Agenda packet, regular meeting — Madera City Council, March 2, 2022

Update 2/24/2022 at 7:00 p.m. Madera City Council Agenda Page 1 of 5 March 2, 2022

REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, March 2, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 832 4470 2891#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

The City will observe the Madera County Public Health Department recommendations. This may limit seating in the Council Chamber; however, the City will have seating available in the foyer. All persons visiting City facilities shall observe health and safety protocols.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Rabbi Paul Gordon, Congregation Beth Jacob
PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters Update 2/24/2022 at 7:00 p.m. Madera City Council Agenda Page 2 of 5 March 2, 2022
discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)

2. Madera District Fair Award Recognition
INTRODUCTIONS:

A. WORKSHOP: None
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the public or a member of the Council may request an item be removed from the Consent Calendar and it will be considered separately.

B-1 Minutes – 07/21/21
Recommendation: Approve the City Council Minutes of July 21, 2021 B-2 Informational Report on Register of Audited Demands for February 5, 2022 to February 18, 2022
Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Second Reading and Adoption of an Ordinance for a Rezone related to the development of the Sunset Apartment Project
Recommendation: Waive full reading and Adopt an Ordinance, rezoning the approximately

0.2 northern acres of Assessor’s Parcel Number 006-182-007 to the R3 (One unit per 1,800 square feet of site area) zone district (Report by Arnoldo Rodriguez)
B-4 Second Reading and Adoption of an Ordinance Amending the City’s Municipal Code Relating to the Appointment Process for City Boards, Committees, and Commissions Recommendation: Waive full reading and Adopt an Ordinance Amending §2-3.101 OF TITLE II, CHAPTER 3 of the Madera Municipal Code relating to the appointments process for City Boards, Committees, and Commissions (Report by Arnoldo Rodriguez)
B-5 2020-21 City St. 3R & ADA Project, State Project No. LPP SB1-LLPL 5157 (120), City Project No. R-71
Recommendation: Adopt a Minute Order Approving
1) Acceptance of 2020-21 City St. 3R & ADA Project, State Project No. LPP SB1- 5157 (120), City Project No. R-71; and
2) The Recording of Notice of Completion; and,
3) The release of retention 35 days after recording of the Notice of Completion (Report by Keith Helmuth)
Update 2/24/2022 at 7:00 p.m. Madera City Council Agenda Page 3 of 5 March 2, 2022
B-6 Amendment to the Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2021/22 and Rescinding Resolution No. 22-05
Recommendation:
1) Adopt a Resolution Rescinding Resolution No. 22-05 and approving the amended application for TDA, LTF for FY 2021/22 with FY 2020/21 carryover balances; and 2) Authorizing the City Engineer to execute the amended application and submit it to the MCTC for approval and adoption (Report by Keith Helmuth) B-7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2021 funding allocation Recommendation: Adopt a Resolution Authorizing a Budget Amendment to the JAG FY 2021 Program budget as a result of accepting Grant in the amount of $27,829 (Report by Anthony Forestiere)
B-8 Amendment to Lease Agreements at the Madera Intermodal Transit Center Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Lease Agreement between the City and Greyhound for the use of the Intermodal Transit Center and Rescinding Resolution No. 22-03 (Report by Anthony Forestiere)
B-9 Amendment to Existing Consultant Contract between the City and NBS Relating to Utility Rate Studies
Recommendation: Adopt a Resolution Approving First Amendment to Agreement for Professional Services between the City and NBS Relating to Rate Studies for Additional Services at a Cost of $30,000 (Report by Anthony Forestiere) C. PUBLIC HEARINGS:

C-1 7:00PM – Redrawing of Council Member District Boundaries (Redistricting) Recommendation:
1) Receive a report on the redistricting process, feedback from the February 6, 2022, second redistricting workshop draft maps, and permissible criteria to be considered to redraw district boundaries;
2) Conduct Public Hearing #4 on redistricting and receive public input; and 3) Provide feedback on preferred map or maps, and/or desired changes to draft maps (Report by Alicia Gonzales)
C-2 Updating Prima Facie Speed Limits on Designated City Streets in Compliance with Vehicle Code Regarding Speed Surveys on City Streets
Recommendation: Introduce an Ordinance Amending Section 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code (MMC) to Update Prima Facie Speed Limits on City Streets (Report by Keith Helmuth)
C-3 Public Hearing Relating to Annexation of Certain Properties into Zone of Benefit 40 and Zone of Benefit 51 to the Citywide Landscape and Lighting Assessment Districts (LMD) Zone for Fiscal Year 2022/23
Update 2/24/2022 at 7:00 p.m. Madera City Council Agenda Page 4 of 5 March 2, 2022
Recommendation: Adopt Resolutions Approving Annexation of Certain Properties to Citywide Lighting and Landscaping Assessment Districts:
1) Resolution Approving Annexation No. 2022 -01 for Annexation of APN 012-253-002, 012- 270-001, and APN 012-270-002 (Rai Apartments) Into Zone of Benefit 40; Confirming the Diagram and Assessment for Citywide Landscape and Lighting Assessment District Zone of Benefit 40 for Fiscal Year (FY) 2022/23; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor; and
2) Resolution Approving Annexation No. 2022-02 for annexation of APN 010-193-010 (Caliber); APN 012-133-039 (ARCO); APN 003-194-012 (Starbucks Country Club Drive) Into Zone of Benefit 51; Confirming the Diagram and Assessment for Citywide Landscape and Lighting Assessment District Zone of Benefit 51 for Fiscal Year (FY) 2022/23; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor (Report by Keith Helmuth)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items., and (iv) to take action on matters initiated under this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation - Pursuant to Government Code §54956.9(d)(2)
Workers’ Compensation: John Cortes – One (1) claim
G-2 Conference with Legal Counsel – Existing Litigation Pursuant to Government Code §54956.9(d)(1)
Workers’ Compensation: Brian Hutchison EAMS No. ADJ12672547 Mark Manzo EAMS No. ADJ12491801
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, March 16, 2022
 Wednesday, April 6, 2022
 Wednesday, April 20, 2022
 Wednesday, May 4, 2022
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda Update 2/24/2022 at 7:00 p.m. Madera City Council Agenda Page 5 of 5 March 2, 2022
report may be requested by contacting the City Clerk’s Office at (559) 661-5405 or by email at [email protected] .
 The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Request for additional accommodations for the disabled, signers, assistive listening devices, or translators needed to assist participation in this public meeting should be made at least seventytwo (72) hours prior to the meeting. Please call the Human Resources Office at (559) 661-5401. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service.  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for March 2, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 7:00 p.m. on February 24, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 1 of 11

Minutes of a Regular Meeting of the Madera City Council, Special Meeting of the Madera Public Financing Authority Board, and Special Meeting of the Madera City Council as Successor Agency to the Former Madera Redevelopment Agency
Wednesday, July 21, 2021 Council Chambers
6:00 p.m. City Hall
This meeting was conducted pursuant to the provisions of the Governor’s Executive Order which suspends certain requirements of the Ralph M. Brown Act. The City Council meeting was live streamed on the City’s website at www.madera.gov/live. Members of the public were able to participate in the meeting remotely through an electronic meeting via phone by dialing (669) 900-6833 entering ID: 968 0247 3470 # followed by *9 on their phone to speak. Comments were also accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Artemio Villegas, District 6
Councilmember Cece Gallegos, District 1
Councilmember Steve Montes, District 3

Absent: Councilmember Jose Rodriguez, District 2
Councilmember Anita Evans, District 4
Vacant, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Chief Building Official Steven Woodworth, City Engineer Keith Helmuth, Financial Services Director Roger Sanchez, Fire Division Chief Matt Watson, Grants Administrator Ivette Iraheta, Human Resources Director Wendy Silva, Information Services Manager Mark Souders, Planning Manager Gary Conte, Police Commander Giachino Chiaramonte, Interim Public Work Director Dan Foss, Senior Civil Engineer Victor Aldama, Administrative Analyst (Eng. Dept) Nicole Say, Financial Services Manager Anthony Forestiere, Program Manager Grants Alex Estrada, Planner (Consultant) Steve Bettencourt, and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Villegas
PLEDGE OF ALLEGIANCE: Interim Public Works Director Daniel Foss Item: B-1
Minutes for: 07/21/2021
Adopted: 03/02/2022 I
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205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 2 of 11
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE AGENDA AS AMENDED TO MOVE ITEM D-1 INTO SECTION C AS ITEM C-2 AND TO PULL ITEMS B-9 AND B-10 FROM AGENDA WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND EVANS. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ABSENT: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
PUBLIC COMMENT:

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the Agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Speaker (no name mentioned) spoke on reopening City Council meetings to the public. She mentioned that at the previous meeting Mayor Garcia, Mayor Pro Tem Villegas and Councilmember Evans stated they did not want in-person meetings because they were afraid of Covid, however they are seen at political and public events which are sometimes held indoors before and after these Council meetings. She mentioned that she noticed that Mayor Garcia is texting during discussion and Councilmember Evans and Mayor Pro Tem Villegas seem to then vote however the Mayor votes.

Rafaela Ruiz commented on the grant funds received in 2020 that were to be used to revitalize downtown Madera. She had questions on what the funds were used for and stated that Madera needs action now with a developed downtown so that we can begin to rebuild the heart of the city. She asked that action be taken now before the project is forgotten.

Marilyn Delejia commented on the cannabis square footage requirement for vertical integration and asked for more equity licenses.

Kirk Atamian stated there is a Facebook group that Council should look at to see how the people of Madera feel about live or Zoom meetings. He also stated that the Council does not work well together. As a city, they are not moving forward because the Council needs to work together.

Gabriel Hernandez commented on not being able to attend live meetings and mentioned that Mayor Garcia Councilmember Evans and Mayor Pro Tem Villegas have not let that be an option. He mentioned City of Madera City Council Minutes
205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 3 of 11
several events that Mayor Garcia and/or Councilmember Evans attended in person and stated they are showing hypocrisy and hopes the people remember this when they are up for re-election. He stated it is a shame they are stuck with leaders like them for the next few years.

No further public comment was submitted.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)
PUBLIC COMMENT:

After Public Health Department Director Sara Bosse finished her presentation, Mayor Garcia gave a caller a chance to speak on public comment not related to this item.

Rico Salvador on behalf of Mainstream Medicinal spoke on cannabis, vertical integration and square footage.

No further public comment was presented.

INTRODUCTIONS:

1. Joseph Hebert, Grants Program Manager (Introduction by Ivette Iraheta) A. WORKSHOP:

A-1 Federal American Rescue Plan Act (ARPA) of 2021
Recommendation: Consider Workshop Presentation and Provide Direction to Staff (Report by Roger Sanchez)
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM VILLEGAS, THE CONSENT CALENDAR WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND EVANS. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM VILLEGAS
City of Madera City Council Minutes
205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 4 of 11

MAYOR GARCIA
ABSENT: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
B-1 Minutes – 03/03/21
Recommendation: Approve the City Council Minutes of March 3, 2021 B-2 Informational Report on Register of Audited Demands for June 26, 2021 to July 9, 2021 Recommendation: No Action Required (Report by Roger Sanchez) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Agreement for Continued Participation in the Central Valley Employment Relations Consortium (CVERC)
Recommendation: Adopt a Minute Order Approving the Agreement for Special Services with Liebert Cassidy Whitmore in the amount of $2,548 and authorize the City Manager to execute the Agreement (Report by Wendy Silva) B-5 Consideration of a Request by Maria I. Garcia de Molina for Connection to the City’s Water System
Recommendation: Adopt a Resolution Approving an Agreement for Outside City Water Service for Property located at 13633 Road 28, Approving Covenant to Annex, and Directing Staff to Record the Agreement and Covenant (Report by Keith Helmuth)
RES 21-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,APPROVING THE AGREEMENT WITH MARIA I. GARCIA DE MOLINA FOR OUTSIDE OF CITY WATER SERVICE FOR 13633 ROAD 28,

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND

COVENANT ON BEHALF OF THE CITY AND DIRECTING STAFF TO RECORD

THE AGREEMENT
B-6 Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2021/2022 Local Solicitation
Recommendation: Adopt a Resolution Authorizing Submission of an Application to the Edward Byrne Memorial Justice Assistance Grant (JAG) Programming in the Amount of $27,829 (Report by Ivette Iraheta)
RES 21-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING THE CHIEF OF POLICE TO MAKE AN

APPLICATION FOR AWARD TO THE EDWARD BYRNE MEMORIAL JUSTICE

ASSISTANCE GRANT PROGRAM
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205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 5 of 11
B-7 Appropriations Limit (Gann Limit) for Fiscal Year 2021/2022 Recommendation: Adopt a Resolution Establishing an Appropriations Limit for Fiscal Year 2021/2022 in the amount of $49,444,246 (Report by Roger Sanchez) RES 21-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA ADOPTING THEAPPROPRIATIONS LIMIT FOR THE 2021/2022 FISCAL YEAR
B-8 Consideration of California Conservation Corps (CCC) Sponsor Agreement Recommendation: Adopt a Resolution Approving a Sponsor Agreement with California Conservation Corps (CCC) for Performance of Work Projects (Report by Daniel Foss)
RES 21-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A SPONSOR AGREEMENT WITH CALIFORNIA

CONSERVATION CORPS FOR PERFORMANCE OF WORK PROJECTS
B-9 Agreement with Hawkins, Delafield & Wood for the Preparation of Bond Debt Arbitrage Analysis Reports for the City, Madera Public Financing Authority, and Madera Successor Agency for Five Bonds
Recommendation: Adopt a Joint Resolution Approving an Agreement with Hawkins, Delafield & Wood to Prepare the Arbitrage Analysis Rebate Reports for the Fiscal Years 2021/22 through 2023/24 for the City of Madera, Madera Public Financing Authority, and the Successor Agency (Report by Roger Sanchez)
This item was pulled off the agenda.

B-10 Agreement with Thales Consulting, Inc. to Prepare and File the City Financial Transaction Report, the Financing Authority Special District Report, and the Annual Transit Report Recommendation: Adopt a Joint Resolution Approving a Special Services Agreement between the City of Madera, Madera Public Financing Authority, and Successor Agency and Thales Consulting, Inc. for Three Fiscal Years Totaling $13,500 (Report by Roger Sanchez)
This item was pulled off the agenda.

C. PUBLIC HEARINGS:

C-1 Public Hearing to Approve the Community Development Block Grant (CDBG) 2021/2022 Action Plan Final Funding Allocations, including Reprogrammed Funds ($1,312,192) and Approve Subrecipient Agreements
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Madera, CA 93637 Page 6 of 11
Recommendation: Conduct a Public Hearing to Receive Final Public Input on the 2021/2022Action Plan, and Adopt the Following Resolutions:
1) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($5,000) with Big Brothers Big Sisters of Central California; and 2) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($5,000) with Doors of Hope Pregnancy Care Center; and
3) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($5,000) with Madera Coalition for Community Justice; and 4) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($17,856) with Madera Rescue Mission; and
5) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($36,500) with O.L.I.V.E. Charitable Organization; and
6) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($5,000) with Pequeños Empresarios; and
7) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($35,500) with Madera Coalition for Community Justice; and 8) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($32,500) with City of Madera, Parks & Community Services; and 9) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($20,000) with Community Action Partnership of Madera County, Inc.; and 10) Adopt a Resolution Approving a Regulatory Agreement and Declaration of Restrictive Covenants ($60,000) with James Mekalian DBA La Madera Accessible Living Studios; and 11) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($345,027) with Community Action Partnership of Madera County, Inc.; and 12) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($75,000) with Habitat for Humanity Greater Fresno Area; and 13) Adopt a Resolution Approving a 2021/22 CDBG Subrecipient Agreement for Services ($500,000) with City of Madera Public Works Department
Public Comment was opened.

Baldwin Moy asked that the award be increased for the Madera Youth Street Art Project.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-1 (1-13) WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT:

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Madera, CA 93637 Page 7 of 11
COUNCILMEMBERS RODRIGUEZ AND EVANS. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ABSENT: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
RES 21-92 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA,APPROVING A 2021/22 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000) WITH BIG

BROTHERS BIG SISTERS OF CENTRAL CALIFORNIA
RES 21-93 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000) WITH

DOORS OF HOPE PREGNANCY CARE CENTER
RES 21-94 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000)

WITH MADERA COALITION FOR COMMUNITY JUSTICE
RES 21-95 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($17,856)

WITH MADERA RESCUE MISSION
RES 21-96 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($36,500) WITH O.L.I.V.E. CHARITABLE ORGANIZATION
RES 21-97 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000) WITH

PEQUENOS EMPRESARIOS
RES 21-98 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($35,500)

WITH MADERA COALITION FOR COMMUNITY JUSTICE
RES 21-99 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
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Madera, CA 93637 Page 8 of 11
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($32,500)

WITH THE CITY OF MADERA, PARKS & COMMUNITY SERVICES
RES 21-100 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($20,000) WITH COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY, INC.

RES 21-101 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT ($60,000) AND RELATED

GRANT REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE

COVENANTS WITH JAMES MEKALIAN DBA LA MADERA ACCESSIBLE

LIVING STUDIOS
RES 21-102 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($345,027) WITH COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY, INC.

RES 21-103 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($75,000}

WITH HABITAT FOR HUMANITY GREATER FRESNO AREA
RES 21-104 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2021/22 COMMUNITY DEVELOPMENT
BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($500,000)

WITH THE CITY OF MADERA, PUBLIC WORKS DEPARTMENT
C-2 Confirm Diagram and Assessments for Citywide Landscape and Lighting Assessment District Zones of Benefit for Annual Levy for Fiscal Year 2021/2022 This item was moved from Section D to this section at agenda approval.

Recommendation:
1) Conduct the Public Hearing and Receive Any Public Comments 2) If there are unresolved public comments in any zone that require changes to the Engineer’s Report, address the public comments at the meeting prior to approving a resolution adopting the Engineer’s Report as may be revised by council. 3) Adopt Resolution confirming the diagram and assessments for annual levy for Fiscal Year 2021-2022 for City Wide Landscape and Lighting Assessment District Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15- B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24,25- C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, City of Madera City Council Minutes
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Madera, CA 93637 Page 9 of 11
44, 45-A, 46, 50 & 51 and authorizing the City Clerk to file the diagram and assessments with the Madera County Auditor (Report by Keith Helmuth) ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR GARCIA, ITEM D-1 (1-13) WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND EVANS. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ABSENT: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
RES 21-105 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE ANNUAL LEVY FOR FISCAL YEAR 2021-2022 FOR CITYWIDE LANDSCAPE AND LIGHTING DISTRICT ZONES OF BENEFIT 1, 2, 3, 4, 6-A, 6-8, 7, 8, 9, 10-A, 10-8, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-1, 12, 13, 14, 15, 15-8, 15-C, 16, 17-A, 17-8, 17-C, 17-D, 18, 20-A, 20-8, 20-C, 21-A, 21-8, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-8, 26- C,26-D, 27, 27-8, 28, 28-8, 29, 29-8, 29-C, 29-D, 29-E, 30, 31-A, 31-8, 32-A, 32-8, 33, 34, 34-8, 34-C, 35, 36-A, 36-8, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 AND AUTHORIZING THE CITY CLERK TO FILE

THE DIAGRAM AND ASSESSMENT WITH THE MADERA COUNTY AUDITOR D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

Item D-1 was moved to Section C as Item C-2 at agenda approval.

D-2 Award of Street Project Contract: 2020-21 City St. 3R & ADA Project, State Project No. SB1- LLPL 5157 (120), City Project No. R-71
Recommendation: Adopt a Resolution Approving the Contract Award for the 2020-21 3R & ADA Project, State Project No. SB1-LLPL 5157 (120), City Project No.

R-71, in the Amount of $543,891 to Avison Construction Inc. (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-1 WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBERS RODRIGUEZ AND EVANS. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM VILLEGAS
City of Madera City Council Minutes
205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 10 of 11

MAYOR GARCIA
ABSENT: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
RES 21-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE CONTRACT AWARD FOR 2020-21 CITY ST. 3R & ADA PROJECT, STATE PROJECT NO. SBI-LLPL 5157 (120), CITY PROJECT NO. R-71 IN THE AMOUNT OF $543,891.00 TO AVISON CONSTRUCTION, INC. AND AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO

THE CONTRACT
D-3 Memorandum of Understanding with the General Bargaining Unit (GBU), represented by the Madera Affiliated City Employees’ Association
Recommendation: Adopt a Minute Order
1) Approving the MOU between the City of Madera and GBU effective July 21, 2021 through June 30, 2025;
2) Authorizing the City Manager to sign the MOU; and
3) Authorizing the Director of Financial Services to designate and classify reserves from the general fund unassigned fund balance into the assigned classification for the portion of the health insurance increase and the one-time annual employee payouts related to the four-year MOU (Report by Wendy Silva)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-2 WAS APPROVED BY A 4/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBERS RODRIGUEZ AND EVANS. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ABSENT: 2 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
E. ADMINISTRATIVE REPORTS:

E-1 Retail Sales Tax Update
Recommendation: Informational Only (Report by Roger Sanchez) City of Madera City Council Minutes
205 W. 4th Street July 21, 2021
Madera, CA 93637 Page 11 of 11
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Gallegos thanked Councilmember Montes for joining her in in-person participation at Council meetings and encouraged other Councilmembers to do the same. She also thanked Communication Specialist Joseph Carrello and Information Systems Manager Mark Souders for prototype of in-person meetings.

