeting times and locations based on the project to ensure key stakeholders can attend. Consider providing virtual attendance options, childcare, and bilingual services to remove participation barriers.

City of Mendota Focused General Plan Update

UPDATE OVERVIEW AND KEY

FEATURES
28 27
28 5/29/2026
15 City of Mendota Focused General Plan Update

UPDATE OVERVIEW
29 Safety
› New and updated policies related to:
› Implementation of the Fresno County MultiHazard Mitigation Plan › Water Quality
› Flooding risk
› Coordination with other State agencies related
to hazardous materials
City of Mendota Focused General Plan Update

UPDATE OVERVIEW
30 Community Health
› New element to address legislative
requirements
› Policies related to:
› Air quality
› Access to health care and public facilities
› Civic engagement opportunities
29 30
5/29/2026
16 City of Mendota Focused General Plan Update

UPDATE OVERVIEW
31 Implementation
› Added an implementation chapter to
summarize action items by category
› Groups similar actions to combine
implementation efforts
› Provides monitoring framework for
annual reporting and budgeting
City of Mendota Focused General Plan Update

NEXT STEPS
Public Review Draft General Plan
› Public Review Draft General Plan anticipated for release in June 2026
Adoption Hearing
› Planning Commission Recommendation Hearing expected in August
› City Council Adoption Hearing expected in September
32 31
32 5/29/2026
17 City of Mendota Focused General Plan Update
STAY ENGAGED!
33 Sign-up for notifications
 Sign-in sheet
 Project website
Watch for announcements
 Constant Contact emails
mendota-gp-update.com
City Contact Information
Cristian Gonzalez
City Manager
p: (559) 655-4298
e: [email protected]
33 1
AGENDA ITEM – STAFF REPORT
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: NORA VALDEZ, FINANCE DIRECTOR
VIA: CRISTIAN GONZALEZ, CITY MANAGER
SUBJECT: PRESENTATION OF PROPOSED BUDGET FOR FISCAL YEAR 2026-27 DATE: JUNE 2, 2026
ISSUE
Shall the City Council review the proposed attached budget and provide feedback and direction for Fiscal Year 2026-2027?

BACKGROUND
As part of the City of Mendota’s (“City”) annual budget development process, staff has prepared a proposed budget for Fiscal Year 2026-2027. This preliminary budget incorporates anticipated revenues, ongoing operational costs, and a considerable number of capital and infrastructure projects across multiple departments.

There are two types of funds presented in this budget: General and Enterprise Fund. The General Fund consists of nine departments: Council, Administration, Finance, Planning and Engineering, Police, Code Enforcement, Animal Control, Building, and Buildings and Grounds. It generates its revenue primarily from property tax, sales tax, and fees.

Enterprise Funds consist of Water, Sewer, Refuse, Streets, the Lighting and Maintenance District, and Community Facilities District. These are self-balancing funds that have restricted uses on how money can be spent. Funds consist of user fees for water and sewer service, or specialized voter-approved taxes.

ANALYSIS
The Fiscal year 2026-2027 proposed Budget includes significant investments in infrastructure, facilities and services that enhance the quality of life of our residents. We continue to focus on responsible budgeting and fiscal discipline due to an increase in operational expenses compared to previous years.

With the leadership of our City Council, the City is able to implement several projects. Some key projects include, Rehabilitation of 5th & Quince Street, 2024 $5 Million Local Street Reconstruction program, Amador & Smoot Extension, Westside Water Tank & Pump project, Water tank replacement project, 2nd Street and Naples Stormwater improvement project., Alley repaving project, Naples Street reconstruction between 7th and 8th street, 7th Street rehabilitation between Unida and Naples Street.
2 Grant Funded projects include the $10 Million dollar Community Center project from the California Natural Resources Agency (“CNRA”), and Housing and Urban Development (“HUD”) funding. Community Oriented Policing Services (“COPS”) grants for hiring police officers, San Joaquin Valley Air Pollution Control District grants to use towards the purchase of fuel-efficient vehicles, and various grants for additional street projects.

For parks and recreation, we have allocated funding for land acquisition on 7th Street, as well as City of Mendota welcome signage. We have earmarked funds from Landscape Lighting & Maintenance District to install playground structure improvements to La Colonia Park.

Maintaining and upgrading our City Infrastructure is essential for City growth. We have allocated funding for City Hall conference room build out, Police department shooting range, as well as allocating street funds for the purchase of a new street sweeper and street roller.

CONCLUSION
This year we will continue to be more strategic than ever, leveraging local funds with outside resources, such as the CNRA grant, COPS grants, Congestion and Mitigation Air Quality (“CMAQ”) grants, and Sustainable Transportation Planning (“STPL”), Transportation Housing and Urban Development (“THUD”), California State Water Resource Control Board (“OSG”).

Staff will also continue to attract economic development projects and grant funding opportunities.

RECOMMENDATION:

Following tonight’s discussion and input from the Council, staff will refine the budget document in alignment with Council direction, and return with a proposed budget for adoption prior to the start of the 2026-2027 Fiscal Year.

Attachment:

1. Fiscal Year 2026-2027 Proposed Budget
City of Mendota
Fiscal Year
2026 – 2027
Proposed Budget
Table of Contents
Page
I. Directory 1
II. General Fund - Summary ….............................................. 2 General Fund Revenues Summary………………………………. 3
General Fund Expenditures Summary…………………………. 4
III. General Fund Budget …................................................... 5 City Council………………………………………………………………. 6
City Administration……………………………………………………. 7
Finance Department…………………………………………………… 8
Planning & Engineering………………………………………………. 9
Police…………………………………………………………… 10
Code Enforcement…………………………………………………….. 11
Animal Control………………………………………………………….. 12
Building Department………………………………………………….. 13
Buildings & Grounds………………………………………………….. 14
IV. Enterprise Fund Budget …................................................ 15 Refuse Operation Fund………………………………………………. 16
Sewer Operation Fund……………………………………………….. 17
Water Operation Fund……………………………………………….. 18
Gas Tax - Street Fund…………………………………………………. 19
Measure "C" - Street Fund…………………………………………… 20
"LTF" - Street Fund…………………………………………………….. 21
Mendota "CFD" Fund………………………………………………….. 22
Aviation……………………………………………………………………… 23
"COPS" Fund……………………………………………………………… 24
Donation Fund…………………………………………………………… 25
Landscape & Lighting Maintenance District….............. 26 V. Organizational Chart……………………………………………………………….. 27
VI. Payroll Allocations Summary …………………………………………………….. 28-29 Directory
City of Mendota
643 Quince Street
Mendota, CA 93640
Phone: (559) 655-3291
Fax: (559) 655-4064
City Council Meeting are scheduled every 1st and 3rd Tuesday of the month at City Council Chamers 725 Riofrio Street, Mendota, CA 93640 City Council
Mayor Victor Martinez Term Expires 2026
Mayor Pro-Tem Jose Alonso Term Expires 2028
Council Member Libertad Lopez Term Expires 2026
Council Member Joseph Riofrio Term Expires 2026
Council Member Jesus Mendoza Term Expires 2028
Departments
City Manager/ Public
Works Director
Cristian
Gonzalez
559 860-8882 [email protected]
Director of
Administrative
Services/ Assistant
City Manager
Jennifer
Lekumberry
559 630-2849 [email protected]
Finance Director Nora Valdez 559 260-5057 [email protected] Police Chief Frank Renteria 559 223-6800 [email protected] City Clerk/ Events
Coordinator
Celeste
Cabrera-Garcia
559 577-7692 [email protected]
Contract Services
City Attorney Wanger Jones Helsley PC Attorneys 559 233-4800 City Engineer/ Planner Precision Civil Engineering 559 449-4500 1 General Fund Budget – Summary
1) General Fund Revenue Summary
A. Taxes & Fines
B. Revenues from Use of Money or Property
C. Inter-Governmental Agencies
D. Services
E. Other Revenues
2) General Fund Expenditure Summary
A. Salaries & Overtime
B. Fringe Benefits
C. Contract Services
D. Communication Supplies
E. Supplies
F. Fuel & Utilities
G. Repair & Maintenance
H. Property & General Liability Insurance
I. Meetings-Travel-Training
J. Other Expenditures
K. Capital Outlay
2 Proposed Budget for Fiscal Year 2026/27
General Fund Revenues
FY 25/26 Approved Approved Proposed
Average Actual as of Budget Budget Budget
Past 3 Years Apr-26 FY 24/25 FY 25/26 FY 26/27
TAXES & FINES:
01-3000-3010 Current Year Secured - Property Taxes 1,370,459 1,570,378 1,210,000 1,331,000 1,464,100 01-3000-3030 Prior Year Secured - Property Taxes 2,499 5,187 1,100 1,210 1,331 01-3000-3040 Current Year Unsecured - Property Taxes 16,350 12,090 17,600 19,360 21,296 01-3000-3050 Prior Year Unsecured - Property Taxes 1,052 847 1,100 1,210 1,331 01-3000-3070 Home Owner Apportionment - Property Taxes 1,458 1,371 1,430 1,573 1,730 01-3000-3150 Transfer Tax - Property Taxes 9,179 5,536 11,000 11,000 11,000 01-3100-3110 Sales Tax & Use Tax 1,324,891 1,388,777 1,150,000 1,435,897 1,435,897 01-3100-3120 Franchise Fees 157,539 172,617 150,000 150,000 150,000 01-3100-3130 Business License Tax 104,627 113,881 100,000 100,000 100,000 01-3100-3140 Transient Tax 5,450 9,421 3,300 3,630 3,993 01-3200-3210 Animal License Tax 722 165 1,000 1,000 1,000 01-3300-3310 Vehicle Fines 35,883 17,649 45,000 45,000 45,000 01-3300-3320 Code Enforcement Fees 14,634 13,873 14,300 15,730 17,303 01-3300-3340 Police Services 9,469 16,408 6,000 6,000 6,000 01-3300-3351 Police Administration Fees 6,931 5,778 7,150 7,865 8,652 01-3300-3359 Vehicle Impound Fees 27,103 23,560 27,500 30,250 33,275 01-3300-3362 DUI 10,657 4,250 13,200 14,520 15,972
01-3800-3350 Parking Citation 15,228 11,034 16,500 18,150 19,965 TOTAL TAXES & FINES 3,114,132 3,372,822 2,776,180 3,193,395 3,337,845 REVENUES FROM USE OF MONEY OR PROPERTY:
01-3400-3410 Investment Interest 10,358 19,074 6,000 6,000 6,000 01-3400-3420 Rental Income 113,116 100,268 111,720 127,361 145,191 TOTAL REVENUE MONEY & PROPERTY 123,474 119,342 117,720 133,361 151,191 INTER-GOVERNMENTAL AGENCIES:
01-3100-3115 Local Public Safety AB2788 55,315 45,946 60,000 60,000 60,000 01-3500-3580 Public Safety 7,000 - 10,500 10,500 10,500 01-3500-3600 Grants 3,552,181 526,137 5,515,203 4,615,203 8,684,922 01-4000-3520 Reimbursements 418,035 464,106 395,000 395,000 800,000 TOTAL INTER-GOV. AGENCIES 4,032,532 1,036,189 5,980,703 5,080,703 9,555,422 SERVICES:
01-3800-3890 Debit Card Services 3,779 5,836 2,500 3,000 3,000 01-3800-3810 Planning/Engineering (Pass-Thru) 47,454 27,363 65,000 50,000 50,000 01-3200-3228 Plan Check Fees 49,093 47,280 50,000 50,000 50,000 01-3800-3860 Street Sweeping 15,766 18,191 14,553 14,553 14,553 01-3200-3220 Building Fees 64,906 64,717 65,000 65,000 65,000 01-3222-4650 Encroachment Permits 4,055 4,165 4,000 4,000 4,000 TOTAL SERVICES 185,053 167,552 201,053 186,553 186,553
OTHER REVENUES:
01-4000-3126 Other Business Revenue 961,581 407,222 1,238,761 1,238,761 1,238,761 01-4000-4010 Sale of Property 3,617 852 10,000 - -
01-4000-4060 Over/Short 13 39 - - -
01-4000-4650 Capital Contributions 57,840 143,519 15,000 15,000 15,000 -
TOTAL OTHER REVENUES 61,470 551,632 1,263,761 1,253,761 1,253,761 01-3900-3903 TRANSFER 143,555 (1,920) 289,029
TOTAL GENERAL FUND REVENUES 7,660,215 5,245,617 10,628,446 9,847,773 14,484,772 3 Proposed Budget for Fiscal Year 2026/27
General Fund Expenditures
FY 25/26 Approved Approved Proposed
Average Actual as of Budget Budget Budget
Fund Description Past 3 Years Apr-26 FY 24/25 FY 25/26 FY 26/27

SALARIES & OVERTIME
01-xxxx-5010 Salaries, Regular 1,607,445 1,415,350 1,648,521 1,758,464 2,374,967 01-xxxx-5060 Overtime 159,047 113,431 250,378 113,331 132,769 Total Salaries & Overtime 1,766,492 1,528,781 1,898,899 1,871,795 2,507,737

FRINGE BENEFITS
01-xxxx-5900 Uniform 25,458 24,955 25,913 25,505 22,500 01-xxxx-6050 Retirement 135,597 183,626 174,215 184,548 199,157 01-xxxx-6060 Health & Life Insurance 235,670 302,744 296,660 339,860 374,216 01-xxxx-6070 F.I.C.A./Medicare 146,541 141,321 151,472 146,831 168,847 01-xxxx-6080 Workers Compensation 179,920 213,600 142,357 183,803 183,803 01-xxxx-6090 Unemployment Insurance 6,354 8,550 9,365 7,500 16,000 01-xxxx-6100 Disability Insurance 20,588 15,899 27,327 18,538 23,437 Total Fringe Benefits 750,129 890,695 827,310 906,585 987,960

CONTRACT SERVICES
01-xxxx-5100 Election 3,750 15,000 - - 5,000
01-xxxx-5820 Legal Services 109,630 121,000 86,891 121,000 107,000 01-xxxx-5821 Engineering Services 18,500 18,000 19,500 18,000 20,000 01-xxxx-5840 Audit 16,096 14,000 16,289 18,000 18,000
01-xxxx-5860 Contract Services - Dispatch 122,220 170,000 148,879 170,000 170,000 01-xxxx-5850 Contract Services 687,104 911,933 444,812 704,567 768,567 01-xxxx-5851 Contract Services (Pass-Thru) 38,316 50,000 34,948 30,000 30,000 01-xxxx-5400 Lab Fees 887 500 361 1,800 500
01-xxxx-5810 Abatement 4,340 8,000 20 5,000 3,000
Total Contract Services 1,000,843 1,308,433 751,700 1,068,367 1,122,067

COMMUNICATION
01-xxxx-5200 Telephone / Radio's 37,525 43,189 26,148 43,239 40,000 01-xxxx-5360 Postage 5,758 5,650 5,473 6,150 7,150
Total Communication 43,283 48,839 31,621 49,389 47,150

SUPPLIES
01-xxxx-5350 Office Supplies 22,076 20,833 20,562 24,833 16,000 01-xxxx-5800 Special Department Supplies 87,124 74,565 118,440 68,367 66,500 Total Supplies 109,200 95,398 139,002 93,200 82,500

FUEL & UTILITY
01-xxxx-5500 Fuel 24,067 22,125 18,077 32,000 38,000
01-xxxx-5510 Fuel Stipend 33,333 50,000 - 50,000 50,000 01-xxxx-5150 Utilities 76,046 76,000 69,139 83,000 100,000 Total Fuel & Utility 133,447 98,125 87,216 115,000 188,000

REPAIR & MAINTENANCE
01-xxxx-5450 Vehicle Maintenance/Operations 33,229 30,400 37,586 31,700 31,000 01-xxxx-5460 Facility Repair 33,441 54,500 15,323 30,500 42,000 01-xxxx-5600 Office Equipment Maintenance 4,255 6,000 766 6,000 5,000 Total Repair & Maintenance 70,925 90,900 53,675 68,200 78,000 01-xxxx-6110 P & GL INSURANCE 12,825 17,100 17,100 17,100 19,300 01-xxxx-6300 MEETINGS/TRAVEL/TRAINING 43,943 46,257 28,073 57,500 57,500

