Agenda packet, regular meeting — Madera City Council, April 20, 2022 (part 1 of 2)

Update 4/15/2022 at 11:00 a.m. Madera City Council Agenda Page 1 of 5 April 20, 2022

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

NOTICE AND AGENDA
Wednesday, April 20, 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: 894 8004 5873#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

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: Pam Grewal, Madera Sikh Temple
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 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
Update 4/15/2022 at 11:00 a.m. Madera City Council Agenda Page 2 of 5 April 20, 2022
PRESENTATIONS:

1. American Red Cross: Sound the Alarm Campaign

2. Certificate of Recognition – Matilda Torres High School and Madera South High School HOSA Club

3. Certificate of Recognition - Madera Coalition for Community Justice recognized as the 2022 Nonprofit of the Year for Senate District 12
INTRODUCTIONS: None.

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 – 9/15/21, 10/6/21, 02/02/22
Recommendation: Approve the City Council Minutes of September 15, 2021, October 6, 2021, and February 2, 2022
B-2 Informational Report on Register of Audited Demands for Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Airport Liability Insurance Renewal
Recommendation: Adopt a Minute Order Authorizing the City Manager to execute necessary documents to bind the City’s Airport Liability Insurance renewal (Report by Wendy Silva)
B-5 Amending the Municipal Code to Remove the Superseded Section relating to the Appointment Process for Members of the Civil Service Commission Recommendation: Waive further reading and adopt an ordinance amending §2-2.303 of Title II of the Madera Municipal Code relating to the Civil Service Commission (Report by Wendy Silva)
B-6 Professional Services Agreement with MV Cheng & Associates Recommendation: Adopt a Resolution Approving a Consulting Services Agreement with MV Cheng & Associates for Interim Director of Financial Services Consulting Services (Report by Wendy Silva)
B-7 CalRecycle Grant and Payment Programs
Recommendation: Adopt a Resolution Authorizing the Submittal of Application(s) for all CalRecycle Grant and Payment Programs for which the City is eligible (Report by Daniel Foss)
B-8 Delegation of Authority to receive Federal Funding under the Federal Transit Act Section (FTA) 5339 (49 U.S.C. Section 5339) with the California Department of Transportation Update 4/15/2022 at 11:00 a.m. Madera City Council Agenda Page 3 of 5 April 20, 2022
Recommendation: Adopt a Resolution Authorizing the City Manager as the signee to execute all required documentation as it relates to the FTA and Caltrans for the 2022/23 Fiscal Year related to public transit (Report by Anthony Forestiere)
B-9 Amendment to the Management and Operations Agreement between the City and MV Public Transportation, Inc.

Recommendation: Adopt a Resolution Approving Amendment to No. 4 to the Agreement for Management and Operation of Madera Transit Services Agreement with MV Public Transportation, Inc. relating to Special Services, including the 4th of July Firework Display Show, Parades, Madera District Fair, and the Holiday Light Show (Report by Anthony Forestiere)
B-10 Madera Police Department Flooring Renovation
Recommendation: Adopt a Resolution Awarding Contract to Michael Flooring under IFB 202021-07 for the Madera Police Department flooring renovation project in the amount of $69,900 and approve a Contractor Services Agreement (Report by Dino Lawson)
B-11 Amendment to the City’s Utility Service
Recommendation: Adopt a Resolution Amending the City’s Utility Services Policy consistent with the State of California Water Resources Control Board Water Arrearages Program (Report by Anthony Forestiere)
B-12 Easement Deeds for Sidewalk Improvements for Maple, Santa Cruz, and Monterey Streets (City Project R-84)
Recommendation: Adopt a Resolution Approving Three Purchase and Sale of Real Property Agreements and Authorizing the City Clerk to prepare the Certificate of Acceptance and Record Three Easement Deeds (APN Nos. 012-093-005, 012-093-013, and 012-097-006) (Report by Keith Helmuth) B-13 Acceptance of Improvements for La Spezia II Subdivision (Tract No. 19-S-01) Recommendation: Adopt a Resolution
1) Accepting the Improvements for La Spezia II Subdivision (Tract No. 19-S-01); and 2) Authorizing the Filing of the Notice of Completion for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Completion of Subdivision Improvements (Report by Keith Helmuth)
B-14 Accepting Improvements for La Spezia III Subdivision (Tract No. 19-S-02) Recommendation: Adopt a Resolution
1) Accepting the Improvements for La Spezia III Subdivision (Tract No. 19-S-02); and 2) Authorizing the Filing of the Notice of Completion for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Completion of Subdivision Improvements (Report by Keith Helmuth)
Update 4/15/2022 at 11:00 a.m. Madera City Council Agenda Page 4 of 5 April 20, 2022
B-15 Second Reading and Adoption of an Ordinance to Rezone 0.27 acre at 801 South Gateway Drive
Recommendation: Waive full reading and adopt an Ordinance, rezoning approximately 0.27 acres at 801 South Gateway Drive (APN 011-111-005) to C2 - Heavy Commercial zone district (Report by Gary Conte)
C. PUBLIC HEARINGS:

C-1 Villages at Almond Grove Specific Plan: Specific Plan (SP) No. 2017-01 (Adopting the Villages at Almond Grove Specific Plan); General Plan Amendment (GPA) No. 2017-02; Prezone/Rezone (REZ) No. 2017-05; Zoning Ordinance/Madera Municipal Code Amendment (OTA) No. 2022-01; Environmental Impact Report (EIR) (SCH #2018081051); and Annexation (ANX) No. 2022-01
Recommendation: Hold a public hearing, and then consider the following:

1. Approve a Resolution Adopting the EIR (SCH #2018081051), that provides for the following:
a. Adoption of the findings required by CEQA Guidelines, Section 15091; b. Certification the Environmental Impact Report (SCH #2018081051) for the proposed The Villages at Almond Grove Specific Plan (a 1,883-Acre Area bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east), including General Plan Amendment (GPA 2017-02), Pre-Zoning/ Rezoning (REZ 2017-05), Annexation (ANX 2022-01), Zoning Ordinance Text Amendment (OTA 2022-01) as well as the two related Subdivisions (TSMs 2020-02 And 2020-03);
c. Adoption of the proposed Mitigation Monitoring and Reporting Program, and d. Adoption of a Statement of Overriding Considerations, pursuant to the California Environmental Quality Act (CEQA);

2. Adopt a Resolution approving General Plan Amendment (GPA) 2017-02 for the Villages at Almond Grove Specific Plan consistency with the General Plan;

3. Introduce an Ordinance of the City Council of the City of Madera adopting the proposed Villages at Almond Grove Specific Plan (Specific Plan No. 2017-01) by title only, and waive the first full reading;

4. Introduce an Ordinance of the City Council of the City of Madera amending Section 10-

3.301 of Chapter 3 of Title 10 of the City Municipal Code and adding Sections 10-3.11.601 through Section 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the City Municipal Code to provide for Specific Plan Zones (SP) by title only, and waive the first full reading; and

5. Introduce an Ordinance of the City Council of the City of Madera amending the official City of Madera Zoning Map to rezone approximately 1,883 acres within the Villages at Almond Grove Specific Plan, whose location is bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east, from Agricultural Rural Exclusive – 40 acres (ARE-40) and Agricultural Rural Exclusive – 42 acres (ARE-20), as well as PD 4500 (Planned Development, one unit per 4,500 square feet of site area) to the Specific Plan (SP) zone district by title only, and waive the first full reading.

Update 4/15/2022 at 11:00 a.m. Madera City Council Agenda Page 5 of 5 April 20, 2022

6. Consider a report on a Resolution initiating annexation of the Villages at Almond Grove Specific Plan area (Annexation No. 22-01), and consider its adoption at a subsequent meeting (Report by Gary Conte)
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: None.

ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, May 4, 2022
 Wednesday, May 18, 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 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 April 20, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 11:00 a.m. on April 15, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 1 of 7

Minutes of a Regular Meeting of the Madera City Council September 15, 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 waslive 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 enter ID: #861 9231 0224.

When an agenda item you wish to comment on is discussed, press *9 on your phone to virtually raise your hand. Press *6 to un-mute yourself to speak when the last four digits of your phone number or your name is called. 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 Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4

Absent: Vacant, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Interim Director of Financial Services Anthony Forestier, Fire Division Chief Matthew Watson, Director of Human Resources Wendy Silva, Information Services Manager Mark Souders, Planning Manager Gary Conte, Police Commander Giachino Chiaramonte, Interim Public Work Director Dan Foss, Deputy City Engineer Ellen Bitter, Senior Civil Engineer Steve Bettencourt, Administrative Analyst (Engineering) Nicole Say, and Communication Specialist Joseph Carrello.

INVOCATION: Pastor Roger Leach, Valley West Christian Center PLEDGE OF ALLEGIANCE: Police Commander Giachino Chiaramonte APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, THE AGENDA WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

Item: B-1
Minutes for: 09/15/2021
Adopted: 04/20/2022
City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 2 of 7
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
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.

No public comment was given. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

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

2. Proclamation Recognizing Old Timers’ Week

3. Proclamation Recognizing the 211th Anniversary of the Mexican Independence Day

4. Senator Anna Caballero’s 2021 Young Legislators Program INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM VILLEGAS, THE CONSENT CALENDAR WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 3 of 7
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
B-1 Minutes – 05/17/21
Recommendation: Approve the City Council Minutes of May 17, 2021 B-2 Informational Report on Register of Audited Demands for Aug. 21, 2021 to Sept. 3, 2021 Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Assignment of Grant Administrator Classification to the Competitive Service Recommendation: Waive Further Reading and Adopt an Ordinance Amending Subsection E of §2-2.305 of Title II of the Madera Municipal Code relating to Civil Service and Exceptions to the Competitive Service (Report by Wendy Silva)
ORD 978 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AMENDING SUBSECTION E OF §2-2.305 OF TITLE II OF THE

MADERA MUNICIPAL CODE RELATING TO CIVIL SERVICE AND EXCEPTIONS

TO THE COMPETITIVE SERVICE
B-5 Agreement with Quad Knopf Inc, dba QK for Professional Engineering Services for the Planning and Design of New Automatic Meter Reading (AMR) Water Meters Recommendation: Adopt a Resolution Approving an Agreement with Quad Knopf Inc, dba QK in the Amount of $281,862 for Professional Engineering Design Services for the Installation of New Automatic Meter Reading (AMR) Water Meters at Various Locations, City Project No. W-31, W-32, and W33 (Report by Keith Helmuth) RES 21-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AN AGREEMENT WITH QUAD KNOPF, dba QK

FOR PROFESSIONAL ENGINEERING SERVICES FOR CITY OF MADERA AMR WATER METER PROJECTS W-31, W- 32 AND W-33 IN THE AMOUNT OF $281,862
B-6 Ellis & D Street Subdivision – Use of County Owned Ellis Street Basin Recommendation: Authorize City Engineer to Sign and Transmit Letter to County of Madera Regarding Use of Ellis Street Basin (Report by Keith Helmuth) City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 4 of 7
B-7 Airport Access Agreement Renewal with Stephen J. and Nadine Sagouspe Recommendation: Adopt a Resolution Clarifying Resolution No. 21-109 Regarding Property Description for Airport Access Agreement with Stephen J. and Nadine Sagouspe (Report by Daniel Foss)
RES 21-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA CLARIFYING RESOLUTION NO. 21-109 REGARDING

PROPERTY DESCRIPTION FOR AIRPORT ACCESS AGREEMENT WITH
STEPHEN J. AND V. NADINE SAGOUSPE
B-8 Appointment of Patricia Carreon to the Transit Advisory Board Recommendation: Adopt a Resolution Appointing Patricia Carreon to Serve as a Member of the City of Madera Transit Board (TAB) (Report by Anthony Forestiere) RES 21-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPOINTING MS. PATRICIA CARREON AS A MEMBER OF

THE CITY OF MADERA TRANSIT ADVISORY BOARD AS DISTRICT FOUR

NOMINEE
B-9 Transfer of Community Development Block Grant (CDBG) Funds form the City’s Engineering to the Public Works Department and Approve Amendment to CDBG Subrecipient Agreement with City’s Public Works Department
Recommendation: Adopt a Resolution Approving an Amendment to CDBG Subrecipient Agreement with City’s Public Works Department, Rescinding Resolution No. 21-14 Approving Subrecipient Agreement for $36,755 with City Engineering Department, and Approving a Transfer of $36,755 in CDBG funds from the Engineering Department to Public Works(Report by Anthony Forestiere)
RES 21-128 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA,

CALIFORNIA APPROVING AN AMENDMENT TO CDBG SUBRECIPIENT

AGREEMENT WITH CITY PUBLIC WORKS DEPARTMENT, RESCINDING RESOLUTION NO. 21-14, APPROVING SUBRECIPIENTAGREEMENT FOR $36,755 WITH CITY ENGINEERING DEPARTMENT, AND APPROVING A TRANSFER OF $36,755 IN CDBG FUNDS FROM THE ENGINEERING

DEPARTMENT TOPUBLIC WORKS DEPARTMENT
C. PUBLIC HEARINGS:

C-1 Measure T Annual Expenditure Plan (AEP) for Fiscal Year 2021/22 Recommendation: Adopt a Resolution Approving the Expenditure Budget for the Various Funding Programs in the Measure T AEP for FY 2021/22 and Authorizing City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 5 of 7
Submission of Projects to Madera County Transportation Commission (MCTA) for Adoption (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM C-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
RES 21-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA

ADOPTING THE MEASURE T ANNUAL EXPENDITURE PLAN (AEP) FOR FISCAL YEAR (FY) 2020/21 AND AUTHORIZING THE CITY ENGINEER TO SUBMIT THE

PLAN TO THE MADERA COUNTY TRANSPORATION AUTHORITY (MCTA) FOR

ADOPTION
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Second Reading and Adoption of Ordinance Amending the City’s Municipal Code Relating to Cannabis and Adoption of Negative Declaration
Recommendation:
1) Waive full reading and Adopt an Ordinance of the City of Madera, California Amending Section 6-5.33 (D) Of Title VI, Chapter 5 of the Madera Municipal Code Relating to Location and Design of Cannabis Businesses [Relative to Lions Town & Country Community Park] 2) Adopt the Negative Declaration the determined that the Proposed Project will not have Significant Adverse Effects on the Environment (Report by Arnoldo Rodriguez)
Item was tabled for further discussion and review.

D-2 Initiation of Proceedings for the Annexation of the Omni Subdivision into Community Facilities District 2005-01
Recommendation:
1) Adopt a Resolution Adopting a Boundary Map Showing the Territory Proposed for Annexation to City of Madera Community Facilities District No. 2005-01; and
City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 6 of 7
2) Adopt a Resolution Declaring the City’s Intention to Authorize the Annexation of Territory into City of Madera Community Facilities District No. 2005-01 (Report by Gary Conte)
Haley Gonzalez expressed her concern at having a dispensary centrally located in the City of Madera and close to a park.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-2 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
The first resolution mentioned above was not included in the staff report; no resolution number was assigned to it.

RES 21-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY (OMNI

SUBDIVISION) TO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE

LEVY OF SPECIAL TAXES THEREIN, THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES) ANNEXATION NO. 10 E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Gallegos announced that the Madera Arts Council has an exhibit dedicated to agriculture and encouraged everyone to stop by and support the event.

Councilmember Rodriguez mentioned the City Council’s participation in the Highway 99 widening project ribbon cutting ceremony and recognized his colleagues for their time and effort to ensure the completion of the project.

Councilmember Montes mentioned the successful Highway 99 widening project ribbon cutting ceremony. He asked staff to agendize altering the Cannabis Ad Hoc Committee.

City of Madera City Council Minutes
205 W. 4th Street September 15, 2021
Madera, CA 93637 Page 7 of 7
Councilmember Evans mentioned the successful Highway 99 widening project and ceremony.

Mayor Pro Tem Villegas had nothing to report.

Mayor Garcia mentioned the Highway 99 widening project and the enjoyable and positive spirit of the ceremony.

G. CLOSED SESSION:

G-1 Public Employee Performance Evaluation – Pursuant to Government Code Section §54957(b)(1)
Title: City Clerk
G-2 Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation - Pursuant to Government Code §54956.9(d)(2)
1) Workers Compensation: Lynn Hollier – Two (2) Claims
G-3 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez
Unrepresented Employee: Director of Parks & Community Services G-4 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez and Wendy Silva Employee Groups: Mid Management Employee Group and Law Enforcement Mid Management Group
City Attorney Hilda Cantu Montoy made the Closed Session Announcement at 7:22 p.m.

Council returned from Closed Session at 8:37 p.m. with all Council present.

City Manager Arnoldo Rodriguez stated that was no reportable action.

ADJOURNMENT: The meeting was adjourned at 8:37 p.m. Next regular meeting on October 6, 2021.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes 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.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 1 of 9

Minutes of a Regular Meeting of the Madera City Council October 6, 2021 Council Chambers
6:00 p.m. City Hall
The City Council meeting was available for public viewing and participation. The 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 enter ID: #899 4207 5037. When an agenda item you wish to comment on is discussed, press *9 on your phone to virtually raise your hand. Press *6 to un-mute yourself to speak when the last four digits of your phone number or your name is called. 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:

Absent: 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, Interim Financial Services Director Anthony Forestiere, Fire Division Chief Matthew Watson, Fire Captain Vance Killion, Director of Human Resources Wendy Silva, Information Services Manager Mark Souders, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Work Director Dan Foss, Deputy City Engineer Ellen Bitter, and Communication Specialist Joseph Carrello.

INVOCATION: Rabbi Paul Gordon
PLEDGE OF ALLEGIANCE: Councilmember Montes
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER EVANS, THE AGENDA WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

Item: B-1
Minutes for: 10/06/2021
Adopted: 04/20/2022
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 2 of 9
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
City Attorney Hilda Cantu Montoy mentioned the following:

1. Now that they are all physically present, it is not a requirement that they have a roll call after each vote. They can still have roll call at the request of a Councilmember but it is not required since they are meeting physically.

2. Prior to the meeting, she had a request from a Councilmember to remind the Council that they are not to text each other regarding City business during the meeting.

Mayor Garcia wanted clarification on the voting. Ms. Montoy stated he could say, “All those in favor. All those against.”
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.

No public comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

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

2. Proclamation Recognizing Domestic Violence Awareness Month

3. Proclamation Recognizing Disability Awareness Month
INTRODUCTIONS: None
A. WORKSHOP: None
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 3 of 9
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

B-1 Minutes – 6/30/21
Recommendation: Approve the City Council Minutes of June 30, 2021 B-2 Informational Report on Register of Audited Demands for Sept. 4, 2021 to Sept. 24, 2021 Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Amendment to the City’s Transit Advisory Board (TAB) Bylaws Recommendation: Adopt a Resolution Approving Amendment No. 3 to the Transit Advisory Board Bylaws (Report by Anthony Forestiere)
RES 21-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE CITY OF MADERA

TRANSIT ADVISORY BOARD BYLAWS
B-4 Ratification of COVID-19 Emergency Policy Revisions Recommendation: Adopt a Minute Order Ratifying Issuance of Revised COVID-19 Emergency Policy No. 4 Vaccine Incentive Pay by the City Manager in his role as Director of Emergency Services (Report by Wendy Silva)
B-5 Pipeline Protection and Inspection Agreement with SFPP, L.P. (SFPP) for Inspection Services Related to the Olive Avenue Widening and Reconstruction Project Recommendation: Adopt a Resolution Approving a Pipeline Protection and Inspection Services Agreement for $17,000 with SFPP for Inspection Services Related to the Olive Avenue Widening and Reconstruction Project (Report by Keith Helmuth)
RES 21-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A PIPELINE AND INSPECTION SERVICES AGREEMENT WITH SFPP, L.P. FOR INSPECTION SERVICES RELATED TO

THE OLIVE AVENUE WIDENING AND RECONSTRUCTION PROJECT
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 4 of 9
B-6 Request for Connection to the City’s Water System
Recommendation: Adopt a Resolution Approving Agreement for Outside of City Water Service for Property Located at 27682 Pina Street (Report by Keith Helmuth)
RES 21-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE AGREEMENT WITH BLANCA HOLGUIN FOR OUTSIDE OF CITY WATER SERVICE FOR 27682 PINA STREET,

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF

THE CITY AND DIRECTING STAFF TO RECORD THE AGREEMENT
B-7 Master Agreement between the Madera County Transportation Commission and the City’s 2020/2021 Allocation of Regional Surface Transportation Program (RSTP) Exchange Funding Recommendation: Adopt a Resolution Approving the Master Agreement between the Madera County Transportation Commission (MCTC) and the City for the Fiscal Year 2020/2021 Allocation of RSTP Exchange Funding (Report by Keith Helmuth)
RES 21-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE MASTER AGREEMENT BETWEEN THE MADERA

COUNTY TRANSPORTATION COMMISSION (MCTC) AND THE CITY OF MADERA FOR THE FISCAL VEAR 2020/2021 ALLOCATION OF REGIONAL

SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUNDING
B-8 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 $17,800 (Report by Anthony Forestiere)
RES 21-136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING FIRST AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND NBS

RELATING TO RATE STUDIES FOR ADDITIONAL SERVICES AND INCREASE

OF FEES
B-9 Amendment to Agreements between the City and MV Public Transportation, Inc.

Recommendation:
1) Adopt a Resolution Approving Amendment to No. 2 to Agreement for Management and Operation of Madera Transit Services Agreement with MV Public Transportation, Inc.; and
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 5 of 9
2) Adopt a Resolution Approving Amendment No. 2 to the Lease Agreement between the City and MV Public Transportation, Inc. (Report by Anthony Forestiere)
RES 21-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR

MANAGEMENT AND OPERATION OF MADERA TRANSIT SERVICES

BETWEEN THE CITY OF MADERA AND MV PUBLIC TRANSPORTATION, INC.

RES 21-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE LEASE

AGREEMENT BETWEEN THE CITY OF MADERA AND MV PUBLIC
TRANSPORTATION, INC.

B-10 Acceptance of a Grant Award from the State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP)
Recommendation:
1) Adopt a Resolution to Accept the Grant Award in the Amount of $95,000 on behalf of the City; and
2) Adopt a Resolution Amending the City’s 2021/22 Budget to Reflect Revenues and Expenditures Related to the Grant (Report by Dino Lawson)
RES 21-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING GRANT AWARD FROM THE STATE OF

CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM IN THE AMOUNT OF $95,000 AND

DESIGNATING THE CITY MANAGER AS THE AUTHORIZING OFFICIAL TO

ACCEPT THEGRANT AWARD
RES 21-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2021/2022 BUDGET
B-11 Insurance Claim for Replacement of Four Police Units Recommendation: Adopt a Minute Order Authorizing the City Manager to Execute a Master Partial Proof of Loss in the Amount of $140,000 towards Replacement of Four Police Units and to Submit and Execute any further Related Documents to Finalize the Insurance Claim (Report by Wendy Silva) B-12 Informational Report on $100,000 Water Conservation Grant from the City to Madera Unified School District for Martin Luther King Middle School Recommendation: This report is submitted for informational purposes only and there is no action requested from Council (Report by Anthony Forestiere) City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 6 of 9
B-13 Informational Report on Community Facilities District 2005-001 Recommendation: This report is submitted for informational purposes only and there is no action requested from Council (Report by Anthony Forestiere) C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Remote City Council Meetings Under New Brown Act Requirements (AB361) Recommendation:
1) Council to Review the New Brown Act Requirements Under AB 361 for Remote Meetings, and
2) Council to Decide whether to Adopt a Resolution Authorizing Remote Teleconference Public Meetings by the City Council and all Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of Thirty Days (Report by Hilda Cantu Montoy)
DJ Becker stated that as the Chair for Block Grant Commission and the ADA Advisory Council she had concerns about any requirements for returning to in-person meetings. Attending via Zoom has been working well.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ AGAINST ITEM D-1 FAILED BY A 3/3 VOTE. NOES: COUNCILMEMBER EVANS, MAYOR PRO TEM VILLEGAS AND MAYOR GARCIA. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
NO: 3 - COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
ON MOTION BY MAYOR GARCIA AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-1 FAILED BY A 3/3 VOTE. NOES: COUNCILMEMBERS GALLEGOS, MONTES AND RODRIGUEZ.

ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 - COUNCILMEMBER EVANS
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 7 of 9

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
NO: 3 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
E. ADMINISTRATIVE REPORTS:

E-1 Cannabis Ad Hoc Committee Composition
Recommendation: Council Consider the Cannabis Ad Hoc Committee Composition and Determine Membership (Report by Arnoldo Rodriguez)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER

GALLEGOS TO NOMINATE NEW AD-HOC MEMBERS AND BE COMPRISED OF HIMSELF AND COUNCILMEMBER EVANS. 00COUNCILMEMBER EVANS WITHDREW HER NAME FROM THE NOMINATION.

Rico Saldivar stated he would like the Ad Hoc Committee to stay the same so that the process isn’t set back.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER

RODRIGUEZ TO REMOVE THE CURRENT AD-HOC COMMITTEE MEMBERS AND APPOINT

COUNCILMEMBERS GALLEGOS AND MONTES AS THE NEW CANNIBAS AD-HOC MEMBERS, ITEM E-1 FAILED BY A 3/3 VOTE. NOES: COUNCILMEMBER EVANS, MAYOR PRO TEM VILLEGAS AND MAYOR GARCIA. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT.

ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES
NO: 3 - COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER

MONTES NOMINATING COUNCILMEMBERS MONTES AND RODRIGUEZ AS THE NEW CANNABIS AD-HOC MEMBER, ITEM E-1 FAILED BY A 3/3 VOTE. NOES: COUNCILMEMBERS GALLEGOS, MONTES AND RODRIGUEZ. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT.

ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 8 of 9

COUNCILMEMBER MONTES
NO: 3 - COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Gallegos asked staff to agendize having the Cannabis Ad-Hoc Committee dissolved at the next Council meeting. There was Councilmember consensus to put that item on the agenda for formal dissolution.

Councilmember Montes thanked staff for the implementation of pedestrian safety measures in District 3 and District 4. He thanked staff for assisting Council participation in the Old Timers’ Day Parade and stated it was good to see the community out there.

Councilmember Evans stated she enjoyed the Old Timers’ Parade. She stated she also enjoyed the League of California Cities Conference and seeing a different side to the Councilmembers.

Councilmember Evans stated it was an interesting learning experience. She asked staff to agendize consideration of cannabis cultivation to a future meeting once the City Manager, City Attorney and Consultant had time to review and work on the item. There was Councilmember consensus to put that item on a future agenda.

Mayor Pro Tem Villegas stated he enjoyed participating in the Old Timers’ Day Parade . He stated he was excited about all he learned at the League of California Cities Conference.

Mayor Garcia asked everyone to say a prayer for the City Manager’s family as they contend with COVID-19.

Councilmember Gallegos acknowledged Nick Salinas for his effort to ensure the Old Timers’ Day Parade was possible. She commended Chief of Police Dino Lawson and his staff for reaching out to the community to cancel National Night Out in the interest of safety.

Councilmember Rodriguez stated that attending the League of California Cities Conference was a great experience. He thanked City Clerk Alicia Gonzales for coordinating the trip and participating at the conference.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez and Wendy Silva Employee Groups: General Bargaining Group
City of Madera City Council Minutes
205 W. 4th Street October 6, 2021
Madera, CA 93637 Page 9 of 9
G-2 Conference with Real Property Negotiators - Pursuant to Government Code Section §54956.8 Property: 1 Parcel
City of Madera APN: 035-080-026
Agency Negotiators: Keith Helmuth
Negotiating Party: Jason Sanders
Under Negotiations: Price and Terms
G-3 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representative: Mayor Santos Garcia
Unrepresented Employee: City Clerk
G-4 Conference with Legal Counsel – Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section §54956.9(d)(4) One Case: City of Madera v. High Speed Rail Authority
City Attorney Hilda Cantu Montoy made the Closed Session Announcement at 7:48 p.m.

Council returned from Closed Session at 9:26 p.m. with six (6) Councilmembers present as District 5 is currently vacant.

City Attorney Hilda Cantu Montoy stated that was no reportable action.

ADJOURNMENT: The meeting was adjourned at 9:27 p.m. Next regular meeting on October 20, 2021.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
________________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk
City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 1 of 9

Minutes of a Regular Meeting of the Madera City Council Wednesday, February 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: 899 3003 0860#. 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: Meeting was called to order at 6:00 p.m.

ROLL CALL:

All Present: 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
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, Fire Chief Matt Watson, Interim Parks Director Joseph Hebert, Interim Director of Financial Services Anthony Forestiere, Information Services Manager Mark Souders, Police Chief Dino Lawson, Interim Public Work Director Dan Foss, Deputy City Engineer Ellen Bitter, Deputy City Engineer Randy Bell, Senior Civil Engineer Steve Bettencourt, Assistant Engineer Alexis Raymundo, Administrative Analyst (Engineering) Nicole Say, Administrative Analyst (Public Works) Adam Gonzales, Police Lieutenant Josiah Arnold, and Communication Specialist Joseph Carrello.

INVOCATION: Pastor John Pursell, Believer’s Church
PLEDGE OF ALLEGIANCE: Hilda Cantu Montoy, City Attorney Item: B-1
Minutes for: 02/02/2022
Adopted: 04/20/2022 I
City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 2 of 9
APPROVAL OF AGENDA:

ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

Ms. Alisha Brown addressed the Council and shared information regarding the non-profit Project Run and the upcoming fundraising event. She also handed out invitations to the Gala including sponsorship information.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Department of Public Health Update on COVID-19 (Report by Madera County Public Health Department)
Public Health Director Sara Bosse provided a COVID-19 report update.

2. Proclamation Recognizing February as Black History Month Mayor Santos Garcia presented the Proclamation Recognizing February as Black History Month.

INTRODUCTIONS:

A. WORKSHOP:

A-1 Workshop on a Planned Caltrans Project on State Route 145 (SR 145) Recommendation: Consider Workshop Presentation and Provide Direction to Staff (Report by Keith Helmuth)
City Engineer Keith Helmuth and Caltrans staff presented the report.

City Manager comments were heard.

City Council comments were heard.

City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 3 of 9
City Attorney comments were heard.

Mayor called for a five-minute break at 7:07 p.m.

The meeting was reconvened at 7:13 p.m. with all Councilmembers present. Item C-1 was heard at this time.

The Caltrans workshop was continued at 8:15 p.m. following the Redistricting Public Hearing.

B. CONSENT CALENDAR:

ITEM B-7 WAS PULLED FOR DISCUSSION.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE CONSENT CALENDAR WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – May 20, 2021
Recommendation: Approve the City Council Minutes of May 20, 2021 B-2 Informational Report on Register of Audited Demands for January 8, 2022 to January 21, 2022
Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Ratification of COVID-19 Emergency Policy Revisions Recommendation: Adopt a Minute Order Ratifying Revisions to the following COVID-19 Emergency Policies issued by the City Manager in his role as Director of Emergency Services:
1) COVID-19 Emergency Policy No. 3: COVID-19 Prevention Program; and 2) COVID-19 Emergency Policy No. 4: COVID-19 Vaccine Incentive Pay (Report by Wendy Silva)
B-4 Bid Package 1 - Water Main Replacement at Dunham and Lewis Street, City Project No. W40 Recommendation: Approve a Minute Order Approving:

City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 4 of 9
1) Acceptance of Bid Package 1 – Water Main Replacement at Dunham and Lewis Street, City Project No. W-40
2) The Recording of Notice of Completion
3) The Release of Retention 35 days after Recording of the Notice of Completion (Report by Keith Helmuth)
B-5 Second Reading and Adoption of an Ordinance for Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection per Senate Bill (SB) 1383 Recommendation: Waive the full reading and adopt an Ordinance Amending Title V “Sanitation and Health” of the Madera Municipal Code by Adding New Chapter 3A Relating to Organic Waste Disposal Reduction, Recycling, and Solid Waste Collection and Confirming a CEQA Categorical Exemption (Report by Arnoldo Rodriguez)
ORD 983 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING TITLE V "SANITATION AND HEALTH" OF THE MADERA MUNICIPAL CODE BY ADDING NEW CHAPTER 3A RELATING TO ORGANIC WASTE DISPOSAL

REDUCTION, RECYCLING, AND SOLID WASTE COLLECTION
B-6 Letter of Support for Senate Bill 843, Renters Tax Credit Recommendation: Approve a Minute Order Approving a Letter of Support for Senate Bill 843, Renter’s Tax Credit (Report by Arnoldo Rodriguez)
B-7 Appointments to the Civil Service Commission
Recommendation: Adopt a resolution appointing the following individuals to the Civil Service Commission:

1. Summer Gonzales

2. Celeste Voyles

3. Julius Washington

4. Nick Salinas

5. Muhammad Latif

6. Saim Mohammad

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM B-7 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 5 of 9
RES 22-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING SUMMER GONZALES, CELESTE VOYLES, JULIUS WASHINGTON,

NICK SALINAS, MUHAMMAD LATIF, AND SAIM MOHAMMAD TO THE CITY

OF MADERA CIVIL SERVICE COMMISSION
C. PUBLIC HEARINGS:

C-1 7:00 p.m. - Redrawing of Council Member District Boundaries (Redistricting) Recommendation:
1) Receive a report on the redistricting process, initial draft maps, and permissible criteria to be considered to redraw district boundaries; and
2) Conduct Public Hearing #3 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)
Joanna Gin Associate with BB&K provided a presentation and report.

Mayor Garcia opened the Public Hearing at 7:48 p.m.

Spoke:

Parksdale Community Member
Written Communication Received by:

Wallace Nishimoto
City Manager comments were heard.

City Council comments were heard.

City Attorney comments were heard.

COUNCILMEMBER RODRIGUEZ MOTIONED TO CONSIDER MAP OPTIONS 1 AND 2 AND WITH ANY MODIFICATIONS FROM THE WORKSHOP SCHEDULED ON SUNDAY, FEBRUARY 6, 2022, AND RETURN TO COUNCIL WITH A FINALIZED MAP. MOTION SECONDED BY COUNCILMEMBER GALLEGOS.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER MEJIA
NO: 3 - MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Claims Settlement Authority Delegated to the City Manager City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 6 of 9
Recommendation: Waive Full Reading and Introduce an Ordinance of the City of Madera Amending Section 1-6.18 of Title I Chapter 6 of the Madera Municipal Code relating to City Manager Authority on Claims Against the City (Report by Wendy Silva)
Wendy Silva Human Resources Director provided a presentation and report.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-1 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
D-2 Landscape and Lighting Assessment District Zones of Benefit: Engineer’s Report and Intention to Levy and Collect Annual Assessment for City Wide Landscape and Lighting Assessment District Zones of Benefit for Fiscal Year 2022/2023 Recommendation:
1) Adopt a Resolution Confirming the Diagram and Assessments for Annual Levy for Fiscal Year 2022-2023 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, 44, 45-A, 46, 50 & 51 For Fiscal Year (FY) 2022/23; and 2) Adopt A Resolution of Intention To Levy And Collect Annual Assessments 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, 44, 45-A, 46, 50 & 51 For FY 2022/23 and Setting Date for Public Hearing (Report by Keith Helmuth)
Nicole Say Administrative Analyst provided a presentation and report.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-2 (1) & (2) WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ
City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 7 of 9

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-14 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING THE ENGINEERS REPORT FOR FISCAL VEAR 2022-2023 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-I, 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- B, 21-C, 21-0, 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-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 RES 22-15 A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF MADERA TO

LEVY AND COLLECT ASSESSMENTS AND SET PUBLIC HEARING DATE, TIME, AND PLACE FOR LANDSCAPE MAINTENANCE 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,10-1, 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, 44, 45-A, 46, 50 & 51 FOR FISCAL YEAR 2022/23
D-3 Contract Award for the Sidewalk Improvements Maple Street – Santa Cruz Street – Monterey Street, CDBG Project No. B19MC060053, City Project No. R-84 Recommendation: Adopt a Resolution Approving the Contract Award for Sidewalk Improvements Maple Street – Santa Cruz Street – Monterey Street, CDBG Project No. B19MC060053, City Project No. R-84, in the amount of $254,678 to Witbro, Inc. DBA Seal Rite Paving & Grading (Report by Keith Helmuth)
Alexis Raymundo Assistant Engineer provided a presentation and report.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MEJIA, ITEM D-3 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING THE CONTRACT AWARD FOR THE SIDEWALK IMPROVEMENTS City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 8 of 9

MAPLE STREET- SANTA CRUZ STREET- MONTEREY STREET, CDBG PROJECT NO. B19MC060053, CITY PROJECT NO. R-84, IN THE AMOUNT OF $254,678 TO WITBRO, INC. DBA SEAL RITE PAVING & GRADING AND AUTHORIZING

CONSTRUCTION CONTINGENCIES RELATING TO THE CONTRACT
D-4 Contract Award for the Sidewalk Improvements Lilly Street – Vineyard Avenue, CDBG Project No. B19MC060053, City Project No. R-85
Recommendation: Adopt a Resolution Approving the Contract Award for the Sidewalk Improvements Lilly Street – Vineyard Avenue, CDBG Project No.

B19MC060053, City Project No. R-85, in the amount of $183,092 to Witbro, Inc. DBA Seal Rite Paving & Grading (Report by Keith Helmuth) Alexis Raymundo Assistant Engineer provided a presentation and report.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MEJIA, ITEM D-4 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING THE CONTRACT AWARD FOR THE SIDEWALK IMPROVEMENTS LILLY STREET-VINEYARD AVENUE, CDBG PROJECT NO. B19MC060053, CITY PROJECT NO. R-85, IN THE AMOUNT OF $183,092 TO WITBRO, INC. DBA SEAL

RITE PAVING & GRADING AND AUTHORIZING CONSTRUCTION

CONTINGENCIES RELATING TO THE CONTRACT
E. ADMINISTRATIVE REPORTS:

E-1 City Contribution toward the Madera County Economic Development Commission for FY 2022/2023 in the amount of $179,428.99
Recommendation: The EDC recommends the City Council Adopt a Minute Order Approving the 2022/2023 Basic Service Level Budget as Submitted (Report by Bobby Kahn) Bobby Kahn EDC Executive Director provided a presentation and report.

City Council comments were heard.

ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER MEJIA, ITEM E-1 WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS
City of Madera City Council Minutes
205 W. 4th Street February 2, 2022
Madera, CA 93637 Page 9 of 9

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Villegas stated he noticed a lot of gang graffiti since the Christmas season and asked the Police Chief for additional patrol of the areas.

Councilwoman Gallegos thanked staff for being in attendance and showing up in the community during this COVID variant and cold temperatures.

Councilmember Rodriguez requested that staff share with the current Council the State Route 145 workshop that was previously presented by Mark Thomas. He also thanked Chief Lawson for his service and great work. Councilmember Rodriguez also thanked the attendees in the Council Chamber for their attendance at the meeting.

Mayor Pro Tem Evans thanked staff for their hard work and stated to please stay safe.

G. CLOSED SESSION:

G-1 Public Employee Performance Evaluation
Pursuant to Government Code Section 54957(b)(1)
Title: City Manager
City Attorney Hilda Cantu Montoy made the Closed Session Announcement at 9:46 p.m.

Council returned from closed session at 10:52 p.m. with seven (7) Councilmembers present.

City Manager Arnoldo Rodriguez stated there was no reportable action.

ADJOURNMENT: The meeting was adjourned at 10:53 p.m. Next regular meeting on February 16, 2022.

MINUTES PREPARED BY SANTOS GARCIA, Mayor
ALICIA GONZALES, City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 20, 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 March 26, 2022 to April 8, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of March 26, 2022 to April 8, 2022 is contained in the attachment and summarized in the following tables.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 32436 – 32554 $2,103,229.75
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $580,821.48
SDI EDD $2,533.09
CalPERS Payment CalPERS $122,296.05
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 departmentsfrom 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 32436 03/28/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES ‐ FINANCIAL SERVICES MANAGER 1,912.00 $ 32436 03/28/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES ‐ PAYROLL SPECIALIST 1,286.22 $ 32436 03/28/2022 PLANNING PLANNING ACRO SERVICE CORPORATION TEMP SERVICES ‐ PLANNER ‐ ROBERT SMITH 2,972.80 $ 32437 03/28/2022 FLEET FLEET ACQUISITION PIONEER FARM EQUIPMENT CO. NEW KUBOTA ZD1211 ZERO TURN MOWER 16,081.85 $32438 03/28/2022 PD OPS PD OPS HARRY D. WILSON INC. SERVICED 2014 HONDA #6603 817.63 $ 32439 03/28/2022 PW ADMIN WWTP SEQUOIA PUMPING, INC. WWTP SEED SLUDGE‐PS PUMPING SERVICES 6,000.00 $ 32439 03/28/2022 PW ADMIN WWTP SEQUOIA PUMPING, INC. WWTP SEED SLUDGE‐SP4500 PUMPING SERVICES 3,000.00 $ 32440 03/28/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 3,500.00 $ 32441 03/28/2022 PD OPS CODE ENF PACIFIC STORAGE COMPANY SHREDDING SERVICES 594.80 $ 32441 03/28/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 291.00 $ 32442 03/28/2022 GRANTS CDBG PUBLIC SVC HABITAT FOR HUMANITY FRESNO INC. CDBG 21‐22 PAINT PROGRAM 24,338.38 $ 32443 03/28/2022 CITY ADMIN CITY ATTORNEY COLANTUONO, HIGHSMITH & WHATLEY, PC SPECIALIZED LEGAL SERVICES FOR PROP 218 294.60 $ 32444 03/28/2022 FINANCE CITY MANAGER HINDERLITER, DE LLAMAS AND ASSOCIATES QTR 3 2021 TRANSACTIONS TAX 600.00 $32445 03/28/2022 FINANCE DRAINAGE NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 6,953.75 $32445 03/28/2022 FINANCE SOLID WASTE NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 6,397.45 $32445 03/28/2022 FINANCE UB ‐ SEWER NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 6,119.30 $ 32445 03/28/2022 FINANCE UB ‐ WATER NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 8,344.50 $32446 03/28/2022 PURCHASING AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 145.77 $32446 03/28/2022 PURCHASING ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 305.60 $32446 03/28/2022 PURCHASING BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 175.74 $32446 03/28/2022 PURCHASING CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 227.84 $ 32446 03/28/2022 PURCHASING DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 270.20 $32446 03/28/2022 PURCHASING ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 219.76 $32446 03/28/2022 PURCHASING FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 327.01 $32446 03/28/2022 PURCHASING FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 243.91 $ 32446 03/28/2022 PURCHASING FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 606.33 $32446 03/28/2022 PURCHASING GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 881.73 $32446 03/28/2022 PURCHASING PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 2,451.87 $32446 03/28/2022 PURCHASING STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 2,748.97 $ 32446 03/28/2022 PURCHASING SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 925.06 $32446 03/28/2022 PURCHASING STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 2,313.76 $32446 03/28/2022 PURCHASING TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 2,443.26 $32446 03/28/2022 PURCHASING TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 2,223.00 $ 32446 03/28/2022 PURCHASING WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 3,122.69 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT April 20, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32446 03/28/2022 PURCHASING WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 404.47 $ 32446 03/28/2022 PURCHASING WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 165.04 $32446 03/28/2022 PURCHASING PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/01/22 ‐ 03/15/22 7,322.99 $32447 03/28/2022 GRANTS CALTRANS ‐ TRANSIT WSP USA INC. MADERA TRANSIT PLAN CONSULTANT 4,327.71 $ 32448 03/28/2022 ENGINEERING ENGINEERING SIJ HOLDINGS LLC RECRUITMENT AD ‐ CONSTRUCTION INSPECTOR 848.70 $ 32449 03/28/2022 GRANTS PARKS NISH‐KO INC IFB ‐ LTC BALLFIELD RENOVATIONS 65,216.00 $ 32450 03/28/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,110.00 $ 32450 03/28/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 2,675.00 $ 32451 03/28/2022 FINANCE AIRPORT OPS AT&T 02/22 SERVICE 831‐000‐6408‐576 589.42 $32451 03/28/2022 FINANCE BUILDING AT&T 02/22 SERVICE 831‐000‐6408‐576 119.94 $ 32451 03/28/2022 FINANCE CITY ATTORNEY AT&T 02/22 SERVICE 831‐000‐6408‐576 39.07 $32451 03/28/2022 FINANCE CITY CLERK AT&T 02/22 SERVICE 831‐000‐6408‐576 32.90 $ 32451 03/28/2022 FINANCE CODE ENF AT&T 02/22 SERVICE 831‐000‐6408‐576 657.27 $ 32451 03/28/2022 FINANCE COMM & REC AT&T 02/22 SERVICE 831‐000‐6408‐576 1,836.11 $ 32451 03/28/2022 FINANCE COMPUTER MAINT AT&T 02/22 SERVICE 831‐000‐6408‐576 124.05 $ 32451 03/28/2022 FINANCE ENGINEERING AT&T 02/22 SERVICE 831‐000‐6408‐576 275.52 $ 32451 03/28/2022 FINANCE FINANCE AT&T 02/22 SERVICE 831‐000‐6408‐576 93.90 $ 32451 03/28/2022 FINANCE FIRE AT&T 02/22 SERVICE 831‐000‐6408‐576 1,179.52 $ 32451 03/28/2022 FINANCE GRANT OVERSIGHT AT&T 02/22 SERVICE 831‐000‐6408‐576 115.14 $ 32451 03/28/2022 FINANCE HR/RISK MGT AT&T 02/22 SERVICE 831‐000‐6408‐576 78.13 $32451 03/28/2022 FINANCE PLANNING AT&T 02/22 SERVICE 831‐000‐6408‐576 100.75 $ 32451 03/28/2022 FINANCE UB ‐ GARBAGE AT&T 02/22 SERVICE 831‐000‐6408‐576 228.90 $ 32451 03/28/2022 FINANCE UB ‐ SEWER AT&T 02/22 SERVICE 831‐000‐6408‐576 228.91 $ 32451 03/28/2022 FINANCE UB ‐ WATER AT&T 02/22 SERVICE 831‐000‐6408‐576 457.83 $ 32451 03/28/2022 FINANCE CITY MANAGER AT&T 02/22 SERVICE 831‐000‐6408‐576 39.07 $32451 03/28/2022 FINANCE PD OPS AT&T 02/22 SERVICE 831‐000‐6408‐576 657.27 $ 32452 03/28/2022 FINANCE COMM & REC AT&T 02/22 CALNET 3 SERVICE 9391026396 237.89 $32452 03/28/2022 FINANCE MEAS K ‐ FIRE AT&T 03/22 CALNET 3 SERVICE 9391068734 45.93 $32452 03/28/2022 FINANCE SR CITIZEN COMM AT&T 02/22 CALNET 3 SERVICE 9391026403 25.51 $32452 03/28/2022 FINANCE SR CITIZEN COMM AT&T 02/22 CALNET 3 SERVICE 9391026398 22.57 $ 32452 03/28/2022 FINANCE PD OPS AT&T 02/22 CALNET 3 SERVICE 9391026401 22.56 $ 32452 03/28/2022 FINANCE PD OPS AT&T 02/22 CALNET 3 SERVICE 9391059143 1,082.18 $ 32453 03/28/2022 PW ADMIN WATER OPS BOTWRIGHT JR., JOHN D. PER DIEM ‐ CRWA EXPO 2022 181.50 $32454 03/28/2022 PW ADMIN WATER OPS BROOKS, ERIC PER DIEM ‐ CRWA EXPO 2022 150.50 $32455 03/28/2022 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER LEASE 02/22 26.67 $ 32455 03/28/2022 PURCHASING BUILDING CANON FINANCIAL SERVICES COPIER LEASE 02/22 8.21 $ 32455 03/28/2022 PURCHASING CITY ATTORNEY CANON FINANCIAL SERVICES COPIER LEASE 02/22 0.92 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32455 03/28/2022 PURCHASING CITY CLERK CANON FINANCIAL SERVICES COPIER LEASE 02/22 102.34 $ 32455 03/28/2022 PURCHASING CODE ENF CANON FINANCIAL SERVICES COPIER LEASE 02/22 111.75 $ 32455 03/28/2022 PURCHASING COMPUTER MAINT CANON FINANCIAL SERVICES COPIER LEASE 02/22 15.15 $ 32455 03/28/2022 PURCHASING ENGINEERING CANON FINANCIAL SERVICES COPIER LEASE 02/22 491.02 $ 32455 03/28/2022 PURCHASING FINANCE CANON FINANCIAL SERVICES COPIER LEASE 02/22 238.91 $ 32455 03/28/2022 PURCHASING GRANT OVERSIGHT CANON FINANCIAL SERVICES COPIER LEASE 02/22 38.84 $ 32455 03/28/2022 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE 02/22 127.02 $ 32455 03/28/2022 PURCHASING PARKS ADMIN CANON FINANCIAL SERVICES COPIER LEASE 02/22 469.71 $ 32455 03/28/2022 PURCHASING PLANNING CANON FINANCIAL SERVICES COPIER LEASE 02/22 161.89 $ 32455 03/28/2022 PURCHASING SEWER OPS CANON FINANCIAL SERVICES COPIER LEASE 02/22 37.89 $ 32455 03/28/2022 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE 02/22 37.89 $ 32455 03/28/2022 PURCHASING TRANS ‐ FIXED CANON FINANCIAL SERVICES COPIER LEASE 02/22 61.16 $ 32455 03/28/2022 PURCHASING TRANS ‐ DAR CANON FINANCIAL SERVICES COPIER LEASE 02/22 61.16 $ 32455 03/28/2022 PURCHASING UB ‐ WATER CANON FINANCIAL SERVICES COPIER LEASE 02/22 226.31 $ 32455 03/28/2022 PURCHASING WATER OPS CANON FINANCIAL SERVICES COPIER LEASE 02/22 181.26 $ 32455 03/28/2022 PURCHASING WATER QUALITY CANON FINANCIAL SERVICES COPIER LEASE 02/22 122.32 $ 32455 03/28/2022 PURCHASING WWTP CANON FINANCIAL SERVICES COPIER LEASE 02/22 173.78 $ 32455 03/28/2022 PURCHASING PURCHASING CANON FINANCIAL SERVICES COPIER LEASE 02/22 134.18 $ 32455 03/28/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES MPD COPIER 02/22 166.85 $ 32455 03/28/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES COPIER LEASE 02/22 751.47 $ 32456 03/28/2022 IS COMPUTER MAINT DELL COMPUTER CORPORATION NETWORK ATTACHED STORAGE SERVERS 32,064.89 $ 32457 03/28/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 03/01/22‐03/15/22 13,500.00 $32458 03/28/2022 PD OPS PD OPS FRESNO CITY COLLEGE ACADEMY INSTRUCTOR CERTIFICATION COURSE 236.00 $ 32459 03/28/2022 PD OPS SUPP LAW ENF J'S COMMUNICATIONS RADIO ACCESSORIES 856.19 $ 32460 03/28/2022 PD OPS PD OPS KAISER FOUNDATION HEALTH PLAN PRE‐EMPLOYMENT EXAMS 834.00 $ 32461 03/28/2022 PW ADMIN WATER OPS LARA, RENE PER DIEM ‐ CRWA EXPO 2022 181.50 $32462 03/28/2022 PD OPS MEAS K ‐ PD LEHR AUTO ELECTRIC FIXED CAMERA SYSTEM 48,408.51 $ 32463 03/28/2022 PW ADMIN AIRPORT OPS CITY OF MADERA SIGN PERMIT ‐ APN 013‐010‐040 182.37 $ 32464 03/28/2022 GRANTS CDBG PUBLIC SVC MADERA CHAMBER OF COMMERCE CDBG CV 02/22 APPLICATION 5,000.00 $ 32465 03/28/2022 FINANCE PD OPS MADERA COUNTY TREASURER 02/22 CO PORTION OF PARKING PENALTIES PAID 703.00 $32466 03/28/2022 CITY CLERK CITY CLERK MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 40.00 $ 32466 03/28/2022 CITY CLERK CITY COUNCIL MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 120.00 $ 32466 03/28/2022 CITY CLERK ENGINEERING MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 40.00 $ 32466 03/28/2022 CITY CLERK FINANCE MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 40.00 $ 32466 03/28/2022 CITY CLERK FIRE MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 40.00 $ 32466 03/28/2022 CITY CLERK PLANNING MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 40.00 $ 32466 03/28/2022 CITY CLERK SUPP LAW ENF MADERA COUNTY E D C EDC STATE OF THE CO LUNCHEON ‐ 2022 80.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32466 03/28/2022 CITY CLERK CITY MANAGER MADERA COUNTY E D CEDC STATE OF THE CO LUNCHEON ‐ 2022 $ 40.00 32467 03/28/2022 PW ADMIN AIRPORT OPS STREETER, JEFF STREETER RELOCATION ‐ PMT 3, 4, AND 5 OF 5 $ 15,000.00 32468 03/28/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE $ 325.0032468 03/28/2022 PLANNING PLANNING MADERA TRIBUNE RECRUITMENT AD ‐ ASSOCIATE PLANNER $ 72.20 32469 03/28/2022 PW ADMIN SEWER OPS MATHIES, MICHAEL PER DIEM ‐ CRWA EXPO 2022 $ 150.5032470 03/28/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 07/21‐02/22 REVISED $ 213,776.05 32470 03/28/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 03/22 $ 393,798.37 32471 03/28/2022 FINANCE ZONE 34B PACIFIC GAS & ELECTRIC 02/22 SERVICE 0443905948‐8 $ 10.5232472 03/28/2022 FINANCE FINANCE PHOENIX GROUP INFO SYS 02/22 CITATIONS $ 235.89 32472 03/28/2022 FINANCE PARKING DIST OPS PHOENIX GROUP INFO SYS 02/22 CITATIONS $ 101.09 32473 03/28/2022 PW ADMIN SEWER OPS STATE WATER RESOURCES CONTROL BOARD EXAMINATION FEE T1 ‐ BARKER JEFF $ 50.00 32474 03/28/2022 FINANCE AIRPORT OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 64.8832474 03/28/2022 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 152.91 32474 03/28/2022 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 76.0232474 03/28/2022 FINANCE ENGINEERING VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 50.9732474 03/28/2022 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 51.4432474 03/28/2022 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 152.04 32474 03/28/2022 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 4.58 32474 03/28/2022 FINANCE GRANT OVERSIGHT VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 50.9732474 03/28/2022 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 38.0132474 03/28/2022 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 0.54 32474 03/28/2022 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 101.94 32474 03/28/2022 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 13.5932474 03/28/2022 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 3.74 32474 03/28/2022 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 0.47 32474 03/28/2022 FINANCE UB ‐ WATER VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 5.72 32474 03/28/2022 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 142.74 32474 03/28/2022 FINANCE WATER QUALITY VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 38.01 32474 03/28/2022 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 114.11 32474 03/28/2022 FINANCE MEAS K ‐ PD VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 81.62 32474 03/28/2022 FINANCE CITY MANAGER VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 45.8132474 03/28/2022 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 02/11/22‐03/10/22 $ 685.12 32475 03/28/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 1,360.00 32476 03/28/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 3,000.00 32477 03/28/2022 FINANCE WATER FUND AR REFUNDS METER 10 DEPOSIT REFUND $ 1,700.00 32478 03/28/2022 FINANCE WATER FUND AR REFUNDS METER 25 DEPOSIT REFUND $ 1,700.00 32479 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 146.18