Councilmember Montes thanked staff for making their request possible.

Mayor Garcia stated he was honored to present the Police Department staff with retirement and promotion recognition certificates at the July 17, 2021 event.

Mayor Pro Tem Villegas had nothing to report.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Anticipated Litigation Consideration of the Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4)
One Case: City of Madera v. California Public Employees’ Retirement System City Attorney Hilda Cantu Montoy made the Closed Session Announcement at 7:40 p.m.

Council returned from closed session at 8:08 p.m. with four (4) Councilmembers present as Councilmembers Rodriguez and Evans are absent, and District 5 is currently vacant.

City Attorney Hilda Cantu Montoy stated Council had decided not to pursue litigation at this time.

ADJOURNMENT: The meeting was adjourned at 8:08 p.m. Next regular meeting on August 4, 2021.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________ Agenda Number: B-2
Department Director
_________________________________
City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for February 5, 2022 to February 18, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of February 5, 2022 to February 18, 2022 is contained in the attachment and summarized in the following tables.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 31969– 32083 $2,067,184.77
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $584,328.53
SDI EDD $2,628.47
CalPERS Payment CalPERS $122,513.36
DISCUSSION:

Warrant requests are processed weekly based on the adopted Fiscal Year 2021/2022 budget and released for payment every Monday. Each demand has been audited and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the approved 2021/2022 budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

These expenditures were spent considering Strategy 115: Economic Resource Provision: Ensure sufficient economic resources to provide adequate City services and prepare for future growth.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 31969 02/07/2022 PD OPS MEAS K - PD KER'S GAS & LUBE, INC. DEC 2021 PD CAR WASHES 234.50 $ 31969 02/07/2022 PD OPS PD OPS KER'S GAS & LUBE, INC. NOV 2021 PD CAR WASHES 239.00 $ 31970 02/07/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES - FINANCIAL SERVICES MANAGER 2,106.19 $ 31971 02/07/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 90.54 $ 31972 02/07/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS 1,161.65 $ 31973 02/07/2022 PD OPS PD OPS HARRY D. WILSON INC. HONDA 2011 - BASIC SERVICE 117.85 $ 31973 02/07/2022 PD OPS PD OPS HARRY D. WILSON INC. HONDA 6605 - BASIC SERVICE 521.02 $ 31973 02/07/2022 PD OPS PD OPS HARRY D. WILSON INC. HONDA 6602 - OIL CHANGE 101.58 $ 31973 02/07/2022 PD OPS PD OPS HARRY D. WILSON INC. HONDA 6602 - TIRE MOUNT REAR 548.83 $ 31974 02/07/2022 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 800.00 $ 31975 02/07/2022 PD OPS PD OPS DIEBERTS CREATIVE COPY INC BUSINESS CARDS 75.78 $ 31976 02/07/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 1,900.00 $ 31977 02/07/2022 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES DEC 2021 4,000.00 $ 31977 02/07/2022 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES 02/22 4,000.00 $ 31978 02/07/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 265.65 $ 31979 02/07/2022 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC STOP FEE - NO WASTE 117.00 $ 31980 02/07/2022 FINANCE PAYROLL TRUST MADERA CO SHERIFF-CIVIL DIVISION SHERIFF GARNISHMENT ORDER 823.60 $ 31982 02/07/2022 PD OPS STREETS JEILA ENTERPRISES, LLC RIVER CLEAN UP HAULER 1,794.00 $ 31983 02/07/2022 FACILITIES FLEET MAINT CENTRAL COATING COMPANY, INC. FLEET ROOF REPAIR 2,205.00 $ 31984 02/07/2022 GRANTS FLEET MAINT OLIVE CHARITABLE ORGANIZATION CDBG 21/22 INV 227 3,575.08 $ 31984 02/07/2022 GRANTS FLEET MAINT OLIVE CHARITABLE ORGANIZATION CDBG 21-22 INV 229 3,429.39 $ 31984 02/07/2022 GRANTS FLEET MAINT OLIVE CHARITABLE ORGANIZATION CDBG 21-22 INV 230 3,429.39 $ 31985 02/07/2022 PD OPS CODE ENF RODRIGUEZ REUBEN REIMBURSEMENT - PC 832 LAWS OF ARREST 62.18 $ 31986 02/07/2022 WWTP WWTP DELLAVALLE LABORATORY,INC. PERMIT COMPLIANCE LAB 1,000.00 $ 31987 02/07/2022 FINANCE AIRPORT OPS AT&T 01/22 CALNET 3 SERVICE 9391026409 22.77 $ 31987 02/07/2022 FINANCE CENTRAL ADMIN AT&T 01/22 CALNET 3 SERVICE 9391026406 20.67 $ 31987 02/07/2022 FINANCE FINANCE AT&T 01/22 CALNET 3 SERVICE 9391026406 20.67 $ 31987 02/07/2022 FINANCE HR/RISK MGT AT&T 01/22 CALNET 3 SERVICE 9391026400 22.34 $ 31987 02/07/2022 FINANCE PARKS AT&T 01/22 CALNET 3 SERVICE 9391026412 164.50 $ 31987 02/07/2022 FINANCE PARKS ADMIN AT&T 01/22 CALNET 3 SERVICE 9391031580 240.63 $ 31987 02/07/2022 FINANCE SEWER OPS AT&T 01/22 CALNET 3 SERVICE 9391026410 42.99 $ 31987 02/07/2022 FINANCE SRCITIZEN COMM AT&T 01/22 CALNET 3 SERVICE 9391026415 61.70 $ 31987 02/07/2022 FINANCE WWTP AT&T 01/22 CALNET 3 SERVICE 9391026405 21.29 $ 31987 02/07/2022 FINANCE WWTP AT&T 01/22 CALNET 3 SERVICE 9391026417 32.22 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - UNION BANK GENERAL ACCOUNT March 2, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 31987 02/07/2022 FINANCE PDOPS AT&T 12/21 CALNET 3 SERVICE 9391026414 323.64 $ 31987 02/07/2022 PD OPS PD OPS AT&T 12/21 CALNET 3 SERVICE 9391064552 301.86 $ 31987 02/07/2022 PD OPS PD OPS AT&T 12/21 CALNET 3 SERVICE 9391031578 174.18 $ 31987 02/07/2022 PD OPS PD OPS AT&T 12/21 CALNET 3 SERVICE 9391031566 166.16 $ 31987 02/07/2022 PD OPS PD OPS AT&T 01/22 CALNET 3 SERVICE 9391064552 301.86 $ 31988 02/07/2022 FINANCE PDOPS ARAMARK UNIFORM SERVICES MATS - PD 625.02 $ 31989 02/07/2022 FINANCE CFD DEBT FUND BANK OF NEW YORK MELLON CFD 2006-1 SPECIAL TAX BONDS SERIES 2018 1,600.00 $ 31990 02/07/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 12/21 BLOOD ALCOHOL ANALYSIS 1,155.00 $ 31990 02/07/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 12/21 MISCELLANEOUS SERVICES 319.00 $ 31991 02/07/2022 FINANCE GENERAL FUND DIVISION OF THE STATE ARCHITECT SB DSA 796 QTR 1 FY 21/22 867.20 $ 31991 02/07/2022 FINANCE GENERAL FUND DIVISION OF THE STATE ARCHITECT SB DSA 796 QTR 2 FY 21/22 103.60 $ 31992 02/07/2022 PD OPS PD OPS CALIFORNIA FORENSIC INSTITUTE PRE-EMPLOYMENT EXAM 1,800.00 $ 31993 02/07/2022 FINANCE BUILDING DEPARTMENT OF CONSERVATION 2ND QTR 21/22 SMIP FEE REPORTING (123.74) $ 31993 02/07/2022 FINANCE GENERAL FUND DEPARTMENT OF CONSERVATION 2ND QTR 21/22 SMIP FEE REPORTING 2,474.73 $ 31994 02/07/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 859.22 $ 31995 02/07/2022 PD OPS PD OPS COMCAST 01/22 SVS 8155500320092096 160.91 $ 31996 02/07/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 130.00 $ 31997 02/07/2022 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 01/22 333.50 $ 31998 02/07/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS ALARM MONITORING - PAC 03/22 36.00 $ 31999 02/07/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 01/16/22-01/31/22 12,900.00 $ 32000 02/07/2022 PD OPS PD OPS J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT 5,025.60 $ 32001 02/07/2022 CITY ADMIN CENTRAL ADMIN LEAGUE OF CALIFORNIA CITIES 2022 MEMBERSHIP FEES 10,429.50 $ 32001 02/07/2022 CITY ADMIN GENERAL FUND LEAGUE OF CALIFORNIA CITIES 2022 MEMBERSHIP FEES 10,429.50 $ 32002 02/07/2022 FINANCE DOWNTOWN BID MADERA DOWNTOWN ASSOC. FY 21/22 QTR # 1 ASSESSMENTS 774.81 $ 32002 02/07/2022 FINANCE DOWNTOWN BID MADERA DOWNTOWN ASSOC. FY 21/22 QTR # 2 ASSESSMENTS 5,446.28 $ 32002 02/07/2022 FINANCE DOWNTOWN BID MADERA DOWNTOWN ASSOC. FY 21/22 QTR # 4 ASSESSMENTS 3,165.20 $ 32003 02/07/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 3,258.22 $ 32004 02/07/2022 FINANCE PAYROLL TRUST N.P.C.-ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 8,582.60 $ 32005 02/07/2022 FINANCE PAYROLL TRUST N.P.C.-ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 1,949.24 $ 32006 02/07/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 8126770647-1 230.69 $ 32006 02/07/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 389620697-3 51.97 $ 32006 02/07/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 1,332.72 $ 32006 02/07/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 1,160.56 $ 32006 02/07/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 01/22 SERVICE 8307681856-2 1,505.71 $ 32006 02/07/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 1,874.55 $ 32006 02/07/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 2,474.06 $ 32006 02/07/2022 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 01/22 SERVICE 2000655655-7 1,387.95 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32006 02/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 3352588453-3 120.58 $ 32006 02/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 3499945233-6 92.76 $ 32006 02/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 3642526071-2 60.02 $ 32006 02/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 7949615676-5 18.75 $ 32006 02/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 8178280304-3 91.01 $ 32006 02/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 24,712.43 $ 32006 02/07/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 1,124.92 $ 32006 02/07/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 1,109.88 $ 32006 02/07/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 219.38 $ 32006 02/07/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 1,404.19 $ 32006 02/07/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 2,179.71 $ 32006 02/07/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 197.09 $ 32006 02/07/2022 FINANCE SRCITIZEN COMM PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 40.51 $ 32006 02/07/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 9651992016-7 155.34 $ 32006 02/07/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 9172110863-6 17,196.47 $ 32006 02/07/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 56,765.67 $ 32006 02/07/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 99.89 $ 32006 02/07/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 10.26 $ 32006 02/07/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 28.92 $ 32006 02/07/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 9.53 $ 32006 02/07/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 10.37 $ 32006 02/07/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 50.68 $ 32006 02/07/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 38.88 $ 32006 02/07/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 28.92 $ 32006 02/07/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 10.43 $ 32006 02/07/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 59.61 $ 32006 02/07/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 10.48 $ 32006 02/07/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 61.23 $ 32006 02/07/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 21.47 $ 32006 02/07/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 01/22 SERVICE 3533032414-2 102.88 $ 32007 02/07/2022 PD OPS CODE ENF PECK'S PRINTERY ENVELOPESENVELOPES 125.57 $ 32007 02/07/2022 PD OPS PD OPS PECK'S PRINTERY EPO-002 GUN VIOLENCE FORM 47.63 $ 32008 02/07/2022 PD OPS PD OPS PROFORCE STINGER FLASH LIGHT - 4 492.36 $ 32009 02/07/2022 PD OPS GENERAL FUND CENTER FOR EDUCATION & EMPLOYMENT LAW SUBSCRIPTION RENEWAL - 2022 59.50 $ 32009 02/07/2022 PD OPS PD OPS CENTER FOR EDUCATION & EMPLOYMENT LAW SUBSCRIPTION RENEWAL - 2022 59.50 $ 32010 02/07/2022 STREETS STREETS SEAL RITE PAVING ASPHALT PATCHING 81,950.00 $ 32011 02/07/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS 694.59 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32012 02/07/2022 WWTP WWTP TESEI PETROLEUM INC. PROPANE - WWTP 3,376.83 $ 32013 02/07/2022 PARKS COMM & REC TK ELEVATOR CORPORATION YC ELEVATOR MAINTENANCE 294.84 $ 32014 02/07/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS-457 EE DEFERRED COMP CONTRIBUTIONS 25,917.92 $ 32015 02/07/2022 PARKS AQUATICS PROGRM WECO WELDING, PAINT, SUPPLIES & EQUIP CO2 FOR POOL 111.60 $ 32016 02/07/2022 PD OPS PD OPS ZEE MEDICAL SERVICE CO. MEDICAL SUPPLIES 56.34 $ 32017 02/07/2022 PLANNING PLANNING BLDING/PLAN REFNDS REIMBURSE FEES, PER DEPT 700.00 $ 32018 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 945 PARKWOOD 209.00 $ 32019 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 231 MADRID 139.90 $ 32020 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 813 ASHLAN 63.55 $ 32021 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 3745 ISLA VISTA 138.74 $ 32022 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 117 DE SANTI 210.55 $ 32023 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 200 N O 161.67 $ 32024 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 317 STINSON 108.22 $ 32025 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 429 WILLIS 14.27 $ 32026 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 3209 REN 140.98 $ 32027 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 516 MAINBERRY 131.76 $ 32028 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 936 GEORGIA 403.45 $ 32029 02/07/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 2632 KIMBERLY 68.29 $ 32030 02/14/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES - FINANCIAL SERVICES MANAGER 1,897.06 $ 32030 02/14/2022 PLANNING PLANNING ACRO SERVICE CORPORATION TEMP SERVICES - PLANNING 11,148.00 $ 32031 02/14/2022 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 200.00 $ 32032 02/14/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 700.00 $ 32033 02/14/2022 PD OPS PD OPS MAHONEY, ROBERT PER DIEM - BASIC SWAT ACADEMY CLASS WEEK 1 425.50 $ 32033 02/14/2022 PD OPS PD OPS MAHONEY, ROBERT PER DIEM - BASIC SWAT ACADEMY CLASS WEEK 2 425.50 $ 32034 02/14/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 245.00 $ 32035 02/14/2022 HR HR/RISK MGT JENAVIE A. MARTIN PER DIEM - PARMA ANNUAL CONFERENCE 148.00 $ 32036 02/14/2022 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 615.00 $ 32037 02/14/2022 FINANCE DRAINAGE NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 521.25 $ 32037 02/14/2022 FINANCE SOLID WASTE NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 479.55 $ 32037 02/14/2022 FINANCE UB - SEWER NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 458.70 $ 32037 02/14/2022 FINANCE UB - WATER NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 625.50 $ 32038 02/14/2022 PD OPS PD OPS CENTRALSQUARE TECHNOLOGIES, LLC ANNUAL CRYWOLF LICENSE & MAINTENANCE 7,854.48 $ 32039 02/14/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 86.02 $ 32039 02/14/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 273.10 $ 32039 02/14/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 255.54 $ 32039 02/14/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 203.15 $ 32039 02/14/2022 FINANCE COMPUTER MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 49.69 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32039 02/14/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 331.03 $ 32039 02/14/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 160.54 $ 32039 02/14/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 334.36 $ 32039 02/14/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 142.18 $ 32039 02/14/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 181.28 $ 32039 02/14/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 725.55 $ 32039 02/14/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 2,015.78 $ 32039 02/14/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 2,296.74 $ 32039 02/14/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 466.03 $ 32039 02/14/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 1,423.23 $ 32039 02/14/2022 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 1,844.53 $ 32039 02/14/2022 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 1,678.25 $ 32039 02/14/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 1,765.21 $ 32039 02/14/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 345.98 $ 32039 02/14/2022 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 120.31 $ 32039 02/14/2022 FINANCE PDOPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 01/16/21-01/31/21 6,031.58 $ 32039 02/14/2022 FIRE MEAS K - FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - BULK DIESEL 2,602.31 $ 32040 02/14/2022 HR HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SVC - HEALTH & WELFARE BENEFITS 3,750.00 $ 32041 02/14/2022 PD OPS PD OPS LAW DOG K9 K9 VENDOR TRAINING 600.00 $ 32042 02/14/2022 PW ADMIN AIRPORT OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 59.83 $ 32042 02/14/2022 PW ADMIN DRAINAGE LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 179.50 $ 32042 02/14/2022 PW ADMIN FLEET MAINT LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 89.75 $ 32042 02/14/2022 PW ADMIN SEWER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 89.75 $ 32042 02/14/2022 PW ADMIN WATER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 179.50 $ 32042 02/14/2022 PW ADMIN WWTP LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 89.75 $ 32043 02/14/2022 PW ADMIN WATER OPS GONZALES, ADAM TUITION REIMBURSEMENT 2,400.00 $ 32044 02/14/2022 HR HR/RISK MGT GOMEZ, PATSY PER DIEM - PARMA ANNUAL CONFERENCE 2022 460.39 $ 32045 02/14/2022 ENGINEERING ENGINEERING ERIGIO, RAUL REIMBURSEMENT - FUEL 10.05 $ 32046 02/14/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 2,220.00 $ 32046 02/14/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 204.00 $ 32046 02/14/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 1,512.00 $ 32047 02/14/2022 FINANCE BUILDING AT&T 01/22 CALNET 3 SERVICE 9391031577 24.76 $ 32047 02/14/2022 FINANCE BUILDING AT&T 01/22 CALNET 3 SERVICE 9391026390 61.31 $ 32047 02/14/2022 FINANCE BUILDING AT&T 01/22 CALNET 3 SERVICE 9391031559 19.94 $ 32047 02/14/2022 FINANCE CITY ATTORNEY AT&T 01/22 CALNET 3 SERVICE 9391026388 68.22 $ 32047 02/14/2022 FINANCE CITY ATTORNEY AT&T 01/22 CALNET 3 SERVICE 9391031577 7.06 $ 32047 02/14/2022 FINANCE CITY ATTORNEY AT&T 01/22 CALNET 3 SERVICE 9391026390 17.48 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32047 02/14/2022 FINANCE CITY ATTORNEY AT&T 01/22 CALNET 3 SERVICE 9391031559 7.48 $ 32047 02/14/2022 FINANCE CITY CLERK AT&T 01/22 CALNET 3 SERVICE 9391031577 7.06 $ 32047 02/14/2022 FINANCE CITY CLERK AT&T 01/22 CALNET 3 SERVICE 9391026390 17.48 $ 32047 02/14/2022 FINANCE CITY CLERK AT&T 01/22 CALNET 3 SERVICE 9391031559 4.98 $ 32047 02/14/2022 FINANCE CODE ENF AT&T 01/22 CALNET 3 SERVICE 9391026413 43.88 $ 32047 02/14/2022 FINANCE COMM & REC AT&T 01/22 CALNET 3 SERVICE 9391026391 254.37 $ 32047 02/14/2022 FINANCE COMPUTER MAINT AT&T 01/22 CALNET 3 SERVICE 9391031577 14.15 $ 32047 02/14/2022 FINANCE COMPUTER MAINT AT&T 01/22 CALNET 3 SERVICE 9391026390 35.03 $ 32047 02/14/2022 FINANCE COMPUTER MAINT AT&T 01/22 CALNET 3 SERVICE 9391031559 2.49 $ 32047 02/14/2022 FINANCE ENGINEERING AT&T 01/22 CALNET 3 SERVICE 9391031577 49.52 $ 32047 02/14/2022 FINANCE ENGINEERING AT&T 01/22 CALNET 3 SERVICE 9391026390 122.62 $ 32047 02/14/2022 FINANCE ENGINEERING AT&T 01/22 CALNET 3 SERVICE 9391031559 37.39 $ 32047 02/14/2022 FINANCE FACILITIES MAINT AT&T 01/22 CALNET 3 SERVICE 9391031564 14.66 $ 32047 02/14/2022 FINANCE FACILITIES MAINT AT&T 01/22 CALNET 3 SERVICE 9391026394 23.32 $ 32047 02/14/2022 FINANCE FINANCE AT&T 01/22 CALNET 3 SERVICE 9391031577 38.91 $ 32047 02/14/2022 FINANCE FINANCE AT&T 01/22 CALNET 3 SERVICE 9391026390 96.33 $ 32047 02/14/2022 FINANCE FINANCE AT&T 01/22 CALNET 3 SERVICE 9391031559 24.92 $ 32047 02/14/2022 FINANCE FLEET MAINT AT&T 01/22 CALNET 3 SERVICE 9391031564 9.77 $ 32047 02/14/2022 FINANCE FLEET MAINT AT&T 01/22 CALNET 3 SERVICE 9391026394 15.57 $ 32047 02/14/2022 FINANCE GRANT OVERSIGHT AT&T 01/22 CALNET 3 SERVICE 9391031577 14.15 $ 32047 02/14/2022 FINANCE GRANT OVERSIGHT AT&T 01/22 CALNET 3 SERVICE 9391026390 35.03 $ 32047 02/14/2022 FINANCE GRANT OVERSIGHT AT&T 01/22 CALNET 3 SERVICE 9391031559 12.46 $ 32047 02/14/2022 FINANCE HR/RISK MGT AT&T 01/22 CALNET 3 SERVICE 9391031577 10.59 $ 32047 02/14/2022 FINANCE HR/RISK MGT AT&T 01/22 CALNET 3 SERVICE 9391026390 26.23 $ 32047 02/14/2022 FINANCE HR/RISK MGT AT&T 01/22 CALNET 3 SERVICE 9391031559 7.48 $ 32047 02/14/2022 FINANCE PLANNING AT&T 01/22 CALNET 3 SERVICE 9391031577 17.68 $ 32047 02/14/2022 FINANCE PLANNING AT&T 01/22 CALNET 3 SERVICE 9391026390 43.77 $ 32047 02/14/2022 FINANCE PLANNING AT&T 01/22 CALNET 3 SERVICE 9391031559 12.46 $ 32047 02/14/2022 FINANCE STREETS AT&T 01/22 CALNET 3 SERVICE 9391031564 24.44 $ 32047 02/14/2022 FINANCE STREETS AT&T 01/22 CALNET 3 SERVICE 9391026394 38.90 $ 32047 02/14/2022 FINANCE SEWER OPS AT&T 01/22 CALNET 3 SERVICE 9391031564 17.10 $ 32047 02/14/2022 FINANCE SEWER OPS AT&T 01/22 CALNET 3 SERVICE 9391026394 27.21 $ 32047 02/14/2022 FINANCE SOLID WASTE AT&T 01/22 CALNET 3 SERVICE 9391031564 19.55 $ 32047 02/14/2022 FINANCE SOLID WASTE AT&T 01/22 CALNET 3 SERVICE 9391026394 31.12 $ 32047 02/14/2022 FINANCE SRCITIZEN COMM AT&T 01/22 CALNET 3 SERVICE 9391026389 22.28 $ 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391031564 4.89 $ 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391026393 10.71 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391026392 5.63 $ 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391026394 7.77 $ 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391031577 11.49 $ 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391026390 28.45 $ 32047 02/14/2022 FINANCE UB - GARBAGE AT&T 01/22 CALNET 3 SERVICE 9391031559 6.65 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391031564 4.89 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391026393 10.72 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391026392 5.64 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391026394 7.77 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391031577 11.49 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391026390 28.45 $ 32047 02/14/2022 FINANCE UB - SEWER AT&T 01/22 CALNET 3 SERVICE 9391031559 6.65 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391031564 9.79 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391026393 21.44 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391026392 11.27 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391026394 15.57 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391031577 23.03 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391026390 57.03 $ 32047 02/14/2022 FINANCE UB - WATER AT&T 01/22 CALNET 3 SERVICE 9391031559 13.29 $ 32047 02/14/2022 FINANCE WATER OPS AT&T 01/22 CALNET 3 SERVICE 9391031564 21.98 $ 32047 02/14/2022 FINANCE WATER OPS AT&T 01/22 CALNET 3 SERVICE 9391026394 34.98 $ 32047 02/14/2022 FINANCE WATER QUALITY AT&T 01/22 CALNET 3 SERVICE 9391031564 9.77 $ 32047 02/14/2022 FINANCE WATER QUALITY AT&T 01/22 CALNET 3 SERVICE 9391026394 15.57 $ 32047 02/14/2022 FINANCE WWTP AT&T 01/22 CALNET 3 SERVICE 9391031564 14.66 $ 32047 02/14/2022 FINANCE WWTP AT&T 01/22 CALNET 3 SERVICE 9391026394 23.32 $ 32047 02/14/2022 FINANCE CITY MANAGER AT&T 01/22 CALNET 3 SERVICE 9391031577 7.06 $ 32047 02/14/2022 FINANCE CITY MANAGER AT&T 01/22 CALNET 3 SERVICE 9391026390 17.48 $ 32047 02/14/2022 FINANCE CITY MANAGER AT&T 01/22 CALNET 3 SERVICE 9391031559 9.97 $ 32047 02/14/2022 FINANCE PURCHASING AT&T 01/22 CALNET 3 SERVICE 9391031564 14.66 $ 32047 02/14/2022 FINANCE PURCHASING AT&T 01/22 CALNET 3 SERVICE 9391026394 23.32 $ 32047 02/14/2022 FINANCE PDOPS AT&T 01/22 CALNET 3 SERVICE 9391031561 166.16 $ 32047 02/14/2022 FINANCE PDOPS AT&T 01/22 CALNET 3 SERVICE 9391026411 166.05 $ 32047 02/14/2022 FINANCE PDOPS AT&T 01/22 CALNET 3 SERVICE 9391031579 235.28 $ 32048 02/14/2022 FINANCE AQUATICS PROGRM AT&T 01/22 CALNET 3 SERVICE 9391026397 20.62 $ 32048 02/14/2022 FINANCE BUILDING AT&T 01/22 CALNET 3 SERVICE 9391026407 22.24 $ 32048 02/14/2022 FINANCE FIRE AT&T 01/22 CALNET 3 SERVICE 9391026402 22.24 $ 32048 02/14/2022 FINANCE SRCITIZEN COMM AT&T 01/22 CALNET 3 SERVICE 9391026395 22.28 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32049 02/14/2022 FINANCE AIRPORT OPS ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 21.05 $ 32049 02/14/2022 FINANCE CENTRAL ADMIN ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 118.20 $ 32049 02/14/2022 FINANCE ENGINEERING ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 33.12 $ 32049 02/14/2022 FINANCE FACILITIES MAINT ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 523.05 $ 32049 02/14/2022 FINANCE FLEET MAINT ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 186.15 $ 32049 02/14/2022 FINANCE PARKS ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 430.20 $ 32049 02/14/2022 FINANCE STREETS ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 1,375.76 $ 32049 02/14/2022 FINANCE SEWER OPS ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 276.93 $ 32049 02/14/2022 FINANCE UB - WATER ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 7.90 $ 32049 02/14/2022 FINANCE WATER OPS ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 243.12 $ 32049 02/14/2022 FINANCE WATER QUALITY ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 107.30 $ 32049 02/14/2022 FINANCE WWTP ARAMARK UNIFORM SERVICES 01/22 UNIFORM SERVICES 692.58 $ 32050 02/14/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY CONSTRUCTION PAINT SUPPLIES 119.25 $ 32051 02/14/2022 PW ADMIN STREETS CONCENTRA MEDICAL CENTERS DOT PHYSICAL RECERTIFICATION 138.00 $ 32051 02/14/2022 PW ADMIN SEWER OPS CONCENTRA MEDICAL CENTERS DOT PHYSICAL RECERTIFICATION 69.00 $ 32051 02/14/2022 PW ADMIN WWTP CONCENTRA MEDICAL CENTERS DOT PHYSICAL RECERTIFICATION 69.00 $ 32052 02/14/2022 UB - WATER UB - GARBAGE CORELOGIC INFORMATION SOLUTIONS INC METRO SCAN SERVICES 01/22 37.50 $ 32052 02/14/2022 UB - WATER UB - SEWER CORELOGIC INFORMATION SOLUTIONS INC METRO SCAN SERVICES 01/22 37.50 $ 32052 02/14/2022 UB - WATER UB - WATER CORELOGIC INFORMATION SOLUTIONS INC METRO SCAN SERVICES 01/22 75.00 $ 32053 02/14/2022 FIRE FIRE DEPARTMENT OF FORESTRY AND FIRE 1ST QTR ACTUAL BILLING FOR CITY CONTRACT 1,154,635.11 $ 32054 02/14/2022 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS ALARM MONITORING - FS CONDOR 03/22 35.00 $ 32054 02/14/2022 HR PARKING DIST OPS DIAMOND COMMUNICATIONS ALARM MONITORING - TRANSIT 03/22 80.00 $ 32054 02/14/2022 PW ADMIN COMPUTER MAINT DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 25.00 $ 32054 02/14/2022 PW ADMIN FACILITIES MAINT DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 47.50 $ 32054 02/14/2022 PW ADMIN FLEET MAINT DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 47.50 $ 32054 02/14/2022 PW ADMIN STREETS DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 50.00 $ 32054 02/14/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 56.67 $ 32054 02/14/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS TELEPHONE ANSWERING - 02/22 115.00 $ 32054 02/14/2022 PW ADMIN SOLID WASTE DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 56.66 $ 32054 02/14/2022 PW ADMIN TRANS - FIXED DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 20.00 $ 32054 02/14/2022 PW ADMIN TRANS - DAR DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 20.00 $ 32054 02/14/2022 PW ADMIN WATER OPS DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 56.67 $ 32054 02/14/2022 PW ADMIN PURCHASING DIAMOND COMMUNICATIONS ALARM MONITORING - PW 03-05/22 25.00 $ 32055 02/14/2022 PD OPS PD OPS EVERBRIDGE,INC. NIXLE ENGAGE - EVERBRIDGE 3,978.67 $ 32056 02/14/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE - 9898734 100.00 $ 32057 02/14/2022 FINANCE PDOPS MADERA COUNTY TREASURER 11/21 COUNTY'S PORTION OF PARKING PENALTIES 264.00 $ 32057 02/14/2022 FINANCE PDOPS MADERA COUNTY TREASURER 12/21 COUNTY'S PORTION OF PARKING PENALTIES 911.50 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32058 02/14/2022 CITY ADMIN CITY MANAGER MADERA TRIBUNE PUBLICATION OF ORDINANCE SB 1383 461.50 $ 32058 02/14/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLIC NOTICE - REDISTRICTING 227.50 $ 32058 02/14/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE 1,222.00 $ 32059 02/14/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 02/22 383,866.44 $ 32060 02/14/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 1619119913-8 109.79 $ 32060 02/14/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 6690755760-8 78.93 $ 32060 02/14/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 4318089701-9 19.54 $ 32060 02/14/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 01/22 SERVICE 5237156686-1 3.92 $ 32060 02/14/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 01/22 SERVICE 2173157566-4 1,583.33 $ 32061 02/14/2022 ENGINEERING MEAS T - RTP AVISON CONSTRUCTION INC 20/21 3R & ADA STATE PROJECT LLPSB1 5157(120) 16,310.10 $ 32061 02/14/2022 ENGINEERING SB1-LPP AVISON CONSTRUCTION INC 20/21 3R & ADA STATE PROJECT LLPSB1 5157(120) 16,310.09 $ 32062 02/14/2022 FINANCE FINANCE PHOENIX GROUP INFO SYS NOV 2021 CITATIONS 336.71 $ 32062 02/14/2022 FINANCE FINANCE PHOENIX GROUP INFO SYS DEC 2021 CITATIONS 512.14 $ 32063 02/14/2022 FINANCE SEWER OPS PITNEY BOWES, INC. POSTAGE REFILL 512.44 $ 32064 02/14/2022 PLANNING PLANNING PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 6,206.60 $ 32064 02/14/2022 PW ADMIN WATER OPS PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 6,226.62 $ 32065 02/14/2022 ENGINEERING WATER CAPITAL QUAD-KNOPF ENGINEERING PROFESSIONAL ENGINEERING SERVICES 54,300.38 $ 32066 02/14/2022 FINANCE SAADMIN SHRED-IT USA-FRESNO SHREDDING SERVICES - RDA 145.01 $ 32067 02/14/2022 WWTP WWTP SPARKLETTS LAB & DRINKING WATER 615.42 $ 32068 02/14/2022 PW ADMIN SEWER OPS STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE - FAC ID: 4DW0302 3,146.00 $ 32069 02/14/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL - MILLVIEW 800.00 $ 32069 02/14/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT GOPHER CONTROL - LTC 300.00 $ 32070 02/14/2022 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 01/22 202.40 $ 32071 02/14/2022 PARKS PARKS WEST COAST ARBORISTS, INC. TREE TRIMMING 3,400.00 $ 32072 02/14/2022 FINANCE PARKING DIST OPS OVERPAYMENTS OVERPAYMENT ON PK 40932 999.00 $ 32074 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 604 N GRANADA 218.61 $ 32075 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 2521 DRIFTWOOD 21.39 $ 32076 02/14/2022 FINANCE WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 187.06 $ 32078 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 1343 LOMA LINDA 100.37 $ 32079 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 2446 N SCHNOOR 1,337.29 $ 32080 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 915 SONORA 101.76 $ 32081 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 917 CUTTING 103.17 $ 32082 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 113 S A 36.64 $ 32083 02/14/2022 UB - WATER WATER FUND OTP- UB REFUNDS UB TERMINATION REFUND 1631 UNIVERSITY 103.24 $ BANK #1 - UNION BANK GENERAL ACCOUNT TOTAL $ 2,067,184.77