OTHER EXPENDITURES
01-xxxx-5300 Advertising & Publication 3,910 6,000 3,641 6,000 6,000 01-xxxx-5950 Rent/Lease of Equip./ PD Bld. 9,595 16,500 1,285 11,000 11,000 01-xxxx-6250 Memberships & Dues 20,666 25,600 14,899 21,500 49,200 01-xxxx-6305 K-9 Progam 1,387 1,600 1,850 711 2,100
01-xxxx-6400 Taxes and Assessments 569 711 697 300 711
01-xxxx-6510 Community Promotion 1,970 600 4,282 3,000 8,000 01-xxxx-xxxx Transfer 33,333 50,000 - 50,000 -
Total Other Expenditures 71,431 101,011 26,653 92,511 77,011 01-xxxx-6500 CAPITAL OUTLAY 4,118,029 1,855,841 5,251,780 5,246,465 9,124,922 TOTAL General Fund EXPENDITURES 8,120,547 6,081,380 $ 9,113,028 9,586,112 14,292,146 4 5
Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 City Council
01-5060-5010 Salaries, Regular 17,000 18,000 15,000 18,000 54,000 01-5060-5100 Elections 5,000 15,000 - - 5,000
01-5060-5200 Telephone 1,492 1,900 675 1,900 1,900
01-5060-5350 Office Supplies 392 500 177 500 500
01-5060-6060 Health & Life Insurance 67,134 70,069 52,155 79,178 79,178 01-5060-6070 F.I.C.A. / Medicare 1,894 1,377 2,306 2,000 2,767 01-5060-6100 Disability Insurance 324 162 310 500 500
01-5060-6300 Meetings/Travel/Training 17,136 15,000 11,409 25,000 25,000 01-5060-6510 Community Promotions 2,927 1,500 4,282 3,000 8,000 Total Expenditures 113,300 123,508 86,313 130,078 176,845 6 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 City Administration
01-5070-5010 Salaries, Regular 144,269 162,778 102,235 167,795 168,000 01-5070-5050 Bilingual Pay 7,189 5,290 8,557 7,719 11,752 01-5070-5060 Overtime 1,235 1,000 1,704 1,000 2,000
01-5070-5200 Telephone 2,447 2,600 2,142 2,600 2,600
01-5070-5300 Advertising & Publication 3,934 5,000 1,803 5,000 3,000 01-5070-5350 Office Supplies 13,406 9,833 16,553 13,833 8,000 01-5070-5360 Postage 3,684 3,500 3,553 4,000 4,500
01-5070-5450 Vehicle Maintenance/Operations 1,562 700 2,985 1,000 1,000 01-5070-5600 Office Equipment Maintenance 4,255 6,000 766 6,000 5,000 01-5070-5800 Special Department Supplies 6,686 10,000 5,057 5,000 5,000 01-5070-5820 Legal Services 71,891 70,000 75,672 70,000 70,000 01-5070-5850 Contract Services/Fire Protection 497,912 690,000 274,070 529,667 532,467 01-5070-5950 Lease Payment 2,796 4,000 387 4,000 4,000
01-5070-6050 Retirement 8,556 9,000 7,669 9,000 9,000
01-5070-6060 Health & Life Insurance 17,175 23,301 15,652 26,330 26,330 01-5070-6070 F.I.C.A. / Medicare 9,486 10,115 8,227 10,115 10,115 01-5070-6080 Workers Compensation 15,317 16,285 13,382 16,285 16,285 01-5070-6090 Unemployment Insurance 3,995 2,850 3,134 6,000 6,000 01-5070-6100 Disability Insurance 1,233 1,190 1,395 2,000 2,000 01-5070-6250 Memberships & Dues 16,436 20,000 14,307 15,000 15,700 01-5070-6300 Meetings/Travel/Training 10,958 16,000 4,875 12,000 12,000 01-5070-6500 Capital Outlay 96,834 250,000 502 40,000 540,000 Total Expenditures 941,256 1,319,442 564,626 954,344 1,454,749 • Fire Protection (516K) (5850),
• City Hall New Office/ Conference Room ($40,000), Airport Park Grant ($500,000) (6500) 7 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Finance Department
01-5080-5010 Salaries, Regular 33,764 35,208 28,785 37,300 37,300 01-5080-5050 Bilingual Pay 2,331 968 1,361 4,663 4,663
01-5080-5200 Telephone 467 450 452 500 500
01-5080-5350 Office Supplies 1,102 1,500 306 1,500 1,500 01-5080-5840 Audit Fee 16,096 14,000 16,289 18,000 18,000 01-5080-5900 Uniform 3,103 4,655 - 4,655 1,250
01-5080-6050 Retirement 1,890 1,400 2,270 2,000 2,000
01-5080-6060 Health & Life Insurance 6,838 7,625 5,263 7,625 7,625 01-5080-6070 F.I.C.A. / Medicare 2,163 2,092 2,306 2,092 2,092 01-5080-6080 Workers Compensation 3,544 3,360 3,771 3,500 3,500 01-5080-6100 Disability Insurance 307 246 374 300 300
01-5080-6250 Memberships & Dues 763 600 190 1,500 1,500 01-5080-6300 Meetings/Travel/Training 3,720 2,500 661 8,000 9,000 Total Expenditures 76,089 74,604 62,029 91,635 89,230
• Uniform Allowance for Management & AFSCME - ($2,830) - (5800) • Training for all Finance Department ($11,000 Split with Water & Sewer) - (6300) 8 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Planning & Engineering
01-5110-5010 Salaries - Regular 2,639 3,600 250 4,068 4,068 01-5110-5050 Bilingual Pay 127 180 - 200 -
01-5110-5300 Advertising & Publications 641 500 924 500 2,000 01-5110-5821 Engineering 18,500 18,000 19,500 18,000 20,000 01-5110-5850 Contract Services 92,060 100,000 46,179 130,000 120,000 01-5110-5851 Contract Services (Pass-Thru) 38,316 50,000 34,948 30,000 30,000 01-5110-6050 Retirement 4,040 6,060 - 6,060 6,060
01-5110-6060 Health & Life 4,749 7,123 - 7,123 7,123
01-5110-6070 F.I.C.A. / Medicare 4,755 7,123 19 7,123 7,123 01-5110-6080 Workers Compensation 216 314 20 314 314
01-5110-6100 Disability Insurance 25 36 3 36 36
01-5110-6500 Capital Outlay - - - -
Total Expenditures 166,068 192,936 101,843 203,424 196,724 • General Plan Amendment ($20,000) (5850)
9 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Police
01-6150-5010 Salaries - Regular 950,853 708,743 1,093,838 1,049,977 1,502,204 01-6150-5020 Salaries - Part - Time 43,289 124,681 5,188 - - 01-6150-5050 Bilingual Pay 31,143 25,000 19,513 48,916 26,797 01-6150-5060 Overtime 121,556 80,000 204,669 80,000 100,000 01-6150-5150 Utilities 31,749 23,000 42,246 30,000 50,000 01-6150-5200 Telephone 33,119 38,239 22,880 38,239 35,000 01-6150-5300 Advertising & Publication 471 500 914 - 500 01-6150-5350 Office Supplies 7,175 9,000 3,526 9,000 6,000 01-6150-5360 Postage 1,930 2,000 1,791 2,000 2,500
01-6150-5400 Lab Fees 1,320 1,800 361 1,800 500
01-6150-5450 Vehicle Maintenance/Operations 24,443 22,000 29,330 22,000 22,000 01-6150-5460 Facility Repair / Maint. 167 500 - - 5,000 01-6150-5500 Fuel 16,663 17,500 12,489 20,000 25,000
01-6150-5510 Fuel Stipend - 50,000 4,668 50,000 50,000
01-6150-5800 Special Department Supplies 38,918 37,350 43,405 36,000 36,000 01-6150-5820 Legal Services 25,824 36,000 5,471 36,000 30,000 01-6150-5850 Contract Services 65,396 80,000 100,189 16,000 50,000 01-6150-5860 Contract Services Dispatch 162,960 170,000 148,879 170,000 170,000 01-6150-5900 Uniform 12,824 18,200 2,073 18,200 18,200
01-6150-5950 Lease Payment 6,799 12,500 898 7,000 7,000 01-6150-6050 Retirement 138,080 139,617 135,005 139,617 139,617 01-6150-6060 Health & Life 158,000 146,696 161,538 165,766 165,766 01-6150-6070 F.I.C.A. / Medicare 94,162 89,251 103,985 89,251 100,000 01-6150-6080 Workers Compensation 112,033 143,555 77,343 115,200 115,200 01-6150-6090 Unemployment Insurance 5,877 5,700 6,231 5,700 10,000 01-6150-6100 Disability Insurance 12,624 10,501 16,871 10,501 15,000 01-6150-6110 P & GL Insurance 10,830 10,830 10,830 10,830 13,000 01-6150-6250 Memberships & Dues 3,467 5,000 402 5,000 32,000 01-6150-6300 Meetings/Travel 10,999 11,000 10,998 11,000 11,000 01-6150-6305 K-9 Program Expenses 1,850 1,600 1,850 2,100 2,100 01-6150-6500 Capital Outlay 274,538 225,000 118,267 480,348 79,000 Total Expenditures 2,399,063 2,245,763 2,385,648 2,670,445 2,819,385 • Mobile Data Panasonic Toughbook ($4,500), Non Lethal Expansion Kit ($1,295) - (5800) • Surveillance Intergration ($15,000), Digital Evidence Management System ($10,000) - 6250
• 2026 Ford Explorer w/ Uplift ($47,000), Tazer 10 Deployment ($5,000), Shooting Range ($20,000) - (6500)
10 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Code Enforcement
01-6160-5010 Salaries 34,776 42,000 30,838 31,491 42,350 01-6160-5060 Overtime 1,119 500 2,357 500 3,237
01-6160-5360 Postage 143 150 129 150 150
01-6160-5450 Vehicle Maintenance/Operations 852 700 1,156 700 1,000 01-6160-5500 Fuel 1,280 600 1,240 2,000 2,000
01-6160-5800 Special Department Supplies 808 690 1,033 700 1,000 01-6160-5810 Abatement 4,340 8,000 20 5,000 3,000
01-6160-5820 Legal Services 11,916 15,000 5,749 15,000 7,000 01-6160-5850 Contract Services 367 500 - 600 600
01-6160-5900 Uniform 718 600 953 600 1,000
01-6160-6050 Retirement 4,854 6,060 2,443 6,060 6,060
01-6160-6060 Health & Life Insurance 6,134 7,123 3,230 8,049 8,049 01-6160-6070 F.I.C.A. / Medicare 5,228 6,522 2,639 6,522 6,522 01-6160-6080 Workers Compensation 6,391 10,228 3,945 5,000 5,000 01-6160-6100 Disability Insurance 705 844 426 844 844
01-6160-6300 Travel/Meeting 1,043 1,500 130 1,500 500
Total Expenditures 80,673 101,017 56,287 84,716 88,312
11 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Animal Control
01-6170-5010 Salaries 35,652 49,052 26,412 31,491 36,273 01-6170-5060 Overtime 1,281 1,000 1,844 1,000 2,533
01-6170-5450 Vehicle Maintenance/Operations 1,586 2,000 759 2,000 2,000 01-6170-5460 Facility Repair/Maintenance 6,667 20,000 - - 7,000 01-6170-5500 Fuel 1,812 575 1,860 3,000 3,000
01-6170-5800 Special Department Supplies 3,870 4,400 3,709 3,500 4,000 01-6170-5850 Contract Services 19,443 18,100 22,128 18,100 20,000 01-6170-5900 Uniform 344 - 482 550 550
01-6170-6050 Retirement 1,448 1,124 2,095 1,124 1,124
01-6170-6060 Health & Life Insurance 2,542 2,176 2,992 2,459 2,459 01-6170-6070 F.I.C.A. / Medicare 2,213 2,182 2,276 2,182 2,182 01-6170-6080 Workers Compensation 3,465 3,504 3,388 3,504 3,504 01-6170-6100 Disability Insurance 294 257 369 257 257
01-6170-6300 Travel/Meeting - - 0 -
Total Expenditures 80,617 104,370 68,314 69,167 84,881
12 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Building Department
01-7180-5010 Salaries 48,845 54,449 38,159 53,928 52,405 01-7180-5050 Bilingual Pay 3,180 1,770 3,972 3,800 5,296 01-7180-5060 Overtime 33 100 - - -
01-7180-5300 Advertising & Publishing 440 500 320 500 500 01-7180-5500 Fuel 1,310 690 1,240 2,000 2,000
01-7180-5800 Special Department Supplies 1,048 500 2,144 500 500 01-7180-5850 Contract Services 100 - 300 - -
01-7180-6050 Retirement 2,416 2,474 1,978 2,796 2,796
01-7180-6060 Health & Life Insurance 1,772 2,486 343 2,486 2,486 01-7180-6070 F.I.C.A./Medicare 2,519 2,546 2,465 2,546 2,546 01-7180-6080 Workers Compensation 4,684 4,053 4,999 5,000 5,000 01-7180-6100 Disability Insurance 444 296 535 500 500
Total Expenditures 66,791 69,863 56,454 74,056 74,029
13 Approved Budget for Fiscal Year 2026/27

GENERAL FUND - EXPENDITURES
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Buildings & Grounds
01-7250-5010 Salaries 306,811 308,312 313,004 299,117 429,859 01-7250-5060 Overtime 26,201 30,831 16,940 30,831 25,000 01-7250-5150 Utilities 44,298 53,000 26,893 53,000 50,000 01-7250-5450 Vehicle Maintenance/Operations 4,090 5,000 2,270 5,000 5,000 01-7250-5460 Facility Repair/Maintenance 33,688 56,000 14,564 30,500 30,000 01-7250-5500 Fuel 3,853 3,450 3,108 5,000 6,000
01-7250-5800 Special Department Supplies 36,411 21,625 64,940 22,667 20,000 01-7250-5850 Contract Services 17,966 23,333 20,365 10,200 45,500 01-7250-5900 Uniform 1,253 1,500 759 1,500 1,500
01-7250-6050 Retirement 20,050 17,891 24,368 17,891 32,500 01-7250-6060 Health & Life Insurance 44,458 36,145 56,385 40,844 75,200 01-7250-6070 F.I.C.A./Medicare 23,882 20,113 26,534 25,000 35,500 01-7250-6080 Workers Compensation 34,641 32,301 36,622 35,000 35,000 01-7250-6100 Disability Insurance 3,331 2,367 4,026 3,600 4,000 01-7250-6110 Property & General Liability 6,270 6,270 6,270 6,270 6,300 01-7250-6400 Taxes & Assessments 706 711 697 711 711
01-7250-6500 Capital Outlay 3,746,656 4,776,780 1,737,072 4,726,117 8,505,922 Total Expenditures 4,354,564 5,395,630 2,354,815 5,313,248 9,307,992 • City Hall Conference Room & Office ($50K Split with Water & Sewer) - (6500) • Maintenance New Quince Property (40K),
• Community Center (8M CNRA Grant & 184,922 Per Capita Grant) (3) SJVAPCD Public Benefit Grant - Electronic Cart ($60,000), Council Chambers Wi-Fi Upgrade ($15,000 Split with Water & Sewer), General Land Acquisition ($110,000) (6500)
14 Enterprise Fund Budgets
1) Refuse Operation Fund
2) Sewer Operation Fund
3) Water Operation Fund
4) Gas Tax – Street Fund
5) Measure “C” – Street Fund
6) “LTF” – Street Fund
7) Mendota Community Facilities District Fund (CFD)
8) “COPS”
9) Donation Fund
10) Landscape & Lighting Maintenance District
15 Approved Budget for Fiscal Year 2026/27

