MINUTES OF A SPECIAL MEETING OF THE MENDOTA CITY COUNCIL
DATE:

FEBRUARY 14, 1997, 6:00P.M.

PRESENT:

Robert Silva, Joseph Amador, Fidel De La Cruz, Robert Rasmussen, Joseph
Rio frio

ABSENT:
STAFF:

Zacarias Gonzalez II, City Manager; Elena R. Martin, Finance Director;
Rosemary A. Ramirez, City Clerk; Louie Garcia

1)

ROLL CALL:

2)

PLEDGE TO THE FLAG:

3)

AUDIENCE:
A)

4)

MINERVA PEREZ & DOLORES ANGEL, DIVISADERO STREET, MENDOTA:
RE: USE OF PARK FOR WEDDING. Ms. Angel and Ms. Perez were before the
City Council to gather information regarding the fees for the use of the Pool Park.
Ms. Martin informed the Council members that the ordinance stated that the $3 000
deposit is for personal gain use only. Since this is not for any gain Ms. Martin
suggested allowing the use. Mr. Risner suggested that the City allow the use but
require insurance and a utility cost

CLOSED SESSION:
A)

CONFERENCE WITH CITY COUNCIL AS PER GOVERNMENT CODE
SECTION 54957, RE: CONSIDERATION OF APPOINTMENT, EMPLOYMENT,
EVALUATION OF PERFORMANCE. TITLE: CITY MANAGER.

B)

CONFERENCE WITH CITY COUNCIL AS PER GOVERNMENT CODE
SECTION 54957., RE: CONSIDERATION OF APPOINTMENT, EMPLOYMENT,
EVALUATION OF PERFORMANCE. TITLE: CITY ATTORNEY.

The Council members were in consensus to move this item up on the agenda. They went
into closed session at 6:10p.m. The Council members returned from closed session at 7:25
p.m. with Ms. Martin making the following statement:
On Item A. The City Manager's contract is terminated immediately with no further
responsibilities required, based on a motion made by Council member Rasmussen, seconded
by Council member Riofrio, with Council member De La Cruz voting No. All records,
materials, equipment, and information that has been gathered regarding all city business shall
be returned and retained by the City. Mayor Silva informed Mr. Gonzalez that his services
with the City were terminated, effective immediately.
On Item B. The City Attorney's contract is terminated with no further responsibilities
required excluding the two (2) special Grant Administrator- contracts that will be discussed
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Council member Rasmussen, seconded by Council member Riofrio with Council member
De La Cruz voting No. All records, material, equipment and information that has been
gathered regarding all City business shall be returned and retained by the City.
1

'

Mr. Risner informed the Council members of the 30 day notice requirement. Mr. Moreno
stated that he was proud to have served the City of Mendota. It is the first hispanic
community that he had ever served.
Mr. Gonzalez stated for the record that he wished to submit his resignation. Council member
De La Cruz excused himself from the rest of the meeting and left at 7:30p.m.

 MENDOTA CITY COUNCIL
Page 2 of 6
February 14, 1997

OLGA MARTINEZ, MENDOTA: Stated that she was not sure if it would be appropriate
for her to ask for the reasons. Mr. Risner stated that the firm would waive that right and
wanted to know, as well. Ms. Martinez stated that this comes as a surprise and her concern
is what plan of action is there after tonight. Who will take that accountability on? Mayor
Silva stated that the Council will bring an Interim City Attorney on board. The City staff
will take over for a while. The business of the City will move forward. The community has
a commitment from the City Council to go forward.
DAVE DANIEL, 823 DERRICK, MENDOTA: Ms. Martinez is correct to a point. We
don't have a law firm to represent the City. Recommend that we get legal counsel. What
is in the best interest of our community.
ED PETRY, 291 FLEMING, MENDOTA: If we have City Managers that live here and put
up with the problems. How can they live somewhere else and be here only 3 or 4 years.
Can't get cooperation from Administration for lack of guidance, people who take an interest
in the community. Use your own staff for Administration for a while.
ALEX VALDEZ, 260 GREGG COURT NO., MENDOTA: Want to withdraw this item
from the agenda. No City Attorney and City Manager to give guidance. The individuals that
were terminated would like to pat them on the back. This City is not going to progress.
5)

PUBLIC HEARING:
A)

6)

7)

RESOLUTION NO. 97-02: In the Matter of Approving an application for Funding
and Execution of a Grant Agreement from the Planning/Technical Assistance
Allocation of the State CDBG Program in the amount of$37,450.00 for a SURVEY
COMPONENT OF DRAINAGE MASTER PLAN. With no comment on this project
recommendation, the Council members unanimously approved the resolution, based
on a motion made by Council member Riofrio, seconded by Council member
Amador.