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________ Agenda Number:

Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second reading and adoption of Ordinance for a Rezone related to the development of the Sunset Apartment Project
RECOMMENDATION:

Waive the second reading of and adopts the Ordinance, rezoning the approximately 0.2 northern acres of Assessor’s Parcel Number 006-182-007 to the R3 (One unit per 1,800 square feet of site area) zone district
SUMMARY:

Adoption or amendment of a zoning regulation must be done via ordinance and requires two actions by the City Council: introduction and adoption.

Following a public hearing at its February 16, 2022 regular meeting, the City Council introduced and waived the first reading of the Ordinance, which would amend the City’s Official Zoning Map to rezone the approximately 0.2 northern acres of Assessor’s Parcel No. 006-182-007 to the R3 (One unit per 1,800 square feet of site area) zone district. This procedure is being undertaken at the request of Gary Rogers, on behalf of Aftab Naz, who intends to develop the parcel into a 15- unit apartment complex.

At the same meeting, Council adopted a resolution amending the General Plan Land Use Map for Property (Approximately 0.875 Acres), amending the Commercial General Plan Land Use Designation to High Density Residential and a Negative Declaration.

B-3
It is noted that the Planning Commission at its November 9, 2021 meeting recommended approval of the Negative Declaration, General Plan Amendment, and Rezone for the subject development applications. The Planning Commission also approved SPR 2020-01.

ATTACHMENTS:

1. Ordinance
Attachment 1: Ordinance No. XXXX
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE THE APPROXIMATELY 0.2

NORTHERN ACRES OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF SUNSET AND ORCHARD AVENUES (APN: 006-182-007) FROM THE R1 TO THE R3 ZONE DISTRICT.

THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. The Planning Commission of the City of Madera and this City Council (Council) have held duly noticed public hearings for the rezoning of the approximately 0.2 northern acres of property located at the northeast corner of Sunset and Orchard Avenues (APN: 006-182-007) from the R1 to the R3 Zone District.

SECTION 2. Based on the testimony and information presented at its public hearing, the Council has determined that the proposed rezoning is consistent with the General Plan, as amended, and subsequent development will be in conformance with all standards and regulations of the Municipal Code. The Council has further determined that the adoption of the proposed rezoning is in the best interest of the City of Madera. Such determination is based on the following findings:

FINDINGS:

1. THE PROPOSED REZONE WILL PROVIDE THE REQUIRED CONSISTENCY BETWEEN THE GENERAL PLAN AND ZONING.

2. THE REZONE IS NOT EXPECTED TO BE DETRIMENTAL TO THE HEALTH, SAFETY, PEACE, COMFORT OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY.

3. CITY SERVICES AND UTILITIES ARE AVAILABLE OR CAN BE EXTENDED TO SERVE THE AREA.

SECTION 3. The Council hereby approves the rezoning of the above-described property by rezoning it from the R1 Zone District in the manner required by Chapter 3 of Title X of the Madera Municipal Code. The Council hereby amends the City of Madera Zoning Map. The amendment is illustrated in the hereto attached Exhibit “A” and “B” which indicates the segment of the City of Madera Zoning Map to be amended.

SECTION 4. Unless the adoption of this amendment to the Zoning Map is lawfully stayed, thirty-one (31) days after adoption of this amendment, the Planning Manager and City Clerk shall cause these revisions to be made to the City of Madera Zoning Map which shall also indicate the date of adoption of this revision and be signed by the Planning Manager and City Clerk.

SECTION 5. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
EXHIBIT A – Current Zoning
Fl

SUNSET AVE
I IJ I IJ~
Cl I I IJtj
111 I l I I I 17

NATIONAL AVE

I I I I I
CJ Project Site
Zone Districts
Rl (One unit per each 6,000 sqft)
- R3 (One unit per each 1,800 sqft)
- PF - Public Facility
- RCO - Resource Conservation & Open Space
•• ~ ■--■ so===soo ::i Feet

PROVOST&

PRITCHARD
EXHIBIT B – Proposed Zoning
,,
NATIONAl AV:E'
D Project Site
Zone Districts
Rl (One unit pet" ,each 6,000 sqft)
- Pf - P\Jblic FadF!ty
- RCO - Resource Conservation & Open Space
- R3 (One unit pet" ,each 1,800 sqft)
0 0---•250-=====~eet

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance Amending the City’s Municipal Code Relating to the Appointment Process for City Boards, Committees, and Commissions RECOMMENDATION:

Waive full reading and Adopt an Ordinance Amending §2-3.101 OF TITLE II, CHAPTER 3 of the Madera Municipal Code relating to the appointments process for City Boards, Committees, and Commissions
SUMMARY:

The City has a total of nine boards, committees, and/or commissions comprised of volunteer citizens who serve in various capacities to advise the City Council on pertinent matters and act relating to authority delegated to the board, committee, and/or commission. During the October 20, 2021 meeting, staff informed Council of an inconsistency between the City’s current appointment processes and California Government Code §40605 (Government Code).

The proposed ordinance is patterned after the ordinance adopted in December regarding appointments to the Civil Service Commission. The Government Code provides that when a general law City has an elected Mayor, appointments to boards, commissions, and committees, are to be made by the elected Mayor, subject to the approval of the full City Council. There are various City ordinances and resolutions regarding appointments. Rather than continuing to make amendments on a case by case basis, the proposed ordinance addresses all City committees, boards, and commissions other than those governed by state statute or joint powers agreement.

The proposed ordinance amends the Municipal Code to provide for a uniform process for the City to make appointments to committees, boards, and commissions.

During the February 16, 2021 meeting, Council introduced an ordinance amending the Madera Municipal Code as it relates to the appointment process of City Boards, Committees, and Commissions. Ordinances generally require two readings before adoption. This item represents the second reading and adoption of the ordinance if Council should elect to do so.

B-4
DISCUSSION:

The City of Madera has nine regular and ongoing boards, commissions, and committees, as listed below in alphabetical order.

1. Americans with Disabilities Act (ADA) Advisory Council

2. Airport Advisory Commission

3. Beautification Committee

4. Civil Service Commission

5. Community Development Block Grant Commission

6. Loan Review Committee

7. Planning Commission

8. Transit Advisory Board

9. Youth Commission
At the October 20, 2021, Council meeting, staff reviewed with Council the provisions of California Government Code §40605, which states:

In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

As previously advised by the City Attorney the process in Government Code Section 40605 is intended as system of checks and balances by placing the appointment authority in the hands of the elected mayor, while giving the city council the right to reject mayoral appointments. The ordinance includes exceptions for appointments made pursuant to state statute or in a joint powers agreement that addresses the appointments for particular entities. Such exceptions would prevail over the Government Code.

Based on the foregoing and to ensure that committees, boards, and commissions have their full complement, the proposed ordinance address the appointment of all committees, boards, and commissions and clarifies appointees terms consistent therewith.

In short, the proposed Ordinance would establish one process for appointment to be used for all boards, committees, and commissions, as well as set the term of office for such appointments.

FINANCIAL IMPACT:

Staff does not anticipate any financial impact.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The information contained herein is not addressed by the Vision Madera 2025 plan, nor is the information in conflict with that plan.

ALTERNATIVES:

Rather than adopting a single Ordinance to standardize the process for all boards, committees, and commissions, the City can modify each board, committee, and commission separately.

ATTACHMENTS:

1. Proposed Ordinance amending §2-3.101 of Title II, Chapter 3 of the Madera Municipal Code relating to appointments and terms of all City boards, committees, and commissions ORDINANCE NO. 22-_____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION § 2-3.101 OF TITLE II, CHAPTER 3 OF

THE MADERA MUNICIPAL CODE RELATING TO APPOINTMENTS AND

TERMS TO CITY BOARDS, COMMITTEES, AND COMMISSIONS
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 2-3.101 of the Madera Municipal Code is amended to read as follows:
§2-3.101
Unless otherwise specifically provided by statute or a joint powers agreement, the members of all city boards, committees, and commissions shall be appointed and serve as provided herein notwithstanding any other provision of this code, City resolution, or City minute order.
(A) Appointment.
(1) The Mayor is authorized to make appointments to City boards, committees, and commissions subject to approval by the City Council. (2) For new boards, committees, and commissions comprised of seven members, the Mayor will seek nominations for appointments from each Council Member and the Mayor may make a direct appointment for the at-large seat for consideration by the Council.
(3) For existing boards, committees, and commissions comprised of seven members and as vacancies occur, the Mayor will seek a nomination to fill the vacancy from the Council Member for the Council District who originally nominated the person. The Mayor may also make one direct appointment for the seventh seat for consideration by the City Council.
(4) For boards, committees, and commissions comprised of less or more than seven members and as vacancies occur, a numerical rotation system based on district numbers will be utilized and the Mayor will seek a nomination to fill such vacancy from a Council Member who has not yet made or waived their opportunity to nominate a person to serve on the particular board, committee, or commission.