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32479 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $32480 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 153.50 $ 32480 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1.50 32481 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 146.18 32481 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1.50 32482 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 234.08 32482 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1.50 32483 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 146.18 32483 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1.50 32484 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 146.18 32484 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1.50 32485 03/28/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 182.80 32485 03/28/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1.50 32486 03/28/2022 ENGINEERING WESTBERRY DIF BOND ENCROACH MELANIE MEADOWS REIMBURSMENT $ 7,521.0432487 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 325 STINSON $ 172.67 32488 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 924 E LINCOLN $ 20.2832489 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 124 SUSAN $ 117.5232490 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 968 SAN CARLOS $ 49.53 32491 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 901 PAINTBRUSH $ 145.38 32492 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 705 S D $ 55.4832493 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 612 ADELAIDE $ 58.26 32494 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1110 SENECA $ 32.94 32495 03/28/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS $ 153.04 32496 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 513 E CLARK $ 52.72 32497 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1709 CAMINO $ 27.22 32498 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 18 BREEZE $ 246.5332499 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2805 FALCON $ 87.62 32500 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 313 E 9TH $ 222.25 32501 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UBTERM REFUND 1053 CYPRESS $ 24.48 32502 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 722 E 6TH $ 251.4532503 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 909 CUTTING $ 176.4632504 03/28/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3404 AVALON $ 30.77 32505 04/04/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES ‐ FINANCIAL SERVICES MANAGER $ 2,210.75 32505 04/04/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES ‐ PAYROLL SPECIALIST 1,319.20 $ 32506 04/04/2022 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 1,600.00 $ 32507 04/04/2022 CITY ADMIN CITY ATTORNEY MONTOY LAW CORPORATION CITY ATTORNEY CONTRACTED LEGAL SERVICES 25,276.50 $ 32508 04/04/2022 GRANTS TRANS ‐ FIXED MV TRANSPORTATION, INC. 01/22 TRANSIT OPERATOR $ 79,087.59

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32508 04/04/2022 GRANTS TRANS ‐ FIXED MV TRANSPORTATION, INC. 02/22 TRANSIT OPERATOR 62,228.89 $32508 04/04/2022 GRANTS TRANS ‐ DAR MV TRANSPORTATION, INC. 01/22 TRANSIT OPERATOR 37,776.89 $32508 04/04/2022 GRANTS TRANS ‐ DAR MV TRANSPORTATION, INC. 02/22 TRANSIT OPERATOR 38,306.11 $32509 04/04/2022 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES 04/22 $ 4,000.00 32510 04/04/2022 FINANCE CENTRAL ADMIN THE PUN GROUP PROFESSIONAL AUDITING SERVICES FY 20/21 $ 18,045.0032511 04/04/2022 CITY CLERK CITY CLERK GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL TO CITY ATTORNEY $ 15.77 32512 04/04/2022 ENGINEERING RSTP ‐ FED EX MID CAL PIPELINE & UTILITIES, INC. R‐10 PHASE 2, OLIVE AVE WIDENING/RECONST $ 253,006.28 32513 04/04/2022 FLEET FLEET ACQUISITION RCA INVESTMENTS 2021 BMW R1250 RT‐P #6606 $ 29,294.86 32513 04/04/2022 FLEET FLEET ACQUISITION RCA INVESTMENTS 2021 BMW R1250 RT‐P #6608 $ 29,294.86 32513 04/04/2022 FLEET FLEET ACQUISITION RCA INVESTMENTS 2021 BMW R1250 RT‐P #6607 $ 29,294.86 32514 04/04/2022 PW ADMIN STREETS O&E TRANSPORTATION LLC RIVER CLEAN UP $ 23,470.00 32515 04/04/2022 HR INS/RISK MGT VIDEGAIN, ALICIA REIMBURSEMENT ‐ LIONS 5K 2022 $ 48.50 32516 04/04/2022 FINANCE AIRPORT OPS AT&T 03/22 CALNET 3 SERVICE 9391026409 $ 22.99 32516 04/04/2022 FINANCE CENTRAL ADMIN AT&T 03/22 CALNET 3 SERVICE 9391026406 $ 20.88 32516 04/04/2022 FINANCE FINANCE AT&T 03/22 CALNET 3 SERVICE 9391026406 $ 20.8932516 04/04/2022 FINANCE HR/RISK MGT AT&T 03/22 CALNET 3 SERVICE 9391026400 $ 22.56 32516 04/04/2022 FINANCE PARKS AT&T 03/22 CALNET 3 SERVICE 9391026412 $ 167.47 32516 04/04/2022 FINANCE PARKS ADMIN AT&T 03/22 CALNET 3 SERVICE 9391031580 241.33 $32516 04/04/2022 FINANCE SEWER OPS AT&T 03/22 CALNET 3 SERVICE 9391031570 $ 211.6532516 04/04/2022 FINANCE SEWER OPS AT&T 03/22 CALNET 3 SERVICE 9391026410 $ 43.4432516 04/04/2022 FINANCE SR CITIZEN COMM AT&T 03/22 CALNET 3 SERVICE 9391026415 $ 61.9932516 04/04/2022 FINANCE WWTP AT&T 03/22 CALNET 3 SERVICE 9391026405 $ 23.6832516 04/04/2022 FINANCE WWTP AT&T 03/22 CALNET 3 SERVICE 9391026417 $ 32.3532516 04/04/2022 FINANCE PD OPS AT&T 03/22 CALNET 3 SERVICE 9391020514 $ 167.08 32516 04/04/2022 FINANCE PD OPS AT&T 03/22 CALNET 3 SERVICE 9391026414 $ 324.23 32517 04/04/2022 HR INS/RISK MGT ARNOLD, JOSIAH REIMBURSEMENT ‐ LIONS 5K 2022 $ 48.5032518 04/04/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 02/22 BLOOD ALCOHOL ANALYSIS $ 2,030.00 32518 04/04/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES ‐ 10/21‐12/21 $ 1,876.98 32519 04/04/2022 HR INS/RISK MGT CHIARAMONTE, GIACHINO REIMBURSEMENT ‐ LIONS 5K 2022 $ 48.50 32520 04/04/2022 FINANCE COMPUTER MAINT COMCAST 03/22/22 SERVICE 8155500320322006 $ 92.8832521 04/04/2022 HR FLEET MAINT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL/ DOT DRUG TESTS $ 69.00 32521 04/04/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL $ 623.00 32521 04/04/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL/ DOT DRUG TESTS $ 151.00 32521 04/04/2022 HR WWTP CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL/ DOT DRUG TESTS $ 37.00 32522 04/04/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS 04/22 TELEPHONE ANSWERING SERVICE $ 115.00 32523 04/04/2022 FACILITIES FACILITIES MAINT FASTENAL COMPANY TOOL DEALS FOR FACILITIES 1,033.93 $ 32523 04/04/2022 FACILITIES FACILITIES MAINT FASTENAL COMPANY SAWZALL BLADES 278.03 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32524 04/04/2022 PD OPS PD OPS GAONA, JUAN TUITION REIMBURSEMENT $ 484.50 32525 04/04/2022 FACILITIES DRAINAGE INDUSTRIAL ELECTRICAL CO. REBUILD MOTOR $ 4,588.75 32526 04/04/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9890379 $ 200.00 32527 04/04/2022 WATER OPS WATER OPS MADERA PUMPS, INC. WELL 34 ‐ MOTOR PULLED $ 185.0032528 04/04/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 8126770647‐1 $ 245.4432528 04/04/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 3819620697‐3 $ 28.0732528 04/04/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 03/22 SERVICE 8307681856‐2 $ 1,185.14 32528 04/04/2022 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 03/22 SERVICE 2000655655‐7 $ 1,216.74 32528 04/04/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 3352588453‐3 $ 115.24 32528 04/04/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 3499945233‐6 $ 87.82 32528 04/04/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 7949615676‐5 $ 17.54 32528 04/04/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 6690755760‐8 $ 80.42 32528 04/04/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 1619119913‐8 $ 97.82 32528 04/04/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 9172110863‐6 $ 14,819.01 32529 04/04/2022 ENGINEERING MEAS T ‐ RTP AVISON CONSTRUCTION INC CONSTRUCTION OF THE TRAFFIC SIGNAL $ 26,466.6732530 04/04/2022 ENGINEERING WATER CAPITAL QUAD‐KNOPF ENGINEERING PROFESSIONAL ENGINEERING SERVICES $ 18,182.71 32531 04/04/2022 STREETS STREETS SEAL RITE PAVING ASPHALT PATCHING $ 25,568.00 32532 04/04/2022 PW ADMIN WWTP STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING SERVICES $ 2,359.50 32533 04/04/2022 PW ADMIN WATER OPS UNDERGROUND SERVICE ALERT CA STATE FEE FOR REGULATORY COSTS $ 495.83 32534 04/04/2022 PARKS PARKS VILLA GARDENING SERVICE INC 12/21 LAWN SERVICE ‐ ACCORNERO $ 330.0032534 04/04/2022 PARKS PARKS VILLA GARDENING SERVICE INC 02/22 LAWN SERVICE ‐ ACCORNERO $ 330.0032534 04/04/2022 PARKS PARKS VILLA GARDENING SERVICE INC 03/22 LAWN SERVICE ‐ ACCORNERO $ 330.0032535 04/04/2022 BUILDING BUILDING BLDING/PLAN REFNDS REFUND DOUBLE PAYMENT $ 87.90 32536 04/04/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 1,662.00 32536 04/04/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES $ 43.18 32537 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 711 VINEYARD $ 94.6232538 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 716 PEAR $ 8.40 32539 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 216 ASILOMAR $ 156.80 32540 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 983 LAS CASAS $ 174.89 32541 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2448 TREVOR $ 119.88 32542 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 133 S WOLFTRAP $ 241.6632543 04/04/2022 FINANCE WATER UTILITY OTP‐ UB REFUNDS UB TERM REFUND ‐ 10000409 $ 24.29 32544 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 832 KIWI $ 177.9432545 04/04/2022 FINANCE WATER UTILITY OTP‐ UB REFUNDS UB TERM REFUND ‐ 992629 $ 150.00 32546 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2320 ALDERWOOD $ 141.94 32547 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 920 W YOSEMITE $ 246.2932548 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3603 ROCKY BOTTOM $ 26.66

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32549 04/04/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 150.98 $32550 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 327 S K $ 125.3732551 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 344 W CLEVELAND $ 200.3332552 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1108 NEBRASKA $ 159.53 32553 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1474 ARDILLA $ 144.72 32554 04/04/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1017 JOY $ 18.08 56 03/30/2022 HR CITY CLERK EMPLOYEE BENEFIT SPECIALISTS, INC. FEBRUARY BENEFIT PREMIUMS $ 848.0056 03/30/2022 HR PAYROLL TRUST EMPLOYEE BENEFIT SPECIALISTS, INC. FEBRUARY BENEFIT PREMIUMS $ 334,650.05 56 03/30/2022 HR PD OPS EMPLOYEE BENEFIT SPECIALISTS, INC. FEBRUARY BENEFIT PREMIUMS $ 848.00 57 03/30/2022 FINANCE WWTP BOND ADMN BBVA USA 2021 WASTEWATER REV REF BOND PMT $ 73,505.00 58 03/29/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 03/29/22 $ 20.34 BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 2,103,229.75

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 20, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

This report is submitted for informational purposes only and there is no action requested from the City Council (Council).

SUMMARY:

The purpose of this report is to provide the Council a monthly informational update on employment matters, including new hires, transfers, and terminations.

DISCUSSION:

The Civil Service Commission met April 5, 2022, and approved eligibility lists for the following classifications:
▪ Police Officer Trainee
▪ Animal Control Officer
▪ Public Safety Dispatcher
▪ Records Clerk
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Orlando Perez Park Aide Parks & Community
Services
PT 3/10/22
Azeema Prakash Administrative Analyst Administration FT 3/28/22 B-3
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Richard Seaton Combination Building
Inspector
Building PT 4/4/22
Sonia Haro Park Aide Parks & Community
Services
PT 4/4/22
Kassandra Garcia Program Leader I Parks & Community
Services
PT 4/4/22
Brian Daniel Rosas Police Officer Trainee Police FT 4/9/22 Marco Martinez Police Officer Trainee Police FT 4/9/22
Daisy Hernandez Records Clerk Police FT 4/9/22
Eli Nunez Public Works
Maintenance Worker I
Public Works –
Water Division
FT 4/11/22
Brian Zamora Public Works
Maintenance Worker I
Public Works –
Streets Division
PT 4/12/22
Seth Ervin Head Lifeguard Parks & Community
Services
PT 4/13/22
*Status: PT = Part Time, FT = Full Time
The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Miguel Palacios Parks Worker I Parks Worker II 3/5/22
Olga Saucedo Garcia Planning Department
Assistant
Recreation/Community
Programs Coordinator
3/14/22
Jaime Holt Park Aide Part Time Office Assistant I 3/14/22 The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Steven Woodworth Chief Building Official Building FT 3/11/22 Lorraine Hoppe Administrative Assistant Engineering PT 3/11/22 Table 3: Separations, continued
Name Position Department Status* Effective
Date
David Herspring Police Officer II Police FT 3/29/22
Adam Klier Assistant Planner Planning FT 4/1/22
Anthony Sanchez Public Works Maintenance
Worker II
Public Works –
Streets Division FT 4/8/22
Jefferson Holcomb Combination Building
Inspector Building FT 4/8/22
*Status: PT = Part Time, FT = Full Time
FINANCIAL IMPACT:

Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.

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:

This report is for informational purposes only.

ATTACHMENTS:

None

Airport Liability Insurance Renewal
RECOMMENDATION:

Adopt a minute order authorizing the City Manager to execute necessary documents to bind the City’s Airport Liability Insurance renewal
SUMMARY:

The City of Madera owns and operates a municipal airport. Most of the City’s insurance coverage for liability and property damage is obtained through the Central San Joaquin Valley Risk Management Authority (CSJVRMA), a Joint Powers Authority of municipalities that pool risk.

However, airport liability coverage is excluded from the CSJVRMA pooled coverage. For this reason, staff works with Seabury, Copland & Anderson Insurance Agency of Madera to identify and obtain airport liability coverage. The coverage is typically on a three (3) year cycle and is due for renewal May 1, 2022. The requested action is to authorize the City Manager to execute necessary documents to bind coverage.

DISCUSSION:

The Madera Municipal Airport is a general aviation airport owned and operated by the City of Madera. The airport is situated on approximately 524 acres on the northwest edge of the City and is supervised by the Public Works Department. The Madera Municipal Airport is a nontowered airport. As a result, instead of logging flight plans with the airport or receiving instructions from a tower controller, pilots follow FAA recommended procedures. The airport includes fixed base operators that provide various services related to aviation, hanger leases for City-owned hangars, and land leases for those who desire to build their own hangar and improvements on the site. The airport also hosts special events such as the Porsche Club of America and Gathering of Warbirds Reunion & Classic Car Show, as well as community events.

B-4
The City purchases airport liability insurance to provide coverage for risks associated with owning and operating an airport. Most of the City’s insurance needs are met through the CSJVRMA, however the CSJVRMA excludes coverage for airport liability as not all member cities have airports. For this reason, staff works with Seabury, Copland & Anderson Insurance Agency of Madera to identify and obtain appropriate coverage. The coverage is typically on a three (3) year cycle and is due for renewal May 1, 2022. The City typically purchases a policy with limits of $5 million. The requested action is to authorize the City Manager to execute necessary documents to bind coverage once the quotes are received and staff at Seabury, Copland & Anderson recommend binding coverage.

FINANCIAL IMPACT:

The policy premium is included in the annual operating budget for the airport. The airport is selfsupporting and does not receive any subsidies from the City’s general fund. Revenues from the airport fund the cost of operations and maintenance, with the surplus going into the enterprise Airport Fund.

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:

Council could direct staff to obtain different policy limits or decline coverage.

ATTACHMENTS:

None.

Amending the Municipal Code to remove the superseded section relating to the appointment process for members of the Civil Service Commission
RECOMMENDATION:

Waive further reading and adopt an ordinance amending §2-2.303 of Title II of the Madera Municipal Code relating to the Civil Service Commission SUMMARY:

The City Council recently adopted an ordinance amending §2-3.101 of Title II, Chapter 3 of the Madera Municipal Code relating to the appointment process for all City Boards, Committees, and Commissions. This new code section supersedes any existing processes set by code, resolution, and/or minute order. Section 2-2.303 of the Municipal Code provides an appointment process for Civil Service Commissioners and sets the term for Commissioner appointments, which now refers to a section of the code that was replaced by the aforementioned update.

The City Council took action to introduce the proposed ordinance at its April 6, 2022, meeting.

Following that introduction, a summary of the ordinance was published in the Madera Tribune on Saturday, April 9, 2022. The requested action is to adopt the ordinance amending the Municipal Code as proposed.

DISCUSSION:

The Civil Service Commission (Commission) is established in Chapter 2 of the City’s Municipal Code. The Commission reviews recruitments and certifies the list of eligible candidates for full time employment with the City. The Commission also is the hearing body for appeals related to employment practices, including employee discipline, application of the City’s Personnel Rules, and hiring practices.

B-5
Currently, §2-2.303 of the Municipal Code provides an appointment process for Civil Service Commissioners and sets the term for Commissioner appointments. This appointment process and term designation are no longer applicable as the recently approved modifications to §2-

3.101 provide for the appointment process to be followed for all City boards, Committees, and Commissions as well as the term of appointees. The proposed ordinance would update the code section regarding the Civil Service Commission to reference §2-3.101 as the appointment process and term of appointees. The proposed ordinance is a clean-up item to ensure there is no confusion created by having a code section published that is no longer applicable.

The City Council took action to introduce the proposed ordinance at its April 6, 2022, meeting.

Following that introduction, a summary of the ordinance was published in the Madera Tribune on Saturday, April 9, 2022, with a link to view the proposed ordinance online. The requested action is to adopt the ordinance amending the Municipal Code as proposed.

FINANCIAL IMPACT:

There is no anticipated financial impact beyond nominal costs associated with publication of the ordinance in the local newspaper. Adequate funds have been budgeted to cover publication fees.

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:

Council may direct staff to draft further revisions to the code regarding the Civil Service Commission.

ATTACHMENTS:

1. Ordinance
ORDINANCE NO. 22-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 2-2.303 OF TITLE II, CHAPTER 2 OF THE MADERA

MUNICIPAL CODE RELATING TO THE CIVIL SERVICE COMMISSION THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 2-2.303 of the Madera Municipal Code is amended to read as follows:
§2-2.303 CIVIL SERVICE COMMISSION.
(A) There is created a Civil Service Commission (Commission) to consist of seven members to be appointed as provided in §2-3.101.
(B) Chairperson.

Annually, the Commission shall, by majority vote, designate one of its members as the chair of the Commission in a manner consistent with the Civil Service Commission Rules of Procedure.
(C) Qualifications.

Members of the Civil Service Commission shall be residents of the city. No person shall be appointed to the Commission who holds any employment with the city. Nor shall any member be employed by or under the direct supervision of any current member of the City Council.

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.
*****************

Professional Services Agreement with MV Cheng & Associates RECOMMENDATION:

Adopt a resolution approving a Consulting Services Agreement with MV Cheng & Associates for Interim Director of Financial Services consulting services SUMMARY:

The City currently has a critical vacancy for the position of Director of Financial Services. The City is in need of securing services to help bridge the gap until full time staff is hired through the normal recruitment and selection processes required in the City’s Administrative Policies for atwill employees. The City has conducted two (2) open recruitments, however has not yet identified a candidate of choice. The City has been operating with an interim Director through an internal out-of-class assignment while backfilling with other temporary staff, however the City will not be able to continue this assignment without financial penalty under California Public Employees Retirement System (CalPERS) rules. Working collaboratively, the City Manager and Human Resources Department explored several options for filling the immediate needs, including:
▪ Contacting consulting firms;
▪ Contacting temporary staffing alternatives through a cooperative purchasing agreement; ▪ Direct contact with individuals who may be interested in part time employment; and ▪ Advertisement with the League of California Cities Western City magazine for direct, part time employment.

After reviewing candidates proposed under all four scenarios, the City was able to identify a highly qualified candidate for Interim Director of Financial Services through MV Cheng & Associates. The City Manager is recommending the City enter into an agreement with MV Cheng B-6
& Associates to provide consulting services in the Director of Financial Services role, which is the action contemplated by this report.

DISCUSSION:

The City’s Director of Financial Services position became vacant in September 2021. While the City has conducted two (2) open recruitments, a candidate of choice has not been identified for the position, necessitating a new recruitment. The City’s Financial Services Manager has been serving as the City’s Interim Director of Financial Services, however this interim assignment will run into conflict with CalPERS rules and result in financial penalty to the City should the assignment continue once the recruitment is re-opened. The City Manager and Human Resources Department have made contacts with financial consulting firms, temporary staffing firms, and individuals who may be interested in part time employment with the City in an effort to identify a qualified candidate to act as the City’s Interim Director of Financial Services so that the recruitment efforts may continue. Many candidates were reviewed through a paper screening process and one candidate offered through MV Cheng & Associates was identified as the individual to best meet the City’s current needs.