ENGINEERING:
A)

Status Report of Projects Requiring City Engineer's Input/Action, including the
following topics: Water Supply System, Ground Water Feasibility Study, Water
Survey, Sewer Survey, Installation of 30-inch Trunk Sewer and Appurtenances,
Wastewater Treatment Plant Improvements, Hacienda Gardens, Belmont Avenue,
Panache/Silver Creek CRMP, Water Quality Report to Customers. Mr. Moreno
briefly went over the status of the projects and left the meeting.

B)

Public Works Activities for the month of January, 1997. Mr. Garcia went over his
status report for the Council's benefit.

C)

Memorandum from Public Works Director RE: Removal of Old Fresno County Pool
Park Well. Mr. Garcia was requesting approval from the Council to have the motor
and shaft repaired at an estimated cost of $.5,884.00. This water "'vvell is neeued for
the irrigation and clean up of restrooms at the Mendota Pool park. The Council
members unanimously approved the expense, based on a motion made by Council
member Amador, seconded by Council member Rasmussen.

D)

Memorandum from Public Works Director, RE: Proteus Work Crews. Mr. Garcia
informed the Council members that he was given a crew of 7 and more will be added
as money becomes available form Proteus.

FRESNO COUNTY SHERIFF'S REPORT:

 MENDOTA CITY COUNCIL
Page 3 of6
February 14, 1997
8)

9)

PLANNING:
A)

Building Permit and Code Enforcement Report for the month of January, 1997. Mr.
Ortega went over his Building Permit Report.

B)

Minutes of a Planning Commission Meeting held on February 11, 1997. The Council
members held a brief discussion regarding the attendance of the Planning
Commission meetings. Mayor Silva asked staff to write a letter to the two non
attending Commissioners advising of their termination and submit criteria to the
newpaper requesting applications available for two vacancies.

CONSENT: ACTION
All matters listed under Consent are considered to b e routine and will be enacted by one motion in the form
listed. There will be no separate discussion of the items unless good cause is shown prior to the time the
Council votes on the motion to adopt. The Council wishes to dispense with the reading of Resolutions, and
will read the title only.

A)

Minutes of meetings held on JANUARY 14, 1997.

B)

Declaration of Posting of the Agenda.

C)

RESOLUTION NO. 97-03: In the matter of Proclaiming April1997 as California
Earthquake Preparedness Month.
The Council members unanimously approved the above items, based on a motion
made by Council member Amador, seconded by Council member Riofrio, with
Council member De La Cruz absent.

D)

10)

FINANCE:
A)

11)

RESOLUTION NO. 97-04: In the matter of Authorizing the City Manager to
Execute a Grant Deed of Sale of City Property located on Oller & 2nd Street. The
Council members unanimously approved this resolution, based on a motion made by
Council member Rasmussen, seconded by Council member Amador, with Council
member De La Cruz absent.

JANUARY/FEBRUARY Warrant Approval List #12814 thru #12878 in the
amount of $ 79.479.66. JANUARY/FEBRUARY Manual Warrant(s) #35551 thru
#35564 in the amount of $ 36.838.01. TOTAL FOR COUNCIL'S APPROVAL .$
116,317.67. The Council members approved the warrant list, based on a motion
made by Council member Amador, seconded by Council member Riofrio, with
Council member De La Cruz absent.

INFORMATION:
The Council members directed Ms. Martin and Ms. Ramirez to follow up on some of these
letters.