In other words, if the last nomination was from the Council Member for District 3, the Mayor will seek a nomination from the Council Member for District 4. (5) The Mayor is not required to appoint persons nominated by Council Members.
(6) The Mayor will submit appointees to the City Council for consideration. (7) The City Council is authorized to approve or reject any appointment made by the Mayor.
(8) Council approval of any appointment shall be made by resolution adopted by four votes of the City Council. The appointment shall be for the remainder of an unexpired term or for a new term.
(9) Upon the City Council’s determination not to approve a Mayor’s appointee, the Mayor shall proceed to seek another nominee, make another appointment, and submit the appointee to the City Council for consideration and approval as set forth in this section.
(B) Term.

Each board, committee, or commission member appointed as set forth in Section (A) above shall serve a term of four years unless a different term is otherwise provided by law, or until the Council member who nominated such board, committee or commission member is no longer serving as a Council member, whichever period is less. Each appointed member shall serve until his or her successor is appointed and qualified.

SECTION 2. SEVERANCE. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 3. CEQA. The City Council finds this ordinance is not a project under the California Environmental Quality Act because it can be seen with certainty that it will not have a significant effect or physical change to the environment. See Title 14, California Code of Regulations, Section 15061 (b) (3).

SECTION 4. PUBLICATION. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

REPORT TO CITY COUNCIL
Council Meeting of: March 2, 2022
Agenda Number:

Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:
2020-21 City St. 3R & ADA Project, State Project No. LPP SB1 – 5157 (120), City Project No. R-71 RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of 2020-21 City St. 3R & ADA Project, State Project No. LPP SB1 – 5157 (120), City Project No. R-71 (Project)

2. The Recording of Notice of Completion

3. The release of retention 35 days after recording of the Notice of Completion SUMMARY:

The City Council (Council), at its July 21, 2021, meeting, awarded a contract to Avison Construction, Inc. for the Project in the amount of $543,891.00. The project included overlays and seals on Central Avenue, Almond Avenue, and Pine Street. The Contractor has completed the project in accordance with the plans and specifications and as modified by approved Change Orders.

BACKGROUND:

A final project inspection was conducted by the Engineering Department. Public Works Departmentstaff also participated in the final inspection of the project. All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” recorded. The Notice of Completion is provided in Attachment 1.

The work on Central Avenue between Gateway Drive and North D Street consisted of grinding asphalt concrete, removal of severely deteriorated sections of asphalt pavement, installation of ~ B-5
~ /2.eu: rr r
pavement reinforcing fabric, paving with new asphalt concrete overlay. Central Avenue between North D Street and North Lake Street consisted of an application of Type II Micro-surfacing, installation of ADA ramps, adjustment of existing manholes/utility covers to final grade and replacement of traffic striping/marking. Almond Avenue and Pine Street work consisted of an application of Micro-Surfacing Type III and installation of ADA ramps, drive approach and replacement of traffic striping/marking. A Location map of said improvements is provided in Attachment 2.

One contract Change Order was processed. The change order consisted of lump sum, time and material costs, and final balancing quantities based on the total worked performed versus the total quantity included in the bid item.

The final progress payment, less the retention amount of five percent, has been processed. See Table 1 for a summary of contract costs.

Table 1: Project Summary
Original Contract Amount Total Change Orders Total Construction Contract Cost $543,891.00 $20,567.04 $564,458.04
The total cost of the Change Orders increased the cost of the project approximately 3.8 percent, wherein a contingency of 15 percent was included. The construction project was completed within the adjusted contract time and available budget.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund given that funding for the project is in the Measure T and LPP funds accounts. These funds are included in the City’s CIP Budget FY 2021/22.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 101.6: Ensure infrastructure can sustain population growth in the development of the General Plan.

Strategy 121 - Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

As an alternative, the Council may elect to reject the Notice of Completion of the Project.

Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project.

ATTACHMENTS:

1. Notice of Completion

2. Location Map

3. Project Photos
ATTACHMENT 1
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
_________________________________________ Space above this line for Recorder’s Use ______________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Madera.

3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.

4. The nature of the title of the undersigned is: In fee ____________________________________________ (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)

5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:

Name Address
______________________________________ ___________________________________________

6. A work of improvement on the property hereinafter described was completed on

7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.)

8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):

Name Address
______________________________________ ___________________________________________

9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Keith Brent Helmuth, P.E.

City Engineer
________________________________________________

Page 2 of 2 ends

State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Keith Brent Helmuth, P.E.

City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2021 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 2
Location Map

CENTRAL AVE

ALMOND AVE

PINE STREET
LEGEND

AWARDED LOCATION

CENTRAL AVE
SITE 1

ALMOND AVE
SITE 2

PINE STREET
SITE 3
2020-21 CITY ST. 3R & ADA PROJECT, STATE PROJECT NO. SB1-LLPL 5157 (120) CITY PROJECT NO. R-71
N
ATTACHMENT 3
Pictures
Figure 1 –Segment of Central Avenue between Gateway Drive and E Street (BEFORE) Figure 2 – Segment of Central Avenue between Gateway Drive and E (AFTER) Figure 3 –Segment on Central Avenue between E Street and North D Street (BEFORE) Figure 4 – Segment on Central Avenue between E Street and North D (AFTER) Figure 5 –Segment on Pine Street between Gil Avenue and West Almond Avenue (BEFORE)
Figure 6 – Segment on Pine Street between Gil Avenue and West Almond (AFTER)

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2021/22 and Rescinding Resolution No. 22-05
RECOMMENDATION:

1. Rescinding Resolution No. 22-05 and approving the amended application for TDA, LTF for FY 2021/22 with FY 2020/21 carryover balances.

2. Authorizing the City Engineer to execute the amended application and submit it to the MCTC for approval and adoption.

SUMMARY:

Annually, the local agencies are required to submit applications for LTF and STA funds for approval by the MCTC. The applications outline the intended use of available funds. On June 2, 2021, the City Council (Council) approved LTF and STA applications for the projected available funds for FY 2021/22. On January 19, 2022, the City Council approved resolution 22-05 to amend the 2021/22 TDA Application.

Upon the adoption of the state budget, the City’s STA application must be amended to reflect any changes. This Fiscal Year an amended application must be filed to show an increase in STA funds and to reflect carryover balances of unexpended funds from FY 2020/21.

DISCUSSION:

At the June 2, 2021, meeting, Council approved the FY 2021/22 LTF & STA Applications for the FY 2021/22 funding allocated by MCTC. LTF funds must be used for transportation related services such as transit services, street construction, program planning, and administration. Projects in .::/tt-~ B-6
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the Capital Improvement Plan (CIP) for the City have been created and approved by Council for the use of these funds. STA funds must be used for transit related programs only. Therefore, the funds are programmed for operations of the Madera Metro Transit System.

On September 22, 2021, the MCTC approved Resolution 21-08 which increased the STA funds available for FY 2021/22. This increase potentially relieves an equivalent amount from LTF funds for use on other eligible expenses, such as street projects.

The amendment to the LTF application is prepared and submitted to MCTC annually after the prior year’s final expenses and claims have been processed, and the excess prior year funds and carryover balances have been confirmed by MCTC. The carryover amounts for this year are shown below in Table 1. The carryover amounts are included in the current CIP.

This item previously came before council at the January 19th meeting; however, we were later informed by the MCTC that, due to better-than-expected tax revenues, the LTF amount received by the city would be increasing. Rather than file two separate amended returns, staff has opted to combine them into a single application.

A summary of all changes is summarized in the table below.

FINANCIAL IMPACT:

For this cycle and near term, the next several cycles, there are no identified impacts to the General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Managed Growth: Strategy 101.6 – Ensure infrastructure can sustain population growth in the development of the General Plan.

Multi-modal Transportation: Strategy 121 – Develop a City-wide multi-modal transportation plan to ensure safe, affordable, and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

Council may provide staff direction on how to amend the TDA application or may refer the item back to staff for additional information.

Table 1: Changes to LTF & STA Applications for FY 2021/22 Application Item
Original
Application
Amount
Carryover New FY 21/22
Allocation
Amended
Application
Amount
LTF 1,902,849 4,440,478.25 550,330 $6,893,657.25
STA $464,103 $106,853 $570,956
Total Application $2,366,952 $7,464,613.25
ATTACHMENTS:

1. Resolution
Exhibit A – Applications

Attachment 1
Resolution
RESOLUTION NO. 22-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AMENDMENTS TO THE APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT (TDA) – LOCAL TRANSPORTATION

FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2021/22 AND AUTHORIZING THE CITY ENGINEER TO EXECUTE

AND SUBMIT THE APPLICATIONS TO MADERA COUNTY

TRANSPORTATION COMMISSION (MCTC)

WHEREAS, the TDA - LTF and STA funds are annually allocated by MCTC pursuant to the TDA; and
WHEREAS, the City of Madera prepares the applications outlining the intended uses for the LTF and STA funds each year and the applications may be amended as needed; and WHEREAS, The Madera County Transportation Commission has increased the City allocation of State Transportation Assistance Funds by $106,853; and WHEREAS, the Madera County Transportation Commission has increased the City’s allocation of LTF funds for FY 2021/22 by $550,330; and WHEREAS, the unexpended balance of LTF funds in FY 2020/2021 must be added to the FY 2021/22 amended application for proper accounting purposes; and WHEREAS, the LTF and STA fund amended applications for FY 2021/22 that describe the intended uses of these funds have been submitted to Council for review and approval.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The above recitals are true and correct.

2. Resolution No. 22-05 approved on January 19, 2022, is hereby rescinded

3. The City Council of the City of Madera approves the Amended Applications for FY 2021/22, copies of which are attached hereto as Exhibit A and incorporated by reference.

4. The applications are hereby approved.

5. The City Engineer is authorized to execute the amended applications and submit to MCTC.

6. This resolution is effective immediately upon adoption. * * * * * * * *
Exhibit A
Applications
Agency: Date: 2/22/2022
Fiscal Year: 2021/22
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 Madera Metro, Intermodal $783,856.00 $783,856.00 $0.00 2 Pedestrian & Bicycle Projects $38,057.00 $124,758.77 $75,694.77 3 MCTC Planning Services $57,085.00 $73,595.00 $0.00
4 Local Agency Planning (match to
STP Grant, Transit) $0.00 $11,947.00 $11,947.00
5 Street & Road Projects $1,023,851.00 $5,899,500.48 $4,352,836.48 6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
Total $1,902,849.00 $6,893,657.25 $4,440,478.25
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
City of Madera
These funds also include the additional apportioned funds via resolution 21-07, amendment 1 Amendment reallocates funds carried over from FY 2020-21. This is consisted with FY 21/22 Budget and Capital Improvement Program

LTF STA
Carryover of PY Funds Reassign funds Other
El □
El □ □
Agency: Date: 12/21/2022
Fiscal Year: 2021/22
Amending:

Type of
Amendment:

Project Approved Allocation New Proposed Allocation Difference 1 Madera Metro, Dial-A-Ride,
Intermodal $464,103.00 $570,956.00 $106,853.00
2 $0.00
3 $0.00
4 $0.00
5 $0.00
6 $0.00
7 $0.00
8 $0.00
9 $0.00
10 $0.00
Total $464,103.00 $570,956.00 $106,853.00
Notes

Agency Authorizing Signature Date
MCTC Authorizing Signature Date
MCTC Use:

Month Amendment No.

Madera County Transportation Commission
TDA Amendment Request
City of Madera
New Allocation is per MCTC Resolution 21-08

LTF STA
Carryover of PY Funds Reassign funds Other
□ 0
□ □

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
________________________________ Agenda Number: ___________ Department Director
________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2021 funding allocation RECOMMENDATION:

Adopt a resolution authorizing a budget amendment to the JAG FY 2021 Program budget as a result of accepting the grant in the amount of $27,829
SUMMARY:

The goal of this application is to use the city’s allocation of 2021 JAG funds to continue modernizing our fleet of law enforcement patrol vehicles with in-car camera systems. The Police Department views such equipment as vital given recent national events. These technological improvements will provide the police department with modern and reliable equipment despite local budget constraints.

DISCUSSION:

The U.S. Department of Justice makes JAG funds available to state and local governments on a formula basis. JAG funds support all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs. The City received notification that it has been awarded $27,829 as part of the JAG program’s FY 2021 solicitation. The project period began October 1, 2020 and concludes September 30, 2024. Table 1 provides how said funds are proposed to be utilized.

Table 1: Proposed use of JAC grant funds
Public Safety Surveillance Cameras /Body Cameras $26,994 3% NIBRS Software costs $835
Total $27,829
B-7
The use of JAG funds for this purpose will provide the department with modern and reliable equipment.

FINANCIAL IMPACT:

Submission of a JAG application will provide the City with $27,829 in federal grant funding to support local law enforcement. As a result, it will not adversely affect the General Fund and may benefit it by defraying costs within the Police Department.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Receipt of JAG funding directly supports the following Vision Plan strategies:
 Strategy 115- Economic resources provision: ensure sufficient economic resources to provide adequate City services and prepare for future growth.  Strategy 115.3- Seek and retain grants.
 Strategy 421- First Response Emergency Services: Ensure the safety and protection of Madera and its community members through adequate first response to emergencies.

Maintain sufficient resources to expand protection as the community grows.

ALTERNATIVES:

If Council elects to not adopt the Resolution, the grant with the Edward Byrne Memorial Justice Assistance Grant Program will not be awarded.

ATTACHMENTS:

1. Resolution
RESOLUTION NO._________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

APPROVING A BUDGET AMENDMENT TO THE JAG GRANTS FUND

ACCEPTING THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FY 2021 FUNDING ALLOCATION
WHEREAS, the City of Madera Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the Madera Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the Council of the City of Madera supports the efforts of the police department to secure resources by the most efficient means possible; and WHEREAS, the Congress of the United States has allocated $27,829 through the Edward Byrne Memorial Justice Assistance Grant (JAG) program to the City of Madera to be used for front line law enforcement services; and
WHEREAS, the City wishes to amend the JAG Grants Fund to increase the budget.

NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:

1. The above recitals are true and correct.

2. The City Manager, or his/her designee, is hereby authorized to execute all required documents.

3. This resolution shall be effective immediately upon adoption. *********************************

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________ Agenda Number: ___________ Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendments to Lease Agreements at the Madera Intermodal Transit Center RECOMMENDATION:

A Resolution Approving Amendment No. 1 to the Lease Agreement between the City and Greyhound for the use of the Intermodal Transit Center and Rescinding Resolution No. 22-03 SUMMARY:

The City owns the Madera Intermodal Transit Center (MITC) located on N. E St., between E.

Yosemite Ave. ad E. 5
th Street. As outline in Attachment C, a portion of the building is leased to Greyhound, while a smaller area is leased to Madera Cab Company (MCC). Another portion of the building is currently vacant as it previously housed Madera Metro transit operator MV Public Transportation, Inc. (MVPT Inc) prior to the development of the new Madera Transit Center. The City owns the building and has no outstanding debt on said improvements.

The MITC is designed to offer multiple modes of transportation and connectivity through Greyhound, taxi, and the City’s public transit system (Madera Metro). The current lease with Greyhound sunsets February 28, 2022. This agreement does not contain terms for extension or renewal, but both parties agree to the benefit of offering multiple modes of transportation at a central location; and, therefore to an extension.

This matter was previously before Council; however, though Greyhound agreed to the initial terms of the agreement, Greyhound wished to not to proceed with the previously approved lease amendment due to needed clerical changes in the termination section. Given the looming date, this item proposes to amend the original lease and rescind Council Resolution No. 22-03. Table 1 summarizes items worth highlighting in the existing lease:

B-8
▪ Floor space of the MITC is considered commercial retail and lease prices are marketed between- $0.90 - $1.10 per square foot (sf), which is comparable to other prices in Downtown Madera.
▪ The tenant has access to a Common Area that includes a waiting area, restrooms, foyer, and access to bus driveways, and a bus boarding area.

Table 1: Summary of Existing Lease Agreement with Greyhound Rate per square foot (sf) $1.10
Lease Area in (sf) 960
Lease rate per month Year 1: $768
Years 2 & 3: $806
Access to common areas Yes
Agreement sunsets February 28, 2022
Length of Agreement 36 Months
Utilities Lessee
Maintenance of common areas City
It is noted that as part of the Affordable Housing Sustainable Community (AHSC) Grant (5th and C Streets), funds were included to complete several projects, including improving the MITC. The City received approximately $288,000 as part of the grant to improve the station, which also includes the installment of bike racks, bus signage, and security enhancements to improve safety within one mile of the new residential buildings. While renovations will cause some disruption to the tenants, efforts will be made to minimize said impacts and to avoid prolonged closures.

Staff is in the process of preparing a Request for Proposals (RFP) for assistance for the renovation of the MITC and will present the item to Council at a future date.

Staff is recommending that the Council consider a three-year lease agreement with a contingency and an option to extend. The contingency to the agreement is defined as to when Greyhound resumes in-person operations (open doors to public, onsite ticket purchasing, staffing, etc.).

Table 2 summarizes the proposed lease agreements.

Table 2: Proposed Lease Agreement with Greyhound
Rate per square foot (sf) $1.10
Lease Area in (sf) 960
Lease rate per month Year 1: $550*
Year 2: $806
Year 3: $826
Access to common areas Yes
Agreement sunsets February 28, 2025
Length of Agreement 36 Months
Utilities Lessee
Maintenance of common areas City
*The monthly lease rate to increase to $806 per month if Greyhound is to resume inperson operations within year one. Price will go into effect at the next billing cycle.

Due to ongoing pandemic, Greyhound is not staffing the station and requested to reduce the monthly lease rate for the upcoming year. Greyhound indicated that passenger usage decreased during the pandemic but is optimistic that it will increase in the future. If Greyhound is no longer able to operate out of the MITC due to economic reasons, both parties have agreed to discontinue the lease while still allowing Greyhound to provide service to the MITC as a commercial drop off and pick up location for Madera residents.

In addition to the leased space, the City will continue to manage repair, maintenance and janitorial services for the building, common areas and parking. Greyhound is responsible for janitorial costs of the leased space and pay a pro-rata share based on amount of space leased towards the City’s contracted janitorial service to meet this commitment.

Should the recommended terms of the agreement not be approved, staff is recommending the lease continues to operate on a month-to-month basis until a new lease is executed.

FINANCIAL IMPACT:

There is no impact to the General Fund as revenue and expenses related to the MITC only affects the Transit budgets. Approving the lease will offset minimal costs for maintaining the building and record approximately $25,000 as “other revenue” thereby improving Madera Transit’s farebox recovery ratio. Expenses for the facility are serviced by a combination of Federal and State Funds, summarized in Table 3.

Table 3: Federal and State Funds
Source FY21/22 Allocation
Federal Transit Authority
(FTA)
CARES FUNDS ($6.4 million awarded September 2020)
Funds are available for Operation and Preventative
Maintenance until fully expended
State Transit Assistance
(STA)
$570,956
(Annual Allocation Amount Varies)
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The Management and Operations Agreement supports the Vision Madera 2025 Plan as follows:
▪ Strategy 121:
o Multi-modal transportation: Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.
▪ Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles.

ALTERNATIVES:

As an alternative, the Council may elect to:
▪ Reject the lease agreement and provide direction for staff to return with renegotiated terms and conditions. The rejected lease agreement would continue to operate on a month-to-month basis until a new lease is executed or the current lease is terminated by either party.
▪ Reject the lease agreement and no longer provide the space for lease at the Madera Intermodal Transit Center or make the space available to new commercial tenants or available to other City staff/services.

ATTACHMENTS:

1. Attachment A – Resolution Approving Amendment No. 1 – Greyhound Lease Agreement a. Exhibit A – Amendment No. 1, Lease Agreement between City and Greyhound

2. Attachment B – Lease Space

3. Attachment C – Parking Area
RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE LEASE

AGREEMENT BETWEEN THE CITY OF MADERA AND GREYHOUND LINES, INC. A DELAWARE CORPORATION FOR THE USE OF THE INTERMODAL TRANSIT CENTER AND RESCINDING RESOLUTION NO. 22-03
WHEREAS, the City of Madera (City) and Greyhound Lines, Inc. a Delaware Corporation (Greyhound) entered into a Lease Agreement for the lease of space at the Madera Intermodal Transit Center located at 123 North E Street on February 20, 2019; and WHEREAS, the Lease Agreement for a 3-year term beginning March 1, 2019 expired February 28, 2022; and
WHEREAS, the Parties wish to extend the Agreement for a three-year term to February 28, 2025; and
WHEREAS, Greyhound agrees to a monthly rent of $550 with contingencies in year one; and
WHEREAS, if Greyhound is to resume in-person operations during year one of the extension a monthly rate of $806 will go into effect at the next billing cycle; and WHEREAS, Greyhound agrees to a monthly rent of $806 in year two and a monthly rent of $826 in year three.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY the City Council of the City of Madera finds, determines, resolves and orders as follows:

1. The above recitals are true and correct.

2. The City Council approves Amendment No. 1 to the Lease Agreement between the City and Greyhound for the use of the Intermodal Transit Center as set forth in Exhibit A attached to this resolution.