Based on the outcome of this process, the City Manager is recommending the City engage MV Cheng & Associates to provide services to fill the Director of Financial Services role. MV Cheng & Associates will provide a consultant to work on site providing needed guidance and assistance to finalize the close of the Fiscal Year 2020/21 books, assist in developing the 2022/23 operating budget, and begin the Fiscal Year 2021/22 audit. Per the proposed agreement, the individual consultant assigned is subject to the approval of the City Manager. A Professional Services Agreement has been prepared to engage the services of MV Cheng & Associates. The agreement is provided as Exhibit 1 to the proposed resolution.

The City has previously utilized MV Cheng & Associates for assistance in filling positions within the City’s Finance Department and was pleased with the specific candidates provided based on their professional experience and work product, specifically in the roles of Financial Services Manager and Procurement Services Manager.

FINANCIAL IMPACT:

The bill rate for the proposed services is $160 per hour. The City anticipates utilizing these services for a period of several months while the recruitment and hiring process for a full time Director are completed. There may be a need for a brief overlap to allow for knowledge transfer, however the agreement and services are intended as a stop gap measure on an interim basis only. Because of vacancies in full time budgeted positions, salary savings exist to pay for the temporary staffing services within the adopted Fiscal Year budget.

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:

Council could direct staff to solicit additional proposals or applications for employment.

ATTACHMENTS:

1. Resolution
a. Exhibit 1 to Resolution: Professional Services Agreement with MV Cheng & Associates
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING AN

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF MADERA AND MV

CHENG & ASSOCIATES
WHEREAS, the City of Madera has a need to secure immediate expert financial consulting services due to a vacancy in the Director of Financial Services position during the critical processes of closing the Fiscal Year 2020/21 books, preparing the 2022/23 operating budget, and beginning the Fiscal Year 2021/22 audit; and
WHEREAS, the City sought candidates available immediately through consulting firms and temporary staffing agencies, as well as considered direct-hire part time employees; and WHEREAS, due to the urgent nature of the City’s need to secure competent financial consulting services in this capacity, it is not in the best interest of the City to conduct a formal bidding process; and
WHEREAS, after reviewing multiple options, the City Manager has determined that MV Cheng & Associates has the staffing and expertise to provide necessary immediate consulting services in the role of Director of Financial Services; and WHEREAS, an agreement has been prepared between the City of Madera and MV Cheng & Associates for professional consulting services that is in the best interests of both parties.

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

1. The above recitals are true and correct.

2. The Agreement for Professional Services between the City and MV Cheng & Associates, a copy of which is attached hereto as Exhibit 1 and incorporated herein, is approved.

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

Page 1 of 9 ends

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made and entered into the 20th day of April, 2022, by and between MV Cheng and Associates (“Firm”) and the City of Madera (“City”).

RECITALS
A. The City has an immediate need for professional finance and accounting services due to an ongoing vacancy in the City’s Finance Department for the position of Director of Financial Services.

B. Firm has the professional competence, experience, and qualifications to provide professional finance and accounting services required by City.

C. City desires to retain Firm to provide said services.

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.

2. Services. The City hereby contracts with Firm to provide services herein set forth at the compensation and upon the terms and conditions herein expressed, and Firm hereby agrees to perform such services for said compensation, and upon said terms and conditions. City hereby authorizes Firm to commence work immediately upon approval of this agreement by the City Council at a scheduled meeting of said governing body.

3. Obligations, duties and responsibilities of Firm. It shall be the duty, obligation and responsibility of the Firm, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in Exhibit A. Exhibit A is attached and incorporated by reference.

4. Compensation. City shall compensate Firm for professional services at the rate of $160 per hour for consulting services.

5. Assignment of Personnel. MV Cheng & Associates will provide a qualified individual to serve as Director of Financial Services Consultant to the City. Personnel assigned are subject to the approval of the City Manager.

6. Billings and Payments.

6.1 Firm shall submit a billing statement which will include services by Firm provided monthly in arrears, no later than the tenth of the month following the month service was rendered. The billing statement shall be submitted to the City’s designee.

Page 2 of 9 ends

6.2 Billings are to be made directly to the following address:

City of Madera
Attn: Wendy Silva
205 W. 4th Street
Madera, CA 93637
[email protected]

6.3 The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed.

6.4 City shall make payments monthly based on a monthly itemized billing statement for the previous month. City shall make its best effort to process payments promptly and not later than 30 days after receiving Firm’s monthly billing statement.

7. Term and Termination.

7.1 This Agreement shall be effective on April 20, 2022, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect unless otherwise terminated earlier by one of the parties. Firm may be contacted following termination of the Agreement for clarification and consultation on matters covered during performance of the scope of services. Any such contact will be billed in accordance with Section 4 of this Agreement.

7.2 City reserves the right to discharge Firm and terminate this Agreement at any time. In the event of such discharge or termination, the City shall compensate Firm for services rendered up to and including the date of termination. City shall terminate services and/or the Agreement by delivering to Firm a written notice specifying the extent to which services and/or the Agreement are terminated and the effective date of the termination. Notice of termination shall be emailed as follows:

MV Cheng & Associates
Misty Cheng, President & CEO
[email protected]

7.3 Firm may terminate this Agreement at any time by giving the City not less than fifteen (15) days prior written notice. Notices required under this section shall be emailed as follows:

City of Madera
Wendy Silva, Director of Human Resources
[email protected]

8. Insurance and Indemnification.

8.1 During the term of this Agreement, Firm shall maintain, keep in force, and pay all premiums required to maintain and keep in force the policies and limits of such

Page 3 of 9 ends

policies as required in Exhibit B of this Agreement. Exhibit B is attached and incorporated by reference.

8.2 To the furthest extent allowed by law, Firm shall indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of Firm, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. The obligations under this paragraph are in addition to, and are not limited by any insurance which Firm is otherwise required to maintain under this Agreement.

9. Independent Contractor. In performance of the work, duties and obligations assumed by Firm under this Agreement, it is mutually understood and agreed that Firm, including any and all of Firm’s officers, agents, and employees, will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as servant, employee, agent, partner, or associate of City. Because of its status as an independent contractor, Firm and its employees shall have absolutely no right to employment rights and benefits available to City employees. Firm shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Firm shall be solely responsible and hold City harmless from all matters related to payment of Firm’s employees, including compliance with social security, withholding, and all other regulations governing such matters.

10. Hiring of Consultant’s Associates and/or Subcontractors. City agrees that each of Consultant’s associates and/or subcontractors will only be able to obtain a direct contract or professional services agreement with the City, only after the expiration of the contract or professional services agreement with Consultant AND only after 2 years from the expiration date of the contract or professional services agreement with Consultant. City agrees to hire one of Consultant’s associates and/or subcontractors as a full time, permanent, fully benefited employee of the City, only after City has performed a recruitment AND the associate and/or subcontractor has billed 960 hours to the City. If City employs Consultant’s associates and/or subcontractors through another temporary service or staffing agency, City agrees to pay a fee of 10% of the associate and/or subcontractor’s annualized wages based on the hourly rate charged, to Consultant.

11. Compliance with Law. Firm shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, and directives, and all provisions required to be included are incorporated by reference.

12. Miscellaneous.

Page 4 of 9 ends

12.1 Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

12.2 Governing Law. The parties agree that this Agreement shall be governed and constructed by and in accordance with the Laws of the State of California.

12.3 Required License and Professional Credentials. Firm and personnel providing services shall maintain all licenses and professional credentials necessary for the provision of such services. Firm shall promptly notify City of changes of status or events that might impact the provision of professional services to City.

12.4 Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

12.5 Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

12.6 Incorporation of Documents. All documents constituting the Agreement documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

12.7 Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

12.8 Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

12.9 Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

12.10 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

12.11 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

12.12 Venue. In the event that suit is brought by eith "r party hereunder, the parties agree that trial of such action shall be vested exclusive y in the state courts of California in the County of Madera or in the United States Distr ct Court for the Eastern District of California.

12.13 Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement m, y recover its reasonable costs, including reasonable attorney's fees, incurred or expendec in connection with such action against the non-prevailing party.

13. Signatures. The individuals executing this Agreement re~ resent and warrant that they have the right, power, legal capacity, and authority to enter i ~to and to execute this Agreement on behalf of the respective legal entities of the Firm and the City.

MV CHENG & ASSOCIATES
Misty ctier: 7
President & CEO
Date:-~-~ ~{_7-___ ~• 2022
ATTEST
Alicia Gonzales, City Clerk
Date: ________ _, 2022

CITY OF MADERA
Santos Garcia, Mayor
Date: 2022 ----------

APPROVED AS TO FORM
Hilda Cantu Montey, City t ttorney
Date: 2022 ---------t--'

Page 5 ends

Page 6 of 9 ends

EXHIBIT A

SCOPE OF SERVICES
Firm will provide professional accounting and finance services to include:

1. Oversee and direct the operations and services of the Financial Services Department, which includes utility billing, business licensing, payroll, general accounting, expenditure control, purchasing, and grants administration.

2. Provide complex staff support to the City Manager and City Council.

3. Hold supervisory responsibility for originating, carrying out, reviewing, interpreting, and coordinating policies in the administration of a diversified accounting operation.

4. Assist in the preparation, implementation, and control of the City’s annual operating and capital improvement budgets through the preparation of budget detail; forecast revenues, expenditures, and year-end balances. This includes the City acting as the Successor Agency to the former Redevelopment Agency.

5. Monitor and approve expenditures, advise appropriate department personnel on budget matters; make adjustments to the budget as necessary through appropriate action based on authority provided in the annual Budget Resolution.

6. Prepare and present financial and administrative reports and resolutions to the City Council.

7. Oversee internal and external audits of municipal funds and procedures; supervise inventory of City property.

8. Assist the City Manager in overseeing and managing the City’s investment portfolio.

9. Serve as a resource for Finance department staff, City staff, and other organizations; coordinate pertinent information, resources, and work teams as necessary to support a positive and productive work environment.

Page 7 of 9 ends

EXHIBIT B

INSURANCE REQUIREMENTS
Insurance Requirements.

Without limiting Firm’s indemnification of City, and prior to commencement of Work, Firm shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Sub-consultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance:

Firm shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products, and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage should be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
• $1,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Firm arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies. • Workers’ Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Firm shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
• $1,000,000 Professional Liability (Errors & Omissions) per claim in the aggregate. Firm shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Firm agrees to maintain continuous coverage through a period of no less than three years after completion of services required by this Agreement.

Page 8 of 9 ends

Maintenance of Coverage.

Firm shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Firm, its agents, representatives, employees, subcontractors, or sub-consultants as specified in this Agreement.

Proof of Insurance.

Firm shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers.

All insurance policies shall be issued by an insurance company currently authorized by the insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation.

All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed too waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Firm, or others providing insurance evidence in compliance with these specifications, to waive their right to recovery prior to a loss. Firm hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its sub-consultants or subcontractors.

Enforcement of Contract Provisions (non estoppel).

Firm acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Firm of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting.

Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Firm maintains

Page 9 of 9 ends

higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Firm.

Notice of Cancellation.

Firm agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions.

Any self-insured retentions must be declared to and approved by City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Selfinsurance will not be considered co comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims.

Firm shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Firm’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance.

Firm shall also procure and maintain, at its own cost an expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 20, 2022
_________________________________ Agenda Number: ___________ Dan Foss, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

CalRecycle Grant and Payment Programs
RECOMMENDATION:

Adopt a resolution authorizing the submittal of application(s) for all CalRecycle Grant and Payment Programs for which the City is eligible
SUMMARY:

The California Department of Resources Recycling and Recovery (CalRecycle) offers funding opportunities authorized by legislation to assist public and private entities in the safe and effective management of the waste stream.

Annually, the City applies for multiple grants with CalRecycle such as the City County Beverage Container Program, Senate Bill (SB) 1383 Local Assistance Grant, and Local Government Waste Tire Cleanup Grant Programs.

The City County Beverage Container Program provides annual funding for efforts dedicated to addressing recycling challenges, aid in increasing beverage container collection, and reducing beverage container litter in the waste stream. These efforts can come in the form of purchasing beverage recycling containers or in the form of informational media services such as video and radio commercials. An example of the media services would be a video or radio commercial educating citizens and business owners on how to properly recycle in blue container recycling, so they do not include contaminated materials in their recycling bins. The City, on average, is awarded $16,300 annually via this grant.

The SB1383 Local Grant Assistance Program is a new grant available to the City in the amount of $87,811. This is a one-time grant program meant to provide aid in the implementation of SB 1383 B-7
regulations. SB 1383 establishes methane reduction targets for California, with the goal of reducing greenhouse gas emissions and address food insecurity. The grant provides funding for implementation of regulation requirements such as but not limited to capacity planning, collection, education and outreach, and procurement requirements.

The Local Waste Tire Clean Up Grant Program administers funds to pay for the cleanup of illegally dumped waste tires. The funds are budgeted so the City receives funding for personnel time dedicated to these waste tire abatement duties and for equipment or any materials needed. In 2021, the City was granted $249,991. Whereas, in 2022, the City is being offered a grant amount of $98,990. The difference between these two amounts is because the City was receiving more funding given that the City and Madera County were applying jointly. However, the County recently notified City staff that they will be applying on their own this year.

The list of the eligible funds for the current and past year are listed below in Table 1.

Table 1: 2021 & 2022 Awarded Funds
Grant
Year
2021 2022
City County Beverage Container Program $16,543 $16,662
Local Government Waste Tire Cleanup Grant $248,991 $98,990 SB1383 Local Assistance Grant N/A $87,811
Total $265,534 $203,463
DISCUSSION:

CalRecycle requires a resolution be included with the submission of the annual grant applications.

The resolution authorizes the submittal for any and all grant programs provided by CalRecycle in addition to recognizing the authorized signature authorities, which will be the City Manager and Public Works Director. In addition, CalRecycle requires the resolution be updated every five years.

The City last adopted a resolution on February 17, 2016 meeting CalRecycle requirements. Given the five-year expiration period, the resolution expired February 17, 2021. A new resolution would allow the acceptance of the $203,463 in grant funding. Renewal of a resolution would occur again on April 20, 2027.

FINANCIAL IMPACT:

If approved, the City would be eligible to receive in excess of $200k. Funding for future years are unknown; however, it is likely that funding is likely based on previous allocations. Said funds are much needed to continue to provide quality service that the community has come to expect.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Approval of this Resolution is addressed in the Vision Plan for a Quality Environment within Strategy #437 – Promote recycling through multiple programs.

ALTERNATIVES:

If Council chooses not to adopt this resolution, the City will not be able to acquire the grant funding and will have to find other means of funding to pay for the services that these grant funds assist with, which may result in the termination of specific services provided if additional funding is not secured
ATTACHMENTS:

1. Resolution
RESOLUTION NO.

RESOLUTION OF THE CITY OF MADERA AUTHORIZING SUBMITTAL OF

APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS

FOR WHICH THE CITY IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

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. The City of Madera is authorized to submit an application to CalRecycle for any and all grant and payment programs offered.

3. The Public Works Director or City Manager, or their designee is hereby authorized and empowered to execute in the name of the City of Madera all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

4. These authorizations are effective from the date of adoption through April 20, 2027 (maximum of five (5) years).

5. This resolution is effective immediately upon adoption. * * * * * * * * * *
----

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: April 20, 2022
Agenda Number: B-8
Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Delegation of authority to receive Federal funding under the Federal Transit Act Section (FTA) 5339 (49 U.S.C. Section 5339) with the California Department of Transportation (Caltrans) RECOMMENDATION:

Approve resolution authorizing the City Manager as the signee to execute all required documentation as it relates to the FTA and Caltrans for the 2022/23 Fiscal Year related to public transit.

SUMMARY:

The City is identified as a Direct Recipient in receiving Urbanized Area (UZA) Program Funds through the FTA to support capital and operating assistance projects for non-urbanized public transportation system under Section 5339 of the FTA C 5100.1. This resolution, from the Caltrans, would authorize the City Manager as the signee to execute all required documentation as it relates to the FTA and the DOT for the 22/23 Fiscal Year.

The City Manager is also authorized to provide additional information as the Caltrans may require in connection with all FTA and Caltrans grant applications and reimbursement of funds relating to Section 5339 projects.

DISCUSSION:

FTA requires a signee on all documentation relative to applying for and receiving funds. It is up to the discretion of Council who the authorized signee is. At present, all FTA grant reporting documentation is signed by the City Manager. Consequently, staff is requesting approval of appointing the City Manager as the authorized signee to execute required documentation. This proposed resolution is limited to applying for and receiving FTA funds. All expenditure proposals must be approved by Council.

FINANCIAL IMPACT:

This resolution has no impact to the City’s General Fund, rather transit services and personnel time is expended through Local Transportation Funds and other Transit related budgets which are grant funded. Consequently, there is no direct impact to the City’s General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The Management and Operations Agreement supports the Vision Madera 2025 Plan as follows:
▪ Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles. ▪ Strategy 431.1:
o Continue and expand use of low emission or alternative energy source vehicles for all public jurisdictions.

ALTERNATIVES:

As an alternative, Council may:

1. Direct staff to authorize personnel other than City Manager.

ATTACHMENTS:

1. Attachment A – Resolution
RESOLUTION NO. 22-____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C.

SECTION 5311) and/or 5339 (49 U.S.C. SECTION 5339) WITH CALIFORNIA

DEPARTMENT OF TRANSPORTATION
WHEREAS, the U. S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for non-urbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1G), and Section 5339 of the Federal Transit Act (FTA C 5100.1); and WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 and Section 5339 grants for transportation projects for the general public for the rural transit and intercity bus; and WHEREAS, the City of Madera desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in County of Madera; and WHEREAS, the City of Madera has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City of Madera Council does hereby Authorize the City Manager to file and execute applications on behalf of with the Department to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1G), as amended, and pursuant to Section 5339 of the Federal Transit Act (FTA C 5100.1), as amended.

That City Manager is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Department.

That City Manager is authorized to provide additional information as the Department may require in connection with the application for the Section 5311 and/or Section 5339 projects.

That City Manager is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5311 and or Section 5339 project(s).

PASSED AND ADOPTED by the City Council of the City of Madera, State of California, at a regular meeting held on the ______ date of ______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

CITY OF MADERA
By: _________________________________
Santos Garcia, Mayor
Date: _______________________________
APPROVED AS TO FORM:

By: _________________________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _________________________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: April 20, 2022
Agenda Number: B-9
Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the Management and Operations Agreement between the City and MV Public Transportation, Inc.

RECOMMENDATION:

Adopt a Resolution Approving Amendment No. 4 to the Agreement for Management and Operation of Madera Transit Services Agreement with MV Public Transportation, Inc.

Relating to Special Services, including the 4th of July, Parades, the Fair, and the Holiday Light Show
SUMMARY:

Amendment No. 4 to the Management and Operations Agreement (Agreement) updates the required Scope of Work for MV Public Transportation, Inc (MVPT Inc.) to include shuttle services using Madera Metro Transit Vehicles. The Greater Madera Kiwanis Club has partnered with the City and County to assist in the preparation for the 4th of July “Fireworks Extravaganza”. In addition, the City has several other community events that necessitate special services. This item covers said events.

DISCUSSION:

The City proposed the idea of providing shuttle services to the community for the coming 4 th
of July “Firework Extravaganza” event with the use of City transit vehicles. Shuttle services will encourage community participation and ease traffic congestion for the event. Similar requests have been made by the City and provided by MVPT Inc. for previous events such as the Annual Jolley Lights Tour. Additionally, MVPT Inc. participated in the Evening Lions Club and Downtown Association Christmas Parade. The purpose of this Agreement amendment request is to update MVPT Inc.’s Scope of Work with annual events where their participation will be required. Table 1 identifies the events and type of service to be provided by MVPT Inc.

Table 1: Annual Special Events Requiring Special Bus Service Event Service to Be Provide Day Time
4th of July Fireworks Display show Shuttling July 4th Varies Madera District Fair Shuttling Varies Varies
Evening Lions Club and Downtown
Association Christmas Parade
Shuttling and Participation Varies Varies
Jolly Trolley Lights Tour Shuttling Varies Varies
FINANCIAL IMPACT:

Transit services and personnel time is expended through Local Transportation Funds and other Transit related budgets which are grant funded.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The Management and Operations Agreement supports the Vision Madera 2025 Plan as follows:
 Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles.  Strategy 431.1:
o Continue and expand use of low emission or alternative energy source vehicles for all public jurisdictions.

ALTERNATIVES:

As an alternative, Council may:

1. Direct staff to retain the current language or direct other terms to the Agreement.

ATTACHMENTS:

1. Attachment A – Resolution Approving Amendment No. 4

2. Exhibit A – Management & Operation Agreement, Amendment No. 4 RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT FOR

MANAGEMENT AND OPERATION OF MADERA TRANSIT SERVICES
BETWEEN THE CITY OF MADERA AND MV PUBLIC TRANSPORTATION, INC.

WHEREAS, the City of Madera (City) and MV Public Transportation, Inc. (MVPTI) entered an agreement for the Management and Operation of Madera Transit Services (Agreement) on November 7, 2018; and
WHEREAS, the Parties entered Amendment No. 1 on July 1, 2021 extending the Agreement to June 30, 2022; and
WHEREAS, the Parties entered Amendment No. 2 to the Agreement on October 6, 2021, to extend the Agreement to June 30, 2023; to meet required FTA provisions and language for the Agreement between the City and Contractor; and
WHEREAS, the Parties entered Amendment No. 3 to the Agreement on December 1, 2021, to modify the Driver Certification requirements and Holiday Schedule; and WHEREAS, a further Amendment to the Agreement is needed to Amend the Scope of Work.

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. 4 to the Agreement for Management and Operations with MV Public Transportation, Inc. which is attached as Exhibit A and incorporated by reference.

3. This resolution is effective immediately upon adoption. ***
AMENDMENT NO.4 TO AGREEMENT FOR MANAGEMENT AND OPERATION OF MADERA TRANSIT SERVICES BETWEEN THE CITY OF MADERA AND MV PUBLIC TRANSPORTATION, INC.

This Amendment No. 4 to the Agreement for Management and Operation of Madera Transit Services between the City of Madera (City) and MV Public Transportation, Inc. (Contractor) is entered into effective April 6, 2022.

RECITALS
WHEREAS, the City and Contractor entered into an Agreement for the Management and Operations of Madera Metro Transit Services (Agreement) on November 7, 2018; and WHEREAS, the Parties entered Amendment No. 1 to the Agreement on July 1, 2021, to extend the Agreement to June 30, 2022; and
WHEREAS, the Parties entered Amendment No. 2 to the Agreement on October 6, 2021, to extend the Agreement to June 30, 2023, to meet required FTA provisions and language for the Agreement between the City and Contractor; and
WHEREAS, the Parties entered Amendment No. 3 to the Agreement on December 1, 2021, to modify the Driver Certification requirements and Holiday Schedule; and WHEREAS, the Parties wish to enter Amendment No. 4 to as set forth herein.

AMENDMENT
SECTION 1. Section 3.a.1 – “Scope of Work – Key Personnel/Management” of the Agreement is amended to now read as follows:
1) Key Personnel/ Management: During the term of this Agreement, CONTRACTOR shall provide sufficient executive and administrative personnel specializing in transportation services as shall be necessary and required to perform its duties and obligations under the terms hereof. The CONTRACTOR shall provide general and specific management of day-to-day operations for the CITY’s fixed-route, demandresponse, ADA/Paratransit, and shuttling service for predetermined special events.

The CONTRACTOR shall oversee the operation of the service using a full-time, on-site General Manager. The CONTRACTOR shall always provide appropriate management coverage. There shall be no periods when managers are all assigned to non-MTD work (e.g., for corporate level meetings, responding to other non-MTD problems, etc.). This includes corporate management led meetings on MTD property. * Shuttling Service for Predetermined Special Events are defined as:
• City’s Annual 4th of July Event
• Annual Madera District Fair
• Madera Evening Lions Club and Madera Downtown Association Christmas Parade
• City’s Annual Jolly Trolley Lights Tour
Specifics such as Day(s), Time and Duration, Number of Buses and Drivers are to be coordinated between the Transit Program Manager and the Transit Operator General Manager
SECTION 2. Except as amended by this Amendment No. 4, all terms and conditions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have executed or caused this Amendment No. 4 to Agreement to be executed as of the date and year written above.

CITY OF MADERA MV PUBLIC TRANSPORTATION, INC.

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

REPORT TO CITY COUNCIL
Council Meeting of: April 20, 2022
Agenda Number:

Dino Lawson, Police Chief
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Police Department Flooring Renovation
RECOMMENDATION:

Adopt a resolution awarding contract to Michael Flooring under IFB 202021-07 for the Madera Police Department flooring renovation project in the amount of $69,900 and approve a Contractor Services Agreement.

SUMMARY:

The City of Madera Community Police Facility was built in 2007 and operates on a ceaseless basis to serve and protect all residents of the City. The laminate and carpet flooring in certain areas of the building have experienced heavy use over the last fourteen (14) years from constant foot traffic.

Staff prepared an Invitation for Bid (IFB) No. 202021-07 outlining the required services necessary to renovate designated areas of the facility from laminate and carpet surfaces to polished concrete flooring. The planned work will consist of the removal of existing carpet and laminate tile, the sanding of the concrete underlayer, and the polishing and restoration of said concrete.

The project will also include installation of sound deafening panels in certain areas of the building anticipated to offset the amplification and bouncing of noise created by the polished concrete flooring. The project was delayed while we considered various flooring surface options. It is recommended the project be awarded to the lowest responsive and responsible bidder, Michael Flooring.

DISCUSSION:

The City of Madera Community Police Facility is a 17,249 ft2 building that was put into service B-10 fl/M (¾uanunca
~ 12.,,l,,_:rrr
fourteen (14) years ago. As the facility operates on a twenty-four (24) hour basis, high-traffic areas are exposed to heavy use and therefore wear and tear. Approximately 5400 ft2 of flooring surface is proposed to be renovated to polished concrete, and an additional 200 ft2 will be renovated to bare concrete.