REFUSE OPERATION FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
13-3400-3410 Interest Income - - - -
13-3900-3903 Transfer 31,084 87,225 74,000
13-4400 Refuse Service 1,381,991 1,495,886 1,154,200 1,495,886 1,538,933 13-3500-3600 State Grant 46,433 5,000 5,000 129,300 129,300 13-4000-4650 Misc Income - -
TOTAL REVENUES 1,428,424 1,531,970 1,159,200 1,712,411 1,742,233 Expenditures
13-7240-5010 Salaries, Regular 177,517 222,316 143,170 167,065 196,620 13-7240-5050 Bilingual Pay 7,408 7,225 6,645 8,353 9,125 13-7240-5060 Overtime 2,003 1,000 2,008 3,000 3,000
13-7240-5374 State Grant 47,581 5,000 8,443 129,300 129,300 13-7240-5800 Special Department Supplies 13,046 10,500 17,639 11,000 18,000 13-7240-5840 Audit 936 900 908 1,000 5,000
13-7240-5850 Contract Services 1,148,415 1,196,709 947,715 1,300,822 1,300,822 13-7240-6050 Retirement 15,080 17,496 10,246 17,496 14,072 13-7240-6060 Health & Life Insurance 22,728 23,879 17,561 26,744 25,288 13-7240-6070 F.I.C.A./Medicare 15,046 17,007 11,123 17,007 17,007 13-7240-6080 Workers Compensation 25,604 29,123 18,566 29,123 22,000 13-7240-6100 Disability Insurance 1,406 814 1,903 1,500 2,000 Total Expenditures 1,476,769 1,531,970 1,185,926 1,712,410 1,742,233 • Calrecycle - Beverage Grant ($124,300) - (5374)
16 Approved Budget for Fiscal Year 2026/27

SEWER OPERATION FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
10-3400-3410 Interest Income - - - - -
10-3500-3600 Grant 246,899 - - 740,698 3,839,187
10-3900-3903 Transfer 372,852 745,703 - -
10-4000-4650 Misc Revenue 21,155 (49) 63,515 - -
10-4300-4200 Sewer Service 1,416,452 1,519,989 1,209,378 1,519,989 1,612,504 10-4200-4300 Connection Fee 1,283 1,924 - 1,924 1,924
TOTAL REVENUES 2,058,641 2,267,566 1,272,893 2,262,611 5,453,615 Expenditures
10-7210-5010 Salaries, Regular 662,129 738,449 465,794 782,144 621,059 10-7210-5050 Bilingual Pay 25,812 24,000 14,330 39,107 19,107 10-7210-5060 Overtime 27,438 26,000 30,313 26,000 30,313 10-7210-5150 Utilities 60,131 52,000 76,394 52,000 102,000 10-7210-5200 Telephone 10,631 11,000 9,892 11,000 11,000 10-7210-5300 Advertising & Publication 490 600 269 600 600 10-7210-5350 Office Supplies 10,354 10,333 9,730 11,000 11,000 10-7210-5360 Postage 14,443 14,006 13,635 15,687 18,180 10-7210-5400 Lab Analysis 7,657 7,000 7,972 8,000 10,629 10-7210-5410 Chemicals 5,248 9,000 1,743 5,000 5,000
10-7210-5450 Vehicle Maintenance/Operations 6,814 6,000 8,443 6,000 6,000 10-7210-5460 Facility Repair / Maint. 87,084 62,291 90,261 108,700 115,000 10-7210-5500 Fuel 70,828 75,000 62,483 75,000 83,311
10-7210-5600 Office Equipment Maintenance 839 850 816 850 1,000 10-7210-5800 Special Department Supplies 22,447 22,600 22,141 22,600 20,000 10-7210-5820 Legal Services 28,508 28,000 29,525 28,000 20,000 10-7210-5821 Engineering Services 16,167 19,000 10,500 19,000 15,000 10-7210-5840 Audit 29,102 30,000 27,306 30,000 35,000
10-7210-5850 Contract Services 154,517 118,333 113,885 231,333 300,000 10-7210-5900 Uniform 6,769 7,230 5,847 7,230 7,230
10-7210-5950 Lease Payment 119,629 120,000 118,888 120,000 120,000 10-7210-6050 Retirement 39,762 42,325 34,637 42,325 42,325 10-7210-6060 Health & Life Insurance 89,279 129,292 83,545 55,000 120,304 10-7210-6070 F.I.C.A./Medicare 44,399 47,684 37,830 47,684 47,684 10-7210-6080 Workers Compensation 63,609 76,695 59,131 55,000 60,000 10-7210-6090 Unemployment Insurance 5,987 3,420 11,121 3,420 5,000 10-7210-6100 Disability Insurance 5,814 5,610 6,223 5,610 6,223 10-7210-6110 P & GL Insurance 7,182 7,182 7,182 7,182 7,182 10-7210-6200 Bond / Principle 56,667 85,000 - 85,000 95,000 10-7210-6210 Bond / Interest 94,606 111,409 61,000 111,409 111,409 10-7210-6250 Memberships & Dues 19,143 18,000 21,430 18,000 20,000 10-7210-6300 Meetings/Travel/Training 6,373 7,500 4,119 7,500 7,500 10-7210-6400 Taxes & Assessment 1,873 969 2,651 2,000 3,000 10-7210-6500 Capital Outlay 194,125 351,545 191,568 39,261 3,000,000 Total Expenditures 1,995,857 2,268,323 1,640,606 2,078,642 5,077,057 • Biosolid Sludge Removal ($65,000) (5460), Mass Notification System ($2,001), Engineering Sewer Interceptor $113k, - (5850)
• Wi-Fi System Upgrade ($1,500), Council Chambers Office & Conference Room ($5000)
• 2nd & Naples Street Stormwater Improvement Project ($3,000,000) (6500) 17 Approved Budget for Fiscal Year 2026/27

WATER OPERATION FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 02-3400-3410 Interest Income 33 50 - 50 2,683
02-3500-3600 Grant 2,339,182 3,600,000 1,217,547 2,200,000 1,650,000 02-3900-3903 Transfer 1,015,121 739,985 - 2,305,378 -
02-4000-4650 Misc Income 22,560 1,500 64,681 1,500 65,000 02-4200-4201 Water Service 2,245,238 2,396,795 1,942,123 2,396,795 2,589,497 02-4200-4213 Repair Charge 5,637 3,000 10,912 3,000 11,000 02-4200-4300 Connection Fee 19,340 12,000 34,020 12,000 20,000 02-4200-4330 Penalty/Shut-Off 44,512 37,317 46,219 50,000 61,626 TOTAL REVENUES 5,691,624 6,790,647 3,315,501 6,968,723 4,399,805 02-7220-5010 Salaries, Regular 363,859 758,833 468,491 819,616 643,394 02-7220-5050 Bilingual Pay 26,742 24,662 14,584 40,981 40,981 02-7220-5060 Overtime 22,950 30,000 36,231 30,000 30,000 02-7220-5150 Utilities 407,406 380,000 347,846 400,000 463,795 02-7220-5200 Telephone 18,939 21,000 14,097 25,000 18,796 02-7220-5300 Advertising & Publication 1,658 1,200 565 1,200 800 02-7220-5350 Office Supplies 5,016 9,834 9,730 10,000 10,000 02-7220-5360 Postage 7,934 10,640 10,658 12,000 14,211
02-7220-5400 Lab Analysis 19,242 25,000 15,926 25,000 25,000 02-7220-5410 Chemicals 35,605 52,000 37,151 52,000 50,000 02-7220-5450 Vehicle Maintenance/Operations 9,299 13,000 5,816 13,000 10,000 02-7220-5460 Facility Repair / Maint. 49,832 240,000 38,102 164,700 116,061 02-7220-5500 Fuel 36,401 60,000 54,157 65,000 72,209
02-7220-5600 Office Equipment Maintenance 7,284 850 816 1,000 1,000 02-7220-5800 Special Department Supplies 36,909 46,700 65,245 46,700 45,000 02-7220-5820 Legal Services 33,445 32,000 25,806 32,000 25,000 02-7220-5821 Engineering Services 18,000 18,000 10,500 18,000 18,000 02-7220-5840 Audit 24,847 30,000 27,306 30,000 35,000
02-7220-5850 Contract Services 81,582 93,333 122,881 143,333 140,000 02-7220-5900 Uniform 5,023 7,830 6,798 7,830 7,830
02-7220-5950 Lease Payment 166,615 309,000 315,809 336,000 336,000 02-7220-6050 Retirement 18,154 32,888 34,904 36,000 46,539 02-7220-6060 Health & Life Insurance 93,061 146,425 96,492 163,996 138,948 02-7220-6070 F.I.C.A./Medicare 28,972 55,232 38,001 55,232 55,232 02-7220-6080 Workers Compensation 56,211 88,780 58,696 60,000 65,000 02-7220-6090 Unemployment Insurance 1,819 3,420 11,121 3,420 3,500 02-7220-6100 Disability Insurance 4,053 6,498 6,242 6,498 6,500 02-7220-6110 P & GL Insurance 3,009 9,120 9120 9,120 9,120 02-7220-6200 Bond / Principle 85,424 60,000 60,000 57,000 60,000 02-7220-6210 Bond / Interest - 10,000 4,095 9,473 9,500 02-7220-6250 Memberships & Dues 21,970 8,000 25,452 28,000 28,000 02-7220-6300 Meetings/Travel/Training 766 8,500 3,788 29,900 10,000 02-7220-6400 Taxes & Assessment 217 357 310 357 400
02-7220-6500 Capital Outlay 48,663 4,161,545 2,788,416 4,190,367 1,669,079 02-7220-5854 Online Fees 12,353 36,000 31,352 36,000 36,000 Total Expenditures 1,753,259 6,790,647 4,796,504 6,958,723 4,240,894 • Mass Notification System ($2,001) - (5850)
• USDA Loan Principal & Interest ($57,000 & $9,478) (6200, 6210) • Water Tank & Pump ARPA (1 M), Repair Existing Water Tank ($650,000), Wifi System Upgrade ($1500), Council Chambers Office & Conference Room ($5000) • 120 Water PWS Application (5460)
18 Approved Budget for Fiscal Year 2026/27

GAS TAX STREET FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
07-3500-3527 State Allocation - - -
07-3500-3528 State Allocation - 2032 207,455 185,296 229,538 207,532 229,538 07-3500-3529 State Allocation - 2103 96,666 94,474 89,713 105,811 105,811 07-3500-3530 State Allocation - 2105 63,567 62,788 57,590 70,323 70,323 07-3500-3531 State Allocation - 2106 37,312 36,832 33,851 41,252 41,252 07-3500-3532 State Allocation - 2107 84,929 84,466 75,719 94,601 94,601 07-3500-3533 State Allocation - 2107.5 3,000 3,000 3,000 3,000 3,000 07-3400-3410 Interest Income (299) - (898) - -
07-3900-3903 Interfund Transfer - - 117,464
07-3500-3600 Grants 4,460,734 6,339,717 702,769 6,339,717 3,992,297 07-4000-4650 Misc Revenue - - -
Total Revenues 4,953,364 6,806,574 1,191,282 6,862,236 4,654,286 Expenditures
07-7190-5010 Salaries, Regular 54,324 74,711 23,840 64,421 66,354 07-7190-5050 Bilingual Pay 2,214 2,428 993 3,221 3,318
07-7190-5060 Overtime 348 500 45 500 500
07-7190-5150 Utilities- Street Lights 114,317 115,525 88,795 138,630 140,000 07-7190-5450 Vehicle Maintenance / Operations 1,046 1,200 739 1,200 1,200 07-7190-5470 Street Repair / Maintenance 18,972 25,000 6,917 25,000 25,000 07-7190-5800 Special Department Supplies 10,020 10,000 13,061 7,000 13,000 07-7190-5821 Engineering Services 7,333 11,000 - 11,000 11,000 07-7190-5840 Audit Fees 4,553 2,100 5,458 6,100 6,100
07-7190-6050 Retirement 2,802 3,406 1,594 3,406 3,406
07-7190-6060 Health & Life Insurance 7,202 9,686 1,073 10,848 10,848 07-7190-6070 F.I.C.A./Medicare 3,525 4,335 1,904 4,335 43,352 07-7190-6080 Workers Compensation 5,758 7,077 3,119 7,077 7,077 07-7190-6100 Disability Insurance 448 505 334 505 505
07-7190-6500 Capital Outlay 4,712,124 6,357,050 1,379,605 6,399,717 4,322,627 Total Expenditures 4,944,986 6,624,524 1,527,475 6,682,960 4,654,286 • Street Roller ($45,000 -Split w/ 7, 12, 14) Street Sweeper ($510K Split w/ 07, 12 ,14) Naples Street, 7th Street, Alley ($446,000 - Split w/ 7, 12, 14) (6500) Projects for 2026-27 Budget (6500)
1 Rehabilitation 5th Street & Quince Street $ 474,048.00 2 Smoot Avenue Improvements $ 197,239.20
3 2024 Local Street Reconstruction Project $ 2,400,000.00 4 Citywide Railroad Corridor Crossing Improvements $ 366,192.00 5 Amador & Smoot Extension $ 554,817.83
Total Project Cost $ 3,992,297.03
Grant Funded $ 3,533,182.87
City's Portion $ 459,114.16
19 Approved Budget for Fiscal Year 2026/27
MEASURE "C" STREET FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
14-3100-3175 County Allocation 172,955 172,508 173,849 172,508 173,849 14-3100-3180 County Allocation (ADA) 5,819 5,805 5,847 5,805 5,847 14-3100-3190 County Allocation (Flexible) 207,585 206,986 208,784 206,986 208,784 14-3400-3410 Interest Income - - - -
14-3500-3600 Grants 1,593,045 2,245,316 288,502 2,245,316 1,413,939 14-3900-3903 Interfund Transfer 2,200 2,200 306,452
Total Revenues 1,981,604 2,632,815 676,982 2,630,615 2,108,871 14-7190-5010 Salaries, Regular 178,590 233,718 145,474 156,579 161,276 14-7190-5050 Bilingual Pay 5,711 7,596 1,708 7,829 8,064 14-7190-5060 Overtime 187 - 560 - -
14-7190-5420 Street ADA Projects - - - - -
14-7190-5450 Vehicle Maintenance/Operations 22,917 19,693 29,059 20,000 20,000 14-7190-5470 Street Repair / Maint. 13,807 21,668 4,753 15,000 15,000 14-7190-5480 Sidewalk / Curb / Gutter-Maint. 450 901 - - 14-7190-5800 Special Department Supplies 18,190 15,525 14,044 25,000 25,000 14-7190-5840 Audit 5,292 2,862 6,151 6,862 6,862
14-7190-5850 Contract Services 25,692 26,000 25,075 26,000 26,000 14-7190-6050 Retirement 12,046 12,590 10,957 12,590 12,590 14-7190-6060 Health & Life Insurance 39,866 44,675 24,887 50,036 50,036 14-7190-6070 F.I.C.A./Medicare 13,585 14,566 11,623 14,566 14,566 14-7190-6080 Workers Compensation 21,823 23,505 18,459 23,505 23,505 14-7190-6100 Disability Insurance 1,764 1,703 1,885 1,703 1,703 14-7190-6500 Capital Outlay 1,660,448 2,262,649 467,179 2,251,516 1,744,269 Total Expenditures 2,020,367 2,687,650 761,814 2,611,186 2,108,871 • Street Roller ($45,000 -Split w/ 7, 12, 14) Street Sweeper ($510K Split w/ 07, 12 ,14) Naples Street, 7th Street, Alley ($446,000 - Split w/ 7, 12, 14) - (6500) Projects for 2026-27 Budget (6500)
1 Rehabilitation 5th Street & Quince Street $ 167,892.00 2 Smoot Avenue Improvement $ 69,855.55
3 2024 Local Street Reconstruction Project $ 850,000.00 4 Citywide Railroad Corridor Crossing Improvements $ 129,693.00 5 Amador & Smoot Extension $ 196,497.98
Total Project Cost $ 1,413,938.53
Grant Funded $ 1,251,335.60
City's Portion $ 162,602.93
20 Approved Budget for Fiscal Year 2026/27
"LTF" STREET FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
12-3100-3160 Article III 14,283 14,014 14,418 14,418 14,418 12-3100-3170 Article VIII 467,486 502,864 390,487 509,108 509,108 12-3100-3410 Interest Income 100 100 100 100
12-3500-3600 Grants 3,247,275 4,622,710 496,406 4,622,710 2,911,050 12-3900-3903 Interfund Transfer - - - 200,000
12-4000-4650 Other Revenue - - - -
Total Revenues 3,729,145 5,139,688 901,311 5,146,336 3,634,676 Expenditures
12-7190-5010 Salaries, Regular 152,063 145,585 161,655 148,948 153,416 12-7190-5050 Bilingual Pay 4,629 4,732 1,708 7,447 7,671 12-7190-5060 Overtime 1,207 1,000 1,620 1,000 1,000
12-7190-5440 Street Painting - - - -
12-7190-5450 Veh. Maint/Operations 11,771 16,000 3,314 16,000 15,000 12-7190-5470 Street Repair 26,561 35,000 9,683 35,000 35,000 12-7190-5480 Sidewalk / Curb 1,000 1,000 1,000 1,000
12-7190-5500 Fuel 34,599 34,000 31,718 38,080 38,080
12-7190-5800 Special Department Supplies 27,492 24,000 28,476 30,000 30,000 12-7190-5821 Engineering Services 2,500 5,000 - -
12-7190-5840 Audit Fees 5,426 3,000 6,277 7,000 7,000
12-7190-5850 Contract Services 5,752 3,000 6,256 8,000 8,000 12-7190-6050 Retirement 11,532 11,267 12,063 11,267 12,000 12-7190-6060 Health & life Insurance 28,324 26,088 29,665 29,219 31,557 12-7190-6070 F.I.C.A./Medicare 11,118 10,269 12,815 10,269 10,269 12-7190-6080 Workers Compensation 17,309 16,606 18,714 16,606 16,606 12-7190-6100 Disability Insurance 1,451 1,198 1,956 1,198 1,198 12-7190-6500 Capital Outlay 3,408,383 4,640,043 956,195 4,628,910 3,241,380 Total Expenditures 3,751,115 4,977,788 1,282,113 4,989,944 3,609,177 • Street Roller ($45,000 -Split w/ 7, 12, 14) Street Sweeper ($510K Split w/ 07, 12 ,14) Naples Street, 7th Street, Alley ($446,000 - Split w/ 7, 12, 14) - (6500) Projects for 2026-27 Budget (6500)
1 Rehabilitation 5th Street & Quince Street $ 345,660.00 2 Smoot Avenue Improvements $ 143,820.25
3 2024 Local Street Reconstruction Project $ 1,750,000.00 4 Citywide Railroad Corridor Crossing Improvements $ 267,015.00 5 Amador & Smoot Extension $ 404,554.50
Total Project Cost $ 2,911,049.75
City Portion $ 1,447,083.00
Grant Funded $ 1,463,966.75
21 Approved Budget for Fiscal Year 2026/27