3. The Council rescinds Resolution No. 22-03.

4. This resolution is effective immediately upon adoption. ***
Recorded at the Request of City of Madera
When Recorded Return to:

City of Madera
City Clerk
205 W. 4th Street
Madera, CA 93637
_________________________________________________________________________ (Fee Waived Per Government Code Sections 27383 & 27388.1 (a)(2)(D). No fee due, no document tax due) AMENDMENT NO.1 TO LEASE AGREEMENT BETWEEN THE CITY OF MADERA AND GREYHOUND LINES, INC. A DELAWARE CORPORATION
This Amendment No. 1 to the Lease Agreement is entered by and between the City of Madera (Lessor) and Greyhound Lines, Inc. (Lessee).

RECITALS
WHEREAS, the City of Madera and Greyhound Lines, Inc. a Delaware Corporation entered into a 3-year Lease Agreement for the lease of space at the Madera Intermodal Transit Center located at 123 North E Street on March 1, 2019; and
WHEREAS, the lease agreement expired February 28, 2022; and WHEREAS, the Parties desire to extend the Lease Agreement for a three-year period by amending the Lease Agreement.

WHEREAS, the Parties wish to enter Amendment No. 1 to the Lease Agreement as set forth herein.

AMENDMENT
SECTION 1. Section 3 entitled “Term” of the Lease Agreement is amended to read as follows:

The term of this lease shall be 36 months, commencing March 1, 2022, and concluding on February 28, 2025.

SECTION 2. Section 4 entitled “Rent” of the Lease Agreement is amended to read as follows:

Lessee shall pay to Lessor as rent for use of the Facility equal monthly installments as indicated below payable on or before the first day of each calendar month of the term. Rent for any period less than one month shall be a pro rata portion of the monthly installment. Rent shall be payable to Lessor at the address stated herein or to such other person or at such other place as Lessor shall designate in writing as provided herein.

Rent for Year 1 shall be $550 with contingency as described below; $806 for Year 2; and $826 for Year 3.
* The contingency to the Agreement is defined as the date when Greyhound resumes in-person operations (open doors to public, onsite ticket purchasing, staffing, etc.). On the contingency date, the monthly rental rate will increase from $550 per month to $806 per month on the next billing cycle.

SECTION 3. Section 18 of the Lease Agreement is amended to read as follows:

18. TERMINATION OF LEASE
a. In the event the Lessee determines in good faith that it is no longer practical, or operationally can do business from the Facility, Lessee shall have the right to terminate this Lease with thirty (30) days prior written notice.
b. It is understood and agreed by the parties hereto that Lessor and its successors in interest shall and hereby do reserve the right to cancel or terminate this lease prior to expiration of the term or renewed or extended term hereof as follows:
i. If the Lessee is in default or breach of this lease, as specified in Section 22 of this lease or as otherwise provided by law; or ii. If the Lessee assigns or sublets the Facility without the prior written consent of Lessor, as specified in Section 18 of this lease.

SECTION 4. Except as amended by this Amendment No. 1, all terms and conditions of the Lease Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed or caused the Amendment No. 1 to the Lease Agreement to be executed as of the date and year set forth below.

CITY OF MADERA GREYHOUND Lines, Inc., a Delaware Corporation By: _______________________________ By: _________________________________ Santos Garcia, Mayor
Print Name: __________________________
Title: ________________________________
Date: _____________________________ Date: _______________________________ ____________________________________
Taxpayer ID Number
APPROVED AS TO FORM:

By: _________________________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _________________________________
Alicia Gonzales, City Clerk

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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________________ Agenda Number: ___________ Anthony R. Forestiere, Interim Director of Finance
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to Existing Consultant Contract between the City and NBS Relating to Utility Rate Studies
RECOMMENDATION:

Adopt Resolution approving Second Amendment to the Agreement for Professional Services between the City and NBS relating to utility rate studies for additional services at a cost of $30,000.

SUMMARY:

The City and NBS (Consultant) entered into a professional services agreement in October 2020 for services related to utility rate studies. The First Amendment was approved October 6, 2021 for additional services at a cost of $17,800. Those additional services were to evaluate the impact on future utility rates should grant funds, such as those received through the American Rescue Plan Act (ARPA), be utilized for capital improvement projects that would otherwise be funded by rate payers. The City requested that additional analysis be conducted on how Senate Bill (SB) 1383 will impact the rates for solid waste services. Those additional services were provided at a cost of $17,800, increasing the total contract for rate study consulting services from $114,320 to $132,120. At this time, staff is recommending a second amendment to agreement for additional services. The City has requested the Consultant perform additional analysis related to updates to Operations & Maintenance and Capital Improvement budgets resulting in multiple versions of the utility rate reports, requiring additional presentations to City Council. These additional services have extended the anticipated completion date by almost a year, increasing the cost from $132,120 to $162,120.

B-9

LATE DISTRIBUTION
DISCUSSION:

The City contracted with Consultant to conduct utility rate studies for water, sewer, solid waste, and drainage utilities on October 21, 2020. The original agreement amount for the full scope of the project as defined was $114,320. The original estimated date of completion was April, 2021.

The First Amendment extended the estimated completion date to December 2021 and increased the cost to $132,120.

On October 6, 2021 the First Amendment was approved for additional services at a cost of $17,800, increasing the total amount of the Agreement to $132,120. Over the course of the studies, the customer/consumption data required some clean up, increasing the required hours.

Since that time, additional analysis and presentations have been conducted by the consultant upon the request of the City. Staff have been working closely with the Consultant to gather relevant data, study the financial statements, updated budgets and draft rate study reports for all utilities. The objectives of the utility rate reports include analysis to confirm:
• Revenues are adequate to sustain services, address capital needs and system depreciation
• Appropriate fee classifications (i.e. single family, multi-family, etc.) • Projections for facility replacement, taking into account deferred maintenance • Revenues are adequate to meet debt service coverage
• Water rates are consistent with 2014 Sustainable Groundwater Management Act • Compliance with all applicable laws, including provisions of Prop 218 The scope of the project has been expanded as a result of the COVID-19 pandemic, which posed challenges to the work timeline and the introduction of pandemic related grants, such as ARPA, requiring additional analysis and alternate scenarios. City staff requested additional work and graphics that show the impact on rates using grant funds for capital projects.

On August 4, 2021, the Council considered a presentation on the $23 Million received in ARPA funds received by the City. This federal grant was provided to the City to assist in recovery from the consequences of the pandemic. ARPA’s funding has multiple goals intended to mitigate the effect of the pandemic, including effects on public health, the economy, revenues, essential workers, water/sewer infrastructure, and broadband infrastructure.

Additional work was requested from the consultant related to the impact of SB 1383 on solid waste rates. SB 1383, effective January 1, 2022, will require the City to fully implement organic waste collection including collection, diversion to an appropriate processing facility, customer outreach, reporting requirements, etc. This was not anticipated in the original scope of the contract.

Since approval of the First Amendment, there were additional updates to the Operations & Maintenance and Capital Projects budgets after the initial draft reports were issued. The updates were necessary as current budget data became available. The Consultant has prepared multiple revisions, including those to address the City attorney’s questions and requested revisions, which were not anticipated in the scope of the work. There were additional workshops (pre-Prop 218) requested beyond what was included in the original agreement. The original agreement anticipated completing the studies approximately a year ago, hence the delay has required additional meetings and revision of the reports. These additional services have increased the amended Agreement by $30,000, increasing the cost from $132,120 to $162,120.

FINANCIAL IMPACT:

The Agreement fee amount for total services will increase $30,000, from $132,120 to $162,120.

The fees for rate studies are paid by the Water, Sewer, Drainage and Solid Waste Enterprise Funds. The Enterprise Funds have sufficient appropriations to cover the additional consulting fees.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Approval of this item is consistent with Strategy 115 of the Vision Plan – Economic Resource Provision: Ensure sufficient economic resources to provide adequate City services and prepare for future growth.

ALTERNATIVES:

Council may direct staff to further amend the agreement for additional services and analysis.

ATTACHMENT:

1. Resolution approving the Second Amendment to the Agreement with NBS a. Exhibit A: Amendment to Agreement with NBS
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING SECOND AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND NBS

RELATING TO RATE STUDIES FOR ADDITIONAL SERVICES AND INCREASE

OF FEES
WHEREAS, the City of Madera (City) sought assistance from NBS to prepare a Water, Sewer, Storm Drainage and Solid Waste Rate Studies; and
WHEREAS, on October 21, 2020, the City Council adopted a resolution to enter into an agreement with NBS for the provision of consulting services for preparation of the rate studies; and WHEREAS, on October 6, 2021, the City Council adopted a resolution to amend the agreement for additional services related to the use of American Rescue Plan Act grant funds for water and sewer infrastructure and analysis of SB 1383’s effect on solid waste rates; and WHEREAS, updated operations and maintenance and capital projects budget data requires additional analysis to measure the cost and effect on user rates; and WHEREAS, additional public workshops are required to provide education and public outreach on the updates to the utility rate studies; and
WHEREAS, the parties wish to amend the agreement by revising the scope of services to include this additional analysis and work product and increasing the consultant fee by $30,000 to an amount not to exceed $162,120; and
WHEREAS, the City and NBS have drafted an Amendment to the Professional Services Agreement that is in the best interests of both parties.

NOW, THEREFORE, THE COUNCIL OF THE CITY MADERA hereby resolves, finds, determines, and orders as follows:

1. The above recitals are true and correct.

2. The Second Amendment to Agreement with NBS, a copy of which is attached to this Resolution as Exhibit A, is approved.

3. The resolution is effective immediately upon adoption. ********

SECOND AMENDMENT TO PROFESSIONAL SERVICES BETWEEN THE CITY

OF MADERA AND NBS
This SECOND Amendment to Professional Services Agreement between the City of Madera and NBS (“Second Amendment”) is made by and between the City of Madera, a California municipal corporation (“City”), and NBS (“Consultant”).

RECITALS
WHEREAS, City and Consultant entered into an Agreement for Consultant services on October 21, 2020, to provide consulting services relating to the preparation of studies for consideration of adoption of new fees for water, sewer, solid waste and storm drainage services (hereinafter referred to as “rate studies”); and
WHEREAS, City and Consultant agreed to the First Amendment to the Agreement for additional work and fees on October 6, 2021; and
WHEREAS, Consultant has provided services under the Agreement and the First Amendment to the Agreement; and
WHEREAS, City has requested additional work to update utility reports with current budget data for operations and maintenance and capital projects; and WHEREAS, City has requested additional workshops to educate public on utility rate studies; and WHEREAS, the parties wish to amend the Agreement by amending Scope of Services, and adopting new fees applicable to the amended Scope of Services; and WHEREAS, the parties wish to document the additional work and fees by way of this Second Amendment to Agreement.

AGREEMENT
In consideration of the recitals listed above and the mutual obligations of the parties herein, City and Consultant agree that the Agreement for Professional Services dated October 21, 2020, and described above shall be amended as follows:

1. Section 1.2 of the Agreement entitled “Schedule of Performance” is amended to read as follows:
“Consultant shall furnish to City, following the approval of this Agreement by City Council, proof of insurance coverage as required under Article t, insurance. After receipt of satisfactory proof of insurance, City will promptly issue a written Notice to Proceed authorizing Consultant to commence performance of work. Consultant is not authorized to perform and will not be paid for performing any work under this Agreement until the effective date of the Notice to Proceed. Consultant shall begin work under the Agreement within five (5) days of the effective date of the Notice to Proceed. Consultant shall exercise reasonable diligence to have the services set forth in Exhibit “A” completed and submitted to City for final approval as soon as reasonably practicable, but not later than June 30, 2022, provided that Consultant shall be entitled to an extension of time for any delays caused by events or occurrences beyond Consultant’s reasonable control.”

2. Section 3.1 of the Agreement entitled “Payment Schedule: Maximum Payment Amount” is amended to read as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant per monthly invoice. Both parties agree that Consultant’s total fee to complete the services under this Agreement shall not exceed $162,120 including all amounts payable to Consultant for its overhead, payroll, profit, and all costs of whatever nature, including without limitation all costs for subcontracts, materials, equipment, supplies, and costs arising from or due to termination of this Agreement.

Billings are to be made directly to the following address:

City of Madera
Department of Finance
Attn: Vicki Crow
205 West 4th Street
Madera, CA 93637
Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories:
labor (by subcategory), travel, materials, equipment, supplies and sub-consultant contracts.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed item(s) by mutual agreement.”

3. Exhibit “A” – Scope of Services is amended by adding subsection “1.9” to read as follows:
“1.9 Additional Work Requested by City:

Consultant will provide additional services requested by City including additional scenarios for water, sewer, solid waste and drainage, with updated budget data and additional graphics that show cumulative rate increases across water, sewer, solid waste and storm drainage fees. City requested additional public education workshops. City requested additional analysis related to SB 1383 related to solid waste utility rates. City requested additional analysis related to water rates so that they are compliant with legal precedents.”

4. This Second Amendment to Agreement for Consulting Services is effective March 2, 2022.

5. Except as set forth in this Second Amendment, all terms and conditions in the Agreement for Consultant Services shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement as follows.

NBS CITY OF MADERA
By:_____________________________ By:______________________________ Michael Rentner, President & CEO Santos Garcia, Mayor
Date: _______________ Date:_______________

REPORT TO CITY COUNCIL
Late Distribution Notice

DATE: February 24, 2022
TO: Honorable Mayor & Members of the City Council
FROM: Anthony Forestiere, Interim Director of Financial Services SUBJECT: March 2, 2022 City Council Meeting
Late Distribution Report for Item B-9
Additional time is necessary to prepare Item B-9: Amendment to Existing Consultant Contract between the City and NBS relating to Utility Rate Studies. The report will be distributed as soon as it is available. Thank you for your understanding.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: March 2, 2022
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Redrawing of Council Member District Boundaries (Redistricting) RECOMMENDATION:

1. Receive a report on the redistricting process, feedback from the February 6, 2022, second redistricting workshop draft maps, and permissible criteria to be considered to redraw district boundaries;

2. Conduct Public Hearing #4 on redistricting and receive public input; and

3. Provide feedback on preferred map or maps, and/or desired changes to draft maps.

SUMMARY:

Pursuant to Election Code section 21601, cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. The process to complete the redistricting requires a minimum of four public hearings and dedicated public outreach to ensure minority populations and communities of interest are aware of the redistricting effort and are provided with options to participate. The City:
 Held its first public hearing on October 20, 2021
 Its second public hearing on November 10, 2021
 Its third public hearing on February 2, 2022
 This is the fourth public hearing.

The purpose of this public hearing is to receive a report of the feedback from the February 6, 2022 second redistricting workshop, review the draft maps prepared by the City’s consultant and the maps submitted by members of the public since the third public hearing, inform the public about the districting process, and hear from the community on factors to be taken into consideration for district boundaries.

The redistricting process must be completed by April 17, 2022. It is important that Council focus C-1
on a preferred map at the end of this hearing so that timely introduction on March 16, 2022 and adoption on April 6th may be made. Under Elections Code Section 21609 of the Fair Maps Act, failure to adopt district maps by the deadline will require the City to petition the Superior Court in the County for an order adopting district boundaries. Failing to do so within 5 days will allow any resident to file a petition in the superior court for the same and allow the recovery of reasonable attorney’s fees and costs. If a petition is validly filed, the court may adjust electoral deadlines and appoint a special master to assist it in the process. The City is required to pay for the special master and associated costs. Because an ordinance may only be adopted at a regular meeting, April 6, 2022 is the last date that Council may take action without violating the Fair Maps Act.

DISCUSSION:

Every 10 years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the City must be completed by April 17, 2022.

The City adopted its current district boundaries in 2011. The approved boundary map was drawn based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the Fair Maps Act (the “Act”), which was adopted by the California legislature as AB 849 (Chapter 557, Statutes of 2019) and took effect January 1, 2020.

Requirements for Redrawing District Boundaries
Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21621(c):

1. Comply with the federal requirements of equal population and the Voting Rights Act.

2. Be geographically contiguous.

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together).

4. Display easily identifiable boundaries.

5. Be compact (do not bypass one group of people to get to a more distant group of people).

6. Shall not favor or discriminate against a political party.

Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024.

2. Respect voters’ choices/continuity in office.

3. Future population growth.

By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps:
 At least one hearing must occur before the city draws draft maps.  At least two hearings must happen after the drawing of draft maps.  The fourth hearing can happen either before or after the drawing of draft maps.

To increase the accessibility of these hearings, the City has complied with the following steps:
 At least one hearing must occur on a Saturday, Sunday, or after 6:00 p.m. on a weekday.  If a redistricting hearing is consolidated with another local government meeting, the redistricting hearing must begin at a pre-designated time.  Local public redistricting hearings must be made accessible with people with disabilities.

At this public hearing, the public is requested to provide input regarding communities of interest and other local factors that should be considered for district maps. For cities, a community of interest under the Elections Code Section 21621(c) is, “a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” Council is asked to provide feedback on the preferred map(s) and/or desired changes which will then be presented at a public meeting on March 16, 2022 to introduce the ordinance approving the final map.

Determining population balance is typically done by measuring the spread, or deviation, between the least populated district and the greatest populated district. Deviations of 10% or less are generally considered acceptable under U.S. Supreme Court rulings on equal protection. The City’s population is 65,954. The ideal population of a Council district is one-sixth of that population, or 10,992.

Current District Boundaries
Analysis of the City’s current district boundaries, adjusted for the 2020 Census data, shows the districts are no longer population balanced as required by law. More specifically:
 District 6 is significantly overpopulated by 17.3%
 District 5 is significantly under populated at -14.6% for a combined total deviation of

31.9%
For these reasons, the district boundaries must be adjusted to achieve a population balance of 10% or less.

Minority Voters
Another consideration in the drawing of district boundaries is the distribution of minority voters throughout the City and whether there is a possibility of creating a majority/minority voting district as required under the federal Voting Rights Act. It is important that the analysis of the 2020 Census Data review the ethnicity demographics, specifically voting age populations (VAP) and Citizen Voting Age Populations (CVAP). Upon review of the City’s VAP and CVAP data, all six districts are currently majority/minority Hispanic voting districts. When rebalancing the populations, care will be taken to preserve those demographic characteristics.

Maps
The map and accompanying demographic information of the City’s current districts is attached to this report (Attachment 1). The current district boundary map is highlighted below:

The City’s Redistricting consultant initially prepared three draft map options for Council’s consideration. In addition, a member of the public submitted a draft map option. These maps were considered at the third public hearing. At the February 2, 2022 public hearing, the Council was presented with four map options – three drawn by BB&K and one drawn by a member of the public. Council voted to proceed with Map Options #1 and #2, and to return with feedback from the public on those two maps following the second redistricting workshop that was held on February 6, 2022 at the Pan-American Community Center.

Two additional maps were submitted since the third public hearing by the February 7, 2022 public map submission deadline. These two maps will be presented to Council at tonight’s public City of Madera
Map of City Council
Election Districts
hearing for consideration. In total, there are four maps for Council to consider – Map Options #1 and #2, and the two newly submitted maps – Maps #5 and #6. If Council selects a preferred map, then the ordinance approving the final map will be introduced on March 16, 2022, and the ordinance will be adopted on April 6, 2022 and will take effect immediately. The deadline for the City to complete the redistricting process is April 17, 2022.

Subsequent to the public hearing, two additional public maps were received. Each map is summarized below and accompanying demographic information may be found attached to this report (Attachment 2). Further, an online tool for closely examining the boundaries, with zoom and search capabilities, is available at the following link:

Online Map Viewing
Previously Reviewed Maps
Map Option 1
 Map Option 1 attempts to balance the population while retaining the general core of the existing districts.
 There is some similarity to the existing configuration, particularly with regard to Districts 2 and 4
 The map is population balanced, exhibiting a deviation of 3.56%, down significantly from the current deviation of 31.9%
 Preserves all six districts as majority/minority Hispanic voting districts  A complete demographic analysis is attached at Attachment 2 Map Option 2
 Option 2 is population balanced, with a deviation of 6.96%  Is a more substantive change from the current boundary map  District’s 4 and 5 share similarities to the existing configuration  Districts 1, 2, and 6 see changes to the core of the districts and in their shape  Preserves all six districts as majority/minority Hispanic voting districts New Maps for Consideration
Map Option 5
 Option 5 was received from a member of the public using the online mapping tool  Preserves the core of existing districts and bears resemblance to the existing map, particularly with regard to Districts 1, 2, 4 and 6
 The districts are compact and contiguous
 It is population balanced with a deviation of 2.85%
 All six districts represent a majority/minority Hispanic voting district Map Option 6
 Option 6 was also submitted by a member of the public using the online mapping tool  Preserves the core of existing districts
 It is population balanced with a deviation of 1.11%
 The districts are compact and contiguous
 All six districts represent a majority/minority Hispanic voting district

Next Steps
At the conclusion of the public hearing, the Council should select a preferred map, which would be presented for final approval at a public meeting scheduled for March 16, 2022 along with introduction of an Ordinance finalizing the map selection. Alternatively, the Council may request revisions to one or more map(s) which would be considered at a future public hearing. Should additional public hearings be necessary to identify and select a preferred map, they will be scheduled accordingly. As noted above, the deadline for the City to complete the redistricting process is April 17, 2022.