The advertisement for the IFB was duly noticed in the Madera Tribune newspaper on May 19, 2021. The IFB was distributed to Builders Exchanges in Fresno, Modesto, and Visalia. The bid documents were also made available to the Kern-Minority Contractors Association in Bakersfield; posted on EBidBoard.com, an online listing service for contractors accessible from the City’s website as well as to other contractors that regularly access EBidBoard’s website directly; and posted on the Purchasing page of the City’s website.

On June 10, 2021, the City received three responses. All bids were checked for accuracy against bidding requirements of the bid documents and responsive bids were evaluated.

The bids received are listed in Table 1.

Table 1: Ranking of Bids Received
Rank Contractor Bid Amount
1 Michael Flooring $69,900.00
2 Ro’s Precise Painting, Inc. $76,679.00
3 47th Place Carpet One $82,439.25
Michael Flooring submitted the lowest responsive, and responsible bid that meets the requirements set forth in the IFB. This project was initially delayed because of concerns with the flooring surface. After conducting additional research, staff is recommending proceeding with the project. The proposed renovation to polished concrete surfaces is anticipated to provide a better look and feel compared to existing surfaces while enduring the heavy foot-traffic associated with the police department’s operations. Bidders agreed to hold pricing. If approved the project is expected to commence within 30 days of the project award. The project is expected to take 45 days to complete.

FINANCIAL IMPACT:

The project cost based on bids received will be $69,900. Adequate funds were appropriated in the current fiscal year budget. The costs associated with the proposed work shall be solely funded by revenues collected through Measure K.

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:

Council may elect to reject all bids received and request staff publish a new IFB.

Furthermore, Council may decide to award the contract to the next bidder at a higher cost.

ATTACHMENTS:

1. Contract Award Resolution
a. Exhibit 1 Agreement
ATTACHMENT 1
Contract Award Resolution
RESOLUTION NO. 22-

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

CONTRACT AWARD FOR RENOVATION OF EXISTING FLOORING TO POLISHED CONCRETE FLOORING AT THE MADERA POLICE DEPARTMENT, IFB 202021-07, IN THE AMOUNT OF $69,900 TO MICHAEL FLOORING AND AUTHORIZE CONSTRUCTION CONTINGENCIES RELATED

TO THE CONTRACT
WHEREAS, on May 19, 2021, the City of Madera (City) Purchasing Division advertised Invitation for Bids 202021-07 for the renovation of existing flooring surfaces at the Madera Police Department to polished concrete flooring, hereinafter referred to as “the Project”;and WHEREAS, three sealed bids were received on June 10, 2021, and opened by the Procurement Services Manager; and
WHEREAS, Michael Flooring was the lowest responsive and responsible bidder; and WHEREAS, funding for the Project is appropriated in the Measure K Police Budget for Fiscal Year 2021/22.

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. The contract for the Madera Police Department Flooring Renovation Project in the amount of $69,900.00 with Michael Flooring, a copy of which is attached hereto as Exhibit 1 and referred to for particulars, is approved.

3. Council authorized Construction Contingencies of up to five percent as approved by the City Manager.

4. This Resolution is effective immediately upon adoption. *******
EXHIBIT 1
Agreement
THIS AGREEMENT made this 20th day of April 2022, between the City of Madera, hereinafter called “OWNER”, and Michael Flooring doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the following CONTRACT DOCUMENTS, attached hereto as Exhibit A:
a) IFB 202121-07 Polished Concrete Flooring; Madera Police Department b) Addenda No. 1, dated 05/26/2021
c) Addenda No. 2, dated 06/01/2021
d) Addenda No. 3, dated 06/03/2021
e) Michael Flooring Bid Proposal

2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $69,900.00, each, and Insurance Certificates as specified in the “IFB 20021-07 Polished Concrete Flooring; Madera Police Department” attached hereto as Exhibit A prior to commencing any WORK.

4. The CONTRACTOR shall perform, to the satisfaction of City in accordance with this Agreement, the WORK described in the “IFB 20021-07 Polished Concrete Flooring; Madera Police Department” attached hereto as Exhibit A and incorporated by herein by this reference. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

5. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Eight Hundred Seventy Dollars ($870.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

7. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided. 8A. CLAIMS RESOLUTION PROCESS FOR DISPUTES.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(1) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.
(2) Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (3) Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than a prevailing wage rate, shall be paid to each worker by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents CONTRACTORS in a specific trade from the 1 to 5 ratio on a local or statewide basis the member CONTRACTORS will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORS on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

14. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property.

The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.

15. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

16. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This contract shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

17. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS” of the Contract Documents.

19. Amendments. Any changes to this Agreement requested by either City or Michael Flooring may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Michael Flooring shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by Michael Flooring;

2. A failure by Michael Flooring to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by Michael Flooring to City.

In no event shall any payment by City or acceptance by Michael Flooring constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party.

Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Michael Flooring the repayment to City of any funds disbursed to Michael Flooring under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:

City of Madera Police Department
330 South C Street
Madera, Ca 93638

Notice of Termination shall be mailed to the Contractor:

Michael Flooring
6500 District Blvd.

Bakersfield, Ca 93313
All notices and communications from Michael Flooring shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

21. Compliance with Laws. City shall comply with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services.

Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.

22. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.

23. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

24. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

25. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of Michael Flooring hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that Michael Flooring is a duly organized and legally existing corporation in good standing in the State of California.

26. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

27. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, City shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.
28 Sole Agreement. This instrument constitutes the sole and only Agreement between City and Michael Flooring in connection to the Project and correctly sets forth the obligations of the City and Michael Flooring to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

27. Assignment-Neither the Michael Flooring nor City will assign its interest in this Agreement without the written consent of the other.

28. Caltrans is required by 23 code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S. Department of Transportation (USDOT), and the U.S.

Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.

The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under
• Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).
29 Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in THREE copies, each of which shall be deemed an original on the date first above written.

City of Madera
Herein Called OWNER
By:

Santos Garcia, Mayor
APPROVE AS TO FORM:

Hilda Cantú Montoy, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
Michael Flooring
Herein Called CONTRACTOR
BY:

Signed
BY:

Printed Name and Title

Federal Tax I.D. No.

Contractor License Number

DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

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

State of California )
County of ______________ )
On ______________, 2022 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 20, 2022
_________________________________ Agenda Number: ___________ Anthony R. Forestiere, Interim Director Financial Services _________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the City’s Utility Services Policy
RECOMMENDATION:

Adopt a resolution amending the City’s Utility Services Policy consistent with the State of California Water Resources Control Board Water Arrearages Program SUMMARY:

Requirements by the State Water Resources Control Board necessitate changes to the City’s policy relative to water shut-offs for delinquent customers. The amendments to the Utility Services Policy relate to how payment arrangements for delinquent customers are processed.

DISCUSSION:

The City’s current policy conflicts with recent changes at the State level. Today, delinquent customers are required to provide a down payment of one half (1/2) of the total past due amount at the time of the execution of the Payment Arrangement plan. The balance is then amortized over a period not to exceed 12 months. Understandably, many customers are not in a position to pay half of the past due balance let alone have no more than 12 months for the balance to be amortized. While emphatic, staff’s ability to arrange payment plans is often limited to adopted policies while significant outstanding balances can also pose challenges to the City in terms of meeting its financial obligations.

It is noted that during the COVID-19 pandemic, there was an influx of outstanding accounts.

Fortunately, the City received $371,625.87 from the State Water Resources Control Board Arrearages Program to offset the past due balances customers accrued during the pandemic. The funds were applied to 1,083 delinquent accounts at an average of $343.14 per account.

Unfortunately, the Water Arrearages Program provided strict guidelines and not all of the B-11
outstanding balances were paid. As a result, 1,080 accounts remain delinquent. Said accounts currently total $590,769.84.

Table 1 below provides a summary of outstanding balances for customers that received a credit per the Water Arrearages Program whereas Table 2 provides an overview of the number of existing delinquent accounts.

Table 1: Outstanding balances that received a credit per the Water Arrearages Program
Outstanding balance # of accounts % of total
accounts
$0-$1,000 162 15%
$1,001-$1,500 425 39%
$1,501-$2,000 273 25%
$2,001-and above 223 21%
Totals 1,083 100%
To address the current situation, and to meet State guidelines, an updated policy is required. As such, the proposed policy would require a down payment of $150 or 10 percent of the total past due amount, whichever is greater, to be paid at the time of the execution of the Payment Arrangement. The balance would then be amortized over an extended timeframe up to 36 months, if necessary, to avoid undue hardship to the customer based upon the circumstances of the individual case. To remain in good standing, customers would need to comply with the Payment Arrangement Plan and remain current as charges accrue in each subsequent billing period. If an account is 30 days past due, a 10 percent penalty is assessed and an ongoing interest of 1.5 percent per month is charged after 30 calendar days. Service to a delinquent account may be discontinued for nonpayment when a customer has been delinquent for at least 60 calendar days subject to the Notice and other requirements. A shut-off fee of $50 will be assessed if service is discontinued.

Table 2: Range of outstanding balances
Outstanding balance # of accounts % of total
accounts
$0-$1,000 159 14%
$1,001-$1,500 433 40%
$1,501-$2,000 325 31%
$2,001-and above 163 15%
Totals 1,080 100%
Table 3 provides a summary of the current policy versus the proposed.

Table 3: Comparison of existing vs. proposed policy amendments Issue Existing Proposed
Minimum down payment for past
due accounts
50% of outstanding balance $150 or 10% of
outstanding balance,
whichever is greater
Amortization of remaining balance 12 months 12-36 months Timely payments required on
remaining balance to remain in good
standing
Yes Yes
Late charges 10% penalty on accounts 30
days past due plus 1.5% interest
per month on balance due
(no change to existing policy)
Same as existing
FINANCIAL IMPACT:

With the new arrangements, this policy would allow the City to provide more customers the opportunity to make payments over an extended period of time which will positively impact the water fund. In addition, approval of this resolution will result in meeting the standards set by the State Water Resources Control Board for participating in the Water Arrearages Program.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Effective government is demonstrated through responsible stewardship of resources; improving communication, internally and with community stakeholders; dedication to improvement; and creation of new programs, services, and internal systems in response to collected data and community needs.

ALTERNATIVES:

Council may elect to not approve this policy change. If that occurs, the City will be out of compliance with the requirements set forth by the State Water Resources Board for participating in the Water Arrearages Program and may be required to send back the allotted funds.

ATTACHMENTS:

1. Resolution

2. Revised City Policy
RESOLUTION NO. __ _

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING THE CITY'S UTILITY

SERVICES POLICY CONSISTENT WITH THE STATE OF CALIFORNIA WATER

RESOURCES CONTROL BOARD WATER ARREARAGES PROGRAM
WHEREAS, the City has participated in the California Water and Wastewater Arrearage Payment Program offered by the California Water Board; and
WHEREAS, the program is intended to help residential water users who have outstanding and have accrued a balance during the COVID-19 pandemic bill relief period; and WHEREAS, the criteria include requirements associated with establishing payment plans for customers, and prohibitions on discontinuation of service for water systems participating in the Program; and
WHEREAS, the City is required to comply with the guidelines; and WHEREAS, to comply with program guidelines it is necessary to update the City's current utility policy relating to delinquencies; and
WHEREAS, staff has presented a new policy that will ensure compliance with the California Water and Wastewater Arrearage Payment Program.

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

1. The above recitals are true and correct.

2. The City Council revises the City of Madera Utility Service Policy to be consistent with the State of California Water Resources Control Board Water Arrearages Program which is attached to this resolution as Exhibit A and incorporated by reference.

3. The Finance Director is hereby authorized to implement the Policy as required by the program guidelines.

4. The resolution is effective immediately upon adoption. ****** ,.

CITY OF MADERA

UTILITY SERVICE POLICY

FOR DELINQUENT SINGLE AND MULTI-FAMILY RESIDENTIAL CUSTOMERS

APPLICATION OF POLICY AND TELEPHONE NUMBER
This policy enumerates the City of Madera's administrative procedures and actions for the collection of delinquent accounts, including notifications, fee assignments and discontinuation of service. This policy together with Title 8, Chapter 7 of the Madera Municipal Code serves to comply with Water Shut Off Protection Act set forth in SB 998 (Health and Safety Code Sections 116900 to 116926). This policy will be made available to the public on the City Finance (Utility Billing) Department's website at www.madera.gov\SB-998. The City Finance Utility Billing can be contacted by telephone at (559) 661- 5459 to discuss options for averting discontinuation (also referenced "shut off") of water service for nonpayment under the terms of this policy.

I. Definition of Delinquent Account
An account becomes delinquent upon the dates specified in the City of Madera Municipal Code. Any revision to such dates in the Municipal Code will be reflected in this policy. The current date established in the Municipal Code is the 26th day of the billing month unless the due date falls on a weekend or holiday then the due date will be the next business day.

II. Delinquent Account – Fees and Notification
A. Fees. If an account is past due for over 30 days, a 10% penalty is assessed and an ongoing interest of 1.5% per month is charged after 30 calendar days. Service to a delinquent account may be discontinued for nonpayment when a customer has been delinquent for at least sixty (60) calendar days subject to the Notice and other requirements under this policy. A shut-off fee of $50 will be assessed if service is discontinued.

B. Notices. A Notice of Vacancy or Notice of Delinquency is mailed to the account holder ten (10) calendar days before the account becomes delinquent and/or the customer is contacted by telephone. The Notice will indicate that the water will be shut off if the delinquent balance is not paid in full by the required payment date, as established In the City of Madera Municipal Code. The Notice is required for those accounts that are delinquent and are not already on a Payment Arrangement. The written Notice will be mailed to the mailing address designated on the account. The Notice will include:
• Customer's name and address
• Amount past due
• Date by which payment or Payment Arrangements are required to avoid termination of service
• Description of the process to apply for Payment Arrangements • Description of the process to dispute or appeal a bill • City Finance Department's telephone number and a web link to the City Finance Utility Billing Department's written delinquent account policy The City shall not discontinue water service for non-payment until payment by the customer has been delinquent for at least sixty (60) days.

Ten (10) calendar days prior to termination of service, a Notice that water service will be discontinued is mailed to the customer. If the mailing address and the address of the property to which water service is provided are different, a second notice will be mailed to the service address and addressed to "Occupant". If unable to reach customer by telephone or the mailed Notification has been returned undeliverable, the City will make every effort to hand deliver or post a Notice in a conspicuous place prior to the shut off process. City will terminate services if the account holder has made no response to the Notification.

The notices under this section shall be made available in English, Spanish, Chinese, Filipino (Tagalog), Vietnamese, Korean, and any other language spoken by ten (10) percent or more of the customers in City's service area.

III. Payment Arrangements
Any customer who is unable to pay for water service within the normal payment period may request an alternative Payment Arrangement to avoid disruption of service. A down payment of one hundred and fifty dollars ($150) or ten (10%) percent of the total past due amount whichever is greater is to be paid at the time of the execution of the Payment Arrangement. The balance will then be amortized over an extended timeframe necessary to avoid undue hardship to the customer based upon the circumstances of the individual case.

In addition to the current payment, the delinquent payment is to be made timely over the agreed upon period. The customer must comply with the Payment Arrangement Plan and remain current as charges accrue in each subsequent billing period.

Only one additional extension is allowed over the 12-month period for repayment. If account holder can show good cause for an additional extension, the Finance Director or his/her designee may agree to a second extension. Each account will be allowed only one Payment Arrangement per year. A Payment Arrangement may not be approved until one year after the commencement of the last agreement.

A Payment Arrangement cannot be executed once service has been terminated without express authorization of the Finance Director or his/her designee.

If customer fails to comply with the Payment Arrangement for at least sixty (60) calendar days or more, service may be discontinued no sooner than five (5) business days after posting Notification of Broken Payment Arrangement. The Notification will be posted in a conspicuous place at the service address. City will terminate services if there has been no contact from the account holder to make a payment on the current Payment Arrangement.

IV. Conditions Prohibiting Discontinuation
The City shall not discontinue residential water service if all the following conditions are met:

A. Health Conditions - The customer or tenant of the customer submits certification of a primary care provider that discontinuation of water service would (i) be life threatening, or (ii) pose a serious threat to the health and safety of a person residing at the property.

B. Financial Inability - The customer demonstrates he or she is financially unable to pay for water service within the water system's normal billing cycle. The customer is deemed "financially unable to pay" if any member of the customer's household is: (i) a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children; or (ii) the customer declares the household's annual income is less than 200% of the federal poverty_ level; and C. Alternative Payment Arrangements -The customer is willing to enter an alternative Payment Arrangement consistent with the provisions of Section III above.

V. Process for Determination of Conditions Prohibiting Discontinuation of Service The burden of proving compliance with the conditions described in Section IV, above, is on the customer. In order to allow the City sufficient time to process any request for assistance by a customer, the customer is encouraged to provide the City with the necessary documentation demonstrating the medical issues, financial inability under Subdivision and willingness to enter any payment alternative arrangement under Section IV above as far in advance of any proposed date for discontinuation of service as possible.

Upon receipt of such documentation, the Finance Director, or his or her designee, shall review that documentation and respond to the customer within three (3) calendar days or to notify the customer that additional information is necessary or to notify customer of the payment option.

Customers who fail to meet the conditions described in Section IV above, must pay the delinquent amount, including any penalties and other charges-, owing to the City within the latter to occur of: (i) two (2) business days after the date of notification from the City of the City's determination the customer failed to meet those conditions; or (ii) the date of the impending service discontinuation, as specified in the Overdue Notice.

VI. Special Rules for Low Income Customers
Customers are deemed to have a household income below 200% of the federal poverty line if: (i) any member of the customer's household is a current recipient of the following benefits: CalWORKS, CalFresh, general assistance, Medi-Cal, SSI/State Supplementary Payment Program or California Special Supplemental Nutrition Program for Women, Infants and Children; or (ii) the customer declares the household's annual income is less than 200% of the federal poverty level. If a customer demonstrates either of those circumstances, then the following apply:

A. Reconnection Fees: If service has been discontinued and is to be reconnected, then any reconnection fees during the City's normal operating hours cannot exceed $50.00.

Those fees cannot exceed the actual cost of reconnection if that cost is less than the statutory caps. Those caps may be adjusted annually for changes in the Customer Price Index for [add applicable CPI used by Madera] beginning January 1, 2021.

B. Interest waiver: The City shall not impose any interest charges on delinquent bills.

VII. Shut Off Procedure
Payment files should be updated prior to sending the Field Representative out to terminate service. As a courtesy, the Field Representative will attempt to contact the adult individual(s) residing at the service address prior to termination of service. Regardless of whether contact has been made, the Field Representative will proceed to terminate services and confiscate the refuse containers.

Service will not be restarted until the entire account balance, penalties, and fines are paid in full and a deposit will be required to re-activate service if there is no deposit on file. A check will not be accepted as payment to restart service.

Service will not be terminated at any time the Finance Department is not open: Saturdays, Sundays, holidays, after hours, or while an appeal is pending, or unless a payment extension is granted.

Tampering with City property (shut off valves, valve locks etc.) shall constitute a misdemeanor. The Finance Director or his/her designee will notify the Madera Police Department, and the cost of replacement and monitoring will be charged to the account.

VIII. Delinquent Account: Landlord-Tenant Accounts
A Notification of Vacancy/Delinquency is mailed to the account holder ten (10) calendar days before the account becomes delinquent and/or the customer is contacted by telephone. The Notification will indicate that the water will be shut off if the delinquent balance is not paid in full by the required payment date, as established in the City of Madera Municipal Code. The Notification is required for those accounts that are delinquent and are not already on a Payment Arrangement. The written Notification will be mailed to the mailing address designated on the account.

Ten (10) calendar days prior to termination of service, a Notification that water service will be discontinued is mailed to the customer. If the mailing address and the address of the property to which water service is provided are different, a second notice will be mailed to the service address and addressed to "Occupant". If unable to reach customer by telephone or the mailed Notification has been returned undeliverable, the City will make every effort to hand deliver or post a Notice in a conspicuous place to the shut off process. City will terminate services if the account holder has made no response to the Notification.

The Notice will advise tenant/occupant that they have the right to become customers of the City without being required to pay the amount due on the delinquent account, as long as they are willing to assume financial responsibility for subsequent charges for water service at the address(es) served by the master meter. Tenants must have the opportunity to transfer the account into their name. Services will be terminated if all monies, including penalty and interest have not been paid within the required time frame.

IX. Payment Arrangements: Landlord-Tenant Accounts
Any customer who is unable to pay for water service within the normal payment period may request an alternative Payment Arrangement to avoid disruption of service. A down payment of one hundred and fifty dollars ($150) or ten (10%) percent of the total past due amount whichever is greater is to be paid at the time of the execution of the Payment Arrangement. The balance will then be amortized over an extended timeframe necessary to avoid undue hardship to the customer based upon the circumstances of the individual case.

In addition to the current payment, the delinquent payment is to be made timely over the agreed upon period.

A Payment Arrangement cannot be executed once service has been terminated without express authorization of the Finance Director or his/her designee.

Account holders that have not complied with the Payment Arrangement are sent a Notification that services will terminated ten (10) calendar days prior to service termination.

X. Shut off Procedure – Landlord-Tenant Accounts
Payment files should be updated prior to sending the Field Representative out to terminate service. As a courtesy, the Field Representative will attempt to contact the adult individual(s) residing at the service address prior to termination of service. Regardless of whether contact has been made, the Field Representative will proceed to terminate services and confiscate the refuse containers.

Service will not be terminated at any time the Finance Department is not open: Saturdays, Sundays, holidays, after hours, or while an appeal is pending, or unless a payment extension is granted.

XI. Service Termination by Account Holders
Account holders wanting to terminate their service must do so in writing by specifying the date service is to be discontinued. If a request for termination has not been made in writing, the account holder will be held responsible for utility services provided to the service location.

Temporary service termination by the account holder must also be in writing.

If the account holder is deceased, a family member may submit a written request for service termination with a copy of the death certificate.

XII. Appeals
The Account holder has the right to appeal the bill giving rise to delinquency. To do so, he/she must do the following:

The account holder shall complete a City of Madera Appeal form addressing his or her concern and, if there is a dispute with a Finance Department Policy, the account holder or complaining party should indicate where possible, the policy with which they disagree. The completed appeal form shall be date stamped upon receipt by the City of Madera Finance Department.

A review committee, consisting of the Finance Director and an additional person who does not have a direct involvement with the utility billing and collection process shall hear the appeal. A hearing with this committee will be granted upon request. A written notice of the date and time of the hearing shall be sent to the complaining party within five (5) business days of the hearing date.

The Hearing will be held within ten (10) working days of the receipt of the completed appeal form. The City Attorney may be consulted for his/her advice relating to the committee's findings.

The review committee will provide a written notice to the account holder concerning the outcome of the hearing. If the account holder disagrees with the decision of the committee, a request to appeal to the City Council can be made.

This request for appeal to the City Council must be made within fifteen (15) calendar days from the date of the decision of the appeal committee. The written response will notify the complainant of his or her right to appeal the decision and the procedures for doing so.

XIII. Notice in Other Languages
This policy and notices required under SB 998 shall be made available in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, and any other language spoken by ten (10) percent or more of the customers in the City’s service area.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: April 20, 2022
Agenda Number: B-12
Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Easement Deeds for Sidewalk Improvements for Maple, Santa Cruz, and Monterey Streets (City Project R-84)
RECOMMENDATION:

Adopt a Resolution Approving Three Purchase and Sale of Real Property Agreements and Authorizing the City Clerk to prepare the Certificate of Acceptance and Record Three Easement Deeds (APN Nos. 012-093-005, 012-093-013, and 012-097-006) SUMMARY:

Right-of-Way (ROW) acquisition from three parcels of land are necessary for the new sidewalk improvement on Maple, Santa Cruz, and Monterey Streets. The agreements and easement deeds have been executed by the property owners and they are recommended for approval. The value of the land for the acquisition from the three parcels is $2,846.00. Funds for the ROW acquisition are included in the City’s Fiscal Year (FY) 2021/22 Budget.

DISCUSSION:

The scope of the project consists of installation of sidewalk improvements along three local primarily residential streets. the project also includes installation of American with Disabilities (ADA) compliant curb access ramps at the corners. Although, ROW acquisition was necessary from owners of 7 parcels, 3 were executed by the property owners. All 7 parcels required a partial land acquisition to construct City standard curb access ramps; however, this report is only for 3.

The seven parcels are located on the:
 Northwest corner of Maple Street and Santa Cruz Street  Northeast corner of Maple Street and Santa Clara Street  Southeast corner of Maple Street and Santa Cruz
 Southwest and southeast corners of Maple and Santa Bonita  Northwest corner of Maple and Monterey
The land acquisition and improvements from the subject parcels are listed in Table 1.

Table 1: Necessary land acquisition
APN Area (Square Feet) Cost
012-093-005 157 $942.00
012-093-013 156 $936.00
012-097-006 78 $968.00
The City follows Caltrans guidelines for minor acquisition takes. Caltrans Local Assistance Procedures Manual says that when the City determines that the valuation is uncomplicated and the market value is estimated at $10,000 or less, based on a review of available data, a formal appraisal report is not required. This is consistent with City Administrative Policy No. AP-48 for waiver of formal appraisals on certain real property and to acquire said parcels by sale or donation where such parcels or portions thereof to be acquired do not have fair market value in excess of $2,500. Valuations were prepared by City staff, based on a review of available data and recent appraisals of residential property for other City projects.