MENDOTA CFD FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
61-3000-3015 Mendota CFD / 2006 - 01 456,937 486,847 297,820 586,144 586,444 61-3400-3410 Interest Income 50 50 50 50
61-3900-3903 Interfund Transfer - - 258,813 281,189
Total Revenues 456,987 486,897 297,820 845,007 867,683
Expenditures
61-6150-5010 Salaries, Regular 370,369 272,844 253,217 585,046 602,597 61-6150-5050 Bilingual Pay 15,764 8,867 9,171 29,252 30,130 61-6150-5060 Overtime 13,357 - 30,070 10,000 10,000
61-6150-5510 Fuel Stipend 6,908 - 4,725 16,000 16,000
61-6150-5850 Contract Services 14,985 - 20,548 24,407 24,407 61-6150-6050 Retirement 47,217 54,286 33,080 54,286 54,286 61-6150-6060 Health & life Insurance 43,817 47,400 30,963 53,088 57,335 61-6150-6070 F.I.C.A./Medicare 24,086 24,871 22,516 24,871 24,871 61-6150-6080 Workers Compensation 34,606 40,057 23,703 40,057 40,057 61-6150-6100 Disability Insurance 3,875 - 3,624 8,000 8,000 Total Expenditures 574,984 448,325 431,618 845,007 867,683 22 Approved Budget for Fiscal Year 2026/27
"COPS" FUND
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
23-3500-3560 COPS 233,846 250,000 201,537 250,000 250,000 23-3400-3410 Interest Income - - -
23-3900-3903 Interfund Transfer - - 162,735 50,000
Total Revenues 233,846 250,000 201,537 412,735 300,000
23-6150-5010 Salaries, Regular 210,213 155,269 166,724 308,647 190,000 23-6150-5050 Bilingual Pay 7,735 5,046 2,726 15,432 15,432 23-6150-5060 Overtime 5,903 - 17,709 - -
23-6150-5510 Fuel Stipend - - 4,407 - -
23-6150-6050 Retirement 22,054 22,323 21,516 22,323 22,323 23-6150-6060 Health & life Insurance 25,405 25,289 22,601 28,324 30,590 23-6150-6070 F.I.C.A./Medicare 14,200 13,970 14,661 13,970 13,970 23-6150-6080 Workers Compensation 21,823 22,549 20,371 22,549 22,549 23-6150-6100 Disability Insurance 1,786 1,490 2,378 1,490 1,490 Total Expenditures 309,119 245,937 273,092 412,735 296,354 23 Approved Budget for Fiscal Year 2026/27

DONATION FUND
Approved
Budget
Fund Description FY 26/27
Donation Fund
24-4000-4650 Donations 6,000
Total Revenues 6,000
Expenditures
24-5090-5800 Special Department Supplies 6,000
Total Expenditures 6,000
Excess of Revenues over Expenditures -
National Night Out
24 Approved Budget for Fiscal Year 2026/27

LANDSCAPE LIGHTING MAINTENANCE DISTRICT
Approved FY 25/26 Approved Proposed
Average Budget Actual as of Budget Budget
Fund Description Past 3 Years FY 24/25 Apr-26 FY 25/26 FY 26/27 Revenues
78-3000-3015 L&LMD 18,277 22,071 10,750 22,010 22,010
78-3900-3903 Transfer 15,000 17,095 42,100
Total Revenues 18,277 22,071 10,750 39,105 64,110
Expenditures
78-7250-5010 Salaries 18,053 22,592 6,206 25,362 25,362 78-7250-5060 Overtime 137 200 12 200 200
78-7250-5150 Utilities 355 500 66 500 500
78-7250-5460 Facility Repair/Maintenance 1,667 2,500 - 2,500 2,500 78-7250-5800 Special Department Supplies 502 500 505 500 500 78-7250-5850 Contract Services 1,183 1,200 1,150 1,200 1,200 78-7250-6050 Retirement 1,300 1,717 465 1,717 1,717
78-7250-6060 Health & Life Insurance 2,840 3,601 887 4,033 4,033 78-7250-6070 F.I.C.A./Medicare 1,343 1,760 509 1,760 1,760 78-7250-6080 Workers Compensation 450 629 93 629 629
78-7250-6100 Disability Insurance 165 207 81 207 207
78-7250-6110 Property & General Liability 304 456 - 456 456 78-7250-6400 Taxes & Assessments 27 41 - 41 41
78-7250-6500 Capital Outlay - - - - 25,000
Total Expenditures 28,327 35,903 9,975 39,105 64,105
25 City of Mendota
Organizational Chart
City Council
City Manager/Public
Works Director
Cristian Gonzalez
City Clerk/Events
Coordinator
Celeste Cabrera
Deputy City
Clerk/Recreational
Coordinator
Director of Administrative
Services/Assistant Manager
Jennifer Lekumberry
Chief of Police
Frank Renteria
Lieutenant
Sergeant
Officers (Regular and
Reserve)
Records Manager
Records Clerk
Records Clerk
Community Service
Officers
Finance Director
Nora Valdez
Finance Officer
Finance Administrative
Supervisor
Administrative
Assistant II
Administrative
Assistant
Assistant Public Works
Director
Mark Banuelos
Public Works
Superintendent
Maintenance Workers
II
Maintenance Workers
Facilities Custodian
Public Utilities Chief
Plant Operator
Jeronimo Angel
WTP/WWTP Operator
WTP/WWTP Operator
Maintenance
Operator In Training
Planning and
Engineering Precision
Civil Engineering
City Attorney
Wanger Jones Helsley
PC
26 City Manager Finance Director
General Fund 30% General 25%
Water 20% Water 20%
Sewer 20% Sewer 20%
Gas Tax 5% Refuse 15%
Measure C 5% Measure C 10%
LTF 5% LTF 10%
Refuse 15%
Finance Officer
City Clerk/Events Coordinator Water 30%
General Fund 40% Sewer 35%
Water 30% Refuse 25%
Sewer 30% Measure C 5%
LTF 5%
Director of Administrative Services/
Assistant City Manager Finance Administrative Supervisor General 40% Water 40%
Water 30% Sewer 40%
Sewer 30% Refuse 20%
Deputy City Clerk/Recreation Coordinator Administrative Assistant (2) General Fund 40% Water 40%
Water 30% Sewer 40%
Sewer 30% Refuse 20%
Administrative Assistant II (1)
Public Utilities Chief Plant Operator (1) Water 40%
Water 50% Sewer 40%
Sewer 50% Refuse 20%
Public Utilities Maintenance Worker I (2) Public Utilities Water/Wastewater Operator II (1) Water 50% Sewer 50%
Sewer 50% Water 50%
Public Utilities Maintenance Worker III (1) Facilities Custodian (1) Water 60% Water 40%
Sewer 40% Sewer 30%
Refuse 30%
Assistant Public Works Director (1) Public Works Maintenance Worker I (4) Water 30% Water 25%
Sewer 30% Sewer 25%
Refuse 20% Measure C 10%
LTF 10% Gas Tax 10%
Measure C 10% General Fund 25%
LTF 5%
Public Works Superintendent (1) Public Works Maintenance Worker I (1) General 10% General 10%
Water 20% Water 20%
Sewer 10% Sewer 10%
Measure C 30% Measure C 20%
LTF 30% LTF 20%
Gas Tax 20%
Public Works Maintenance Worker (1)
General 30% Public Works Maintenance Worker I (1)
Water 10% Water 25%
Sewer 10% Sewer 31%
Gas Tax 15% Measure C 10%
Measure C 15% LTF 10%
LTF 20% Refuse 10%
General 14%
Public Works Maintenance Worker I (3)
General 80% Public Works Maintenance Worker II (1)
Water 5% Gereral 30%
Sewer 5% Water 10%
L&LM 10% Sewer 10%
Measure C 10%
LTF 10%
Public Works Maintenance Worker (1) Gas Tax 10%
General 25% Refuse 10%
Water 20% LLMD 10%
Sewer 25%
LTF 5% Public Works Maintenance Worker II (2)
Measure C 10% Water 35%
Gas Tax 10% Sewer 30%
Refuse 5% LTF 10%
Measure C 10%
Public Works Maintenance Worker II (1) Refuse 15%
Water 25%
Sewer 31%
Measure C 10%
LTF 10%
Refuse 10%
General 14%
27 Police Chief (1) Records Manager (1)
General 100% General 100%
Police Lieutenant (1) Records Clerk (2)
General 28% General 100%
CFD 58%
COPS 14% Police Officer (2)
CFD 100%
Police Sergeant (1)
COPS 75% Police Officer (1)
CFD 25% General 40%
CFD 60%
Police Sergeant (1)
General 45% Community Service Officer (2)
CFD 55% General 60%
Water 20%
Police Sergeant (1) Refuse 20%
COPS 50%
CFD 50% Police Officer (1)
COPS 45%
Police Sergeant (1) CFD 55%
General 38%
CFD 45% Police Officer-SRO (5)
COPS 17% General 100%
Reserve Officers (7) Police Officer (1)
General 100% General 25%
COPS 25%
Police Officer (1) CFD 50%
General 50%
COPS 50% Police Officer (4)
COPS HP 100%
28 1
AGENDA ITEM – STAFF REPORT
TO: HONORABLE CITY COUNCIL
FROM: WANGER JONES HELSLEY PC
SUBJECT: PUBLIC HEARING TO CONSIDER AND REVIEW STATUS OF

DEVELOPMENT AGREEMENT DEFAULT, ENTITLEMENTS, AND
TERMINATION OF DEVELOPMENT AGREEMENT WITH ELEMENT 7

MENDOTA, LLC
DATE: JUNE 2, 2026
ISSUE
The City Council of the City of Mendota (“City”) is holding a hearing to consider and review the status of the development agreement default, entitlements, and termination of the development agreement with Element 7 Mendota, LLC, in connection with the construction and operation of a commercial cannabis dispensary.

BACKGROUND
Element 7 Mendota, LLC (“Developer”), owns and operates a commercial cannabis business within the City’s borders. Developer’s business is located at 796 Oller Street, Mendota, California 93640 (the “Property”). The Property is owned by a third party and used by Developer through a lease agreement.

Developer’s business is a private enterprise subject to a development agreement with the City (the “DA”; Exhibit 1) ensuring legal compliance with the City’s applicable licensing and zoning requirements as required by the Mendota Municipal Code (“MMC”).

1. Approval of Developer’s DA
On October 9, 2015, Governor Jerry Brown signed three bills into law (Assembly Bill 266, Assembly Bill 243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act (“MCRSA”). MCRSA established a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.

On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act (“AUMA”), which established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.
2 On June 27, 2017, Governor Jerry Brown signed into law the Medicinal and Adult- Use Cannabis Regulation and Safety Act (“MAUCRSA”), which created a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retained the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in commercial cannabis activity may operate in a particular jurisdiction.

In 2017, the City amended the MMC to create a commercial cannabis overlay district to “serve and promote the public health, safety, and welfare of the citizens of Mendota, to facilitate the establishment of permitted commercial cannabis businesses within the city while ensuring that such businesses do not interfere with other lawful land uses, and to provide new sources of revenue to fund city services.” (Mendota Ord. No. 17-13; MMC, § 17.99.010, subd. (B).) On June 11, 2019, the City of Council of the City of Mendota adopted Ordinance No. 19-06, amending Chapter 8.37 of the MMC to eliminate the ban on cannabis dispensaries and to establish regulations for commercial cannabis businesses.

On September 10, 2019, the City Council adopted Ordinance No. 19-09, modifying the location requirements for commercial cannabis retail businesses. At the September 10th meeting, the Council also adopted Resolution No. 19-65, establishing the amount of the commercial cannabis business permit fee and the commercial cannabis development agreement processing fee.

On September 24, 2019, the City Council adopted Ordinance No. 19-08, amending the City’s zoning code to permit commercial cannabis businesses in the C-3 district subject to a conditional use permit.

On October 8, 2019, the City Council adopted Resolution No. 19-75, establishing the application submittal period for applications to enter into a development agreement for commercial cannabis businesses.

On October 15, 2019, the City issued a formal invitation seeking applications for businesses to enter into development agreements for commercial cannabis activity. (Exhibit 2.) Developer submitted a formal response proposing a commercial cannabis retail operation. (Exhibit 3.) 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.

On May 25, 2021, the City Council adopted Ordinance Nos. 21-07 and 21-08, revising the requirements applicable to the operation and entitlement of commercial cannabis businesses operating within the City.

On May 25, 2021, the City adopted Ordinance No. 21-09, approving Developer’s DA. The City recorded the DA with the Office of the Fresno County Recorder on December 15, 2021, designated Document No. 2021-0205311.
///
3 2. DA Compliance
Developer’s DA requires them to make quarterly payments in a minimum annual amount of $5.00 per square foot of the Property and the greater of $50,000.00 or 3% of annual Gross Receipts, representing Developer’s Public Benefit Fee obligations. (Exhibit 1, § 4.2, subds. (a)(1) and (2).)
In mid-2025, the City was approached by representatives of Developer and/or its creditors, Nug, Inc. (“Nug”). Upon a review of Developer’s performance under the DA, the City determined Developer had not remained current with its Public Benefit Fee payment obligations beginning in 2023. Those individuals discussed the possibility of Element 7 selling or assigning its operations in the City to another entity as a means to get current on Developer’s payment obligations.