FINANCIAL IMPACT:

Costs associated with redistricting-related work includes the following:
 Contract with BB&K totaling $50,000
 Various staff time and City Attorney fees
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The requested action is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALTERNATIVES:

The Council may direct staff to return with additional information or provide an alternative action.

ATTACHMENTS:

1. Attachment 1: Existing boundaries with demographic analysis

2. Attachment 2: Proposed map options with demographic analysis Attachment 1:

Attachment 1: Existing boundaries with demographic analysis Attachment 1
Existing Districts with 2020 Census Data Analysis
District
Total
Population
Raw
Deviation
%
Population
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19
NL
AIAN***
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
DISTRICT 1 11371 379 3.4% 6642 2729 72 3382 3320 23 446 0 32 DISTRICT 2 11964 972 8.8% 6429 2054 472 3625 2758 42 18 1 31 DISTRICT 3 9700 -1292 -11.8% 3879 800 109 2804 1065 15 87 0 13 DISTRICT 4 10640 -352 -3.2% 4135 928 160 2834 1262 49 0 0 16 DISTRICT 5 9382 -1610 -14.6% 3501 544 590 2283 1240 3 26 0 33 DISTRICT 6 12897 1905 17.3% 5522 1017 407 3957 1540 1 61 0 1 Total Populatio 65954
Ideal Population 10992.3
Total deviation 31.90%
*CVAP = Citizen Voting Age Population
**NL = Non-Latino
***AIAN = American Indian Alaskan Native
I
Attachment 2:

Proposed map options with demographic analysis
Attachment 2
Proposed Map Option 1 with 2020 Census Data Analysis
District
Total
Population
Raw
Deviation
%
Deviation
CVAP* 19
Total
CVAP 19
NL**
White
CVAP 19
Hispanic
CVAP 19
NL Black
CVAP 19

NL ASIAN
CVAP 19
NL
AIAN***
CVAP 19
NL
Hawaiian
CVAP 19
Other
1 11208 110 0.99% 6346 38.81% 53.20% 2.17% 4.85% 0.69% 0.00% 1.90% 2 11277 179 1.61% 5938 37.17% 52.91% 7.07% 0.76% 1.58% 0.00% 2.25% 3 10882 -216 -1.95% 4631 23.41% 68.00% 2.44% 5.16% 0.52% 0.00% 1.74% 4 11013 -85 -0.77% 4228 23.20% 68.21% 5.25% 0.00% 2.18% 1.06% 3.15% 5 11106 8 0.07% 3993 15.20% 67.64% 15.40% 0.33% 0.65% 0.00% 3.61% 6 11105 7 0.06% 4803 18.20% 72.35% 7.47% 1.46% 0.25% 0.00% 3.08% Total
Population 66591 *CVAP = Citizen Voting Age Population
**NL = Non-Latino
Ideal 11098 ***AIAN = American Indian Alaskan Native
Total Deviat 3.56%
AYe 18 AvelB N l b if Ave18 ~ Mad . ~ Si' f Q I od Go'Q.:; Tropi<al Dr if ,l •o :al '., ~
., •o, A.Ye 171/2 ·~ ~ ... Ave 171/2 if
!:l
la'
Ave 17 .[
if Ave 17
~ Oregon Ave
Si' >.rizonaAvri
Ave 16112 -t-
~ ~
N Ave 161/4
ii! Ave 16 i:; Ave 16
if ii!
I:!
;::; W Cleveland Av Ave-151/
s ~ Ave 15 AYe 15 ~ N !'l tl ii! 0
"-, "~ Ave 14 1n Aw, 141/2 •,
Ave 14 Ave 14 Avet4
s ' a K ~ I ";
l'l i:;
~ ~ ii! ii!
Ave 131/4
Ave 13 Ave13
il' ~ N ~
~ Ave 121/2 11, 1:: Ave'2112 t I ny ~ ii! "ii
::,: ~
N
"' ~
+
Proposed Map Option 2 with 2020 Census Data Analysis
District
Total
Population
Raw
Deviation
%
Devation
CVAP* 19
Total
CVAP 19
NL**
White
CVAP 19
Hispanic
CVAP 19
NL Black
CVAP 19

NL ASIAN
CVAP 19
NL
AIAN***
CVAP 19
NL
Hawaiian
CVAP 19
Other
1 10674 -424 -3.82% 6405 41.62% 49.26% 4.36% 2.73% 1.37% 0.00% 1.64% 2 11283 185 1.66% 5472 34.45% 58.66% 5.43% 0.57% 0.82% 0.00% 2.33% 3 11446 348 3.13% 5042 24.89% 64.76% 2.24% 7.26% 0.48% 0.00% 2.10% 4 11013 -85 -0.77% 4228 23.20% 68.21% 5.25% 0.00% 2.18% 1.06% 3.15% 5 11114 16 0.14% 4264 17.35% 66.30% 14.02% 0.77% 0.75% 0.00% 2.94% 6 11061 -37 -0.34% 4528 15.22% 74.78% 7.91% 1.55% 0.24% 0.00% 3.65% Total
Population 66591 *CVAP = Citizen Voting Age Population
**NL = Non-Latino
Ideal 11098 ***AIAN = American Indian Alaskan Native
Total
Deviation 6.96%
1o "¾ • :,: ~ ,,_ •s. 0 ti! ~ .. •o, Ave 171/2 '\, Ave171/2 Ave 17
Oregon Ave
A~l61/2 + M M
,; Ave 161/1+
1l Ave 16 ~ AYf!.16
i!' ~
;:i
;:, W Cleveland Avt Ave15 l/2
a' Ave 15 Ave 15 a'
i'J tJ
s
lil
~
Ave t4 1/2
'I,
·~~ Ave141/2 •q_
Ave 14 Ave 14 Ave 1/+
s p I k ~
~
l'l
~ 1l
Ave 13 Ave13
g;
1l
Aw131//+
i!'
a' Ave121/2 Ave 121/2
i'J " 1l 0 ' a:
" Ave 12 Ave 12 Ave:12 Ave 12
Proposed Map Option 5 with 2020 Census Data Analysis
District
Total
Population
Raw
Deviation
%
Population Latino
CVAP*19
Total
CVAP19
NL**
White
CVAP19
NL Black
CVAP
Hispanic
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C-2

REPORT TO CITY COUNCIL
K~ith Helmut h, Department Director
.,A...,J,t, rz.~ .... ·rr r
Arnoldo Rodriguez, City Manager
SUBJECT:

Council Meeting of: March 2 ,2022
Agenda Number: ____ _
Updating Prima Facie Speed Limits on Designated City Streets in Compliance with Vehicle Code Regarding Speed Surveys on City Streets
RECOMMENDATION:

Introduce Ordinance Amending Section 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code (MMC) to Update Prima Facie Speed Limits on City Streets SUMMARY:

The California Vehicle Code {CVC) sets speed laws and prima facie speed limits for highways and local roads. In order to vary speed limits from those established by the CVC, a local agency must conduct an Engineering and Traffic Survey {E& TS). The CVC states that a speed limit for a particular roadway segment must be justified by an E& TS, otherwise the subject segment is considered a "speed trap". The evidence of a speeding violation based on a "speed trap" is inadmissible in court. The City last conducted an E& TS in 2011 and extended the E& TS for a period of two years in 2016. The City Engineer has conducted a new E& TS as justification for speed limits on designated streets. The proposed speed limits are provided as Exhibit A of the ordinance. In order to be enforced, the E& TS must be filed with the local Court, and new speed limit signs must be posted, as necessary.

According to the Manual on Uniform Traffic Control Devices {MUTCD) {TOPD 09-04) the speed limit shall be established at the nearest 5 mph increment of the 85th percentile. However, the speed limit may be reduced by a 5-mph increment from the 85th percentile speed if an engineering study indicates the need for a reduction in speed is necessary to match existing conditions with the traffic safety needs of the community. If the 5-mph reduction is applied, the E& TS shall document in writing the conditions and justification for the reduced speed limit and be approved by a registered Civil or Traffic Engineer. In cases where the nearest increment would require rounding up MUTCD allows the speed limit to be rounded down to the nearest 5 mph increment if no further reduction is used.

BACKGROUND:

Engineering Department staff conducted a speed survey on 48 street segments that expired from 2/12/2021 to 11/25/2021. The speed survey was conducted by reading the speed directly from a Radar Speed Meter. One Hundred (100) automobiles were considered taking SO from each direction.

The representative conducting the survey was using an unmarked car and selected a section of the road that is straight, no traffic signal, sign, or intersection with major cross streets. It was taken during off-peak hours on weekdays, good weather and with no unusual conditions prevailing.

DISCUSSION:

The City has completed traffic surveys for 47 street segments that expired and 1 new street segment including minor collector and arterial streets. The speed limit is required to be set at the nearest 5 mph increment of the 85th percentile speed. However, other factors such as median and modal speed, 50%, 15% percentile, 10 mph pace and accident history within each street segment that are speed related should also be taken in consideration.

In addition to the availability of the above statistical data, a significant aspect of speed limit recommendations is based on a field review. Its importance is that existing conditions may warrant a lower speed that is indicated by the application of survey data.

To use radar for enforcement, the engineering traffic survey must justify the posted speed. Below are the actual results for the 48 streets surveyed:

Table 1: Summary of Engineering and Traffic Survey 2021-22 Current 2021-22 E& TS Nearest 5 length of Item MPH
No. 1 location Posted Bsth Percentile {adjusted Valid until Segment Speed Speeds speed)2 in Miles
1 Adell Street from Country 40 41 40 1/20/2029 0.6 Club Drive to D Street 2 Almond Avenue from Pine 45 48 453 1/10/2029 1.0 Street to Granada Drive Almond Avenue from
3 Golden State Highway to 40 42 40 1/10/2029 0.59
Madera Avenue
Almond Avenue from
4 Madera Avenue to 40 45 45 (40) 1/11/2029 0.5
Stadium Road
Table 1: Summary of Engineering and Traffic Survey 2021-22 Current 2021-22 E&TS Nearest 5 length oj Item MPH
No. 1 location Posted ssth Percentile (adjusted Valid until Segment Speed Speeds speed)2 in Miles
Cleveland Avenue from
5 Gateway Drive to Tulare 40 43 403 1/11/2029 1.3
Street
Cleveland Avenue from
6 Granada Drive to Schnoor 40 45 45 (40) 1/12/2029 0.42 Avenue
Cleveland Avenue from
7 Granada Drive to W City 45 51 so (45) 10/21/2028 0.6
Limits
Cleveland Avenue from
8 Schnoor Avenue to 40 40 40 1/18/2029 0.5
Freeway 99
9 Cleveland Avenue from 40 43 403 1/12/2029 0.5 Tulare to Tozer Road 10 Clinton Street from Lilly St 35 36 35 1/12/2029 0.58 to Tozer Road
11 Country Club Drive from 40 39 40 1/12/2029 0.33 Cleveland Avenue to Clark D Street from Central
12 Avenue to Yosemite 35 33 35 1/18/2029 0.42
Avenue
13 D Street from Cleveland 40 41 40 1/18/2029 0.57 Avenue to Adell Street 14 D Street from Ninth Street 35 38 353 1/18/2029 0.52
to Olive Avenue
15 Ellis Street from Lake 40 46 45 (40) 1/18/2029 0.81 Street to Chapin Avenue 16 Fourth Street from I Street 35 39 353 1/18/2029 0.62 to Pine Street
17 Fourth Street from D 35 38 353 1/19/2029 0.31 Street to Lake Street Gateway Drive from
18 Cleveland Avenue to so 55 so 1/19/2029 0.6
Avenue 16
Gateway Drive from
19 Fresno River to Cleveland 40 so 40 1/19/2029 0.53
Avenue
Table 1: Summary of Engineering and Traffic Survey 2021-22 Current 2021-22 E&TS Nearest 5 Length oj Item MPH
No.1 L(!)cation P@sted ssth Percentile' (adjusted Valid until Segment Sf:>,e_ed, Speeds speed)2 in Miles
20 Gateway Drive from Ninth 35 39 353 1/19/2029 0.37 Avenue to Olive Avenue Granada Drive from
21 Cleveland Ave to Fresno 45 47 45 1/20/2029 0.39
River
Granada Drive from
22 Howard Road to Sunset 35 38 353 08/31/2028 0.51
Avenue
Granada Drive from
24 Industrial Avenue to South 45 49 45 3 08/31/2028 0.51 City Limits
25 Granada Drive from Sunset 35 40 40 (35) 08/31/2028 0.47 Avenue to Riverview Drive 26 Howard Road from 35 44 35 12/15/2028 0.72 Autumn Road to Pine St 27 I Street from 4th Street to 35 39 35 3 08/31/2028 0.71 Olive Avenue 28 I Street from 4th Street to 35 39 35 3 09/1/2028 0.5 Central Avenue Industrial Avenue from
29 Granada Drive to S 40 40 40 09/2/2028 0.49
Schnoor Avenue
Kennedy Street from N
30 Lake Street to Tulare 35 39 35 3 09/1/2028 0.25
Street
31 Kennedy Street from 40 44 40 3 09/2/2028 0.84 Tulare Street to City Limits 33 Lake Street from Cleveland 40 45 45 (40) 09/14/2028 0.85 Avenue to Ellis Street 34 Lake Street from Clinton 35 36 35 09/14/2028 0.25 Avenue to Sunrise Avenue Pecan Avenue from
35 Raymond Thomas to 40 46 45 (40) 09/15/2028 0.55
Golden State Blvd
Pecan Avenue from
36 Madera Avenue to Pine 45 44 45 09/22/2028 1.00
Street
Table 1: Summary of Engineering and Traffic Survey 2021-22 Current 2021-22 E& TS Nearest 5 Length of Item MPH
No.
1 Location Posted 85th Percentile (adjusted Valid until Segment Speed Speeds speed)2 in Miles
Pecan Avenue from
37 Schnoor Avenue to Pine 45 52 so (45) 09/22/2028 0.50 Street
38 Pine Street from Howard
45 45 45 09/14/2028 1.00 Road to Pecan Street
39 Pine Street from Howard 30 39 30 09/14/2028 0.33 Road to Sunset Avenue Schnoor Avenue from
40 Dutra Way to Cleveland 35 35 35 10/13/2028 0.31
Avenue
Schnoor Avenue from
41 Kennedy Street to 40 38 40 10/13/2028 0.55
Cleveland Avenue
Sherwood Way from
42 Country Club Drive to 40 41 40 10/14/2028 0.42
Sonora Street
43 Sherwood Way from 35 37 35 10/14/2028 0.58 Sonora to Lake Street 45 Sunrise Ave. from B Street 40 39 40 10/20/2028 0.65 to Lilly Street 47 Sunset Ave. from Granada 45 44 45 10/20/2028 0.97 Drive to City Limits 48 Tozer Street from Avenue so 46 45 10/19/2028 0.75 15 to A Street Tozer Street from
49 Yosemite Ave. to Avenue 45 40 40 10/19/2028 0.54
15 so Tozer Street from Olive 45 49 45 3 10/19/2028 0.79 Ave. to Knox Street 51 Vineyard Ave. from Clinton 35 31 30 10/20/2028 0.26 Ave. to Yosemite Ave. 554 Pecan Avenue from Road N/A 51 so (45) 09/15/2028 0.73 28 to Road 29

1. Matches Item No. of table in Section 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code
Table 1: Summary of Engineering and Traffic Survey 2021-22 Item
No. 1 Location
Current 2021-22 E& TS
Posted 85th Percentile
Speed Speeds
Nearest 5
MPH
(adjusted
speed)2
Valid until
Length oj
Segment
in Miles

2. Initial value is nearest rounded speed from 85th percentile speed. Second value in parenthesis is recommended adjusted speed in compliance with CVC sections 627 and 22358.5 and MUTCD Section 28.13.

3. Rounded down when 85th percentile speed would require a rounding up per MUTeD Section

28.13 Paragraph 12a Option 2 and in compliance with eve sections 627 and 22358.5.

4. New roadway segment studied with Engineering and Traffic Study and added to Ordinance.

Justifications:

The following section provides conditions and justification for reduction of speed limits as required by MUTeD.
#4 AJmond Ave from M adera Ave to Stadium Road:

E& TS determined the 85th percentile speed to be 45 mph. The speed limit was reduced by 5 mph to 40 mph as permissible by the MUTeD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with eve Section 627 and 22358.5. The cited eve Section 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety.

The speed reduction was due to the following condition(s):
■ The street has parallel parking on both sides which restricts clear sight distance. • The street is in a residential area and a major school route. #6 Cleveland Avenue from Granada Drive to Schnoor Avenue:

The speed reduction was due to the following condition(s):
• The street has many residential and commercial drive approaches. • Adjacent land use is residential.
#7 Cleveland Avenue from Granada Dr to W city Limits:

E& TS determined the 85th percentile speed to be SO mph. The speed limit was reduced by 10 mph to 40 mph per engineering judgement. The cited eve Section 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety.

The speed reduction was due to the following condition(s):
• The roadway geometry transitions to a narrow undivided roadway, which may not be readily apparent to the drivers.
• Planned residential land use development in the adjacent vacant lands generates more vehicular and pedestrian traffic.
• 400 ft west of Westberry Blvd exists a traffic transition that is not designed for high-speed traffic.
#15 Ellis Street from Lake Street to Chapin Avenue:

E& TS determined the 85th percentile speed to be 46 mph. The speed limit was rounded to 45 mph then reduced by 5 mph to 40 mph as permissible by the MUTeD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with eve Section 627 and 22358.5. The cited eve Section 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety. The speed reduction was due to the following condition(s):
• The segment has an elementary school adjacent to it.
• The segment is in a residential area.
• The segment is a major school route for two Elementary Schools. #18 Gateway Drive from Cleveland Avenue to Avenue 16:

E& TS determined the 85th percentile speed to be 55 mph. The speed limit was reduced by 5 mph to 50 mph as permissible by the MUTeD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with eve Section 627 and 22358.5. The cited eve Section 627 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety. The speed reduction was due to the following condition(s):
• The segment includes a curve that is not designed for high speeds. #19 Gateway Drive from Fresno River to Cleveland Avenue:

E& TS determined the 85th percentile speed to be 50 mph. The speed limit was reduced by 10 mph to 40 mph per Engineering Judgement as permissible by the MUTeD 2014 Revision 6 Section lA.09 and in compliance with eve Section 627 and 22358.7. The cited eve Section 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety. The speed reduction was due to the following condition(s):
■ Consistent observation of pedestrians and cyclists crossing Gateway Drive as the adjacent land is residential and includes a park.
■ Recent construction of Fresno River trail attracts more pedestrians from surrounding zones to access resource conservation and open space adjacent to Gateway drive. ■ Low visibility for vehicles entering traffic from the park on the west side of Gateway Drive #25 Granada Drive from Sunset Avenue to Riverview Drive:

E& TS determined the 85th percentile speed to be 40 mph. The speed limit was reduced by 5 mph to 35 mph as permissible by the MUTCD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with eve Sections 627 and 22358.5. The speed reduction was based on the following condition(s):
■ The segment between Sunset and Riverview has two reverse curves which restrict sight distance at high speeds.
■ The segment between Sunset and Riverview has parking on both sides which restrict sight distance.
#26 Howard Road from Autumn Road to Pine St:

E&TS determined the 85th percentile speed to be 44 mph. The speed limit was reduced to 35 mph per Engineering Judgement as permissible by the MUTCD 2.014 Revision 6 Section 1A.09 and in compliance with eve Section 627 and 22358.7. The cited eve Section 627 defines an E&TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety.

The speed reduction was due to the following condition(s):
■ High pedestrian and bicycle traffic due to adjacent public park. ■ Low visibility for vehicles entering traffic from minor roads. #33 Lake Street from Cleveland Avenue to Ellis Street:

E& TS determined the 85th percentile speed to be 45 mph. The speed limit was reduced by 5 mph to 40 mph as permissible by the MUTCD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with CVC Section 627 and 22358.5. The speed reduction was based on the following condition(s):
■ The segment has an elementary school adjacent to it.
■ Consistent crossing of Lake Street by pedestrians.
#35 Pecan Avenue from Golden State Blvd to Raymond Thomas Street:

E& TS determined the 85th percentile speed to be 46 mph. The speed limit was reduced by 5 mph to 40 mph as permissible by the MUTCD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with CVC Section 627 and 22358.5. The speed reduction was based on the following condition(s):
• The segment has an elementary school adjacent to it.
• Consistent crossing of Lake Street by pedestrians.
#37 Pecan Avenue from Schnoor Avenue to Pine Street:

E& TS determined the 85th percentile speed to be 52 mph. The speed limit was reduced by 5 mph to 45 mph as permissible by the MUTCD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with eve Section 627 and 22358.5. The cited eve Section 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety.

The speed reduction was due to the following condition(s):
• The segment is a on a major school route.
• The segment is within 1000 ft of a school.
• Consistent crossing of Pecan Avenue by pedestrians.
#39 Pine Street from Howard Road to Sunset Avenue:

E& TS determined the 85th percentile speed to be 39 mph. The speed limit was reduced by 10 mph to 30 mph per Engineering Judgement as permissible by the MUTCD 2014 Revision 6 Section lA.09 and in compliance with eve Section 627. The cited eve Section 627 defines an E&TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety.