The formal offer and acquisition information, Purchase and Sale of Real Property Agreement and easement Deeds with a description of the interest in land to be acquired have been presented to all of the property owners. The subject agreements have been accepted and approved by ENVIRONMENTAL REVIEW:

The project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA) guidelines, Section 15301 (Minor alternation to existing facilities).

FINANCIAL IMPACT:

There will be no impact to the City’s General Fund for the right-of-way and construction costs for this project. Community Development Block Grant and Measure T Funds were used for the ROW acquisition. These funds are included in the City’s FY 2021/22 Budget, Account No: 41540000- 7050.

CONSISTENCY WITH THE VISION MADERA 2025 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
 Strategy 138 – This project supports this strategy to establish and enforce ADA standards throughout the community.

ALTERNATIVES:

Council may elect to reject the ROW acquisition. The rejection of ROW acquisition would result in the inability to install City Standard curb access ramps at the identified corners.

ATTACHMENTS:

1. Resolution
Exhibit A – Agreement (214 Santa Cruz Street Madera, CA 93637) Exhibit A – Right-of-Way Exhibit
Exhibit B – Legal Description
Exhibit C – Deed with Legal Description
Exhibit B – Agreement (613 Maple Street Madera, CA 93637) Exhibit A – Right-of-Way Exhibit
Exhibit B – Legal Description
Exhibit C – Deed with Legal Description
Exhibit C – Agreement (220 Monterey Street Madera, CA 93637) Exhibit A – Right-of-Way Exhibit
Exhibit B – Legal Description
Exhibit C – Deed with Legal Description
Exhibit 2 - Property Owner List

2. Map
ATTACHMENT 1
Resolution
RESOLUTION NO. 22-_________

A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THREE AGREEMENTS FOR PURCHASE AND SALE

OF REAL PROPERTY WITH THE PROPERTY OWNERS AND AUTHORIZING

THE CITY CLERK TO EXECUTE THE CERTIFICATE OF ACCEPTANCE AND

RECORD THE EASEMENT DEEDS FOR THE SIDEWALK IMPROVEMENTS ON

MAPLE STREET, SANTA CRUZ STREET AND MONTEREY STREET NEW, CITY PROJECT NO. R-84 (APNNO. 012-093-005, 012-093-013, AND 012-097- 006)
WHEREAS, the City Council of the City of Madera (City) has approved the Sidewalk Improvement for Maple, Santa Cruz, and Monterey Streets, City Project No. R-84 (the Project); and
WHEREAS, the Project requires the acquisition of right of way from three parcels of land to construct sidewalks and curb access ramps in the Project area; and WHEREAS, the three property owners of record, listed in Exhibit 2 attached hereto, have offered forsale to the City the interest in real property necessary forthe Project; and WHEREAS, the property to be acquired is more specifically described in the legal description included in each Agreement for Purchase and Sale of Real Property (Agreement) and attached to each Easement Deed; and
WHEREAS, the purchase price offered for the properties has been established per square foot in accordance with the City’s recent acquisitions for commercial and residential properties; and
WHEREAS, on July 28, 2021, the City determined that the Project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301(a-e) of the CEQA Guidelines; and
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. The City Council of the City of Madera approves the three Agreements for Purchase and Sale of Real Property and accepts the three Easement Deeds,

3. The three Agreements, copies of which are attached hereto as Exhibit 1 and referred to for particulars, are approved.

4. The City Clerk is authorized to prepare the Certificate of Acceptance for the Easement Deeds.

5. The Finance Director is authorized to make the payment for the land acquisition in the amounts shown in the attached Exhibit 2.

6. The City Engineer, with the agreement of the City Manager and City Attorney, is authorized to make non-material or technical corrections to documents required for implementation of the agreements.

7. This resolution is effective immediately upon adoption. * * * * * * * *
EXHIBIT 1
Agreements and Deeds
Exhibit A – Agreement (214 Santa Cruz Street Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit B – Agreement (613 Maple Street Madera, CA 93637) Exhibit 1 – Deed with One Exhibit
Exhibit C – Agreement (220 Monterey Street Madera, CA 93637) Exhibit “A” – ROW Exhibit
Exhibit “B” – Deed with One Exhibit

EXHIBIT A
Agreement
(214 Santa Cruz Street Madera, CA 93637)

EXHIBIT B
Agreement
(613 Maple Street Madera, CA 93637)

EXHIBIT "B"

LEGAL DESCRIPTION

EASEMENT DEED FOR RIGHT OF WAY
ASSESSOR PARCEL NUMBER 012-093-013
A permanent right of way easement for street improvements located on and in the real property in the City of Madera, County of Madera, State of California, described as follows:

A portion of Lot 12, Block 3, Stockton Addition in the County of Madera, described as follows:

Beginning at a Point of Commencement known as the point of intersection of the West property line with the South property line as recorded in County of Madera, Assessor Parcel Number 012-093-013, thence 17.7 feet, easterly along the South property line, thence 25 feet in a North Westerly direction to a point on the West property line, thence 1 7 .6 feet Southerly along the West property line to the Point of Commencement.

EXHIBIT C
Agreement
(220 Monterey Street Madera, CA 93637)

RECORDING REQUESTED BY:

City of Madera
AFTER RECORDING RETURN TO:

City of Madera
205 W. 4th Street
Madera, CA 93637
Attn: City Clerk
Fee waived per Section 27383 of the Government Code No Fee Due APN: 012-097-006
---------
No Doc Tax Due R&T 11922 ___ _

EASEMENT DEED

FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY

ACKNOWLEDGED, PEDRO ARENAS TAPIA, DOES HEREBY GRANT TO THE

CITY OF MADERA, A MUNICIPAL CORPORATION OF THE STATE OF

CALIFORNIA
A permanent easement for street improvements and any and all other municipal purposes over, under, through and across, on and in the following described real property in the City of Madera, County of Madera, State of California, being more particularly described in EXHIBIT "A", LEGAL DESCRIPTION, attached hereto and made a part hereof:

Date: l/-/ 3 - 2 2.

By: Pe/;-0 Jl,,.c)?()(J T
Pedro Arenas T:ii,fa
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE #1189 tee comp etmg 1s cert1 1cate veri 1es on y t e
individual who signed the document to which this certification is attached, and not the truthfulness, accuracy, or validity of the document.

State of California)
County of Madera)
3/o K,c ol-t �
On 1'1'\�t� before me, lJliii2 Ac@•- , Notary Public,
personally appeared__._'P .... eo ...i'�O',#-----=-"A---"rt'----'UcM.,),.___\4...,;,,Q.�P�Lal4.____ ____________ _ who proved to me on the basis of satisfactory evidence to be the person(4 whose namefst. is/Me subscribed to the within instrument and acknowledged to me that he/ske,'tkey executed the same in his!l:l@n'thcir authorized capacity�), and that by his/ket.Ltbeir signature�) on the instrument the person�, or the entity upon behalf of which the personfst acted, executed the instrument.

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

WITNESS MY_,_��
Signature: ___,-._.,......., ____________ _

OFFICIAL SEAL
(Seal) ,....... Convniuion
NICOLEQUINNSAY -�
No. 2389891 > i NOTARY PUBLIC - CALIFORNIA �
f

MADERA COUNTY -
Commission EJl)ffl January a. 2026 t
EXHIBIT "B"

EXHIBIT 2
Property Owners List

PROPERTY OWNER LIST

RIGHT OF WAY ACQUISITION
For

SIDEWALK IMPROVEMENTS ON MAPLE STREET, SANTA CRUZ STREET, MONTEREY STREET, CITY PROJECT NO. R-84

APN PROPERTY OWNER/ADDRESS AMOUNT
012-093-005 Ana B. Cervantes $942.00
214 Santa Cruz Street
Madera, CA 93637

012-093-013 Joe L. Martinez $936.00
Rosa Lee Martinez
613 Maple Street
Madera, CA 93637
012-097-006 Pedro Arenas Tapia $968.00
220 Monterey Street
Madera, CA 93637
ATTACHMENT 2
Location Map

LOCATION MAP

SIDEWALK IMPROVEMENTS - MAPLE STREET - SANTA CRUZ STREET -

MONTEREY STREET

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: April 20, 2022
Agenda Number: B-13
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of Improvements for La Spezia II Subdivision (Tract No. 19-S-01) RECOMMENDATION:

Staff recommends that the City Council (Council) adopt a Resolution:

1. Accepting the Improvements for La Spezia II Subdivision (Tract No. 19-S-01).

2. Authorizing the Filing of the Notice of Completion for Said Subdivision Improvements.

3. Authorizing staff to record the Notice of Completion of Subdivision Improvements.

SUMMARY:

The La Spezia II Subdivision is an 87-lot residential development located on the southwest corner of Almond Avenue and Stadium Road. The Council approved the Final Map on October 16, 2019.

The Subdivider, Joseph Crown Construction and Development Inc., a California Corporation, has completed the off-site public improvements in accordance with the approved Improvement Agreement and improvement plans associated with the Subdivision, which was approved by Council on October 16, 2019. The Subdivider has paid all required fees and submitted a Warranty Bond. It is recommended that the Council accept the improvements for the La Spezia II Subdivision.

DISCUSSION:

All required public improvements for this subdivision have been completed including the pocket park which was constructed on parkland dedicated by the Subdivider in conjunction with recordation of the Final Map.

FINANCIAL IMPACT:

Acceptance of this subdivision will result in the transfer of maintenance and resulting costs from Subdivider to City.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Acceptance of the improvements for La Spezia II Subdivision is not directly addressed in the vision or action plans; however, the requested action could address the following specific task in the action plan:

Action 126: Clean, attractive streets: Expand or develop programs to create clean, safe and aesthetically pleasing streets – Current landscape design standards have been adhered to which aid in the establishment of Well-Planned Neighborhoods and Housing.

ALTERNATIVES:

If Council does not accept the completed improvements, the City will not provide regular maintenance that includes street sweeping, pavement maintenance, street light maintenance, etc.

ATTACHMENTS:

1. Resolution
Exhibit A – Notice of Completion

2. Project Location Map
Attachment 1
Resolution
RESOLUTION NO. 22-___

A RESOLUTION ACCEPTING IMPROVEMENTS FOR LA SPEZIA II
SUBDIVISION (TRACT NO. 19-S-01), AUTHORIZING THE FILING OF

THE NOTICE OF COMPLETION FOR SAID SUBDIVISION

IMPROVEMENTS AND AUTHORIZING STAFF TO RECORD THE

NOTICE OF COMPLETION
WHEREAS, the Subdivider, Joseph Crown Construction and Development Inc., A California Corporation, has requested final acceptance of the required improvements for the La Spezia II Subdivision; and
WHEREAS, the City Engineer has certified to this Council that the required improvements for La Spezia II Subdivision have been completed.

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. The improvements for the La Spezia II Subdivision (Tract No. 19-S-01) are accepted.

3. The City Clerk is hereby authorized and directed to record a Notice of Completion as required by Section 10-2.712.2 of the Madera Municipal Code.

4. This resolution is effective immediately upon adoption. * * * * * * * * * *
Exhibit A
Notice of Completion
RECORDING REQUESTED BY:

City of Madera
AFTER RECORDING RETURN TO:

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

NOTICE OF COMPLETION

OF SUBDIVISION IMPROVEMENTS
NOTICE IS HEREBY GIVEN that on April 20, 2022, the City Council of the City of Madera confirmed the satisfactory completion of the improvements as shown on the plans for the La Spezia II Subdivision (Tract No. 19-S-01).

Dated: ___________
By: _________________
Alicia Gonzales
City Clerk
Attachment 2
Location Map

LOCATION MAP

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: April 20, 2022
Agenda Number: B-14
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of Improvements for La Spezia III Subdivision (Tract No. 19-S-02) RECOMMENDATION:

Staff recommends that the City Council (Council) adopt a Resolution:

1. Accepting the Improvements for La Spezia III Subdivision (Tract No. 19-S-02).

2. Authorizing the Filing of the Notice of Completion for Said Subdivision Improvements.

3. Authorizing staff to record the Notice of Completion of Subdivision Improvements.

SUMMARY:

The La Spezia III Subdivision is a 28-lot residential development located on the southeast corner of Almond Avenue and Stadium Road. The Council approved the Final Map on October 16, 2019.

DISCUSSION:

All required public improvements for this subdivision have been completed including the construction of interior sidewalks.

FINANCIAL IMPACT:

Acceptance of this subdivision will result in the transfer of maintenance and resulting costs from Subdivider to City.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Acceptance of the improvements for La Spezia III Subdivision is not directly addressed in the vision or action plans; however, the requested action could address the following specific task in the action plan:

ALTERNATIVES:

If Council does not accept the completed improvements, the City will not provide regular maintenance that includes street sweeping, pavement maintenance, street light maintenance, etc.

ATTACHMENTS:

1. Resolution
Exhibit A – Notice of Completion

2. Project Location Map
Attachment 1
Resolution
RESOLUTION NO. 22-___

A RESOLUTION ACCEPTING IMPROVEMENTS FOR LA SPEZIA III
SUBDIVISION (TRACT NO. 19-S-02), AUTHORIZING THE FILING OF

THE NOTICE OF COMPLETION FOR SAID SUBDIVISION

IMPROVEMENTS AND AUTHORIZING STAFF TO RECORD THE

NOTICE OF COMPLETION
WHEREAS, the Subdivider, Joseph Crown Construction and Development Inc., A California Corporation, has requested final acceptance of all the required improvements for the La Spezia III Subdivision; and
WHEREAS, the City Engineer has certified to this Council that the required improvements for La Spezia III Subdivision have been completed.

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. The improvements for the La Spezia III Subdivision (Tract No. 19-S-02) are accepted.

3. The City Clerk is hereby authorized and directed to record a Notice of Completion as required by Section 10-2.712.2 of the Madera Municipal Code.

4. This resolution is effective immediately upon adoption. * * * * * * * * * *
Exhibit A
Notice of Completion
RECORDING REQUESTED BY:

City of Madera
AFTER RECORDING RETURN TO:

NOTICE OF COMPLETION

Dated: ___________
By: _________________
Alicia Gonzales
City Clerk
Attachment 2
Project Location Map

LOCATION MAP

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: April 20, 2022
_________________________________ Agenda Number:

Gary Conte, Planning Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second reading and adoption of Ordinance to Rezone 0.27 acres at 801 South Gateway Drive RECOMMENDATION:

Waive full reading and adopt an Ordinance, rezoning approximately 0.27 acres at 801 South Gateway Drive (Assessor’s Parcel Number 011-111-005) to the C2 – Heavy Commercial zone district.

SUMMARY:

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 April 6, 2022 regular meeting, the Council introduced and waived the first reading of the Ordinance, which would amend the City’s Official Zoning Map to rezone the approximately 0.27 acres at 801 South Gateway Drive (Assessor’s Parcel No. 011-111-005) to the C2 – Heavy Commercial zone district. This procedure is being undertaken at the request of Hardev Singh addressing the property’s current zoning district’s inconsistency with the City’s General Plan Land Use designation. At the same meeting, Council adopted the proposal’s environmental determination under CEQA guidelines, Section 15301 (Existing Facilities).

It is noted that the Planning Commission at its March 8, 2022 meeting recommended approval of a Categorical Exemption pursuant to the California Environmental Quality Act for the subject application. The Commission also approved a parking variance (VAR 2022-02), Conditional Use Permit (CUP 2021-15), and Site Plan Review (SPR 2021-32) for the subject property.

B-15 ....

ATTACHMENTS:

1. Ordinance
a. Exhibit A
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 0.27 ACRES OF PROPERTY LOCATED AT 801 SOUTH GATEWAY DRIVE (APN: 011-111-005) FROM THE I – INDUSTRIAL TO THE C2 – HEAVY COMMERCIAL ZONE DISTRICT
WHEREAS, Hardev Singh (“Owner”) owns the property at 801 South Gateway Drive (APN:
011-111-005) in Madera, California (“site”); and
WHEREAS, the Owner has submitted application REZ 2021-02 to the City of Madera (City) to rezone approximately 0.27 acres at 801 South Gateway Drive; and WHEREAS, the rezone is compatible with the neighborhood and is not expected to be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or the City; and
WHEREAS, the project has been determined to be categorically exempt under the California Environmental Quality Act (CEQA) Guidelines, Section 15301 (Existing Facilities); and WHEREAS, the proposed rezone will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code; and
WHEREAS, the Planning Commission received and reviewed application REZ 2021-02 at a duly noticed meeting on March 8, 2022, wherein the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Planning Commission; and WHEREAS, after its hearing, the Planning Commission adopted Resolution No. 1909 recommending to the City Council of the City of Madera the approval of REZ 2021-02 as conditioned; and
WHEREAS, concurrently with the consideration of REZ 2021-02, the Planning Commission approved Conditional Use Permit 2021-15 (CUP 2021-15), Variance 2022-01 (VAR 2022-01) and Site Plan Review 2021-23 (SPR 2021-23) and submitted said approvals to City Council; and WHEREAS, conditional approval of CUP 2021-15, VAR 2022-01 and SPR 2021-23 by the Planning Commission are contingent to City Council approval of REZ 2021-02; and WHEREAS, under the City’s Municipal Code, the City Council is authorized to review and approve rezones on behalf of the City; and
WHEREAS, the City provided notice of the City Council hearing as required by law; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference.

SECTION 2. Public Hearing. The City Council received the submittals from the Planning Commission and held a duly noticed public hearing on April 6, 2021 on the rezoning of the Site as shown in Exhibit “A.”
SECTION 3. Findings. Based upon the record before it at the public hearing, the City Council determines the adoption of the proposed rezoning ordinance as recommended by the Planning Commission is in the best interest of the City of Madera. The City Council finds REZ 2021- 02 is consistent with the City’s Zoning Ordinance to promote the growth of the City in an orderly and sustainable manner and to ensure consistency with the City General Plan. The City Council hereby makes the following findings:

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

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

SECTION 4. Approval of Rezone. The City Council hereby approves REZ 2021-02 and hereby amends the City of Madera Zoning Map as provided for in Chapter 3 of Title X of the Madera Municipal Code as illustrated in the hereto attached Exhibit “A” which indicates the segment of the City of Madera Zoning Map to be amended.

SECTION 5. Effective Date of Rezone. 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 6. Effect Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.

SECTION 7. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Madera and shall cause this Ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.

Exhibit A: Existing and Proposed Zoning
Existing Zoning (below)
Proposed Zoning (Below)

REPORT TO THE CITY COUNCIL
Approved by:

Council Meeting of: April 20, 2022
_________________________________ Agenda Number:

Gary Conte, Planning Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Villages at Almond Grove Specific Plan: Specific Plan (SP) No. 2017-01 (Adopting the Villages at Almond Grove Specific Plan); General Plan Amendment (GPA) No. 2017-02; Pre-Zone/Rezone (REZ) No. 2017-05; Zoning Ordinance/Madera Municipal Code Amendment (OTA) No. 2022-01; Environmental Impact Report (EIR) (SCH #2018081051); and Annexation (ANX) No. 2022-01 RECOMMENDATION:

Hold a public hearing, and then consider the following:

1. Approve a Resolution Adopting the EIR (SCH #2018081051), that provides for the following:
a. Adoption of the findings required by CEQA Guidelines, Section 15091; b. Certification the Environmental Impact Report (SCH #2018081051) for the proposed The Villages at Almond Grove Specific Plan (a 1,883-Acre Area bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east), including General Plan Amendment (GPA 2017-02), Pre-Zoning/ Rezoning (REZ 2017-05), Annexation (2022-01), Zoning Ordinance Text Amendment (OTA 2022-01) as well as the two related Subdivisions (TSMs 2020-02 And 2020-03); c. Adoption of the proposed Mitigation Monitoring and Reporting Program, and d. Adoption of a Statement of Overriding Considerations, pursuant to the California Environmental Quality Act (CEQA);

2. Adopt a Resolution approving General Plan Amendment (GPA) 2017-02 for the Villages at Almond Grove Specific Plan consistency with the General Plan;

4. Introduce an Ordinance of the City Council of the City of Madera amending Section 10-3.301 of Chapter 3 of Title 10 of the City Municipal Code, and adding Sections 10-3.11.601 through Section 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the City Municipal Code to provide for Specific Plan Zones (SP) by title only, and waive the first full reading; and

6. Consider a report on a Resolution initiating annexation of the Villages at Almond Grove Specific Plan area (Annexation No. 22-01), and consider its adoption at a subsequent meeting.

PROPOSAL:

The proposed project includes the Villages at Almond Grove Specific Plan (“Specific Plan”) and related items to allow for adoption of the Specific Plan as well as development in the Southeast, Northwest and Southwest Neighborhoods of the Specific Plan Area, also known as “Village D” in the City’s General Plan.

The proposed Specific Plan establishes a walkable community in west Madera and contains a full range of land uses including housing types, commercial uses, potential school sites, and open space uses including implementation of the Vern McCullough Fresno River trail.

Table 1: Project Overview
Project Numbers: SP No. 2017-01; GPA No. 2017-02; REZ No. 2017-05; OTA No. 2022-01; ANX No. 2022-01
Applicant: Fagundes, Fagundes, Fagundes
Property Owner: Various
Location: The Specific Plan Area is bound by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east (Attachment 1).

Project Area: 1,883 acres, consisting of the following APNs: 033-070-005, 033-070-004, 033- 070-002, 033-070-003, 033-170-001, 033-170-002, 033-170-009, 033-170-005, 033-170-010, 033-170-011, 033-180-002, 033-180-003 (Attachment 2) Plan Land Use: A majority of the Project site is currently planned Village Reserve. Other portions of the site are currently planned for residential and open space land uses. The City’s General Plan is proposed to be amended to create a Specific Plan land use category that would be applied to the proposed Specific Plan Area.

Zoning District: The majority of the plan area is within the County of Madera and is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20). The smaller area of approximately 40 acres is within City limits and is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area). The entire plan area would be either pre-zoned or rezoned by the City to the Specific Plan Zone District.

Site
Characteristics
The Specific Plan Area is predominately characterized by active agriculture operations, with a mix of irrigated crops (Attachment 3). Three parcels are currently subject to land conservation contacts (Williamson Act Contract), but they are within the Southwest Neighborhood and are not currently proposed to be subdivided. The Plan Area has a few existing residential and agricultural support structures. The Fresno River abuts the southern portion of the Plan Area and multiple irrigation canals traverse the Plan Area. The terrain is relatively flat, with few inclines aside from the Fresno River and irrigation canals.

SUMMARY:

The proposed Project would adopt the Villages at Almond Grove Specific Plan (Attachment 4). The purpose of the Specific Plan is to provide guidance for an orderly and cohesive planned community consistent with the intent of the City’s General Plan, zoning ordinance and the Madera Countywide Airport Land Use Compatibility Plan. The Specific Plan Area is 1,883 acres and is proposing approximately:
 10,800 residential units
 2.1 million square feet of commercial and office space  164 acres of parks and recreational area
 55 acres of schools and other public facilities, including implementation of the Vern McCullough Fresno River trail
The proposed Specific Plan provides a development framework for land use, mobility including roadways, utilities and services, resource protection, and implementation to promote the systematic and orderly development of the Specific Plan Area. The project also includes several amendments to the General Plan, a pre-zone/rezone, annexation, zoning ordinance/municipal code text amendment in order to facilitate the approval and implementation of the Specific Plan.

SURROUNDING LAND USES:

Table 2: Bordering Site Information
Direction Existing Use General Plan Designation Zone District North Agriculture RC – Resource
Conservation/Agriculture
ARE-20 Agricultural Rural Exclusive
– 20 Acres (County of Madera),
ARE- 40 Agricultural Rural
Exclusive – 40 Acres (County of
Madera)
East Municipal Golf
Course, Municipal
Airport, developing
residential
OS – Open Space, P&SP –
Other Public and SemiPublic Uses, I – Industrial,
LD – Low Density
Residential
RCO – Resource Conservation and
Open Space, I – Industrial, PD
4500, PD 6000, PD 8000, PD
12000, R1, U – Unclassified
South Agriculture RC – Resource
Conservation/Agriculture;
VLD – Very Low Density
Residential
ARE-40 Agricultural Rural Exclusive
– 40 Acres (County of Madera)
West Agriculture RC – Resource
Conservation/Agriculture
ARE-20 Agricultural Rural Exclusive
– 20 Acres (County of Madera),
ARE-40Agricultural Rural Exclusive
– 40 Acres (County of Madera)
ANALYSIS:

Project proposal
The purpose of The Villages at Almond Grove Specific Plan is to implement the goals and policies of the City’s and Madera Countywide Airport Land Use Compatibility Plan (ALUCP) to provide guidance to ensure orderly growth and provisions for adequate infrastructure, and public facilities and services to support a diversity of homes and businesses. The Specific Plan was crafted based on the Principles below.  Extending the City’s Fabric: Create a plan that extends the existing urban fabric of the City and enhances livability through added amenities.
 Compact Mixed-Use: Integrate housing, business, employment, and civic uses crucial to the strength and economic viability of the plan. Create compact centers with a human-scaled mix of uses fronting walkable streets, further enhance its pedestrian-friendly access.  Diversity of Housing Building Types: Provide a variety of housing options allowing for a diverse mix of household sizes, lifestyles, and incomes key to a well-balanced community.  Walkable, Bikeable Streets: Establish a variety of interconnected streets providing multiple access routes to civic and commercial uses, ensuring low-traffic walking and on-street bicycling.

Streets featuring sidewalks, planting strips, on-street parking, and homes with front porches inviting walkability.
 Open Space Integration: Provide a network of parks, open spaces, and trails to serve as focal points, gathering places, recreational uses, and green connectivity. The Fresno River serves as the main open space amenity with a riverfront park, urban gardens and a trail system connection for residents and visitors to enjoy.
 Sustainability: Utilize smart growth principles advocating thoughtful and sustainable development patterns to conserve resources, reduce impacts on the environment, promote active lifestyle, support livability, offer social engagement opportunities and achieve fiscal sustainability. Protection of the Fresno River area is a vital component of the health and wellbeing of the community and the environment.