12)

OLD BUSINESS:
A)

DON MOSS, FIREBAUGH CANAL CO., RE: DRAIN PIPE ON FIREBAUGH
CANAL TO RELIEVE FLOOD WATER AND TO PROVIDE FILTERED WATER
AS PROMISED BY CITY SOME TIME AGO. Mr. Petry, representing Council
member De La Cruz stated that he would appreciate some action on this item. Mr.
Martin informed the Council members that Mr. Dave Pearson, Attorney for Hacienda
Gardens, had stated to her that there is an easement that needs to be cleared up. He

 MENDOTA CITY COUNCIL
Page 4 of6
February 14, 1997

had already made contact with Firebaugh Canal Co. And as of yet has not heard from
them. Mr. Garcia stated that he would check into the cost of the pipeline. The City
will supply the line. Firebaugh Canal has stated that they will provide the trenching
and help with the installation. Will come back with the cost. The Council members
were in consensus to help.

13)

B)

CONTRACT AGREEMENT WITH THE STATE DEPARTMENT OF BOATING
AND WATERWAYS FOR MENDOTA DELTA $35,000 PHASE I GRANT AND
APPROVAL OF RESOLUTION NO. 97-05: IN THE MATTER OF ACCEPTING
THE TERMS OF A GRANT AGREEMENT WITH THE STATE DEPARTMENT
OF BOATING AND WATERWAYS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT. The Council members
unanimously approved the grant agreement and authorized the Acting City Manager
to execute the agreement, based on a motion made by Council member Amador,
seconded by Council member Rasmussen, with Council member De La Cruz absent.

C)

APPOINTMENT OF TWO COUNCIL MEMBERS TO SIT ON FLAG DESIGN
COMMITTEE. The Council members appointed Council member Amador, and
Council member Riofrio to sit on that committee with Mr. Dave Daniel to be the tie
breaker.

NEW BUSINESS:

A)

EXCLUSIVE DEVELOPMENT AGREEMENT OF A FARM LABOR &
LOW INCOME HOUSING COMPLEX AND CHILD DAY-CARE CENTER
FACILITY AS REQUESTED BY ALEX VALDEZ. This item was pulled by Alex
Valdez ..

B)

MR. JAMES AIELLO, LL.B, PRESIDENT, CORPORATE MANAGEMENT
SERVICES, RE: DISCUSSION OF RE-ESTABLISHMENT OF THE MENDOTA
POLICE DEPARTMENT. Mr. Aiello was before the Council members and thanked
Council member Amador and Elena Martin for being helpful and Rosemary Ramirez
for having a pleasant personality. Presentation by Mr. Aiello with overhead
projector. Showed various statistics regarding felony arrests and misdemeanor
citations. Showed comparisons with other small cities in Fresno County.
Council member Riofrio stated that he would like to have a top notch law
enforcement. Don't want to remove our current fire protection district. Sheriff
Department Sargent was on has and informed the Council members that the
construction costs for the current Mendota building detention facility would be
$400,000 to renovate existing building and $600,000.00 for the City Hall building.
Chief Ernie Saldivar stated that people are under the misconception that if you
terminate the contract that he has the same responsibilities as the Sheriffs Office.
If you terminate the contract, the station belongs to the Fresno County, not the City.
We provide service 24hrs, 2 fire fighters, 7 days a week for the $108,000.
Mr. Wayne Duncan, lets just go County. Let the Sheriffs Department come in
anyway. The $180,000 is not maintaining the Sheriffs. We are losing monies. Pays
for 3 Deputy Sheriffs. The decision is up to the City Council. The level of service
provided is much more than what is on the contract. Mayor Silva stated that the
Council needs a lot of information and we will get that from both parties.

C)

DISCUSSION OF MEETING DATE FOR FIRST ANNUAL MENDOTA
BUSINESS CONFERENCE.Mayor Silva stated that he had been asking people in
the community. He had met with Assemblyman Prenter and Small Business

 MENDOTA CITY COUNCIL
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February 14, 1997
Administration. How can we help. Those things should be discuss. March 12, 1997
is a good date. There are various people that want to attend and invite the local
businesses. By next meeting there should be an agenda.
14)

MANAGER:
A)

15)

LAW:
A)

16)

City Manager's Status Report. CRUZ RAMOS, WESTERN WASTE, RE:
CONTRACT EXTENSION: Ms. Ramos, David Rodriguez, Larry Lozano, local
refuse truck drivers, were before the Council members. Ms. Ramos stated that they
want consideration of renewing their contract due to a good record with City.
Council member Riofrio asked about the possibility to go fully automated. Council
member Rasmussen asked what would happen to local employees if go fully
automated. They would still be employed. Mayor Silva stated that we want a spring
cleanup. Ms. Cruz stated that Western Waste can work with the City. Dave Daniel
stated that he has lived in this community and with other hauler had experienced
problems. Western Waste has reduced the problems. Danny Martinez, Martinez
Drive, stated that the drivers do an excellent job. Mayor Silva asked if Western
Waste could be involved with the Business Community.