On September 17, 2025, the Los Angeles County Superior Court, Case No. 25SMCV04499, issued an order appointing receivers to take control of all of Element 7’s operations throughout California. (Exhibit 4.) Kevin Singer and his office were assigned as the receivers (the “Receivers”) in charge of Developer’s operations in the City. (Id.) The Receivers provided a copy of their appointing order to the City on October 30, 2025. City staff met with the Receiver’s office on October 31, 2025, to discuss the DA and provide information regarding the status of Developer’s operations on the Property. City staff answered questions from the Receiver and their consultants and received proposals regarding the disposition of Developer’s operations over the coming months.

On January 27, 2026, the City sent a Notice of Default and Demand for Cure to Developer and the Receiver. (Exhibit 5.) This Notice of Default identified a total of $170,537.34 in past due fees due pursuant to the DA, stretching back to 2023:
▪ $48,731.52 remaining due to the City for 2023 payment obligations; ▪ $59,173.82 remaining due to the City for 2024 payment obligations; and ▪ $62,632.00 due to the City for 2025 payment obligations.

The Notice of Default provided a deadline of March 4, 2026, for Developer to cure its default. (Id.)
Developer failed to pay the outstanding amounts due by March 4, 2026, and were in officially in default of the DA after that date. (See Exhibit 1, DA, § 8.1.) ///
///
///
4 3. Developer’s Offer
On March 17, 2026, the City received an offer requesting the following revisions to the DA:
▪ Replace Element 7 with NUG Inc.
▪ A proposed payment plan […] $50,000 down payment and balance over 3 years.
▪ Changes to the city fees under the DA – currently in section 4.2 o Per square foot fee currently $5.00 – propose to reduce to $2.50 o The greater of 3% Gross Receipts or $50,000 Annual paid quarterly – Propose to reduce to 3% GRT only, paid quarterly. o 4.2.3 Asks for an additional $50,000 to be spent on ELEMENT 7 CARES initiate to support the community – Request to REMOVE o Maybe be realist and ask to remove – 4.2.5, 4.2.6, 4.2.8, 4.2.9 as all of these are …….

4. Planning Commission Hearing dated March 24, 2026
On or before March 11, 2026, City staff noticed the Planning Commission hearing via:
▪ Mailing to the owner of the Property;
▪ Mailing to all owners of real property within 300 feet of the Property; ▪ Publication in The Fresno Bee;
▪ Mailing to Developer and the Receiver;
▪ Posting on the City’s website; and
▪ Posting at City Hall, the City Council Chambers, and the library.

The Planning Commission held a public hearing as noticed on March 24, 2026. Developer was represented during the hearing by Jon Zimmerman. Following deliberation, the Planning Commission considered and voted to approve the following five recommendations for the City Council’s consideration:
▪ Recommendation that the City Council consider approving an assignment of the DA to NUG Inc.
▪ Recommendation that the City Council consider approving a repayment plan for the outstanding public benefit fees due via a down payment of 5 $50,000 plus repayment of the remainder in thirty-six equal monthly installments.
▪ Recommendation that the City Council consider decreasing the $5.00 per square foot charge in the MMC to just $2.50 per square foot. ▪ Recommendation that the City Council consider decreasing the DA’s public benefit fee amount to 3% of gross receipts.
▪ Recommendation that the City Council consider amending the DA’s social program obligations as applicable to NUG Inc.

5. City Council Hearing dated May 5, 2026
On or before April 20, 2026, City staff noticed this hearing via:
▪ Mailing to the owner of the Property;
▪ Mailing to all owners of real property within 300 feet of the Property; ▪ Publication in The Fresno Bee;
▪ Mailing to Developer and the Receiver;
▪ Posting on the City’s website; and
▪ Posting at City Hall, the City Council Chambers, and the library.

During the May 5, 2026, City Council meeting, the Council noted this issue presented a matter of great concern for the community. The Council further noted it would be best for the community if this matter was heard before a full five-member panel of the Council. Accordingly, the Council continued the public hearing for this matter to its next regular meeting on June 2, 2026.

ANALYSIS
This hearing was set for the City Council to consider the Planning Commission’s recommendations and the status of Developer’s ongoing default under the DA.

1. Relevant DA Provisions
The DA’s terms relevant to public benefit fees, default, and termination are as follows:

Section 4.2. Public Benefit.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefit upon Developer 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 (the 6 "Public Benefit Fees"). Developer acknowledges 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 agrees to pay the fees 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 shall remit to City the following payments (collectively referred to as the "Public Benefit Amount):

1. The applicant agrees to pay an annual fee, to be paid on the First (lst) business day of every Third (3rd) month, based on the total square footage of the developed portions of the Site ("Square Footage Payment") in an amount as follows:

A. Five dollars ($5.00 per square foot of the Site.

2. An annual payment in the grater of the following amounts:

A. Fifty Thousand Dollars ($50,000) ("Flat Rate Payment"), to be paid in quarterly installments of Twelve Thousand Five Hundred Dollars ($12,500) on the First (1st) business day of every Third (3rd) month after operations have begun on the Site; or
B. Three percent (3%) of Developer's yearly Gross Receipts ("Gross Receipts Payment") from the Project, to be paid in quarterly installments on the First (1
st) business day of every Third (3rd) month
after operations have begun on the Site, to be calculated as follows:

1. For Developer's first (1
st) year of operation, an estimated Three
Million Dollars ($3,000,000.00) in Gross Receipts equates to Ninety Thousand Dollars ($90,000.00) annually, paid in the amounts of Twenty-Two Thousand Five Hundred Dollars
($22,500.00) each quarter.

2. Not later than thirty (30) days after the close of each fiscal year, City shall retain and pay a third-party auditing company, the costs of which shall be fully reimbursed to City by Developer, to fully and completely audit Developer's financial records for the preceding year. In the event the preceding years' Gross Receipts were lower than outlined above, any amount overpaid by
Developer shall be offset against Developer's next Gross Receipts Payment. In the event the preceding year's Gross Receipts were higher than outlined above, Developer shall pay the difference owed City with Developer's following Gross Receipts Payment.

This pattern shall continue for the Term of this Agreement. 7 (b) Developer shall remit the Square Footage Payment, Flat Rate Payment, and Gross Receipts Payment, as applicable, to City as described in subdivision (a) of this section. Failure to remit the Square Footage Payment, Flat Rate Payment, and/or Gross Receipts Payment, as applicable, is a material breach of this Agreement. (c) In addition to the Public Benefit Amount, Developer shall also perform to support the following Community Benefit Programs, as more particularly outlined in Exhibit F, to benefit the City and its residents:
l. Developer shall use its best efforts to ensure eighty percent (80%) of its employees are hired from the Local area. Developer agrees to use its best efforts to promote the hiring and employment of Local residents to construct, if necessary, operate the business within the Project, and provide maintenance and security services to the Project, provided Developer has control over such hiring and employment. As part of such efforts, Developer agrees 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 residents for its business;

2. Developer shall use its best efforts to ensure seventy-five percent (75%) of Developer's building, construction, equipment, repairs, and maintenance needs shall be serviced by Local businesses or individuals, with a minimum of Three Hundred Thousand Dollars ($300,000.00) spent Locally during the first (1 st) year
of operations at the Site and, following the first (1
st) year of operations at the Site,
Three Thousand Dollars ($3,000.00) spent Locally per month for the remainder of the Term of this Agreement;

3. After Developer obtains a business license from the City, Developer shall commit Fifty Thousand Dollars ($50,000.00) annually to the ELEMENT 7 CARES program for the purpose of actively building and creating facilities that contribute towards Local community development;

4. Developer shall develop and implement Local outreach and education efforts to build good will within the City, as more particularly described in Exhibit F, including, but not limited to:

A. Designating one of Developer's Senior Managers as its community Relations Officer;
B. During Developer's first (1
st) year of operations at the Site, the Senior
Manager designated as Developer's Community Relations Officer shall attend quarterly meetings with the City to discuss costs, benefits, and other community issues;
8 C. Developer's representatives personally visiting each business in a five hundred (500) foot radius of the Site within twenty-one (21) days of being awarded a conditional use permit for the Project;
D. Creating and utilizing an email database of all businesses within a five hundred (500) foot radius of the Site and sending them a bi-annual email offering news of the cannabis industry and Developer's business, asking for proactive feedback on better business and community relations, and providing the name and phone number of Developer's Community Relations Manager;
E. Inviting Local businesses to attend a Business Feedback and Community Management Forum twice (2) each year, which will be hosted at a suitable venue in the proximate Locil area. Additionally, City residents within five hundred (500) feet of Element 7 shall also be invited to attend these forums and receive Developer's Community Relations Officer's contact information; and
F. Creating a dedicated email address for priority feedback regarding Developer's operations and circulating that email address to each business in the five hundred (500) foot radius of the Site within twenty-one (21) days of being awarded a conditional use permit.

5. Developer shall create and implement Local community educational outreach events and partnerships with non-profit organizations, municipal agencies, and neighborhood groups centered on the medicinal qualities of cannabis to be held quarterly each year for the entirety of the Term of this Agreement;

6. Developer shall create and implement a Staff Volunteer Program, wherein its fulltime employees shall be required to commit at least ten (10) hours quarterly to a Local cause or charity;

7. Developer shall create and implement a Medical Cannabis Discount Program, wherein Developer shall provide assistance to seniors, retired veterans, HIV and AIDS patients, children diagnosed with autism, epileptics, terminally ill patients, low-income customers on government assistance, and the like, with access to discounted medical cannabis;

8. Developer shall create and implement the E7 ONE program, wherein Developer shall create a Social Equity and Local Enterprise Board to oversee the development and implementation of Developer's social equity policies and practices. This Social Equity and Local Enterprise Board shall, at least once (1) per year, produce a report that assesses workplace demographics and other program performance indicators for use in achieving the E7 ONE program's specified goals and social equity outcomes. Where the Social Equity and Local Enterprise Board's analysis indicates persons from underrepresented or 9 disadvantaged populations are not sufficiently represented in Developer's workforce, the Social Equity and Local Enterprise Board shall develop new strategies to fulfill Developer's commitments to diversity and inclusivity; and

9. Developer shall, at least annually, host Expungement Clinics in partnership with the Fresno County Public Defender's Office and/or the National Diversity and Inclusion Cannabis Alliance to provide Local residents with minor drug-related criminal records to obtain free legal support in seeking expungement of said minor offenses from their criminal records.
(d) Developer shall prepare a written report explaining the progress of each of the Community Benefit Programs to be delivered to the City Council within sixty (60) days of the conclusion of each fiscal year. Said written report shall include financial records relating to any Community Benefit Program endeavor that required a certain sum of money to be spent. Said financial records shall be included in the annual third-party audit provided for in Section 4.2(a)(2)(B)(2), above.
(e) In the event Developer fails to develop, implement, create, or otherwise continue any of the Community Benefit Programs outlined in Section 4.2(c), above, upon which City has relied in good faith in extending this Agreement, Developer shall be found to be in breach of this Agreement and City may exercise any right contained in the Agreement to remedy the breach.

Section 4.4. Records.

Subsequent 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. All records required by this Article 4 shall be maintained and made available for City's examination and duplication (physical or electronic) upon the City Manager's request at the Site or at an alternate facility as approved in writing by the City Manager or his-or her designee.

Upon request, Developer shall make all records relating to this Article 4 available to City within three (3) business days.

Section 4.5. Penalty.

Developer acknowledges 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. penalty and interest provisions are necessary to assist City in compliance review and enforcement actions. If Developer fails to make any payment when due as required by this Agreement, including the public Benefit Amount, and fails to cure such failure within the allotted Cire period, Extended Cure Period, or any extension thereof mutually agreed upon by the Parties in writing, the City may impose a "Non-Performance Penalty." A Non-Performance Penalty of one percent (1%) shall be applied to all past due payments. City shall deliver to Developer a "Notice of Nonperformance Penalty,” attached hereto as Exhibit C. Payment of the Non-Performance 10 Penalty shall be in a single installment due on or before a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Penalty.

Section 4.6. Interest on Non-Performance Penalty.

If Developer fails to pay the Non-performance penalty after City has delivered the Notice of Non-Performance Penalty, then, in addition to the principal amount of the Non-Performance Penalty, Developer shall pay City interest at the rate of eighteen percent (18%) per annum, computed on the principal amount of the Non-Performance Penalty, from a date fifteen (15) calendar days following delivery of the Notice of Non-Performance Penalty.

Section 4.7. Exempt from City Tax.

For the Term of this Agreement and except as otherwise provided herein, Developer shall be exempt from any City tax on commercial cannabis businesses. Notwithstanding the foregoing, Developer 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, the City shall refund or credit the amount owed as public Benefit Amount by an equal amount up to the amount of Public Benefit Amount owed to the Developer and any assuming owner proportional to the percentage ownership share of the gross land area of the Site. For the purposes of clarification, other than the Public Benefit Amount, the Processing Fees, and any other fees contemplated pursuant to this Agreement, Developer shall be exempt from any and all City taxes and fees relating to commercial cannabis activity and commercial cannabis businesses passed following the execution of this Agreement.

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. Subject to Section 8.1(g), 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 ("Cure Period"). During any such Cure 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 Cure 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 11 revoke or rescind any operable Conditional Use Permit 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 Cure Period.
(d) Following consideration of the evidence presented and said review before City, and after providing the Charged Party an additional thirty (30) 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 sixty (60) 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 is in material 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 until the default is cured, or the Agreement is terminated. (g) In the event that a person or entity other than the Developer is in default, Developer shall use commercially reasonable efforts to bring the person or entity in default into compliance. The City shall provide Developer 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 ("Extended Cure Period").

Section 8.5. Cumulative Remedies of Parties.

In addition to any other rights or remedies, City or Developer 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.
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12 Section 10.1. Assignment and Assumption.

Developer 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, such consent shall not be unreasonably withheld or conditioned. Any assignment or transfer prohibited by this Agreement will be considered an immediate breach of this Agreement and City may elect to immediately terminate this Agreement as it applies to the assumed property. If the City Manager approves an assignment or transfer of any interest detailed in this Section 10.1, City and Developer shall execute an "Assignment and Assumption Agreement” in the form attached hereto as Exhibit E. Nothing in this Section 10.1 applies to the Developer’s capitalization or ownership provisions.

2. Relevant MMC Provisions
MMC section 17.99.070
Conditions of Development.

The development agreement required pursuant to Section 17.99.060(B)(1) shall include the following terms:

A. The applicant agrees to pay an annual fee based on the total square footage of the developed portions of the property in an amount as follows:

1. 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.

2. 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 thousand, nine hundred ninety-nine (499,999) square feet.

3. Mutually agreeable terms between the city and applicant so long as the developed portions of the property are five hundred thousand (500,000) square feet or greater.

B. The fee required pursuant to subdivision (A) shall be paid by the applicant in quarterly installments at times and locations specified by the city, and may not be paid in cash.

C. The applicant shall be responsible for paying the fee required pursuant to subdivision (A) for all developed portions of the property regardless of whether portions of the developed property are leased or otherwise conveyed to third parties. Any transfer of the applicant's interest in the developed property shall not affect the applicant's obligation to pay the fee required pursuant to 13 subdivision (A) unless the recipient assumes the applicant's obligation to pay the fee for all developed portions of the property as required by this Section 17.99.070.

MMC section 8.37.050
Permits required to engage in commercial cannabis operations.

It shall be unlawful for any person in or upon property located within the city to engage in, conduct or carry on (or to permit to be engaged in, conducted or carried on) commercial cannabis operations unless the person:
(1) Has applied for and entered into a development agreement with the city; (2) Has a valid commercial cannabis business permit from the city; (3) Has a valid state license for the business's cannabis activity; (4) Has a valid conditional use permit;
(5) Is currently in compliance with all applicable state and local laws; (6) Has a cannabis business license tax certificate.

MMC section 8.37.060
Development agreement required for commercial cannabis businesses.

A. Prior to operating in the city and as a condition of issuance of a conditional use permit for commercial cannabis operations, each commercial cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq. with the city setting forth the terms and conditions under which the commercial cannabis business will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as set forth in subsection (C) of this section, and such other terms and conditions that will protect and promote the public health, safety, and welfare. Further procedures and minimum standards for a development agreement may be enacted by resolution of the city council.