In addition to the proposed Specific Plan, additional project components are being requested by the project applicant. These include:
 Several amendments to the General Plan to allow for implementation of the Specific Plan,  A pre-zone/rezone,
 An annexation, and a zoning ordinance/municipal code text amendment.

The applications have been submitted to facilitate the approval and implementation of the Specific Plan and are described as follows. A portion of the Specific Plan area is proposed to be subdivided through two proposed tentative maps, which were contingently approved by the Planning Commission on April 5, 2022.

Specific Plan Amendment (SP No. 2017-01)
The proposed ordinance would adopt the Villages at Almond Grove Specific Plan (SPL 2017-01). The Specific Plan Area is 1,883-acres, consisting of approximately 10,800 residential units, approximately 2.1 million square feet of commercial and office space, approximately 164 acres of parks and recreational area, approximately 55 acres of schools and other public facilities.

The proposed Specific Plan provides a development framework for land use, mobility including roadways, utilities and services, resource projection, and implementation to promote the systematic and orderly development of the Specific Plan Area (Attachment 1). The Specific Plan Area is bound by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. The Plan Area consists of three (3) neighborhoods: Northwest Neighborhood (650 gross acres); Southwest Neighborhood (589 gross acres); and the Southeast Neighborhood (645 gross acres) (Attachment 3). The Plan establishes the review and approval process of subsequent development proposals such as subdivision maps, site plans, and improvement plans. Findings for the Specific Plan are detailed in Attachment 11.

General Plan Amendments (GPA No. 2017-02)
The proposed resolution provides amendments to the General Plan to modify policies in the Land Use Element related to “Village D: Northwest Madera” to allow for consistency between the General Plan and the proposed Specific Plan (Page 8-49 of the General Plan). The amendments would also modify and add policies the General Plan to incorporate a new land use category, “Specific Plan Area” (Page 8-74 of the General Plan). The amendment would also change the General Plan Land Use Designation of the Specific Plan Area to “Specific Plan Area – Villages at Almond Grove” (Page 8-11 of the General Plan, Figure LU-2).

In addition, the General Plan would be amended to remove the requirement that residential development shall conform to the “Target Density” requirement for each land use category (density requirements will be governed by given density range) (Page 8-14 of the General Plan). Removal of the requirement would give flexibility within the entire General Plan Area. The General Plan Amendment would also remove the requirement for a permanent agricultural buffer on the western edge of the Specific Plan Area (Page 8-49 of the General Plan). Findings for the General Plan Amendment are detailed in Attachment 8.

Prezone/Rezone (REZ No. 2017-02)
The portion of the plan area within the County of Madera is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE20). This area would be pre-zoned by ordinance to the new SP Zone proposed under OTA 2022-01 to facilitate the proposed annexation to the City. The smaller area of approximately 40 acres is within City limits and is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area) and would be rezoned to the new SP Zone for consistency with the new Specific Plan land use designation proposed under the GPA. Findings for the Prezone/Rezone are detailed in Attachment 9.

Zoning Ordinance Text Amendment (OTA No. 2022-01)
The City’s Municipal Code would be amended by ordinance to establish a new Specific Plan Zone District (SP Zone) to provide a framework for the establishment of standards and permitted uses in the zone, and to facilitate implementation of the Specific Plan. Standards and permitted uses would be as established through adoption of a Specific Plan. The text amendment will add Section 10-3.11.601 through 10-3.11- 605 in order to create the “Specific Plan Zones (SP)” zone district, as well as modifications to integrate the new sections. The purpose of this text amendment is to establish a general zoning classification that can be utilized when specific plans at this and other locations are adopted so that unique standards and special districts can be created without creating new zone districts in the Municipal Code. The intent is to streamline development so that this general zoning classification will be placed on parcels within a specific plan area and the detailed development requirements will be provided in a corresponding specific plan.

Findings for the Zoning Ordinance Text Amendment are detailed in Attachment 10.

Annexation (ANNX No. 2022-01)
The proposed project includes annexation of approximately 1,883 acres to the City, all of which are located within the City’s Sphere of Influence and Urban Growth Boundary. The Madera Local Agency Formation Commission (LAFCo) is the responsible agency for the annexation request. However, the City Council must first authorize an application to Madera LAFCo to initiate the annexation process. It is anticipated that the Madera LAFCo will use the EIR in its decision-making process as required under CEQA.

Findings for the Annexation are detailed in Attachment 12.

General Plan Consistency
A continuation of the City’s planned growth for residential, commercial, and public institutional land uses, as proposed by the Specific Plan, supports the General Plan vision for a Well-Planned City. This principle recognizes that the provision of housing and commercial opportunities is a key component in the implementation of the City’s General Plan and vision for the community. This principle is furthered by Land Use Goal LU-1, which states that Madera is a well-planned city prepared for growth through comprehensive planning which balances growth demands with resources and infrastructure, to facilitate high quality development. The Villages at Almond Grove Specific Plan implements the goals and policies of the City’s General Plan and provides guidance to ensure orderly growth and provisions for adequate infrastructure, and public facilities and services to support a diversity of homes and businesses. Overall, implementation of the Specific Plan would be consistent with the City’s General Plan.

Specifically, the Villages at Almond Grove Specific Plan complies with several City’s General Plan policies, including Policy LU-14 which requires the preparation of a Public Facilities Financing Plan (PFFP) for new developments in annexed areas, and Village D Specific Policies that guides development in the Plan Area.

The Specific Plan shows compliance to Policy LU-14 in Chapter 7 of the Specific Plan Infrastructure Master Plan, which identifies funding mechanisms and sources as well as financing strategy and feasibility. Village D policies include mixing of uses in the core area, conformance with the Building Blocks principles, etc.

These guidelines are addressed in the circulation, land use, development standards, and design guidelines of the Specific Plan. Additional findings for the Specific Plan are detailed in Attachment 11. As such, the Specific Plan is consistent with the City’s General Plan.

The Plan Area is within the Airport Influence Area of the Madera Municipal Airport. The Madera Countywide ALUCP identifies compatibility factors in which compatibility zones for the Madera Municipal Airport were derived and provides land use compatibility criteria for land near the airport to avoid potential safety problems and to ensure airport operations are not constrained by surrounding development. The Specific Plan is consistent with the Madera County ALUCP.

Streets and Access Points
The Circulation Plan for The Villages at Almond Grove reinforces the principal of moving vehicles, pedestrians, cyclists, and public transit safely and efficiently through and around the Plan Area. Access to the Plan Area will be provided via Avenue 17, Avenue 16, Cleveland Avenue, Road 23, and Road 24.

The Circulation Plan establishes the hierarchy and general location of roadways within the Specific Plan area (Attachment 5); conceptual sections of these roadways are provided in the Specific Plan.

A traffic study prepared as part of the Specific Plan’s EIR identifies the need for additional rights-of-way at critical intersections to accommodate lanes for left and right turn movement. Phasing and construction of the improvements shall be implemented as required by the City Engineer and pursuant to the mitigation measures identified in the EIR and as identified in the Specific Plan.

A pedestrian circulation system utilizing sidewalks and paseos will be provided. Sidewalks will be provided along all streets in the Plan Area and will vary between 5 feet and 12 feet in width. Sidewalks shall be constructed of concrete as part of the roadway improvements. Paseos are incorporated as part of the open space and lead to a connection throughout the Plan Area.

Bicycle lanes and off-street trails are an integral element in creating accessibility and mobility within the Plan Area. The Plan includes a multi-purpose pedestrian and bicycle trail along the Fresno River including implementation of the Vern McCullough Fresno River trail. The Plan proposes trail connections to link the multi-purpose trail along the river with the larger on-street bicycle network for the Plan. These bike paths will provide linkages to the City’s master planned bike path system, including the Vern McCullough Fresno River trail.

Existing public transit in Madera consists of Madera Metro and Dial-A-Ride. Madera Metro’s Route 2 is the closest public transit to the Plan Area. While there is currently no public transit in the Plan Area there is the opportunity to expand service as needed as determined by the City.

Utilities and Services
The Project is subject to an Infrastructure Master Plan that was prepared in accordance with state law to ensure provision of utilities and service systems, described as follows.

The Villages water supplies are met by the use of ground water obtained from wells that are to be newly constructed in conformance with the Madera Subbasin Groundwater Sustainability Plan (GSP). In order to reduce groundwater demand, the Plan Area will be utilizing groundwater only for indoor water supply, while using reclaimed water for outdoor irrigation.

The City’s Sanitary Sewer System Master Plan (SSSMP) identified the need for an additional sewer trunk line running down Road 23 to connect to the existing Wastewater Treatment Plant (WWTP).

To conserve water the Plan Area intends to utilize reclaimed wastewater by constructing a non-potable water distribution (purple pipe) system for all outdoor use, including all open spaces and parks. Doing so allows for efficient disposal of treated water from the local wastewater treatment plant as well as reducing the potable water demand; thus minimizing the impacts to the groundwater aquifer. In addition to meeting outdoor watering demands, reclaimed water shall also be used for groundwater recharge. The non-potable water system, irrigation system, and surface sprayer shall be constructed to be in compliance with Title 22 requirements.

The proposed storm water collection system will be comprised of roadway curb and gutter, inlets, pipelines, and retention basins. Grading shall be per the City standards. Storm water runoff will be stored in retention basins on-site and percolated into the ground.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW:

The proposed project has been reviewed for compliance with CEQA. The City prepared an Environmental Impact Report (“EIR”) (SCH #2018081051) to evaluate the environmental effects of the project (Attachment 6).

Key Components of Requested Action
Environmental Impact Report (EIR): An EIR is the highest level of environmental review under the California Environmental Quality Act (CEQA), which describes and analyzes the significant environmental effects of a project and discussing ways to mitigate or avoid the effects. The term “EIR” may mean either a draft or a final EIR depending on the context. As further described in Attachment 7, the Final EIR consists of the Draft EIR plus the Response to Comments document in which the City must address all comments received and propose changes to the Draft EIR if needed.

Response to Comments (RTC): This document provides responses to comments received on the Draft EIR and revises the Draft EIR, as necessary, in response to those comments or to make clarifications in the Draft EIR. This document, together with the Draft EIR, constitutes the Final EIR for the proposed project.

Seven comment letters were received, and the letters and responses are contained in the RTC, which is provided in the Final EIR (Attachment 5).

Mitigation Monitoring and Reporting Program (MMRP): This document contains a table with the required mitigation measures, the responsible party or parties for implementing the measure, and the timing of implementation. The MMRP is contained as Exhibit C of Attachment 7.

Findings of Fact and Statement of Overriding Considerations: When an EIR has been certified that identifies one or more significant environmental impacts, the approving agency must make one or more findings, accompanied by a brief explanation of the rationale, pursuant to CEQA Guidelines Section 15091, for each identified significant impact. The Findings of Fact and Statement of Overriding Considerations are attached as Exhibit B of Attachment 7.

Certification of the EIR: The City Council will hold a public hearing to consider the adequacy and completeness of the EIR under CEQA and will make a determination regarding certifying the EIR and adopting the necessary Findings of Fact and Statement of Overriding Considerations. The City Council will make a separate resolution (Attachment 7) regarding its determination of the proposed project.

EIR Process/Public Input and Noticing: The City, as the lead agency under CEQA, has engaged in extensive public input and noticing including:

1. Notice of Preparation (NOP) and Scoping Meeting: Upon the City’s determination that an EIR was required for this project, a NOP was made available to the general public and responsible trustee agencies to solicit input on issues of concern that should be addressed in the EIR. The NOP was issued on August 17, 2018, and the 30-day comment period on the NOP closed on September 17, 2018. The NOP was re-issued on December 3, 2018, and the 30-day comment period of the reissued NOP closed on January 2, 2019. The NOP included a project description, project location, and a brief overview of the topics to be covered in the EIR. Comment letters were received from public agencies and were incorporated into the Draft EIR (DEIR). A Scoping Meeting was also announced and two were held on September 12, 2018, and December 18, 2018. Three (3) members of the public attended the first scoping meeting and zero (0) members of the public attended the second scoping meeting. Outreach was as follows:
 NOP and Scoping Meeting notice were circulated to relevant agencies and other interested parties.
 NOP was mailed to the Office of Planning and Research State Clearinghouse.  NOP and Scoping Meeting notice were published in the Madera Tribune.  NOP was posted by the County Clerk for 30 days.
 NOP was posted by the City Clerk for 30 days, including the website.

2. Draft Environmental Impact Report: Upon completion of the Draft EIR, the City issued a Notice of Availability (NOA) announcing the release of the document for a 45-day public comment period beginning December 23, 2021. Due to the closures of public facilities in response to COVID-19, the Draft EIR was available for viewing via the following methods:
 Via web link on the City’s webpage
 Copies of the Draft EIR were made available for check-out at City Hall Seven comment letters were received. None of these comments contained new information that revealed any potentially new or more significant environmental impacts that could have required recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5.

3. Final EIR/Response to Comments: The Final EIR consists of the Draft EIR plus the Response to Comments document in which the City must address all comments and possibly propose changes to the Draft EIR, if needed. After the close of the public review period for the Draft EIR described above, the City prepared formal responses to the written comments received. CEQA Guidelines, Section 15088(b), requires the City’s responses to comments to be provided to commenting public agencies 10 days prior to final certification of the FEIR. As noted above, seven comment letters were received, and the letters are contained in the Response to Comments, which are provided in the FEIR.

As detailed in the EIR, there are some significant and unavoidable impacts associated with this project related to certain components of aesthetics, agricultural resources, air quality, noise, public services and recreation, transportation, and utility and service systems. In this regard, CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (CEQA Guidelines Section 15093[a]). CEQA requires the lead agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093[b]). The agency's statement is referred to as a "Statement of Overriding Considerations," which is Exhibit B to Attachment 8 and would be recommended as part of the approval of the Resolution.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at their regular meeting on April 5, 2022. No members of the public other than applicant and owner representatives addressed the Commission on this item. On a 5-0 vote, the Planning Commission adopted Resolution No. 1912, recommending that the City Council: (1) adopt the Findings required by CEQA Guidelines Section 15091; (2) certify the EIR for The Villages at Almond Grove Specific Plan (SPL 2017-01, GPA 2017-02, REZ 2017- 05, OTA 2022-01 and ANX 2022-01), as well as for two related subdivisions (TSMs 2020-02 and 2020-03); (3) adopt the proposed Mitigation Monitoring and Reporting Program; and (4) adopt a Statement of Overriding Considerations pursuant to CEQA.

In addition, the Commission, on a 5-0 vote, adopted Resolution No. 1913, recommending that the City Council adopt a resolution amending the General Plan (GPA 2017-02) and Municipal Code (REZ 2017-05 and OTA 2022-01) in order to approve the The Villages at Almond Grove Specific Plan (SPL 2017-01). And finally, the Commission on a 5-0 vote, also adopted Resolution No. 1911 recommending the City Council initiate annexation for The Villages at Almond Grove Specific Plan Area (ANX 2022-01). The Planning Commission resolution recommending approval of the project is included in Attachment 14.

PUBLIC NOTICE:

Public notification was achieved by posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting. Public notification also consisted of publishing a notice in the local newspaper and notification by mail of owners and occupants within at least a 300-foot radius of the subject property.

FISCAL IMPACT:

The applicant paid various Planning Department entitlement fees to offset the cost associated with processing the project applications and environmental review. Additional fees will be required from the Planning, Engineering and Building Departments in conjunction with on-site development, civil improvement plans and building plan check and permitting.

ALTERNATIVES:

The Council could consider alternatives other than the Planning Commission and staff’s recommendation for approval of the project. Those include:
 Denial of the requests. Should the requests be denied, the subject site would remain subject to the current General Plan Land Use designation.
 Continue the item with direction to staff to provide additional information so as to allow the Council time to digest that information in advance of a decision.  Provide staff with other alternative directives.

ATTACHMENTS:

1. Attachment 1: Vicinity Map.

2. Attachment 2: Current Assessor Parcels.

3. Attachment 3: Aerial Photograph and Physical Setting.

4. Attachment 4: Specific Plan: The Villages at Almond Grove Specific Plan.

5. Attachment 5: Circulation Plan.

6. Attachment 6: EIR - Environmental Impact Report (SCH #2018081051) For The Proposed Villages At Almond Grove Specific Plan.

7. Attachment 7: CEQA Resolution: A Resolution Of The City Council of the City Of The City Of Madera to (1) Adopt The Findings Required By CEQA Guidelines, Section 15091; (2) Certify The Environmental Impact Report (SCH #2018081051) For The Proposed The Villages At Almond Grove Specific Plan (A 1,883-Acre Area Bounded By Avenue 17 On The North, Road 22 On The West, The Fresno River On The South, And Road 23 And Road 24 On The East), Including General Plan Amendment (GPA 2017-02), Pre-Zoning/ Rezoning (REZ 2017-05), Annexation (2022-01), Zoning Ordinance Text Amendment (Ota 2022-01) As Well As The Two Related Subdivisions (TSMs 2020-02 And 2020-03); (3) Adopt The Proposed Mitigation Monitoring And Reporting Program, And (4) Adopt A Statement Of Overriding Considerations, Pursuant To The California Environmental Quality Act.

8. Attachment 8: General Plan Amendment Resolution: A Resolution of the City Council of the City of Madera Approving General Plan Amendment (GPA) 2017-02 for the Villages at Almond Grove Specific Plan consistency with the General Plan.

9. Attachment 9: Rezone Ordinance: An Ordinance of the City Council of the City of Madera amending the official City of Madera Zoning Map to rezone approximately 1,883 acres within the Villages at Almond Grove Specific Plan, whose location is bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east, from Agricultural Rural Exclusive – 40 acres (ARE-40) and Agricultural Rural Exclusive – 42 acres (ARE-20), as well as PD 4500 (Planned Development, one unit per 4,500 square feet of site area) to the Specific Plan (SP) zone district.

10. Attachment 10: An Ordinance of the City Council of the City of Madera amending Section 10-

3.301 of Chapter 3 of Title 10 of the City Municipal Code, and adding Sections 10-3.11.601 through Section 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the City Municipal Code to provide for Specific Plan Zones (SP).

11. Attachment 11: Specific Plan Ordinance: an Ordinance of the City Council of the City of Madera adopting the proposed Villages at Almond Grove Specific Plan (Specific Plan No. 2017-01).

12. Attachment 12: Annexation Resolution: A Resolution of the City Council of the City of Madera Initiating Annexation of the Villages at Almond Grove Specific Plan Area (Annexation No. 22-01).

13. Attachment 13: Madera County: Correspondence dated March 23, 2022, regarding Airport Land Use Consistency Review.

14. Attachment 14: Planning Commission Resolutions.

ATTACHMENT 1: VICINITY MAP
ATTACHMENT 2: CURRENT ASSESSOR PARCELS
Avenue 17
V 0330-700-04
0330-700-05 /
"' M
-0 "' "'
"' 0330-700-02 0330-700-03 ~ 0 0
a: a:
~
V-- 0331-700-02
/
'T 0331-700-09 "' 0331 -700-01 0331-800-02 -0
r-- ~
0331 -700-05 0331-700-10
0331-800-03
·- 0331-700-11
-• I • I • -
Fresno River
--• ----• -
Source: KTGY Gl'OOp EB N. 1 5.

ATTACHMENT 3: AERIAL PHOTOGRAPH AND PHYSICAL SETTING
ATTACHMENT 4: THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN The Villages at Almond Grove Specific Plan is distributed as a separately bound document and is also posted on the City’s Website on the Planning Division page under Current Projects and Environmental Review at the following website address: https://www.madera.gov/home/departments/planning/#trcurrent-projects-environmental-review-2436011.

ATTACHMENT 5: CIRCULATION PLAN
Nori est
Neighborhood
v-tDR
::: ,,_-=- ~ r ---------- o
C
0 ..

V.f.DR
'i-LIIR
Sou1hwest
Neighborhood
Source: Precision CMI Engineering
V·8'
LEGEND
11 11 ■ Road 23 (135')
Alteri.JI (110')
11 11 ■ (olle<:IOI (90')
11 11 ■ Reiidential(601
Reidential with Trail
Couplet -One Way {6T)
local Commercial (57')
ffontage (50')
....... ....... ....... ....... ....... Allerlal Roadway Width Varlel Project Boundary
YL1ti s,)
¥·1.H
V+LOII
-IA.SIN
V-MDR
V·MOII
, ... ..,, 'I-PR Y-OS
Southeast
~fiwtr Neighborhood
Y.MDR
..

N
C
C
0 ..

N. T. S.

ATTACHMENT 6: ENVIRONMENTAL IMPACT REPORT
Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project and has prepared an environmental impact report (“EIR”) to evaluate the environmental effects of the Project. The EIR (SCH #2018081051) is distributed as a separately bound document and is also posted on the City’s Website on the Planning Division page under Current Projects and Environmental Review at the following website address:
https://www.madera.gov/home/departments/planning/#tr-current-projects-environmental-review2436011.

ATTACHMENT 7: CEQA Resolution
A Resolution Of The City Council of the City Of The City Of Madera to (1) Adopt The Findings Required By CEQA Guidelines, Section 15091; (2) Certify The Environmental Impact Report (SCH #2018081051) For The Proposed The Villages At Almond Grove Specific Plan (A 1,883-Acre Area Bounded By Avenue 17 On The North, Road 22 On The West, The Fresno River On The South, And Road 23 And Road 24 On The East), Including General Plan Amendment (GPA 2017-02), Pre-Zoning/ Rezoning (REZ 2017-05), Annexation (2022-01), Zoning Ordinance Text Amendment (Ota 2022-01) As Well As The Two Related Subdivisions (TSMs 2020-02 And 2020-03); (3) Adopt The Proposed Mitigation Monitoring And Reporting Program, And (4) Adopt A Statement Of Overriding Considerations, Pursuant To The California Environmental Quality Act
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA TO (1) ADOPT THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFY THE ENVIRONMENTAL IMPACT REPORT (SCH #2018081051)

FOR THE PROPOSED THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN (A 1,883-ACRE AREA BOUNDED BY AVENUE 17 ON THE NORTH, ROAD 22 ON THE WEST, THE FRESNO RIVER ON THE SOUTH, AND ROAD 23 AND ROAD 24 ON THE EAST), INCLUDING GENERAL PLAN AMENDMENT (GPA 2017-02), PRE-ZONING/ REZONING (REZ 2017-05), ANNEXATION (2022-01), ZONING ORDINANCE TEXT AMENDMENT (OTA 2022-01) AS WELL AS THE TWO RELATED SUBDIVISIONS (TSMs 2020-02 and 2020-03); (3) ADOPT THE

PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT

TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the project known as the “The Villages at Almond Grove Specific Plan” (Specific Plan), a specific plan, is located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. The project also includes, within the boundaries of the Specific Plan, Vesting Tentative Subdivision Map 2020-02 on approximately 645 acres and Vesting Tentative Subdivision Map 2020-03 on approximately 661 acres; and WHEREAS, the Specific Plan proposes a mix of uses consisting of low-, medium- and high-density residential uses, commercial uses, office uses, and public spaces for schools, parks and recreational areas. The project would include approximately 10,800 residential units, approximately 2.1 million square feet of commercial and office space, approximately 164 acres of parks and recreational area, and approximately 55 acres of schools and other public facilities; and
WHEREAS, approval of the Specific Plan would require approval of General Plan Amendment 2017-02, Specific Plan No. 2017-01 (adopting the Specific Plan), Pre-Zoning/ Rezoning 2017-05, Annexation No. 2022-01, and Zoning Ordinance Text Amendment No. OTA 2022-01; and
WHEREAS, Precision Civil Engineering, Inc., has submitted the related Tentative Subdivision Map 2020-02 on behalf of the property owners, Fagundes, Fagundes, Fagundes, for private development within the Southeast Neighborhood portion of the Specific Plan area that will create a 2,390-lot residential subdivision and 29 outlets, 10 of which will be used for parks or open space, 2 for storm drain basins, 12 for future mixed-use developments, 4 for high-density residential uses, and 1 for a future school site. The site is broken up into 27 blocks and will be primarily a mix of Low-Density, Medium-Density, and High-Density residential uses; and WHEREAS, Precision Civil Engineering, Inc., has submitted the related Tentative Subdivision Map 2020-03, also on behalf of the property owners, Fagundes, Fagundes, Fagundes, for private development within the Northwest Neighborhood portion of the Specific Plan area that will create a 2,815-lot residential subdivision and 17 outlots, 6 of which will be used for parks or open space, 6 for future business park developments, 3 for storm drain basins, 1 for future mixed- use developments, and 1 for a future school site. The site is broken up into 36 blocks and will be primarily a mix of Low-Density and Medium-Density residential uses; and WHEREAS, as a result the following entitlements are being considered for approval by the City Council:
• Specific Plan No. 2017-01 (Adopting the Villages at Almond Grove Specific Plan) • Environmental Impact Report (SCH #2018081051)
• General Plan Amendment (GPA) No. 2017-02
• Pre-Zone/Rezone (REZ) No. 2017-05
• Annexation (ANX) No. 2022-01; and
• Zoning Ordinance/ Madera Municipal Code Text Amendment (OTA) No. 2022-01 (Southeast Neighborhood)
And the following have been contingently approved by the Planning Commission:
• Tentative Subdivision Map (TSM) No. 2020-02 (Southeast Neighborhood) • Tentative Subdivision Map (TSM) No. 2020-03 (Northwest Neighborhood) (collectively “Project”); and
WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act of 1970 (“CEQA”), the City, as the Lead Agency, has analyzed the proposed Project and has prepared an Environmental Impact Report (SCH #2018081051) (as further defined below, the “EIR”) in order to evaluate the proposed Project; and WHEREAS, in compliance with CEQA Section 21080.4, a Notice of Preparation (“NOP”) was prepared by the City and distributed for public comment to the State Clearinghouse, Office of Planning and Research, responsible agencies, and other interested parties for a 30-day public review and comment period commencing on August 17, 2018 (re-issued on December 3, 2019), after which a public scoping meeting was held during the NOP review period on September 12, 2018, and December 18, 2018; and,
WHEREAS, the draft EIR (“DEIR”) was circulated for a 45-day public review and comment period commencing on December 23, 2021, a copy of the Draft EIR (DEIR) was circulated through the State Clearinghouse (SCH #2018081051), posted on the City’s website, and was available at the Madera City Hall; and
WHEREAS, the public review period for the DEIR ended on February 7, 2022; and WHEREAS, a Final EIR (FEIR) was prepared on the proposed Project consistent with CEQA Guidelines Section 15088(b), which addressed comments received on the DEIR, responses to those comments, as well as any appropriate revisions and clarifications to the DEIR; and
WHEREAS, the City of Madera on March 16, 2022, published a legal notice in compliance with State law concerning Planning Commission consideration of the EIR in the Madera Tribune, a local newspaper of general circulation, which included the date and time of the Planning Commission consideration of a recommendation for the EIR. In addition, on or prior to March 18, 2022, a public hearing notice was mailed to each property owner within at least 300 feet of the Project site, as well as to all property owners within the Specific Plan area, indicating the date and time of the public hearing regarding the proposed Project (including the EIR) in accordance with State law; and
WHEREAS, on April 5, 2022, the Planning Commission recommended approval of the EIR and related project after it conducted a duly noticed public hearing on the EIR as defined below; and
WHEREAS, on April 20, 2022, the City Council conducted a duly noticed public hearing on the EIR as defined below, at which time it received input from City Staff, the City Attorney’s office, and the developers; public comment portion was opened, and public testimony and evidence, both written and oral, was considered by the City Council of the City of Madera, after which public testimony was closed; and
WHEREAS, the City Council has reviewed the EIR and all associated documents prepared for the project, the staff reports pertaining to the EIR, and all of the evidence received by the City Council; and
WHEREAS, Section 21000 of the Public Resources Code and Section 15000 et. seq. of Title 14 of the California Code of Regulations (“CEQA Guidelines”) which govern the preparation, content, and processing of environmental impact reports, have been fully implemented in the preparation of the EIR; and
WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment caused by the Specific Plan and the associated tentative Subdivision maps; and
WHEREAS, the City Council declares that, despite the occurrence of significant environmental effects that cannot be substantially lessened or avoided through adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, technical, and other considerations for approving the project that the Council believes justify the occurrence of those impacts; and
WHEREAS, CEQA (Guidelines Section 15043) affirms the City Council’s authority to approve a project even though it may cause significant effects on the environment so long as the Council makes a fully informed and publicly disclosed decision that there is no feasible way to lessen or avoid the significant effects (CEQA Guidelines Section 15091) and that there are specifically identified expected benefits from the project that outweigh the policy of reducing or avoiding significant environmental impacts of the project (CEQA Guidelines Section 15093).