The speed reduction was due to the following condition(s):
• The segment has a railroad crossing which does not have any flashing warning sings. • Parallel parking on both sides of Pine Street.
• The segment is a school route.
#55 Pecan Avenue from Road 28 to Road 29:

E& TS determined the 85th percentile speed to be 51 mph. The speed limit was reduced by 5 mph to 45 mph as permissible by the MUTCD 2014 Revision 6 Section 2B.13 paragraph 12a and in compliance with eve Section 627 and 22358.5. The cited eve Section 627 defines an E& TS that is required to consider prevailing speeds, accident records, and conditions not readily apparent to the driver, and optionally consider residential density as well as pedestrian and bicycle safety.

The speed reduction was due to the following condition(s):
• Design speed for the bridge over Highway 99 west of segment is 45 mph and therefore is unsafe for vehicle speeds above 45 mph.

FISCAL IMPACT:

There is no direct impact to the city.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The speed limits are integral in creating a good traffic flow which minimizes traffic accidents.

Safe, clean, and attractive streets accommodate traffic, providing easy access to all parts of the City.

ALTERNATIVES:

Failure to adopt the proposed ordinance inhibits the City of Madera Police Department to issue citations and/or Council may direct staff to draft further revisions to the Speed Survey Report.

ATTACHMENTS:

1. Ordinance
ORDINANCE NO. ___ _

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SECTION 3-5.08 OF CHAPTER 5 OF TITLE Ill OF THE MADERA

MUNICIPAL CODE RELATING TO INCREASING STATE SPEED LIMIT IN

CERTAIN ZONES
WHEREAS, California Vehicle Code Section 22352 establishes prima facie speed limits for streets; and
WHEREAS, California Vehicle Code Section 22357 provides that whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe; and
WHEREAS, according to California Vehicle Code (CVC) Section 40802, a "speed trap" is defined as a section of highway or street with a prima facie speed limit that is not justified by an engineering and traffic survey conducted within the time periods specified and the enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects; and
WHEREAS, the evidence of a speeding violation based on the maintenance or use of a speed trap is inadmissible in court per eve Section 40803; and WHEREAS, in order to establish speed limits and ensure a speed trap is not created, engineering and traffic surveys must be conducted in accordance with CVC Section 627 and the California Manual on Uniform Traffic Control Devices (MUTCD); and WHEREAS, the City prepared an engineering and traffic survey (E& TS) for designated City streets from 2/12/2021 through 11/25/2021 and the proposed speed limit for each street as established by the 2019 E& TS is provided as Exhibit A; and WHEREAS, CVC Section 40802(c) allows for engineering and traffic surveys to be valid for a period of seven years if the conditions specified in Section 40802(c), pertaining to officer training and equipment standards, are met; and
WHEREAS, the City has reviewed eve Section 40802(c) and determined that the Madera Police Officers using radar/lidar equipment for determination of speed have been properly trained and the radar/lidar equipment used meets the required standards and is properly maintained and calibrated.

THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Subsection (B) of Sec. 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code is hereby amended to read as follows:
(B) Section 16. It is determined upon the basis of an engineering and traffic survey that the speed permitted by state law upon the following streets is less than is necessary for the safe operation of vehicles thereon by reason of the designation and sign-posting of such streets as through highways and/or by reason of widely-spaced intersections and it is declared that the prima facie limit shall be as set forth in this section on those streets, or parts of streets, designated in this section when signs are erected giving notice thereof:

Item Location Declared Prima Facie
No. Speed Limit (MPH)
1 Adell Street from Country Club Dr. to "D" Street 40
2 Almond Ave. from Pine Street to Granada Drive 45
3 Almond Ave. from Golden State Hwy to Madera Ave. 40
4 Almond Ave. from Madera Ave. to Stadium Road 40
5 Cleveland Ave. from Gateway Drive to Tulare St. 40
6 Cleveland Ave. from Granada Drive to Schnoor Ave. 40
7 Cleveland Ave. from Granada Dr. to W. City Limits 45
8 Cleveland Ave. from Schnoor Ave. to Freeway 99 40
9 Cleveland Ave. from Tulare Street to Tozer Road 40
10 Clinton Ave. from Lilly St. to Tozer Road 35
11 Country Club Drive from Cleveland Ave. to Clark 40
12 D Street from Central Ave. to Yosemite Ave. 35
13 D Street from Cleveland Ave. to Adell Street 40
14 D Street from Ninth Street to Olive Avenue 35
15 Ellis Street from Lake Street to Chapin Ave. 40
16 Fourth Street from I Street to Pine Street 35
17 Fourth Street from D Street to Lake Street 35
18 Gateway Drive from Cleveland Ave. to Avenue 16 so
19 Gateway Drive from Fresno River to Cleveland Ave. 40 20 Gateway Drive from Ninth Ave. to Olive Ave. 35
21 Granada Drive from Cleveland Ave. to Fresno River 45 22 Granada Drive from Howard Road to Sunset Ave. 35
23 Granada Drive from Howard Road to Industrial Ave. 40 24 Granada Drive from Industrial Ave. to South City Limits 45 25 Granada Drive from Sunset Ave. to Riverview Drive 35 26 Howard Road from Autumn Road to Pine St. 35
27 I Street from 4th Street to Olive Ave. 35
28 I Street from 4th Street to Central Avenue 35
29 Industrial Ave. from Granada Dr. to Schnoor Ave. 40
30 Kennedy Street from Lake Street to Tulare Ave. 35
31 Kennedy Street from Tulare Street to City Limits 40
32 Knox Street from Olive Avenue to Tozer Street 40
33 Lake Street from Cleveland Ave. to Ellis Street 40
34 Lake Street from Clinton Ave. to Sunrise Ave. 35
35 Pecan Ave. from Raymond Thomas to Golden State Blvd. 40 36 Pecan Ave. from Madera Ave. to Pine Street 45
37 Pecan Ave. from Schnoor Ave. to Pine Street 45
38 Pine Street from Howard Road to Pecan Street 45
39 Pine Street from Howard Road to Sunset Avenue 30
40 Schnoor Ave. from Dutra Way to Cleveland Ave. 35
41 Schnoor Ave. from Kennedy Street to Cleveland Ave. 40 42 Sherwood Way from Country Club Drive to Sonora Street 40 43 Sherwood Way from Sonora Street to Lake Street 35
44 Storey Road from Yosemite Ave. to City Limits 45
45 Sunrise Ave. from B Street to Lilly Street 40
46 Sunset Ave. from Fourth Street to Granada Drive 35
47 Sunset Ave. from Granada Drive to City Limits 45
48 Tozer Street from Avenue 15 to A Street 45
49 Tozer Street from Yosemite Ave. to Avenue 15 40
so Tozer Street from Olive Ave. to Knox Street 45
51 Vineyard Ave. from Clinton Ave. to Yosemite Ave. 30
52 Westberry Blvd from Howard Road to Sunset Avenue 45
53 Westberry Blvd from Sunset Avenue to Riverview Drive 40 54 Yosemite Ave. from Gateway Drive to Olive Ave. 35
55 Pecan Avenue from Road 28 to Road 29 45
SECTION 2. If any section, subsection, clause or phase of this Ordinance is for any reason held to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsection, sentence, clause or phrase be declared unconstitutional or otherwise invalid.

SECTION 3. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage or when appropriate signs giving notice thereof are erected upon street and shall not thereafter be revised except upon the basis of an engineering and traffic survey, whichever occurs later.

SECTION 4. Publication. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: March 2, 2022
Agenda Number: ___________
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing Relating to Annexation of Certain Properties into Zone of Benefit 40 and Zone of Benefit 51 to the Citywide Landscape and Lighting Assessment Districts (LMD) Zone for Fiscal Year 2022/23
RECOMMENDATION:

Adopt Resolutions Approving Annexation of Certain Properties to Citywide Lighting and Landscaping Assessment Districts:

1. Resolution Approving Annexation No. 2022 -01 for Annexation of APN 012-253-002, 012- 270-001, and APN 012-270-002 (Rai Apartments) Into Zone of Benefit 40; Confirming the Diagram and Assessment for Citywide Landscape And Lighting Assessment District Zone of Benefit 40 for Fiscal Year (FY) 2022/23; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor; and

2. Resolution Approving Annexation No. 2022-02 for annexation of APN 010-193-010 (Caliber); APN 012-133-039 (ARCO); APN 003-194-012 (Starbucks Country Club Drive) Into Zone of Benefit 51; Confirming the Diagram and Assessment for Citywide Landscape and Lighting Assessment District Zone of Benefit 51 for Fiscal Year (FY) 2022/23; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor SUMMARY:

This public hearing is for the purpose of annexing various properties into the City’s LMD. Properties are set forth in two resolutions (1) for Annexation 2022-01 for annexation to Zone of Benefit 40 and (2) for annexations to Zone of Benefit 51. The annexations relate to the following projects:
 On January 8, 2019, the City approved Precise Plan (PPL 2018-06), Rezone (REZ 2018-07) and General Plan Amendment (GPA 2018-05) for the Rai Apartments. A requirement of development is annexation of the parcels into the City’s existing LMD Zone of Benefit 40 for perpetual maintenance of landscaping.

C-3
 On September 10, 2019, the City approved Site Plan Review (SPR 2019-09) and Conditional Use Permit (CUP 2019-12) for Caliber Collision. A requirement of development is annexation of the parcels into the City’s existing LMD Zones of Benefit 51 for perpetual maintenance of landscaping.
 On December 12, 2017, the City approved Site Plan Review (SPR 2016-35) and Conditional Use Permits (CUP 2016-35, 36, & 37) for ARCO Gas Station. A requirement of development is annexation of the parcels into the City’s existing LMD Zones of Benefit 51 for perpetual maintenance of landscaping.
 On October 13, 2020, the City approved Site Plan Review (SPR 2020-03) and Conditional Use Permit (CUP 2020-05) for Starbucks. A requirement of development is annexation of the parcels into the City’s existing LMD Zones of Benefit 51 for perpetual maintenance of landscaping.

DISCUSSION:

In June of 1991, the City formed the Citywide Landscape Assessment District which allowed for individual LMD’s to be formed for the purposes of levying assessments against new development for the maintenance of landscaped areas including median islands, certain park strips, frontage road median islands and certain landscaped outlots. Ultimately, the creation of LMD’s lead to a greater ability to provide projects that meet the City’s goals of more attractive development. In recent years, the City has taken efforts to halt or slow the growth of zones through annexation of new developments into existing zones where such annexation was logical.

LMD Zone 40 is responsible for maintenance of certain landscaped areas in the City located along Gary Lane and Emily Way. LMD zone 51 is the citywide area responsible for the maintenance of landscaped areas at various locations across the city. The location of all additions can be found on the map of all city-wide LMD districts, which is Attachment 7 of this report.

City staff requests City Council (Council) consider and approve the covenants attached herein which have been signed and notarized by the respective property owners.

FINANCIAL IMPACT:

The parcels will be responsible for participating in the cost of maintaining existing and proposed landscaping additions to their respective zones.

For the addition of Property to Zone 40, the annual assessment amount on the parcels subject to this action will be in an amount not to exceed:

Table 1: Zone 40 additions
Assessor’s Parcel # Assessment per Parcel Assessment per Dwelling Unit 012-280-001 $1,040 $16.00
012-280-002 $400 $16.00
012-280-003 $768 $16.00
For the addition of Property into Zone 51, the annual assessment amounts on the parcels subject to this action will be in an amount not to exceed:

Table 2: Zone 51 additions
Property Assessor’s Parcel # Assessment per Parcel
Caliber Collision 010-193-010 $47.82
ARCO Gas Station 012-133-039 $136.52
Starbucks Country Club Dr 003-194-012 $47.92
There are no financial impacts to the General Fund unless future costs exceed that which cannot be recovered through a Proposition 218 process and City does not elect to reduce maintenance levels to a point that are commensurate with revenue received.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The inclusion of the parcels into LMD Zones of Benefit 40 & 51 is consistent with:

Strategy 126 – Clean, attractive streets: Expand or develop programs to create clean, safe, and aesthetically pleasing streets.

Action 134.1: Consider establishment of design/landscape standards for neighborhoods and business construction - Current landscape design standards have been enforced which aid in the establishment of Well-Planned Neighborhoods and Housing.

ALTERNATIVES:

If Council does not accept the annexation of the parcels into the existing LMD zone, the goal of spreading costs to as many eligible parcels as possible will be negatively impacted in that some parcel will continue to absorb a larger cost of maintenance than others that may not participate in the sharing the cost.

ATTACHMENTS:

1. Resolution – Confirmation of the Diagram and Assessments for Zone 40 Exhibit A – Legal Descriptions
Exhibit B – Assessment Diagrams
Exhibit C – Assessment Amounts
Exhibit D – Covenant, Rai Apartments

2. Resolution – Confirmation of the Diagram and Assessments for Zone 51 Exhibit A – Legal Descriptions
Exhibit B – Assessment Diagrams
Exhibit C – Assessment Amounts
Exhibit D1 – Covenant, Caliber Collision
Exhibit D2 – Covenant, ARCO Gas Station
Exhibit D3 – Covenant, Starbucks – Country Club Drive

3. Map of City-Wide LMD Zones
Attachment 1
Resolution
Approving Annexation, Confirmation of the Diagram, and Assessments for Zone of Benefit 40
RESOLUTION NO. 22-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-01 FOR ANNEXATION OF APN: 012-253-002, APN: 012-270-001, AND APN: 012-270-002 (RAI APARTMENTS) INTO ZONE OF BENEFIT 40; CONFIRMING THE DIAGRAM

AND ASSESSMENT FOR CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT ZONE OF BENEFIT 40 FOR FISCAL YEAR (FY) 2022/23; AND AUTHORIZING THE CITY CLERK TO FILE THE DIAGRAM AND

ASSESSMENT WITH THE MADERA COUNTY AUDITOR
WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act”; and WHEREAS, the recommended assessments for FY 2022/23 reflect the cost of landscape maintenance provided by the City for said fiscal year; and WHEREAS, the owner of property proposed to be annexed to Zone of Benefit 40 as described in Exhibit “A” and diagramed in Exhibit “B” attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of Engineer’s Report, or both; and WHEREAS, the assessment amounts are set forth in Exhibit “C”; and WHEREAS, the property owner has agreed that the annual assessment is proportional to, and no greater than, the special benefit conferred on the property by being annexed into the Landscape Maintenance District; and
WHEREAS, the property owner has consented to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost (ENRCC) Index (Los Angeles), plus two percent (2%). The property owner agreed that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the ENRCC Index since the most recent change in the assessment plus two percent per year; and
WHEREAS, the property owners further agree that temporary decreases in assessment do not represent a waiver of other provisions of this covenant and that the assessment may later be reset to an amount consistent with the assessment prior to the reduction plus the total change in the ENRCC Index plus two percent per year but only to the degree necessary to cover actual and reasonable costs, provided such assessment is consistent with the terms of this covenant.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. That the public interest and convenience require that certain property described in Exhibit “A” and as diagrammed in Exhibit “B,” both of which are attached hereto and by reference incorporated herein, be annexed to City Landscape Maintenance District as Zone of Benefit 40 for the maintenance and servicing of landscaping facilities.

3. The City Council hereby confirms the diagram and annual assessments and levies the assessments for FY 2022/23 for the same, as identified in Exhibits “A,” “B” and “C,” and as set forth in Exhibit “D” the Covenant for Landscape Maintenance District Zone of Benefit 40 which are all attached to this resolution.

4. Pursuant to Section 22641 of the Streets and Highways Code, the City Clerk is authorized and directed to forthwith file the diagram and assessments with Auditor of Madera County.

5. The City Engineer and City Clerk are collectively authorized to make any clerical corrections to this resolution and related documents.

6. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A To Resolution No. ____
Legal Description
APN: 012-253-002
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 64 OF CRYSTAL HEIGHTS SUBDIVISION, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED JUNE 5, 1991, IN BOOK 38 OF MAPS, AT PAGES 12 AND 13, MADERA COUNTY RECORDS.

APN: 012-270-001
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF THAT CERTAIN PARCEL MAP, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 31, PAGE 136 OF MAPS, MADERA COUNTY RECORDS.

APN: 012-270-002
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF THAT CERTAIN PARCEL MAP, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 31, PAGE 136 OF MAPS, MADERA COUNTY RECORDS.

Exhibit B to Resolution No. ____
Assessment Diagram –
APN: 012-253-002, APN: 012-270-001, AND APN: 012-270-002 (RAI APARTMENTS)

Exhibit C To Resolution No. ____
Assessment Amounts (Rai Apartments)
Assessor’s Parcel # Assessment per Parcel Assessment per Dwelling Unit 012-280-001 $1,040 $16.00
012-280-002 $400 $16.00
012-280-003 $768 $16.00
Exhibit D To Resolution No. ____
Covenant – Rai Apartments
RECORDING REQUESTED BY:

City of Madera
WHEN RECORDED RETURN TO:

City of Madera
205 W. 4th Street
Madera, CA 93637
Attention: City Clerk
_________________________________________________________________________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code

COVENANT

LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 40

WHEREAS, Rai 1999 Family Limited Partnership, a California Limited Partnership, hereinafter referred to as “Covenantor”, is the owner of the real property situated in the City of Madera, County of Madera, State of California, hereinafter referred to as “Subject Property” and more particularly described in attached Exhibit “A” which is incorporated by reference; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and
WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor is required by the City as a condition of Precise Plan (PPL) 2018-06, Rezone (REZ) 2018-07 and General Plan Amendment (GPA) 2018-05 approval to annex to the City’s Landscape Maintenance District; and WHEREAS, the Planning Commission on January 8, 2019 conditionally approved Precise Plan PPL 2018-06, Rezone REZ 2018-07 and General Plan Amendment GPA 2018-05 for the Subject Property which provided for the annexation of the Subject Property into the aforementioned Zone of Benefit; and
WHEREAS, maintenance of the landscaping associated with the Subject Property shall be the responsibility of the City’s Landscape Maintenance District.

NOW, THEREFORE, it is agreed:

1. In consideration of the foregoing and the approval of the Precise Plan, Rezone and General Plan Amendment for the Subject Property, by the City of Madera, the undersigned hereby covenants, promises and agrees with the City of Madera for the benefit of said City.

2. The Covenantor consents to annexation of said Subject Property to the City’s Landscape Maintenance District, has petitioned the City to annex said Subject Property to said district pursuant to Streets and Highways Code Section 22605, and pursuant to California Constitution Article, XIII D, section 5(b), waives any right to protest or object to such annexation.

3. The Covenantor agrees that the Subject Property receives a special benefit, as the term is defined in California Constitution Article, XIII D, section 2(i), from being annexed to Landscape Maintenance District, and that special benefit includes, but is not limited to, the right and ability to develop the Subject Property.

4. The Covenantor consents to an annual assessment on the Subject Property(ies). The assessment, based on dwelling units, currently in an amount not to exceed $17.20 per dwelling unit with the assessment per parcel being proportional to the number of dwelling units situated on each parcel(s). The Covenantor agrees that this assessment is proportional to, and no greater than, the special benefit conferred on the Subject Property by being annexed into the Landscape Maintenance District. The Covenantor also consents to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost Index (ENRCC), plus two percent (2%). The Covenantor agrees that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the total change in the ENRCC Index since the most recent change in the assessment plus two percent per year. The Covenantor further agrees that temporary decreases in assessment do not represent a waiver of other provisions of this covenant and that the assessment may later be reset to an amount consistent with the assessment prior to the reduction plus the total change in the ENRCC Index plus two percent per year but only to the degree necessary to cover actual and reasonable costs.

5. The Covenantor agrees that he/she has received the written notice required by California Constitution Article, XIII D, Section 4(c).

6. The Covenantor agrees that this shall constitute a ballot in support of the proposed assessment pursuant to California Constitution Article, XIII D, Section 4(d).

7. Furthermore, should City hold a hearing notwithstanding such waiver, Covenantor waives the requirement of 45 days’ notice of such hearing in favor of a five-day notice of such hearing.

8. The Covenantor shall fully disclose this covenant to every potential purchaser of the Subject Property.

9. It is the intention of the parties hereof that this document shall constitute a covenant in favor of the City of Madera and shall run with the land and be binding upon the undersigned, its grantees, heirs, successors and assigns.

10. The Covenant shall be released and be of no further effect upon written determination by the undersigned and the City Engineer of the City of Madera that its continued existence and enforcement are no longer necessary.

11. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any other provision or portion thereof shall not affect the validity or enforceability of any one provision thereof.

Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

12. This Covenant shall be effective on __________, 2022.

IN WITNESS WHEREOF, the parties duly executed this Covenant.

CITY OF MADERA:

By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:

By: _______________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk
APPROVED:

By: _____________________
Keith B. Helmuth, P.E.,
City Engineer
COVENANTOR:

By: __________________________
Nirmal S. Rai, Owner

NOTARY ACKNOWLEDGEMENT

REQUIRED
EXHIBIT “A”
Legal Description
APN: 012-253-002
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 64 OF CRYSTAL HEIGHTS SUBDIVISION, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED JUNE 5, 1991 IN BOOK 38 OF MAPS, AT PAGES 12 AND 13, MADERA COUNTY RECORDS.