B. The planning commission shall make a recommendation to the city council on whether to approve a development agreement submitted to it by city staff. The city council shall make a final decision on whether to approve a development agreement recommended to the city council by the planning commission.

C. Development agreements shall include a provision requiring the payment of a public safety impact mitigation fee based on a pro-rata share of projected annual enforcement costs for commercial cannabis businesses within the city. 14 D. All cannabis businesses operating pursuant to a development agreement shall be subject to any applicable taxes approved by the voters.

MMC section 8.37.240
Fees, charges, and taxes.

A. No person may commence or continue any commercial cannabis activity in the city without timely paying in full all fees and charges required for the operation of a commercial cannabis business. Fees and charges associated with the operation of a commercial cannabis business shall be established by resolution of the city council which may be amended from time to time.

B. All commercial cannabis businesses authorized to operate under this chapter shall pay all sales, use, business, and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Each commercial cannabis business shall cooperate with the city with respect to any reasonable request to audit the business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period.

MMC section 8.37.310
Remedies cumulative and not exclusive.

The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

MMC section 8.37.330
No vested rights.

Neither this chapter, nor any other provision of this code or action, failure to act, statement, representation, certificate, approval, or permit issued by the city or its departments, or their respective representatives, agents, employees, attorneys, or assigns, shall create, confer, or convey any vested or nonconforming right or benefit regarding any commercial cannabis activity. Any benefit conferred by this chapter shall expire permanently and in full on the effective date of the city council's enactment of new cannabis legislation or upon repeal of this chapter. Should the city repeal or amend this chapter, no claim for loss of property rights or due process of any kind shall be maintained against the city. ///
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15 3. Potential Hearing Results
In light of the provisions reproduced in the previous section, the City Council must consider Developer’s payment default before any other entitlement-based decisions may be issued by the City. The City Council must also consider, but need not adopt, the Planning Commission’s recommendations regarding next steps for addressing Developer’s default status. Again, those recommendations include:
▪ Recommendation that the City Council consider approving an assignment of the DA to NUG Inc.
▪ Recommendation that the City Council consider approving a repayment plan for the outstanding public benefit fees due via a down payment of $50,000 plus repayment of the remainder in thirty-six equal monthly installments.
▪ Recommendation that the City Council consider decreasing the $5.00 per square foot charge in the MMC to just $2.50 per square foot. ▪ Recommendation that the City Council consider decreasing the DA’s public benefit fee amount to 3% of gross receipts.
▪ Recommendation that the City Council consider amending the DA’s social program obligations as applicable to NUG Inc.

In the event the City Council decides it wants to pursue a compromise with Developer, it may fashion any compromise that is reasonable under the circumstances.

In the event the City Council decides it wants to pursue legal remedies against Developer based on its default, the City Council may vote to terminate the DA and/or choose to file suit to recover unpaid fees. If the City Council chooses to terminate the DA, it must provide another thirty-day window in which the Developer may cure its default before a written notice of termination may issue. (DA, § 8.1, subd. (d).)

FISCAL IMPACT
Developer currently owes the City $170,537.34 in past due fees due pursuant to the DA, stretching back to 2023.

The fiscal impact of the many potential City actions related to Developer’s DA and generally applicable revisions to the City’s cannabis regulations are not quantifiable in the abstract. ///
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16 RECOMMENDATIONS
Staff recommends the City Council discuss Developer’s performance under the DA and consider the recommendations received from the Planning Commission regarding:

1. Outstanding monies due to the City under the DA;

2. Next steps regarding City enforcement of Developers’ DA; and/or

3. City fees charged to cannabis businesses, either generally or as to Developers specifically.

Attachments:

1. Development Agreement

2. Formal Invitation

3. Developer’s Proposal

4. Stipulated Order for Appointment of Receiver
EXHIBIT EXHIBIT EXHIBIT 1|
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RECORDING REQUESTED BY

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City of Mendota
643 Quince Street
Mendota, CA 93640
Attn: City Clerk
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Taxes :

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CITY OF I"IENDOTR
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Recording Fee Exempt per Government Code $6103 and 527388.1(a)(2XD)

DEVELOPMENT AGRE,EMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into on this 25th day of May,202l,by and between the CITY OF MENDOTA, a municipal corporation of the State of California ("City"), and ELEMENT 7 MENDOTA, LLC, a Califomia limited liability company ("Developer"). City or Developer may be referred to herein individually as a ('Par["
or collectively as the "Parties." There are no other parties to this Agreement.

RE,CITALS
A. On October 9,2015, Governor Jerry Brown signed three bills into law (Assembly Bill266,Assembly Bill243, and Senate Bill 643) which are collectively referred to as the Medical Cannabis Regulation and Safety Act ("MCRSA"). MCRSA establishes a statewide regulatory system for the cultivation, processing, transportation, testing, manufacturing, and distribution of medical marijuana to qualified patients and their primary caregivers.

B. On November 8, 2016, California voters enacted Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, also known as the Adult Use of Marijuana Act ("AUMA"), which establishes a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical cannabis, including cannabis products, for use by adults 21 years and older, and to tax the growth and retail sale of cannabis for nonmedical use.

C. On June 27,2017, Governor Jerry Brown signed into law the Medicinal and AdultUse Cannabis Regulation and Safety Act ("MAUCRSA"), which creates a single regulatory scheme for both medicinal and adult-use cannabis businesses. MAUCRSA retains the provisions in MCRSA and AUMA that granted local jurisdictions control over whether businesses engaged in Commercial Cannabis Activity, as defined in Section 1.4 of this Agreement, ffi&y operate in a particular jurisdiction.

D. Developer proposes to improve, develop, and use real property for the operation of Cannabis Businesses that engage in distribution and/or delivery of Cannabis and Cannabis Products, as defined in Section 1.4 of this Agreement, in strict accordance with Califomia I
v
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"). The Project includes approximately 2,315 square feet of floor space for Commercial Cannabis Activity.

E. 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, et seq. (the "Development Asreement Statute"), which authorizes the 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.

F. Developer has submitted a request to the City for consideration of a development agreement.

G. 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. Developer is the lessee of or has an equitable interest in the real property located at 796 Oller Street, in the City of Mendota, County of Fresno, State of California, Assessor's Parcel Number 013-191-18 (the "Site"), more particularly described in the legal description attached hereto as Exhibit A and the Site Map attached hereto as Exhibit B.

H. On September 12,2017, the City Council of Mendota ("Citv Council") adopted Ordinance No. 17-13 establishing zoning limitations and requirements for all cannabis businesses, including the proposed cannabis facility to be located at the Site.

I. On June ll,20lg, the City Council adopted Ordinance No. 19-06, establishing additional requirements for the operation and entitlement of commercial cannabis businesses operating within the City.

J. On October l5,20l9,the City published a request for proposals seeking applicants desiring to enter into a development agreement for the development of a commercial cannabis dispensary within the City. In response to this request for proposals, Developer submitted an application for a development agreement pursuant to the requirements of Chaptet 17.99 of the Mendota Municipal Code, and the City Council subsequently directed City staff to engage in negotiations with Developer for the same.

K. 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.

L. On February 23,2021,the City Council adopted Ordinance No.21-05 providing additional requirements for the operation and entitlement of commercial cannabis businesses operating within the City, made retroactively effective to the effective date of Ordinance No. 20-

16. M. On May 25,2021, the City Council adopted Ordinance No. 21-07 permitting the 2 v v
operation of additional commercial cannabis retailers within the City's territory.

N. Government Code section 65867.5 requires the Planning Commission to hold a public hearing to review an application for a development agreement.

O. On April 20, 2021, after a duly noticed and held meeting in accordance with Government Code $ 658 67, the City's Planning Commission voted to recommend approval of Developer's application for a development agreement for the Project. p. On May ll, 2021, the City Council, in a duly noticed and conducted public hearing, and conducted the first reading of proposed Ordinance No. 2l-09- a. Pursuant to Government Code section 65867.5,on May 25,2021,the City Council reviewed, considered, adopted, and entered into this Agreement pursuant to Ordinance No. 21-

09. K. This Agreement is entered into pursuant to the Development Agreement Statute and the Mendota MuniciPal Code.

L. City and Developer 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 l7 of the Mendota Municipal -ode; (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) red--uce the economic risk of development of the Site to both City and Developer.

M. The Parties intend through this Agreement to allow Developer to develop and manage the Project in accordance with the terms of this Agreement.

N. 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

GENE,RAL PROVISIONS
Section l.l. Findings. City hereby finds and determines that entering into this Agreement furthers the public health, rJ"ty, and general welfare and is consistent with City's General Plan, including all text and maps in the General Plan.
3 v
Section 1.2. Recitals. The Recitals above are true and correct and are hereby incorporated into and made apartof this Agreement. In the event of any inconsistency between the Recitals and the provisions of Articles I through 10 of this Agreement, the provisions of Articles I through 10 shall prevail.

Section 1.3. Exhibits. The following "Exhibits" are attached to and incorporated into this Agreement:

Desisnation lr.r..intion
trwhihit A t, eonl T)ese,rintinn
Exhibit B lsi,. Mao
Exhibit C lNotice of Non-Performance Penaltv
Exhibit D lNotice of Termination
Exhibit E larrignment and Assumption Agreement
Exhibit F
I
lDeveloper's "Community Benefits Plan"
Section 1.4. Definitions. In this Agreement, unless the context otherwise requires, the terms below have the following meaning:
(a) "Additional lnsureds" has the meaning set forth in Section 6.1. (b) "Additional License" means a state license to operate a cannabis business pursuant to the Califomia 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 2l 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.
(0 "Assignment and Assumption Agreement" has the meaning set forth in Section

10.r.
(g) rrAIJ'MArt 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. 4 v
v \/
0) "California Building Standards Codes" means the California Building Code, as amended from time to time, in Part 2, Volumes I and2, as part of Title 24 of the Califomia Code of Regulations, as may be adopted by the Mendota Municipal Code. (k) "Califomia Cannabis Laws" includes AUMA, MAUCRSA and its implementing regulations, CUA, the Medical Marijuana Program Act of 2004, and any other applicable Califomia State laws that may be enacted or approved.
0) "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 "*d" or purif,red, 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 haibeen 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.
(o) rrgEQArr 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 u, ,"i forth in Title 14 (Commencing with Section 15000) of the California Code of Regulations.
(p)
powers.
rrgiryrr means the City of Mendota, a municipal corporation having general police (r)
designee.
"City Council" means the City Council of the City of Mendota. "City Manager" means the City Manager of the City of Mendota, or his or her (s) "Charged Party" has the meaning set forth in Section 8.1. (t) "Charging Partv" has the meaning set forth in Section 8.1. (u) "Commercial Cannabis Activity" means to cultivate, manufacture, distribute, p.o"..r, ,to.", package, label, transport, deliver, sell, or test cannabis or cannabis products as (q)
5 \./ v
provided for by Division l0 (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) rrcf;Atr means the Compassionate Use Act (Proposition 215) approved by California voters on November 5,1996.
(x) "Developer" means ELEMENT 7 MENDOTA, LLC, and as further set forth in Section 6.1.
(V) "Development Agreement Statute" has the meaning set forth in Recital E. (z) "Exhibits" has the meaning set forth in Section 1.3. (aa) "Gross Receipts" shall mean total revenue received or receivable by the Developer or its assignees-from any Commercial Cannabis Activity on the Site or from operation of the Project o, th" Site, including: all sales, whether conducted at the Site or through the Project; the total amount of compensation received or receivable for the performance of any act or service, of whatever nature it rnay 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 realLed from trading in stocks or bonds, interest discounts, rents, royalties, fees, iommissions, 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 a"a*tio, 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 retumed 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 this Agreement, all sales related to Commercial Cannabis Activity or any other cannabis and cannabis pr:oducts at the Site or through the Project, including, but not limited to, non-storefront sales and deliveries, are captured. This definition shall be given the broadest possible interpretation consistent with this intent.
6 \-/ \,,
(bb) "Local" or "Locally" mean the area within the territory of the City of Mendota, and its neighboring locales within the County of Fresno. (cc) "Maior 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. (dd) "Marijuana" has the same meaning as Cannabis and those terms may be used interchangeably.
(ee) "MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act, codified as Business and Professions Code section 26000 et seq. and its implementing regulations.
(f0 rtMCRSArr has the meaning set forth in Recital A.
(gg) "Ministerial Fee" or "Ministerial Fees" has the meanings set forth in Section 4.1. (hh) "Minor Amendment" means a clerical amendment to the Agreement that shall not materialiy affect the terms of the Agreement (e.g., change of notice address) and any amendment described as minor herein.
(ii) "MQ{&gs" has the meaning set forth in Article 7'
(ii) "Non-Performance Penalty" has the meaning set forth in Section 4.5. (kk) "Notice of Non-Performance Penalty" has the meaning set forth in Section 4.5. (ll) "@" has the meaning set forth in Section 9'1' \/
(mm) "Processing costs" has the meaning set forth in Section I .1 l. (nn) ilPrqiectrr has the meaning set forth in Recital D. (oo) "Project Litigation" has the meaning set forth in Section 10.7. (pp) "Public Benefit Fees" has the meaning set forth in Section 4.2. (qq) "Public Bpqafita![au$" has the meaning set forth in Section 4.2. (rr) "Site" has the meaning set forth in Recital G.
(ss) "State Cannabis Manufacturing Regulations" means the regulations related to cannabis manufacturing issued by a State Licensing Authority in accordance with Chapter 13 (commencing with Seciion 26130) of Division l0 of the Business and Professions Code, which may be amended from time to time.
(t0 "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 Califomia Cannabis Laws. 7 \-, v
(uu) "subsequent City Approvals" has the meaning set forth in Section 3.1 (w) "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 govemmental functions. City shall not for any purpose be considered an agent, partner, or joint venturer of Developer 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 (the "Effective Date").

Section 1.7. Term. The "Term" ofthis Agreement is ten (10) years from the Effective Date, unless terminated or extended as set forth in this Agreement.
(a) Government Tolling or Termination. City may provide written notice to Developer to cease all Commercial Cannabis Activity, upon which Developer shall immediately comply, if City is specifically required to comply with federal or state law and such federal or state law ..q.rir.r cissation of Commercial Cannabis Activities. If City temporarily halts this Agreement to comply with federal or state law, this Agreement shall be tolled for an equivalent p.iiod of time (the ;'Tollins Period"). Developer shall not accrue or be liable to City for any Ministerial Fees, Public Benefit Amount, or any other fees contemplated under this Agreement during the Tolling Period. Developer shall resume paying any applicable fees after the Tolling Period ends. City and Developer shall discuss in good faith the termination of this Agreement if the Tolling Period exceeds one (l) calendar year.
(b) Developer Tolling or Termination. Developer may 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 Termination. Developer may provide written notice to City of intent to cease all Commercial Cannabis Activity, if Developer is required, directed, or believes, in its sole and absolute discretion, it must terminate Commercial Cannabis Activity. In such an event, Developer's obligations under this Agreement shall terminate. Any resumption of Commercial Cannabis Activity shall be subject to approval by the City Manager. Notwithstanding anything to the contrary herein, temporary termination of Commercial Cannabis Activities for a period of up to three (3) months to make renovations, repairs, or comply with any applicable laws shall not be considered termination of Commercial Cannabis Activities.

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, (d) Conditional Use Permit, and (e) 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 8 \-
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 Five Thousand Five Hundred and Twenty Dollars ($5,520) with City to pay for the Application, all actual, reasonable 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 reasonable 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. To the extent Developer's deposit outlined above is insufficient to cover the City's Processing Costs, Developer shall provide City with additional deposits, as necessary, sufficient to reimburse the City's unpaid Processing Costs within thirty (30) days of receiving an invoice from the City. (a) Apportionment of Processing Costs. If the amount deposited for purposes of Processing Costs is insuffrcient to cover all Processing Costs, City shall provide notice to Developer, and Developer 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.
(b) Accounting. Developer may request, and City shall issue within a reasonable time, an accounting and written acknowledgement of Processing Costs paid to City.