Status Report for the month of JANUARY, 1997.

REPORTS FROM COUNCIL: The following items will be discussed and Staff action may be
requested.

A)

MAYOR SILVA: Ms. Martinez stated that she was glad that the business conference
will be held on March 12. Hope that we can do whatever it takes to keep that
meeting. Commend you for that. In regards to the decision made today. Mayor Silva
appointed Ms. Martinez to assist with the Business Conference. She said she would
be happy to do it.

B)

COUNCIL MEMBER RIOFRIO: The decision made tonight was in the best interest
of Mendota. I am sure Mr. Gonzalez is capable in moving on to greener pastures.
The decision was a much needed one. I can only see bigger and better things. Mr.
Rasmussen invited Mr. Aiello to provide info on having our own Police Department.
Don't see anything wrong in that. Believe that the start up cost can continue to look
into it, gather more info.
Public works street signs, a lot of intersections that don't have street signs.
Elena/Rosemary were you aware that there was an I-5 Corridor meeting on Monday,
February 10 in San Joaquin. A comment was made by our Supervisor Deran
Kaligian as to why Mendota was involved when they don't even attend Meetings.
Good things that have been started and good things that we need to continue with.
If we are in need of some immediate attention, I am sure we can call one of the
neighboring comn1unities, at least one day a '.veek until we find someone else. Mayor
Silva stated that Ms. Martin does a hell of a job. Mr. Martin informed the Council
members regarding the chain of command as set by ordinance.
COUNCIL MEMBER AMADOR: It was a difficult decision to make. When a new
City Manager comes on board, the first thing we need to tell him is that we need
total communications. I don't want to hear it from another community member. I
was born and raised in this community and I want the best.
COUNCIL MEMBER RASMUSSEN: Tonight was a tough decision. It is not a
decision that I took lightly. As it was said it needed to be done.

 MENDOTA CITY COUNCIL
Page 6 of6
February 14, 1997
Have invited Mr. Aiello here to share information to help reestablish a police
department. There is concern about the growing gang problems. Mr. Daniel is doing
an admirable effort with youth. There are problems. The community would also like
to see its own Police Department. Hope that the people would be fair to Mr. Aello
or anyone. Getting a real uncomfortable feeling in the way the Sheriffs office is
defending their contract. Thought that the best politition here tonight was the
Sargeant. If we are going to go forward as a community, offer something to the
community, I think two things we need to concentrate on is improving the water and
a local law enforcement agency, making Mendota more attractive.
MAYOR SILVA: Decision made is tough and not easy. Any time you let someone
go it is tough. We are elected to do what the people want. Want to discuss the
concept of the car safety program. Want to get going on this thing. Non alcoholic
event. Should we do it again. Let's sit down and start discussing the program again.
We already know how to get to these agencies. CHP, DMV, EDD, Sheriffs
Mayor Silva further stated that the business people here in the community being
upset about one day license to vendors. People come here from out of town.
Council member Amador stated that we need to increase the rates. Mayor Silva
asked Ms. Martin that is one of the items to place on Budget Workshop.
Cal Dooley, Jim Costa, meeting in Visalia on the 22th of February. Silva and
Council member Amador will go.
Special meeting on Tuesday, February 18, 6:00p.m. to bring Interim Legal Counsel
on board.
17)

ADJOURNMENT:
With no further business, the Council members unanimously approved adjourning this
meeting at 10:15 p.m., based on a motion made by Council member Amador, seconded by
Council member Riofrio, with Council member De La Cruz absent.

ROBERT SILVA,
MAYOR

ROSEMARY A. RAMIREZ,
CITY CLERK