EXHIBIT “A”
Legal Description
APN: 012-270-001
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 OF THAT CERTAIN PARCEL MAP, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 31, PAGE 136 OF MAPS, MADERA COUNTY RECORDS.

EXHIBIT “A”
Legal Description
APN: 012-270-002
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

PARCEL 2 OF THAT CERTAIN PARCEL MAP, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 31, PAGE 136 OF MAPS, MADERA COUNTY RECORDS.

Attachment 2
Resolution
Approving Annexation, Confirmation of the Diagram and Assessments for Zone of Benefit 51
RESOLUTION NO. 22-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-02 FOR
ANNEXATION NO. 2022-23 FOR ANNEXATION OF APN 010-93-010 (CALIBER COLLISION); APN 012-13-039 (ARCO GAS STATION), AND APN 003-194-012 (STARBUCKS AT COUNTRY CLUB DRIVE)
INTO ZONE OF BENEFIT 51; CONFIRMING THE DIAGRAM AND

ASSESSMENT FOR CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT ZONE OF BENEFIT 51 FOR FISCAL YEAR
(FY) 2022/23; AND AUTHORIZING THE CITY CLERK TO FILE THE

DIAGRAM AND ASSESSMENT WITH THE MADERA COUNTY

AUDITOR
WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act”; and WHEREAS, the recommended assessments for FY 2022/23 reflect the cost of landscape maintenance provided by the City for said fiscal year; and WHEREAS, all of the owners of property proposed to be annexed to the Zone of Benefit 51 of said District consisting of Caliber Collision, ARCO Gas Station, and Starbucks Country Club Drive, as described in Exhibit “A” attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of Engineer’s Report, or both; and
WHEREAS, the property owners have agreed that the annual assessment is proportional to, and no greater than, the special benefit conferred on the property by being annexed into the Landscape Maintenance District; and
WHEREAS, the property owners have consented to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost (ENRCC) Index (Los Angeles), plus two percent (2%). The property owner agreed that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the ENRCC Index since the most recent change in the assessment plus two percent per year; and
WHEREAS, the property owners further agree that temporary decreases in assessment do not represent a waiver of other provisions of this covenant and that the assessment may later be reset to an amount consistent with the assessment prior to the reduction plus the total change in the ENRCC Index plus two percent per year but only to the degree necessary to cover actual and reasonable costs, provided such assessment is consistent with the terms of this covenant.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. That the public interest and convenience require that certain property described in Exhibit “A” and as diagrammed in Exhibit “B,” both of which are attached hereto and by reference incorporated herein, be annexed to City Landscape Maintenance District as Zone of Benefit 51 for the maintenance and servicing of landscaping facilities.

3. The City Council hereby confirms the diagram and annual assessments and levies the assessments for FY 2022/23 for the same, as identified in Exhibits “A,” “B” and “C,” and as set forth in “Covenant Landscape Maintenance District Zone of Benefit

51.” for each parcel

4. Pursuant to Section 22641 of the Streets and Highways Code, the City Clerk is authorized and directed to forthwith file the diagram and assessments with Auditor of Madera County.

5. The City Engineer and City Clerk are collectively authorized to make any clerical corrections to this resolution and related documents.

6. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A to Resolution No. _____
Property Legal Descriptions – Zone 51
Legal Description (Caliber Collision)
APN: 010-193-010
______________________________________________________________ Real property in the City of Madera, County of Madera, State of California, described as follows:

LOT 25 THROUGH 32, INCLUSIVE OF BLOCK 3 OF HUGHES ADDITION TO THE TOWN OF MADERA, IN

THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, AS SAID LOTS AND BLOCK ARE SHOWN UPON THE MAP FILED FOR RECORD IN BOOK 4, PAGE 31 OF MAPS Legal Description (ARCO Gas Station)
APN: 012-133-039
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF PARCEL “B”, AS DESCRIBED IN DEED RECORDED AUGUST 25, 1995 AS DOCUMENT NO. 9521083, MADERA COUNTY OFFICIAL RECORDS, AND SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 44 OF MAPS, AT PAGE 42, MADERA COUNTY RECORDS, AND LYING IN THE SW 1/4 OF SECTION 30, TOWNSHIP 11 SOUTH, RANGE 18 EAST, M.D.B.&M., DESCRIBED AS FOLLOWS:

FEET NORTHERLY, MEASURED AT
RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 30, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 39° 06' 08" WEST, 53.13 FEET TO A POINT WHICH IS

50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID SECTION 30; THENCE NORTH 0° 14' 00" EAST AND PARALLEL WITH THE WEST LINE OF SAID SECTION 30 A DISTANCE OF 255.44 FEET; THENCE SOUTH 88° 55' 28" EAST, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 30 A DISTANCE OF 316.03 FEET; THENCE SOUTH 0° 14' 00" WEST AND PARALLEL WITH THE WEST LINE OF SAID SECTION 30 A DISTANCE OF 296.03 FEET TO A POINT WHICH IS 30.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 88° 55' 28" WEST AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 30 A DISTANCE OF 282.35 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION THEREOF, CONVEYED TO THE CITY OF MADERA BY DEED RECORDED MARCH 18, 1998, AS DOCUMENT NO. 9806866, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 30, THENCE SOUTH 88° 55' 18" EAST, A DISTANCE OF 90.00 FEET; THENCE NORTH 01° 04' 42" EAST, A DISTANCE OF 22.00 FEET; THENCE NORTH 39° 06' 34" WEST, A DISTANCE OF 10.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 39° 06' 34" WEST, A DISTANCE OF 50.22 FEET; THENCE SOUTH 89° 46' 00" EAST, A DISTANCE OF 18.16 FEET; THENCE SOUTH 00°14' 00" WEST, A DISTANCE OF 7.14 FEET; THENCE SOUTH 43° 29' 57" EAST, A DISTANCE OF 16.13 FEET; THENCE SOUTH 88° 55' 28" EAST, A DISTANCE OF 113.57 FEET; THENCE SOUTH 01° 04' 42" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 88° 55' 18" WEST, A DISTANCE OF 110.75 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION ACCORDING TO THAT GRANT DEED RECORDED OCTOBER 14, 2020 AS DOCUMENT NO. 2020025579, OF OFFICIAL RECORDS.

Legal Description (Starbucks Country Club Drive)
APN: 003-194-012
______________________________________________________________ Real property in the City of Madera, County of Madera, State of California, described as follows:

PARCEL NO. 2 AS SHOWN ON THAT CERTAIN PARCEL MAP, CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, RECORDED DECEMBER 29, 1981 IN VOLUME 28 OF MAPS, AT PAGE 51, MADERA COUNTY RECORDS.

EXCEPT THAT PORTION CONVEYED TO THE CITY OF MADERA BY DEED RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9425981, OFFICIAL RECORDS.

Exhibit B To Resolution No. ____
Assessment Diagrams – Zone 51
APN 012-133-039 (ARCO GAS STATION)
APN 010-193-010 (Caliber Collision)
APN 003-194-012 (Starbucks Country Club Drive)
Exhibit C To Resolution No. ____
Assessment Amounts – Zone 51
Property Assessor’s Parcel # Assessment per Parcel
Caliber Collision 010-193-010 $47.82
ARCO Gas Station 012-133-039 $136.52
Starbucks Country Club Dr 003-194-012 $47.92
Exhibit D1 To Resolution No. ____
Covenant for Caliber Collision
RECORDING REQUESTED BY:

City of Madera
WHEN RECORDED RETURN TO:

COVENANT

LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 51

WHEREAS, Mark Knox and Victoria Karlsson-Knox, Trustees of the 2004 Knox Family Revocable Trust, hereinafter referred to as “Covenantor,” is the owner of the real property situated in the City of Madera, County of Madera, State of California, hereinafter referred to as “Subject Property” and more particularly described in attached Exhibit “A” which is incorporated by reference; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and
WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor is required by the City as a condition of Site Plan Review (SPR) 2019-19 and Conditional Use Permit (CUP) 2019-12 approval to annex to the City’s Landscape Maintenance District; and
WHEREAS, the Planning Commission on September 10, 2019, approved the SPR 2019-19 and CUP 2019-12 which provided for the annexation of this commercial parcel into the aforementioned Zone of Benefit; and
WHEREAS, maintenance of the landscaping associated with the Subject Property shall be the responsibility of the City’s Landscape Maintenance District.

NOW, THEREFORE, it is agreed:

4. In consideration of the foregoing and the approval of the Site Plan Review and Conditional Use Permit for the commercial parcel, by the City of Madera, the undersigned hereby covenants, promises and agrees with the City of Madera for the benefit of said City.

5. The Covenantor consents to annexation of said Subject Property to the City’s Landscape Maintenance District, has petitioned the City to annex said Subject Property to said district pursuant to Streets and Highways Code Section 22605, and pursuant to California Constitution Article, XIII D, section 5(b), waives any right to protest or object to such annexation.

6. The Covenantor agrees that the Subject Property receives a special benefit, as the term is defined in California Constitution Article, XIII D, section 2(i), from being annexed to Landscape Maintenance District, and that special benefit includes, but is not limited to, the right and ability to develop the Subject Property.

13. The Covenantor consents to an annual assessment on the Subject Property currently in an amount not to exceed $47.82 The Covenantor agrees that this assessment is proportional to, and no greater than, the special benefit conferred on the Subject Property by being annexed into the Landscape Maintenance District. The Covenantor also consents to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost Index (ENRCC), plus two percent (2%). The Covenantor agrees that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the total change in the ENRCC Index since the most recent change in the assessment plus two percent per year.

The Covenantor further agrees that temporary decreases in assessment do not represent a waiver of other provisions of this covenant and that the assessment may later be reset to an amount consistent with the assessment prior to the reduction plus the total change in the ENRCC Index plus two percent per year but only to the degree necessary to cover actual and reasonable costs.

14. The Covenantor agrees that he/she has received the written notice required by California Constitution Article, XIII D, Section 4(c).

15. The Covenantor agrees that this shall constitute a ballot in support of the proposed assessment pursuant to California Constitution Article, XIII D, Section 4(d).

16. Furthermore, should City hold a hearing notwithstanding such waiver, Covenantor waives the requirement of 45 days’ notice of such hearing in favor of a five-day notice of such hearing.

17. The Covenantor shall fully disclose this covenant to every potential purchaser of the Subject Property.

18. It is the intention of the parties hereof that this document shall constitute a covenant in favor of the City of Madera and shall run with the land and be binding upon the undersigned, its grantees, heirs, successors and assigns.

19. The Covenant shall be released and be of no further effect upon written determination by the undersigned and the City Engineer of the City of Madera that its continued existence and enforcement are no longer necessary.

20. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any other provision or portion thereof shall not affect the validity or enforceability of any one provision thereof.

Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

21. This Covenant shall be effective on ______________, 2022.

IN WITNESS WHEREOF, the parties duly executed this Covenant.

CITY OF MADERA:

By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:

By: _______________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk
APPROVED:

By: _____________________
Keith B. Helmuth, P.E., City Engineer
COVENANTOR:
2004 Knox Family Revocable Trust
By: __________________________
Mark Knox, Trustee
By: __________________________
Victoria Karlsson-Knox, Trustee

NOTARY ACKNOWLEDGEMENT

REQUIRED
EXHIBIT “A”
Legal Description
Real property in the City of Madera, County of Madera, State of California, described as follows:

LOT 25 THROUGH 32, INCLUSIVE OF BLOCK 3 OF HUGHES ADDITION TO THE TOWN OF

MADERA, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, AS SAID LOTS AND BLOCK ARE SHOWN UPON THE MAP FILED FOR RECORD IN BOOK 4, PAGE 31 OF MAPS
APN: 010-193-010
Exhibit D2 To Resolution No. ____
Covenant for ARCO Gas Station
RECORDING REQUESTED BY:

City of Madera
WHEN RECORDED RETURN TO:

COVENANT

LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 51

WHEREAS, Millennium Acquisition LLC, a California limited liability company, hereinafter referred to as “Covenantor”, is the owner of the real property situated in the City of Madera, County of Madera, State of California, hereinafter referred to as “Subject Property” and more particularly described in attached Exhibit “A” which is incorporated by reference; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and
WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor is required by the City as a condition of Site Plan Review (SPR) 2016-35 and Conditional Use Permit (CUP) 2016-35, -36, and -37 approval to annex to the City’s Landscape Maintenance District; and
WHEREAS, the Planning Commission on December 12, 2017, approved SPR 2016- 35 and CUP 2016-35, -36, and -37 for the Arco Gas Station which provided for the annexation of the Subject Property into the aforementioned Zone of Benefit; and WHEREAS, maintenance of the landscaping associated with the Subject Property shall be the responsibility of the City’s Landscape Maintenance District.

NOW, THEREFORE, it is agreed:

7. In consideration of the foregoing and the approval of the Site Plan Review and Conditional Use Permits for the Subject Property, by the City of Madera, the undersigned hereby covenants, promises, and agrees with the City of Madera for the benefit of said City.

8. The Covenantor consents to annexation of said Subject Property to the City’s Landscape Maintenance District, has petitioned the City to annex said Subject Property to said district pursuant to Streets and Highways Code Section 22605, and pursuant to California Constitution Article, XIII D, section 5(b), waives any right to protest or object to such annexation.

9. The Covenantor agrees that the Subject Property receives a special benefit, as the term is defined in California Constitution Article, XIII D, section 2(i), from being annexed to Landscape Maintenance District, and that special benefit includes, but is not limited to, the right and ability to develop the Subject Property.

22. The Covenantor consents to an annual assessment on the Subject Property currently in an amount not to exceed $136.52. The Covenantor agrees that this assessment is proportional to, and no greater than, the special benefit conferred on the Subject Property by being annexed into the Landscape Maintenance District. The Covenantor also consents to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost Index (ENRCC), plus two percent (2%). The Covenantor agrees that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the total change in the ENRCC Index since the most recent change in the assessment plus two percent per year.

23. The Covenantor agrees that he/she has received the written notice required by California Constitution Article, XIII D, Section 4(c).

24. The Covenantor agrees that this shall constitute a ballot in support of the proposed assessment pursuant to California Constitution Article, XIII D, Section 4(d).

25. Furthermore, should City hold a hearing notwithstanding such waiver, Covenantor waives the requirement of 45 days’ notice of such hearing in favor of a five-day notice of such hearing.

26. The Covenantor shall fully disclose this covenant to every potential purchaser of the Subject Property.

27. It is the intention of the parties hereof that this document shall constitute a covenant in favor of the City of Madera and shall run with the land and be binding upon the undersigned, its grantees, heirs, successors and assigns.

28. The Covenant shall be released and be of no further effect upon written determination by the undersigned and the City Engineer of the City of Madera that its continued existence and enforcement are no longer necessary.

29. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any other provision or portion thereof shall not affect the validity or enforceability of any one provision thereof.

Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

30. This Covenant shall be effective on ___________, 2022.

IN WITNESS WHEREOF, the parties duly executed this Covenant.

CITY OF MADERA:

By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:

By: _______________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk
APPROVED:

By: _____________________
Keith B. Helmuth, P.E.,
City Engineer
COVENANTOR:

Millennium Acquisition LLC, a California
limited liability company
By: __________________________
Shawn Shiralian, Owner

NOTARY ACKNOWLEDGEMENT

REQUIRED
EXHIBIT “A”
Legal Description

ARCO GAS STATION
APN: 012-133-039
______________________________________________________________

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 30; THENCE SOUTH 88° 55' 28" EAST, ALONG THE SOUTH LINE OF SAID SECTION 30 A DISTANCE OF 90.00 FEET; THENCE NORTH 1° 04' 32" EAST, 22.00 FEET; THENCE NORTH 39° 06' 08" WEST, 10.47 FEET TO A POINT WHICH IS 30.0 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 30, AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 39° 06' 08" WEST, 53.13 FEET TO A POINT WHICH IS 50.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID SECTION 30; THENCE NORTH 0° 14' 00" EAST AND PARALLEL WITH THE WEST LINE OF SAID SECTION 30 A DISTANCE OF 255.44 FEET; THENCE SOUTH 88° 55' 28" EAST, AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 30 A DISTANCE OF 316.03 FEET; THENCE SOUTH 0° 14' 00" WEST AND PARALLEL WITH THE WEST LINE OF SAID SECTION 30 A DISTANCE OF 296.03 FEET TO A POINT WHICH IS 30.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 88° 55' 28" WEST AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 30 A DISTANCE OF 282.35 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION THEREOF, CONVEYED TO THE CITY OF MADERA BY DEED RECORDED MARCH 18, 1998, AS DOCUMENT NO. 9806866, OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE STATE OF CALIFORNIA,

DEPARTMENT OF TRANSPORTATION ACCORDING TO THAT GRANT DEED RECORDED OCTOBER 14, 2020 AS DOCUMENT NO. 2020025579, OF OFFICIAL RECORDS.

Exhibit D3 To Resolution No. ____
Covenant for Starbucks, Country Club Drive
RECORDING REQUESTED BY:

City of Madera
WHEN RECORDED RETURN TO:

COVENANT

LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 51

WHEREAS, Lojon Property LLC, a Delaware Limited Liability Company, hereinafter referred to as “Covenantor,” is the owner of the real property situated in the City of Madera, County of Madera, State of California, hereinafter referred to as “Subject Property” and more particularly described in attached Exhibit “A” which is incorporated by reference; and
WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and
WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor is required by the City as a condition of Site Plan Review (SPR) 2020-03 and Conditional Use Permit (CUP) 2020-05 approval to annex to the City’s Landscape Maintenance District; and
WHEREAS, the Planning Commission on October 13, 2020, approved the SPR 2020- 03 and CUP 2020-05 which provided for the annexation of this commercial parcel into the aforementioned Zone of Benefit; and
WHEREAS, maintenance of the landscaping associated with the Subject Property shall be the responsibility of the City’s Landscape Maintenance District.

NOW, THEREFORE, it is agreed:

10. In consideration of the foregoing and the approval of the Site Plan Review and Conditional Use Permit for the commercial parcel, by the City of Madera, the undersigned hereby covenants, promises and agrees with the City of Madera for the benefit of said City.

11. The Covenantor consents to annexation of said Subject Property to the City’s Landscape Maintenance District, has petitioned the City to annex said Subject Property to said district pursuant to Streets and Highways Code Section 22605, and pursuant to California Constitution Article, XIII D, section 5(b), waives any right to protest or object to such annexation.

12. The Covenantor agrees that the Subject Property receives a special benefit, as the term is defined in California Constitution Article, XIII D, section 2(i), from being annexed to Landscape Maintenance District, and that special benefit includes, but is not limited to, the right and ability to develop the Subject Property.

31. The Covenantor consents to an annual assessment on the Subject Property currently in an amount not to exceed $47.94. The Covenantor agrees that this assessment is proportional to, and no greater than, the special benefit conferred on the Subject Property by being annexed into the Landscape Maintenance District. The Covenantor also consents to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost Index (ENRCC), plus two percent (2%). The Covenantor agrees that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the total change in the ENRCC Index since the most recent change in the assessment plus two percent per year.

32. The Covenantor agrees that he/she has received the written notice required by California Constitution Article, XIII D, Section 4(c).

33. The Covenantor agrees that this shall constitute a ballot in support of the proposed assessment pursuant to California Constitution Article, XIII D, Section 4(d).

34. Furthermore, should City hold a hearing notwithstanding such waiver, Covenantor waives the requirement of 45 days’ notice of such hearing in favor of a five-day notice of such hearing.

35. The Covenantor shall fully disclose this covenant to every potential purchaser of the Subject Property.

36. It is the intention of the parties hereof that this document shall constitute a covenant in favor of the City of Madera and shall run with the land and be binding upon the undersigned, its grantees, heirs, successors and assigns.

37. The Covenant shall be released and be of no further effect upon written determination by the undersigned and the City Engineer of the City of Madera that its continued existence and enforcement are no longer necessary.

38. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any other provision or portion thereof shall not affect the validity or enforceability of any one provision thereof.

Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

39. This Covenant shall be effective on ______________, 2022.

IN WITNESS WHEREOF, the parties duly executed this Covenant.

CITY OF MADERA:

By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:

By: _______________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk
APPROVED:

By: _____________________
Keith B. Helmuth, P.E., City Engineer
COVENANTOR:

Lojon LLC
By: __________________________
Steve Hayes
Property Accountant

NOTARY ACKNOWLEDGEMENT

REQUIRED
EXHIBIT “A”
Legal Description
Real property in the City of Madera, County of Madera, State of California, described as follows:

PARCEL NO. 2 AS SHOWN ON THAT CERTAIN PARCEL MAP, CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, RECORDED DECEMBER 29, 1981 IN VOLUME 28 OF MAPS, AT PAGE 51, MADERA COUNTY RECORDS.

EXCEPT THAT PORTION CONVEYED TO THE CITY OF MADERA BY DEED RECORDED AUGUST 31, 1994 AS DOCUMENT NO. 9425981, OFFICIAL RECORDS.

APN: 003-194-012
Attachment 3
Map of City-Wide LMD Zones

Madera City CouncilMarch 2, 2022

Madera City Council
March 2, 2022