ARTICLE2

DEVE,LOPME,NT OF PROPERTY
Section 2.1. Vested Right of Developer. During the Term, in developing the Site consistent with the Project described herein, Developer is 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 and may not be modified or terminated by City except as set forth in this Agreement or with Developer's written consent.

Section 2.2. Vested Right to Develop. In accordance with Section 2.1, Developer 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. 9 v
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Section 2.3. Permitted Uses and Development Standards. Developer shall be authorized to develop, construct, and use the Site for Commercial Cannabis Activity consistent with the following license types and uses associated with said license types (the "Authorized License"):

License Description State License Type(s)
Non- Storefront Retail er 9
Dispensary; General 10
Dispensary; No More Than Three
Retail Sites
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Developer or its assignees shall be permittedto use the Site consistentwiththe Authorized License types for the Term of this Agreement and during the time Developer or its assignees are applying for the Authorized License with the applicable State Licensing Authority. Notwithstanding the foregoing, Developer or each of its assignees is required to apply for and obtain an Authorized License from the applicable State Licensing Authority. If the State Licensing Authority does not grant the Authorized License to Developer or its assignees, Developer or the assignee that was denied a license shall immediately cease Commercial Cannabis Activity on the Site. Developer or its assignees shall also, within ten (10) calendar days of receiving notice from the State Licensing Authority relating to a denial or rejection of a license, notifu City of the State Licensing Authority's denial or rejection of any license. If the Authorized License is not granted by the State Licensing Authority, or any such license is revoked, terminated, or suspended, Developer or its assignees shall immediately cease operations at the Site. In this situation, this Agreement shall terminate immediately. For the purposes of clarification, a denial or rejection of Developer's or assignee's Authorized License shall not result in the termination of this agreement provided: (i) other Authorized Licenses have been issued to Developer or its assignees; or (ii) Developer or its assignees are in the process of applying for an Authorized License. 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 may request to add one or more of the license types then authorized by the California Cannabis Laws to the Authorized Licenses.

If City Council allows any additional Authorized Licenses ("Additional Licenses"), City Council shall make a finding of whether Developer's or its assignees' Additional Licenses will have any additional impact on City neighborhoods, infrastructure, or services. Developer shall be required to compensate City for all additional impacts on City infrastructure or services associated with any Additional Licenses and the Public Benefit Amount shall be revised as mutually agreed by the Parties. This process shall be a Major Amendment to this Agreement.

Section 2.5. Development Permit. Prior to commencing operation of any Commercial Cannabis Activity on the Site, Developer shall obtain a Conditional Use Permit and any applicable Subsequent City Approvals. Developer 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 10 \-,
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 obligation to strictly comply with the same.

Section 2.6. Subsequent Entitlements, Approvals, and Permits. Successful implementation of the project shall require Developer 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 "oifor- to tiris Agrelment. Notwithstanding the foregoing, in the course of iaking action Ln the Subsequent City Approvals, City will exercise discretion in adopting mitigation measures as part oith" Conditional Use Permit. The exercise of this discretion is not prohlbited by this Agreernent, but the exercise of that discretion must be reasonable and consistent with this Rgreement. Nothing in this Agreement shall preclude the evaluation of impacts or consideration of mitigation measures or alternatives, as required by CEQA.

Section 2.T.lnitiatives 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 Developerin this Agreement, such Mendota Municipal Code changes shall not be uppii"d to the Site or irroject and this Agreement shall remain in full force and effect; provided, however, the Parties acknowledge that City's approval ofthis Agreement is a legislative action subject to referendum. City shalf cooperate with Developer and shall undertake such reasonable actions as may be appropriate to enzure this Agreement remains in full force and effect and is implemented in accordanie with its terms to the fullest extent permitted by state or federal law.

Section 2.g. Regulation by Other Government Entities. Developer acknowledges that City does not have authority or jurisdiction over any other govemment entities' ability to grant governmental approvals or permitstr to impose a moratorium or other limitations that may negatively affect the eio3ect or the ability of City to issue a permit to Developer or complV wltr the terms of this Agieement. Any moratorium imposed by another govemment entity, including the State L[ensing Authority, on City shall not cause City to be in breach of this Agreement.

Section 2.9. Developer's Right to Rebuild. Developer may renovate portions of the Site any time within the Term of tfris Afreement 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 2.10. Changes in California Building Standards Codes. Notwithstanding any provision of this Agreement tJthe contrary, development of the Project shall be subject to changes occurring from time to time to the California Building Standards Codes.

Section 2.11. Changes Mandated by Federal or State Law. The Site and Project shall be subject to subsequently enicted 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 1l
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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 or Developer shall provide the other Party 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 and Developer shall meet and confer in good faith in a reasonable attempt to modiff 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 and Developer will attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modifr this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer 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 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 2.12. 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, 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.

Section 2.13 Necessary Improvements. Developer shall make the following necessary improvements to the Site prior to conducting business thereon:
(a) The City has determined the current number of "off-street" parking spaces (17) is inadequate because those spaces are shared or used by neighboring apartment buildings.

Developer must propose a plan to ensure enough parking spaces to mitigate the number of customers parking on the street as determined by the City's traffic engineer, in his or her profe ssional j udgment.
(b) The City has determined that the egress alleyway, though not part of the parcel, would be inadequate for egress from the Site. Developer must propose a plan to improve the egress alleyway to improve the egress from the Site, which shall be considered for approval by the City's traffic engineer, in his or her professional judgment.
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ARTICLE 3

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

Section 3.2. Timely Processing. City shall use its reasonable best efforts to process and approve, 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. Consistent with the terms set forth herein, City agrees to cooperate with Developer, 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 consiitent 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 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 "Miui5tgri.al Jse" and collectively, the "Ministerial Fees").

Section 4.2. Public Benefit.
(a) The Parties acknowledge and agree that this Agreement confers substantial private benefit upon Developer 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 (the "Public Benefit 13 \-/ v
Fees"). Developer acknowledges 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 agrees to pay the fees 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 shall remit to City the following payments (collectively referred to as the "Public Benefit Amounf'):

1. The applicant agrees to pay an annual fee, to be paid on the First (l't) business day of every Third (3'd) month, based on the total square footage of the developed portions of the Site ("Square Footaqe Paymeff") in an amount as follows:

A. Five dollars ($5.00) per square foot of the Site.

2. An annual payment in the greater of the following amounts:

A. Fifty Thousand Dollars ($50,000) ("Flat Rate Payment"), to be paid in quarterly installments of Twelve Thousand Five Hundred Dollars ($12,500) on the First (1st) business day of every Third (3'd) month after operations have begun on the Site; or B. Three percent (3%) of Developer's yearly Gross Receipts ("Gross Receipts Payment") from the Project, to be paid in quarterly installments on the First (l't) business day of every Third (3'd) month after operations have begun on the Site, to be calculated as follows:

I For Developer's first (ltt) year of operation, an estimated Three Million Dollars ($3,000,000.00) in Gross Receipts equates to Ninety Thousand Dollars ($90,000.00) annually, paid in the amounts of Twenty-Two Thousand Five Hundred Dollars ($22,500.00) each quarter.
2 Not later than thirty (30) days after the close of each fiscal year, City shall retain and pay a third-party auditing company, the costs of which shall be fully reimbursed to City by Developer, to fully and completely audit Developer's financial records for the preceding year. In the event the preceding years' Gross Receipts were lower than outlined above, any amount overpaid by Developer shall be offset against Developer's next Gross Receipts Payment. In the event the preceding year's Gross Receipts were higher than outlined above, Developer shall pay the difference owed City with Developer's following Gross Receipts Payment.

This pattern shall continue for the Term of this Agreement. (b) Developer shall remit the Square Footage Payment, Flat Rate Payment, and Gross Receipts Payment, as applicable, to City as described in subdivision (a) of this section. Failure to remit the Square Footage Payment, Flat Rate Payment, and/or Gross Receipts Payment, as applicable, is a material breach of this Agreement.
(c) In addition to the Public Benefit Amount, Developer shall also perform to support the following Community Benefit Programs, as more particularly outlined in Exhibit F, to benefit the City and its residents:
l. Developer shall use its best efforts to ensure eighty percent (80%) of its employees are hired from the Local area. Developer agrees to use its best efforts to promote the t4
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hiring and employment of Local residents to construct, if necessary, operate the business within the Project, and provide maintenance and security services to the Project, provided Developer has controlover such hiring and employment. As part of such efforts, Developer agrees 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 residents for its business;

2. Developer shall use its best efforts to ensure seventy-five percent (75%) of Developer's building, construction, equipment, repairs, and maintenance needs shall be serviced by Local businesses or individuals, with a minimum of Three Hundred Thousand Dollars ($IOO,OOO.00) spent Locally during the first (l't) year of operations at the Site and, following the first (l't) year of operations at the Site, Three Thousand Dollars ($3,000.00) spent Locally per month for the remainder of the Term of this Agreement;

4. Developer shall develop and implement Local outreach and education efforts to build good will within the City, as more particularly described in Exhibit F, including, but not limited to:

A. Designating one of Developer's Senior Managers as its community Relations Officer;
B. During Developer's first (1't) year of operations at the Site, the Senior Manager designated as Developer's Community Relations Officer shall attend quarterly meetings with the City to discuss costs, benefits, and other community issues; C. Developer's representatives personally visiting each business in a five hundred (500) foot radius of the Site within twenty-one (21) days of being awarded a conditional use permit for the Project;
D. Creating and utilizing an email database of all businesses within a five hundred (500) foot radius of the Site and sending them a bi-annual email offering news of the cannabis industry and Developer's business, asking for proactive feedback on better business and community relaiions, and providing the name and phone number of Developer's Community Relations Manager;
E. Inviting Local businesses to attend a Business Feedback and Community Management Forum twice (2) each year, which will be hosted at a suitable venue in the proximate Locil area. Additionally, City residents within five hundred (500) feet of Element 7 shall also be invited to attend these forums and receive Developer's Community Relations Officer's contact information; and
F. Creating a dedicated email address for priority feedback regarding Developer's operations and circulating that email address to each business in the five hundred 15 v v
(500) foot radius of the Site within twenty-one (21) days of being awarded a conditional use permit.

6. Developer shall create and implement a Staff Volunteer Program, wherein its full-time employees shall be required to commit at least ten (10) hours quarterly to a Local cause or charity;

7. Developer shall create and implement a Medical Cannabis Discount Program, wherein Developer shall provide assistance to seniors, retired veterans, HIV and AIDS patients, children diagnosed with autism, epileptics, terminally ill patients, low-income customers on govemment assistance, and the like, with access to discounted medical cannabis;

8. Developer shall create and implement the E7 ONE program, wherein Developer shall create a Social Equity and Local Enterprise Board to oversee the development and implementation of Developer's social equity policies and practices. This Social Equity and Local Enterprise Board shall, at least once (1) per year, produce a report that assesses workplace demographics and other program performance indicators for use in achieving the E7 ONE program's specified goals and social equity outcomes. Where the Social Equity and Local Enterprise Board's analysis indicates persons from underrepresented or disadvantaged populations are not sufficiently represented in Developer's workforce, the Social Equity and Local Enterprise Board shall develop new strategies to fulfill Developer's commitments to diversity and inclusivity; and

9. Developer shall, at least annually, host Expungement Clinics in partnership with the Fresno County Public Defender's Office and/or the National Diversity and Inclusion Cannabis Alliance to provide Local residents with minor drug-related criminal records to obtain free legal support in seeking expungement of said minor offenses from their criminal records. (d) Developer shall prepare a written report explaining the progress of each of the Community Benefit Programs to be delivered to the City Council within sixty (60) days of the conclusion of each fiscal year. Said written report shall include financial records relating to any Community Benefit Program endeavor that required a certain sum of money to be spent. Said financial records shall be included in the annual third-party audit provided for in Section a.2@)(2)(B) (2), above.
(e) In the event Developer fails to develop, implement, create, or otherwise continue any of the Community Benefit Programs outlined in Section 4.2(c), above, upon which City has relied in good faith in extending this Agreement, Developer shall be found to be in breach of this Agreement and City may exercise any right contained in the Agreement to remedy the breach.

Section 4.3. Reporting. Developer shall provide City with copies of Authorized Licenses issued by a State Licensing Authority to Developer or its assignees within forty-five (45) calendar days r6
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of issuance of such license to any assignee and each annual renewal thereafter ("State Licenses").

Developer shall also provide Ciiy with a written report documenting Developer's performance of its duties in accordance with Section a.2(cX1) of this Agreement within thirty (30) calendar days of each anniversary of the Effective Date of this Agreement ("Local Workforce-Report"). Failure or refusal of Developer to pay the Public Benefit Amount shall constitute full and suffrcient grounds for the revocation oisuspension of the Conditional Use Permit. Notwithstanding anything Io the contrary herein, failure to provide copies of State Licenses or Local Workforce Report within the applicable time period shall not amount to a material default of this Agreement and shall not "ot.titut"
grounds for the revocation or suspension of the Conditional Use Permit.

Section 4.4. Records. Subsequent assignees shall keep records of all Commercial Cannabis Activity in accordance with Chapter 16 (iommencing with Section26l60) of Division 10 of the Business and professions Code. All records required by this Article 4 shall be maintained and made available for City's examination and duplication (physical or electronic) upon the City Manager's request at the Site or at an alternate facility as approved in writing by the City Manager or his-or her designee. Upon request, Developer shall make all records relating to this Article 4 available to City within three (3) business days.

Section 4.5. penalty. Developer acknowledges that to ensure proper compliance with the terms of this Agreement and any aiplicable laws, City must engage in costly compliance review, inspectlons, and, if necessary, enforcement actions to protect the health, safety, and welfare of its residents. penalty and interest provisions are necessary to assist City in compliance review and enforcement actions. If Developer fails to make any payment when due as required by this Agreement, including the public Benefit Amount, and fails to cure such failure within the allotted Cire period, ExtendJd Cure Period, or any extension thereof mutually agreed upon by the Parties in writing, the City may impose a "Non-Performance Penalty." A Non-Performance Penalty of one percent ftX; rtuti be applied to all past due payments. City shall deliver to Developer a "Notice if Norr-ierfo.-urr"" p"rralty," attached herelo as Exhibit C. Payment of the Non-Perfonnance ta1lmentdueonorbeforeadatefifteen(l5)calendardaysfollowing delivery of the Notice of Non-Performance Penalty.

Section 4.6. Interest on Unpaid Non-Performance Penalty. If Developer fails to pay the Nonperformance penalty after -City
has delivered the Notice of Non-Performance Penalty, then, in addition to the principal amount of the Non-Performance Penalty, Developer shall pay City interest at the rate of eighteen percent ( 1 S%) per annum, computed on the principal amount of the Non-perfonnance PenJty, from a date fifteen (15) calendar days following delivery of the Notice of Non-Performance PenaltY.

Section 4.7. Exempt from City Tax. For the Term of this Agreement and except as otherwise provided herein, DJveloper shali be exempt from any City tax on commercial cannabis businesses. irlotwithstanding the foiegoing, Developer and Project shall be subject to any and all taxes, assessment., o. ri-ilu. charges or fees of general applicability enacted by the federal government, state govemment, or County of Fresno, including any tax applicable to an area greater than the city iimits 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, the City shall refund or credit the amount owed as public Benef,rt Amount by an equal amount up to the amount of Public Benefit Amount owed to the Developer and any assuming owner proportional to the percentage ownership t7
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share of the gross land area of the Site. For the purposes of clarification, other than the Public Benefit Amount, the Processing Fees, and any other fees contemplated pursuant to this Agreement, Developer shall be exempt from any and all City taxes and fees relating to commercial cannabis activity and commercial cannabis businesses passed following the execution of this Agreement.

Section 4.8. Manner of Payment. All payments required to be made to City pursuant to this Agreement shall be paid by Developer via check, ACH payment, or wire transfer through a bank licensed and in good st*ding with all appropriate regulatory bodies. No payment required pursuant to this Agreement may be made in cash. Developer understands and agrees that any iailure to comply with this Section 4.8 shall constitute a material breach of this Agreement.

Section 4.9. Charitable Donation. Upon the full execution of this Agreement, Developer shall make a one-time donation in the amount of Ten Thousand Dollars ($10,000) to a charity or program focused on drug education or rehabilitation as selected by the City.

Section 4.10. Site Beautification. Upon the full execution of this Agreement, Developer shall spend Ten Thousand Dollars ($10,000) to clean up the vacant land portions of the Site and building facades. Developer agrees to use its best efforts to promote the hiring and employment of Local residents to complete this Site beautification work.

ARTICLE 5

PUBLIC FACILITIES, SERVICES, AND UTILITIES
City shall use the Public Benefit Amount to pay for the impact on and maintenance or imirovement of City neighborhoods, for the general welfare of the residents of Mendota, and the "*irtirrg
level of service of City infrastructure and services to accommodate for the Project.

ARTICLE 6

INSURANCE AND INDEMNITY
Section 6.1. Insurance. Developer shall require all persons doing work on the Project, including its contractors and subcontractois (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 that are reasonably satisfactory to City.
(a) General Liability Insurance. Developer shall maintain commercial general liability irr*un"" or equivalent form with a limit of not less than One Million Dollars ($1,00b,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 insureds. l8
(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 shall maintain business, automobile liability inr**"" or equivalent form with a limit of not less than One Million Dollars ($1,00b,000) for each accident. Such insurance shall include coverage for owned, hired, and nonowned automobiles. Such insurance shall also:
(i) Name City, its elected and appointed councils, boards, commissions, officers, agents, employees, urrd ."pr"sentatives as Additional Insureds by endorsement with respect to lerformance 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. (iiD Contain standard separation of insured provisions' (c) Workers' Compensation Insurance. Developer shall take out and maintain during ih. T".* of this Agreement, workers' compensation insurance for all of Developer's emplJyees employed at or on the Project, and in the case any of the work is subcontracted' Oevetoper strail require any general contractor or subcontractor similarly to provide workers'. compensation insurance for such contractor's or subcontractor's employees, unless such .-pioy"", are covered by the protection afforded by Developer. In case any class of employee .ngug.a in work on the Piojectls not protected under any workers' compensation law, Developer shill-provide and shall .urrr. each contractor and subcontractor to provide adequate insurance for the piotection of employees not otherwise protected. Developer hereby indemnifies City for any damage resulting from failure of Developer, its 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 shall do all of the following:
(a) Prior to taking any actions under this Agreement, fumish City with properly executed certificates of insuianc" thut clearly evidence all insurance required in this Article, including evidence that such insurance will not be canceled, allowed to expire, or be materially reducedln coverage without thirty (30) days prior written notice to City. Provide to City, upon request, and within seven (7) calendar days of said request, certified copies of endorsements and poii"i"., and properly execuied certificates of insurance evidencing the insurance required herein. (b) Replace or require the replacement of certificates, policies, and endorsements for any insurance required herein expiring prior the termination of this Agreement. (c) 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. t9
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(d) 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 shall defend, indemnifu, 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 shall assume the defense of the claim, action, or proceeding and the 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 prior to Developer's assumption of such defense. In the event City elects to contract with outside counsel, to provide for such a defense, City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel. City shall have the absolute and sole authority to control the litigation and make litigation decisions, including, but not limited to, approving counsel to defend City and settlement or other disposition of the *utte., provided the City shall not reject any reasonable good faith settlement. If City does reject a reasonable, good faith settlement that is acceptable to Developer, Developer may enter into a settlement of the action, as it relates to Developer, and City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgment rendered in connection with such action. This Section 6.3 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation.

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 Indemniff; Waiver. Failure to indemniry Ciry, when required by this Agreement and upon receiving proper notice, shall constitute a material breach of this Agreement and of any applicable Conditional Use Permit and Subsequent City Approvals, which shall entitle City to ail remedies available under law, including, but not limited to, specific performance and damages. Failure to indemnifu shall constitute grounds upon which City may rescind its approval of any applicable Conditional Use Permit. Developer's failure to indemnifu City shall be a waiver by nlveloper of any right to proceed with the Project, or any portion thereof, and a waiver of Developer\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 failure to indemniff 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 and, therefore, Developer hereby waives all claims for damages against City for breach of this Agreement. Developer further acknowledges that under the Divelopment 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 therefore waives all claims for damages against City in the event that this Agreement or any Project approval is: (l) 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 is opposed. Developer further acknowledges that, as 20 v
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 waives all claims for damages against City in this regard. Notwithstanding the foregoing, nothing in this Section 6.5 shall amount to a waiver of Developer's right to exercise any of the administrative remedies available to Developer under applicable law and pursue any and all equitable remedies against the City in the event of the City's breach of this Agreement, including without limitation exercising its right to appeal, filing a Writ of Mandamus, or seeking specific performance.

ARTICLE 7

MORTGAGEE PROTECTION
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 ("Mortgase"). Prior to the Effective Date, Developer shall secure subordination ugr""-.nts from any person who as recorded a deed of trust or other lien against the Site. 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 immediately be deemed in default and immediately terminate upon the foreclosure or transfer of any interesi in th. Site or Project, provided such foreclosure or the transfer ofinterest results in thi change of Developer, 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 authorization shall not be unreasonably withheld.

ARTICLE 8

DEFAULT
Section 8.1. General Provisions.
(a) Subject only to any extensions oftime 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. Subject to Section 8.1(g), 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 ,ut"." of tfre alieged default and the manner in which the default may be cured ("euIg Jgliod").

During any such Cure 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 Cure 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, Ciiy may, in its sole discretion, give notice, as required by law, to the Charged Party of its intent to ievoke or rescind any operable Conditional Use Permit related to or concerning the Project. 21 v
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(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 Cure Period.
(d) Following consideration of the evidence presented and said review before City, and after providing the Charged Party an additional thirty (30) 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), iaid Party may give written notice of termination of this Agreement, speciffing in the notice the alleged nature of the default and potential actions to cure said default where appropriate.

If the alleged Jefault is not cured in sixty (60) calendar days or within such longer period specified in the notlce, 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' (0 In the event Developer is in material 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 until the default is cured, or the Agreement is terminated. (g) In the event that a person or entity other than the Developer is in default, Developer shall uselommercially reasonabli efforts to bring the person or entity in default into compliance.

The City shall provide Developer 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) davs ("Extended Cure Period")'
Section 8.2. Annual Review. City shall, every twelve (12) months during the Term of this Agreement, review the extent of good faith, substantial compliance of Developer and City with thi t..-, 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 email to Developer a copy of all staffreports and, to the extent practical, related exhibits concerning this Agreement or the Project's performance, at least seven (7) calendar days prior to suchannual review. Developer 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 Developer;s receipt of the written decision of City or the City Manager, respectively.

Developer shall bL 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 g.3. Estoppel Certificates. City shall, with at least twenty (20) calendar days prior written notice, execute, acknowledge, and deliver to Developer, Developer' lender, potential investors, or assignees an Estoppel Certificate in writing which certifies that this Agreement is in full force and 22 \-/ v
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 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 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 shall not be obligated to proceed with or complete the Project, and shall constitute grounds for termination or cancellation of this Agreement by DeveloPer.

Section 8.5. Cumulative Remedies of Parties. In addition to any other rights or remedies, City or Developer 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 p*ty, shall not be deerned 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 govemmental entities other than City including in the event of a pandemic, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, litigation, or-o^th.. 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 T"r-, unless it is terminated earlier pursuant to the terms of this Agreement. Upo., termination of this Agreement, City shall record a notice of such termination in substantial corfor*urrce 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's Obligations. Termination of this Agreement shall eliminate any further obligation of Developer to comply with this Agreement, or some portion thereof, if such termination relates to only part of the Site or Project. Termination of this igreement, in whole or in part, shall not, however, eliminate the rights of Developer 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, 23 \-' v
if such termination relates to only part of the Site or Project. 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. Developer Compliance with Amendment In Lieu Of Termination. At the City's election, in the er.nt Developer is in default of this Agreement and is unable to pay monetary amounts due City hereunder to cure said default within the applicable Cure Period, Developer shall comply with City's efforts to amend this Agreement to substitute Developer for another party which intends to take over Developer's future operations of the Project and obligations under this Agreement.

Section 9.5. Survival After Termination. The rights and obligations of the Parties set forth in this Sectiong.5,Section 2.8, Section6.3, Section 10.3, Section 10.4, Section 10.5, Section l0'7, and any right or obligation of the Parties in this Agreement which, by its express terms or nature and context is inteided to survive termination of this Agreement, will survive any such termination.

ARTICLE 10

OTHE,R GENERAL PROVISIONS
Section 10.1. Assignment and Assumption. Developer shall not have the right to sell, assign, or transfer all or any part ofits rights, title, and interests in all or a portion ofSite, or Project, subject to or a part of this Agreement, to any person, firm, corporation, or entity during the Term of this Agreement without ihe advance written consent of the City Manager, such consent shall not be urieasonably withheld or conditioned. Any assignment or transfer prohibited by this Agreement will be considered an immediate breach of thiJag.eement and City may elect to immediately terminate this Agreement as it applies to the assumed property. If the City Manager approves an assignment or transfer of any irrjterest detailed in this Section 10.1, City and Developer shall exeJute an "Assignment and
-Assumption
Agreement" in the form attached hereto as Exhibit E.

Nothing in tnir S..ti* tOf uppti.. to the Diveloper's capitalizationor ownership provisions.

Section 10.2. Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding ,rpo, ttre Parties and their respective heirs, successors and assigns, re[resentatives, lesseer, *I uil oth.r persons acquiring all or a portion of interest in the site or project, whether by opeiation of law oi ir, *y manner whatsoever. Att of the provisions contained in ihis Agreement shall be enforceable as equitable servitudes and shall constitute covenants running ,,iitt ttt" land pursuant to Califomia law, including Califomia Civil Code Section 1468.

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' Section 10.3. Notices. Any notice or communication required hereunder between City and Developer must be in writing, and may be given either personally, by facsimile or email (with originai forwarded by regulart.S. uaii), by iegistered or certified mail (retum receipt requested), or 6y Federal Express, tipS or other similar couriers providing overnight delivery. If personally delivered, a notict stratt ue deemed to have been given when delivered to the Party to whom it is addressed. If given by facsimile or email transmission, a notice or communication shall be deemed to have beerigiven and received upon actual physical receipt of the entire document by the 24 \-, \,'
receiving Party's facsimile machine. Notices transmitted by facsimile or email after 5:00 p.m. on u rro*ul 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 cofilmunication 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 (iif frv! (5j days after a registered or certified letter containing such notice, properly addressed,-with postagi prepaid, is deposited in the United States mait. If given by Federal Express or similar ro*i"i, a notice or communication shall be deemed to have been given and reciived 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 ofthe 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: City of Mendota
643 Quince Street
Mendota, CA 93640
Attention: City Manager
And to: Wanger Jones Helsley PC
265 E. River Park Circle, Suite 3 10
Fresno, Californi a 93720
Attention: John P. KinSeY, Esq.

If to Developer: ELEMENT 7 MENDOTA, LLC
645 West 9th Street
IJnit #110-63 1
Los Angeles, CA 90015
Attention: Robert M. DiVito, Jr.

And to: ELEMENT 7 LLC
4612 Glencoe Avenrte, #4
Marina Del Rey, CA 90292
Attention: Sheila Merchant 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. eny 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 Fiesno,
-CaHfornia,
before one arbitrator. The arbitration shall proceed
p*..ruit to the Comprehensive Arbitration Rules and Proceedings ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS."). If the Parties cannot agree on an arbitrator within 30 days of the first notice by either Party of the need for arbitration, the arbitrator shall be chosen in actordance with the then current Rules of JAMS. The arbitrator shall apply Califomia 25 \-, v
substantive law and shall have the power to enforce the rights, remedies, duties, liabilities and obligations of discovery by the imposition of the same terms, conditions and penalties as can be imposed in like circumstances in a civil action by a court of competent jurisdiction of the State of Califomia The arbitrator shall have the power to grant all legal and equitable remedies provided by Califomia law and award compensatory damages provided by California law, except that punitive damages shall not be awarded. The arbitration award shall be final and binding upon the Parties and may be enforced through an action thereon brought in the Superior Court for the State of Califomia in Los Angeles County.

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 onthe basis that this Agreement is invalid, unenforceable, or illegal. By entering into thir Ag.""-ent, each Party disclaims any right to tender an affirmative defense in any arbitration or.o,r.t 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 and Developer may institute legal or equitable proceedings to cure, correct, or remedy any default, to specifically "rrfor""
any covenant or agreement herein, or to enjoin any threatened or attempted violation of tfr. 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 agrees ihat Develop.. rnuy ,ot seek, and shall forever waive any right to, monetary damages against City, but excluding therlfrom the right to recover any fees or charges paid by Developer 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, o, upprorai granted by City to Developer for the Project (collectively, "Project Litigation";, the farties agree to cooperate with each other as set forth herein. City may elect to tendir the defense of any lawsuit filed and related in whole or in part to Project Litigation with legal counsel selected by City. Developer will indemniff, 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' feis, and expenses of litigation awarded to the prevailing party or parties in such liiigation. Developer shall pay all litigation fees to City, within thirty (30) days of receiving a written iequest and accounting of such fees and expenses, from City. Notwithstanding the aforementiorr.d, City may request, and Developer 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 26 v
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 and Developer agree that each Party will undergo a change in position in detrimental reliance upon this Agreement from the time of its e*""uiio1 and subsequently. The Parties agree that section 65009(c)0)@) of the California Government Code, *hi"h provides for a ninety (90) day statute of limitations to challenge the adoption of this Agreement, is applicable to this Agreement. In additiotr, ffiY person who may chailenge 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 and Developer shall each assert the affrrmative 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. [n no event shall Developer 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, attachmints, 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, *riitt.rr, 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 coniained therein shall in no way be held to explain, modiff, ampliff, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 27 v
\-/ v
(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, partnerships, firms, or associations, wherever the context requires. (g) Mandatory and Permissive. "Shall" and "wi11" 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.
0) Other Documents. The Parties agree that they shall cooperate in good faith to u"ro*pii.h 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.
0) 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 entitier, p...o.r., staies, 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 o. ufr."-.nt 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.
(o) 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 shali 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. Unless expressly stated otherwise, 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. 28 \-, v
IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the Effective Date of the Agreement, as defined above. .OCITY" OODEVELOPER"
Date r{ 2021 Date: 202r

CITY OF MENDOTA, CA
a California Municipal Corporation
ELEMENT 7 MENDOTA, LLC, a California
Limited Liability Company
By:

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Cristian Gonzalez
City Manager
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Attest: tu
Celeste
City Clerk
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Kinsey
City Attorney
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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
VA of that document.

State of California
County of FWSYIo )
On before ffie,
(insert name and of the cer)
personally appea red 0''$nr\n {TfiLdL(k
who proved to me on the basis of s
subscribed to the within instrument and acknowledged to me that he/st15 \n/y executed [he sa'me in histh/rtthy'r authorized capacity(i96), and that by histl6rtti26ir signature6|l o" the instrument the perdonJpfi, or the entity upon behalf of which the personfd) acted, executed the instrument.

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

WITNESS my hand and official seal. ffi C ELESTE CABR ER,A.G.ARC IA Notary Public - Californit
Fresno County
Cornmission I Z26l396
lly Comm, Expires Nov I 6. ZOZL
Signature (Seal)
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State of California
County of S.r^ Qzr,.r.t UD )
before me, l.{rr,rw -,li*r- Ss Notar,,r P,rH
t
On
(insert name inO -'
personally appeared
who proved to me on the 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.

I 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 ilhINA LING SO
Notary Public .

San Fnncisco
California
Commisslon #
County
2370271
o
Comm. Expires Aug 9, Z0Z5
Signature (Seal)
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EXHIBIT A

LEGAL DESCRIPTION
Lots I I through 16 (inclusive) of Block 48 of The Town of Mendota, according to the map thereof recorded in Book I of Miscellaneous Maps at Page 18, Fresno County Records, in the City of Mendota, County of Fresno, State of California.

APN 013 -191 -18

END OF DESCRTPTION
616121
No. 8468

Page 1 of 1 ends

Mendota City CouncilJune 2, 2026

Mendota City Council
June 2, 2026