WHEREAS, after deliberation and consideration of all relevant items, the City Council desires to (1) adopt the findings required by CEQA Guidelines, section 15091; (2) certify the EIR; (3) adopt the proposed mitigation monitoring and reporting program (“MMRP”), and (4) adopt a statement of overriding considerations, pursuant to CEQA; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the City Council of the City of Madera resolves as follows:

1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
/
/
/
/
/
/
/

2. EIR Contents. The EIR consists of the following:
a. The FEIR including any attached appendices;
b. The DEIR including attached appendices;
c. The Notice of Preparation and comments received in response to the Notice of Preparation;
d. The Mitigation Monitoring and Reporting Plan (“MMRP”); e. Additions and corrections to the remaining portions of the DEIR that have been made pursuant to public comments and DEIR review including all appendices attached thereto; f. Comments received on the DEIR with responses to each of the comments made; g. The Notice of Completion and Availability of the DEIR for public review; and h. Any other information added by the Lead Agency.
(All hereafter collectively referred to as the “EIR”).

3. Accompanying Documents To EIR. Documents that shall accompany and be part of the EIR are:
a. Mitigation Monitoring and Reporting Program; and
b. Findings of Fact and Statement of Overriding Considerations.

4. Certification Of Compliance With California Environmental Quality Act. The City Council does hereby find that the EIR (Exhibit “A” to this Resolution, a copy which is on file with the City’s Planning Department), the Findings of Fact and the Statement of Overriding Considerations (Exhibit “B” to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit “C” to this Resolution) have been prepared in accordance with requirements of the California Environmental Quality Act, and the CEQA Guidelines.

5. CEQA Findings of Fact, Mitigation Monitoring And Reporting Program and Statement of Overriding Considerations.
a. Adopt Findings of Fact. The City Council approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit “B” of this Resolution.
b. Certify Environmental Impact Report. The City Council certify that (1) the EIR has been completed in compliance with CEQA; (2) that it has reviewed and considered the information contained in the EIR prior to approving the project; and (3) that the EIR reflects the City Council’s independent judgment and analysis.
c. Feasible and Binding Effect of Mitigation Monitoring and Reporting Program. As more fully identified and set forth in EIR and in the Findings of Fact for this Project, which is Exhibit “B” to this Resolution, the City Council finds that the mitigation measures described and specifically identified in the above referenced documents are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program.
d. Adopt Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and, certain significant or potentially significant environmental effects caused by the proposed modified Project directly, or cumulatively, will remain. The /
/
/
/
/
/
proposed Project has been carefully reviewed and the policies included in the proposed Project along with the mitigation measures identified in the EIR have avoided or substantially lessen several environmental impacts, to the extent feasible. Nonetheless, the proposed Project may have certain environmental effects which cannot be avoided or substantially lessened. The City has carefully considered all of the environmental impacts that have not been mitigated to an insignificant level. Therefore, the City Council issues and approves a Statement of Overriding Considerations in the form set forth in Exhibit “B,” which identifies the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable.
e. Adopt Mitigation Monitoring and Reporting Program. As required by applicable State law, the City Council adopt the Mitigation Monitoring and Reporting Program set forth in Exhibit “C” of this Resolution. The City Council finds that the Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program.

6. Custodian of Records. The City Clerk is the custodian of records for documents comprising the record of the proceedings upon which its decision is based. These documents are maintained at City Hall, located at 205 West 4th Street, Madera, CA 93637.

7. Effective Date of Resolution. This Resolution shall become effective immediately. * * * * *
Exhibit A: Environmental Impact Report (provided as a separate document).

Exhibit B: Findings of Fact and the Statement of Overriding Considerations.

Exhibit C: Mitigation Monitoring and Reporting Program. /
/
/
/
/
/
EXHIBIT “A”
Environmental Impact Report
Provided as a separate document located at:
https://www.madera.gov/home/departments/planning/#tr-current-projectsenvironmental-review-2436011 /
/
/
/
/
/
EXHIBIT “B”
Findings of Fact and
Statement of Overriding Considerations
01236.0505/783247.1 March 2022
DRAFT

FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

ENVIRONMENTAL IMPACT REPORT

MADERA, CALIFORNIA
LSA
This page intentionally left blank
01236.0505/783247.1 March 2022
DRAFT

FINDINGS OF FACT AND STATEMENT OF

OVERRIDING CONSIDERATIONS

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

ENVIRONMENTAL IMPACT REPORT

MADERA, CALIFORNIA
Submitted to:

City of Madera
Community Development Department
205 West 4th Street
Madera, California 93637
Prepared by:

LSA
2565 Alluvial Avenue, Suite 172
Clovis, California 93611
Project No. CMD1801
LSA
This page intentionally left blank

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA
01236.0505/783247.1 March 2022

TABLE OF CONTENTS
EXECUTIVE SUMMARY............................................................................................................................. i Table of Contents.................................................................................................................................. iii

1.0 INTRODUCTION.................................................................................................... 1

2.0 PROJECT DESCRIPTION......................................................................................... 3

2.1 Project Location and Setting .......................................................................................................... 3

2.2 Project............................................................................................................................................ 3 Project Objectives.......................................................................................................................................... 4

2.3 Project Alternatives........................................................................................................................ 5

3.0 PROCEDURAL FINDINGS ....................................................................................... 7

4.0 RECORD OF PROCEDINGS ..................................................................................... 9

5.0 FINDINGS REQUIRED UNDER CEQA..................................................................... 12

5.1 Summary of Findings.................................................................................................................... 13 Findings Regarding EIR Recirculation ..........................................................................................................14 Findings Regarding Less Than Significant Impacts (No Mitigation Required) .............................................15 Findings Regarding Impacts Mitigated to a Level of Less than Significant..................................................19 Findings Regarding Cumulative Impacts Mitigated to Less-than-Significant Levels....................................33 Findings Regarding Environmental Impacts not Mitigated to Less-than-Significant Levels........................35 Findings Regarding Cumulative Impacts not Mitigated to Less-than-Significant Levels .............................49

5.2 Mitigation Monitoring.................................................................................................................. 52

5.3 Significant Irreversible Environment Effects................................................................................ 53

5.4 Growth Inducement..................................................................................................................... 54

6.0 PROJECT ALTERNATIVES..................................................................................... 56 Alternatives Considered in the EIR....................................................................................................... 56 Alternative 1: No Project Alternative ..........................................................................................................57 Alternative 2: Low Density Residential Alternative .....................................................................................57 Alternative 3: Reduced Project Alternative................................................................................................. 57 Findings Regarding Alternatives..................................................................................................................57

7.0 STATEMENT OF OVERRIDING CONSIDERATIONS................................................. 59 LSA
LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022
This page intentionally left blank
LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

1.0 INTRODUCTION
The purpose of these findings is to satisfy the requirements of Sections 15091, 15092, and 15093 of the California Environmental Quality Act (CEQA) Guidelines, associated with approval of The Villages at Almond Grove Specific Plan and related entitlements (project) and certification of the Environmental Impact Report (EIR) for the project.

The CEQA Statutes (California Public Resources Code [PRC] Sections 21000, et seq.) and Guidelines (California Code of Regulations [CCR] Sections 15000, et seq.) state that if it has been determined that a project may or will have significant impacts on the environment, then an environmental impact report (EIR) must be prepared. Prior to approval of the project, the EIR must be certified pursuant to CEQA Guidelines Section 15090. When an EIR has been certified that identifies one or more significant environmental impacts, the approving agency must make one or more of the following findings, accompanied by a brief explanation of the rationale, pursuant to CEQA Guidelines Section 15091, for each identified significant impact:
a. Changes or alterations have been required in, or incorporated into, such project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency, or can and should be adopted by such other agency. c. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

CEQA Guidelines Section 15092 states that after consideration of an EIR, and in conjunction with making the Section 15091 findings identified above, the lead agency may decide whether or how to approve or carry out the project. A project that would result in a significant environmental impact cannot be approved if feasible mitigation measures or feasible alternatives can avoid or substantially lessen the impact.

However, in the absence of feasible mitigation, an agency may approve a project with significant and unavoidable impacts, if there are specific economic, legal, social, technological, or other considerations that outweigh the unavoidable adverse environmental effects. CEQA Guidelines Section 15093 requires the lead agency to document and substantiate any such determination in a “statement of overriding considerations” as a part of the record.

The requirements of CEQA Guidelines Sections 15091, 15092, and 15093 (as summarized above) are all addressed herein. This document summarizes the findings of fact and statement of overriding considerations authorized by those provisions of the CEQA Guidelines and by the PRC for the project.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

2.0 PROJECT DESCRIPTION
The following provides a summary of the Project Description.

2.1 PROJECT LOCATION AND SETTING
The City of Madera is located in Madera County, west of the Sierra Nevada. The City is located along California State Route (SR) 99, 13 miles southeast of Chowchilla and 15 miles northwest of Fresno.

The project area (Specific Plan Area) is 1,883 acres in size and is located on the western edge of the City of Madera. In October 2018, the Madera County Local Agency Formation Commission (LAFCO) approved the expansion of the City’s Sphere of Influence to include the Specific Plan Area. The proposed project is bounded by the Fresno River to the south, Road 24 to the east, Avenue 17 to the north, and Road 22 to the west.

The Specific Plan Area is surrounded by primarily agriculture uses on the north and western boundaries, and the Fresno River and agriculture uses to the south. The Madera Municipal Golf Course, Madera Municipal Airport, and residential uses are directly north and east of the project site.

2.2 PROJECT
The project consists of several components:
• General Plan Amendment. The project includes several amendments to the General Plan (General Plan Amendment 2017-02). The City’s General Plan would be amended to create a Specific Plan land use category that would be applied to the Specific Plan Area. In addition, the General Plan would be amended to remove the requirement that residential development shall conform to the “Target Density” requirement for each land use category. The General Plan Amendment would also remove the requirement for a permanent agricultural buffer on the western edge of the Specific Plan Area.
• Specific Plan. The purpose of the proposed Specific Plan (Specific Plan No. 2017-01) is to provide guidance for an orderly and cohesive planned community consistent with the City of Madera General Plan and zoning ordinance. The Specific Plan Area is 1,883-acres, consisting of approximately 10,800 residential units, approximately 2.1 million square feet of commercial and office space, approximately 164 acres of parks and recreational area, approximately 55 acres of schools and other public facilities. The proposed Specific Plan provides a development framework for land use, mobility including roadways, utilities and services, resource projection, and implementation to promote the systematic and orderly development of the Specific Plan Area.
• Pre-Zoning/Zoning Amendments. The Specific Plan Area is currently zoned by Madera County Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE20). The entire plan area would be pre-zoned by the City of Madera consistent with City zoning as identified in the proposed Specific Plan (Pre-Zoning/ Rezoning 2017-05).

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022
G:\_General Plan, Specific & Master Plans\SPL - Specific Plans\SPL 2017-01 Village D\Public Hearings\04 20 22 CC\Final\04 20 22 CC (Village D) CC Staff Report - Attachment 7\04 20 22 (Village D) CC Staff Report - Attachment 7 Exhibit B - Findings.DOCX (04/14/22) 4 • Annexation. The proposed project includes annexation of 1,883 acres to the City of Madera (Annexation No. 2022-01). Annexation can only occur if and once Madera LAFCo has approved a Sphere of Influence Amendment (SOIA); however, this may happen shortly after a SOIA is approved. Madera LAFCo is the responsible agency for the annexation request. It is anticipated that the Madera LAFCo will use this EIR in its decision-making process as required under CEQA. • Zoning Ordinance/Madera Municipal Code Amendments. The City’s Municipal Code would be amended to include a specific plan zone district (SP Zone) to provide a framework for standards and permitted uses in the zone (Zoning Ordinance Text Amendment No. OTA 2022-01). • Vesting Tentative Tract Map No. 2020-02. Vesting Tentative Tract Map No. 2020-02 pertains to the Southeast Neighborhood of the proposed Specific Plan, consisting of approximately 645 gross acres of property located east of Road 23, between Avenue 16 and the Fresno River. It proposes the creation of a 2,390-lot residential subdivision with lots ranging in size from 40 feet by 80 feet, to 55 feet by 110 feet. In addition to these residential lots, the tentative tract map proposes to create 29 outlots, 10 of which will be used for parks or open space, 2 for storm drain basins, 12 for future mixed-use developments, 4 for high-density residential uses, and 1 for a future school site. The site will be primarily a mix of Low-Density, Medium-Density, and High-Density residential uses. This tract map will conform to the Permitted Uses pursuant to the proposed Specific Plan; however, conditional uses will require separate land use entitlements pursuant to the proposed Specific Plan and may require future environmental analysis. Because the proposed subdivision is larger than a typical tract map, the map for Tentative Tract Map 2020-02 is currently proposed to be divided into 27 blocks. • Vesting Tentative Tract Map No. 2020-03. Vesting Tentative Tract Map No. 2020-03 pertains to the Northwest Neighborhood of the proposed Specific Plan, consisting of approximately 661 gross acres of property located west of Road 23, between Avenue 16 and Avenue 17. The Map proposes the creation of a 2,815-lot residential subdivision with lots ranging in size from 40 feet by 80 feet to 55 feet by 110 feet. In addition to these residential lots, the tentative tract map proposes to create 17 outlots, 6 of which will be used for parks or open space, 6 for future business park developments, 3 for storm drain basins, 1 for future mixed- use developments, and 1 for a future school site. This tentative tract map will conform to the Permitted Uses pursuant to the proposed Specific Plan; however, conditional uses will require separate land use entitlements pursuant to the proposed Specific Plan and may require future environmental analysis. Because the proposed subdivision is larger than a typical tract map, the map for Tentative Tract Map 2020-03 is currently proposed to be divided into 36 blocks.

A number of other permits and approvals are also contemplated as part of the project, as further described in Section 3.4 of the EIR, which is incorporated by reference.

Project Objectives
The proposed Specific Plan is designed to implement a series of project-specific objectives to ensure that the proposed Specific Plan is implemented with quality residential, commercial, and light industrial development. The following is a list of project objectives:

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA
G:\_General Plan, Specific & Master Plans\SPL - Specific Plans\SPL 2017-01 Village D\Public Hearings\04 20 22 CC\Final\04 20 22 CC (Village D) CC Staff Report - Attachment 7\04 20 22 (Village D) CC Staff Report - Attachment 7 Exhibit B - Findings.DOCX (04/14/22) 01236.0505/783247.1 5
• Address the City of Madera’s current and projected housing needs for all segments of the community by providing a range of single- and multi-family homes. • Promote high quality retail and mixed-use development to attract an array of businesses and employment opportunities.
• Establish a mix of land uses and local-serving activities that meet the General Plan’s objectives concerning community character and pedestrian-friendly design. • Implement the City’s General Plan Land Use Element goal to facilitate annexation of large areas of land that are governed by a specific plan, which provides for compatibility of land uses, fiscal balance, recreation, and resource protection.
• Establish a transportation network that will fulfill the policies of the Madera General Plan’s Circulation Element by allowing residents to live within proximity to schools, recreational opportunities, retail centers, and commercial development, and minimize vehicle trips through utilizing access to a variety of transportation opportunities, including pedestrian pathways, bikeways, regional arterials, and transit.
• Promote opportunities for water efficiency in Plan Area architecture and landscaping to promote water conservation.
• Incorporate green and sustainable practices, as practicable, in developing buildings and infrastructure.
• Undertake development of the Specific Plan Area in a manner that is economically feasible and balanced to address the City’s economic interests.

2.3 PROJECT ALTERNATIVES
Below is a summary of the alternatives that were considered and evaluated. Findings for the alternatives are included in Section 6.0 of this document.

No Project Alternative
Under this alternative, no development identified in the proposed Specific Plan would occur, and the Specific Plan Area would continue to be use for agricultural production within an unincorporated area of Madera County. Although the City includes the proposed Specific Plan Area within the Urban Growth Boundary, the proposed Specific Plan Area is located outside of the City limits. Under this Alternative no construction activities or long-term operations associated with the proposed Specific Plan would occur.

Low Density Residential Alternative
Under this alternative, the proposed Specific Plan would be implemented with residential zoning and densities that would be consistent with the City’s residential zoning for low density. The City’s residential zoning densities for low density range from 3 units to 7 units per acre. For the purpose of LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Reduced Project Alternative
Under this alternative approximately 7,600 residential units would be constructed but the mixeduse development occurring within the Specific Plan Area would be removed to reduce potential significant and adverse environmental impacts related to air quality resulting from construction, greenhouse gas emissions, vehicle-generated noise, and conflicts with roadway policies. In addition, 500 acres of agricultural land would be preserved within the Specific Plan Area site to reduce significant and unavoidable impacts related agricultural conversion that would result from implementation of the proposed Specific Plan. This alternative would likely preserve agricultural land uses in the Southwest Neighborhood area where Williamson Act Contracts are still in place and in the Northwest Neighborhood to ensure that compatibility with the Madera County ALUCP. This alternative was selected to allow for a mix of residential densities within the Specific Plan Area, and to preserve agricultural land uses that would be developed under the propose Specific Plan.

For the purpose of the analysis in the EIR, acreages identified for the Village Mixed Use district (120 acres), Village Business Park (30 acres), Village Parks and Recreation (64 acres), Village Country Estates (36 acres), Village Low Density (145 acres), and Village High Density (105 acres) would be reallocated to agriculture land uses. This would result in a total of 500 acres of agriculture land uses and a total buildout of 7,601 residential units in the Specific Plan Area. Land uses identified as Village Medium Density, Village Open Space, Village Public Facilities, and Major Roadways would be the same as the proposed Specific Plan.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

3.0 PROCEDURAL FINDINGS
Based on the nature and scope of the project, the City of Madera (City) determined, based on substantial evidence, that the project may have a significant effect on the environment and prepared an EIR for the project. The EIR (State Clearinghouse No. 2018081051) was prepared, noticed, published, circulated, reviewed, and completed in full compliance with CEQA, and additional noticing and opportunities for public comment were also provided, as follows:
• A Notice of Preparation (NOP) was prepared and circulated on August 17, 2018, for a 30-day public and agency comment period. The NOP was submitted to the State Clearinghouse, Madera County Clerk-Recorder, and responsible and trustee agencies. • A public scoping meeting to receive comments regarding the issues to be covered in the EIR was held on September 12, 2018, at the Council Chambers in Madera City Hall, Madera, CA. • A Reissued Notice of Preparation (NOP) was prepared and re-circulated on December 3, 2018, for a 30-day public and agency comment period, following changes made to the project after the original NOP. The NOP was submitted to the State Clearinghouse, Madera County ClerkRecorder, and responsible and trustee agencies. • A second public scoping meeting to receive comments regarding the issues to be covered in the EIR was held on December 18, 2018, at the Council Chambers in Madera City Hall, Madera, CA. • A Notice of Completion (NOC) and an electronic copy of the Draft EIR were distributed to the Office of Planning and Research on December 23, 2021, to those public agencies that have jurisdiction by law with respect to the project, or which exercise authority over resources that may be affected by the project, and to other interested parties and agencies as required by law. • A Notice of Availability (NOA) of the Draft EIR was mailed on December 23, 2021, to all interested groups, organizations, and individuals who had previously requested notice in order to comply with Public Resources Code Section 21092(b)(3). The Draft EIR was also published in the Madera Tribune newspaper to comply with Section 15087(a) of the State CEQA Guidelines and was distributed to affected agencies, surrounding cities and municipalities, and all interested parties. Hard copies of the Draft EIR were made available at the City’s offices and an electronic version was made available for downloading on the City’s website. • A 45-day public comment period for the Draft EIR began on December 23, 2021.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

4.0 RECORD OF PROCEEDINGS
In accordance with PRC Section 21167.6(e), the record of proceedings for the City’s decision on the project includes the following documents, which are incorporated by reference and made part of the record supporting these findings:
• All information (including written evidence and testimony) provided by City staff, City Planning Commission, and/or City Council relating to the EIR, the approvals, and the proposed project, including City staff reports and all attachments;
• The Draft EIR and all appendices to the Draft EIR;
• The FEIR and all appendices to the FEIR;
• All notices required by CEQA and presentation materials related to the project; • All comments submitted by agencies or members of the public during the comment periods on the two NOPs and the Draft EIR;
• All final applications, letters, testimony and presentations presented by the project Applicant (“Applicant”) and its consultants to the City in connection with the proposed project; • All studies conducted for the project and contained or referenced in the Draft EIR and the FEIR; • All documents cited or referenced in the Draft EIR and the FEIR; • All public reports and documents related to the project prepared for the City and other agencies;
• All information (including written evidence and testimony) presented to the City from other public agencies relating to the proposed project and EIR; • All final information (including written evidence and testimony) presented to the City staff, City Planning Commission, and/or City Council by the environmental consultant and sub-consultants who prepared the EIR or incorporated into reports presented to the City Council; • All final information (including written evidence and testimony) presented at any City public hearing or any City workshop related to the proposed project and the EIR; • All other documents related to the project;
• For documentary and information purposes, all City-adopted land use plans and ordinances, including without limitation the general plan, specific plans and ordinances, together with environmental review documents, findings, mitigation monitoring programs and other documentation relevant to planned growth in the area;
LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

The documents constituting the record of proceedings are available for review by responsible agencies and interested members of the public during normal business hours at the City Planning Department located at City Hall at 205 West 4th Street, Madera, CA.

The Draft EIR and FEIR are incorporated into these findings in their entirety, unless and only to the extent these findings expressly do not incorporate by reference the Draft EIR and FEIR. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the project in spite of the potential for associated significant and unavoidable adverse physical environmental impacts.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

The first such finding is that changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the FEIR (CEQA Guidelines Section 15091[a][1]). For purposes of these findings, the term “avoid” refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less-than-significant level, or of the project’s ability to avoid a potentially significant impact altogether. In contrast, the term “substantially lessen” refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less-than-significant level.

The second permissible finding is that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, and that such changes have been adopted by such other agency or can and should be adopted by such other agency (CEQA Guidelines Section 15091[a][2]).

The third potential conclusion is that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Draft EIR and FEIR (EIR) (CEQA Guidelines Section 15091[a][(3]). “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, legal, and technological factors (CEQA Guidelines Section 15364).

The concept of “feasibility” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. Moreover, “feasibility” under CEQA encompasses “desirability” to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, legal, and technological factors” (City of Del Mar v. City of San Diego [1982] 133 Cal.App.3d 410, 417).

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

With respect to a project for which significant impacts are not avoided or substantially lessened, a lead agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons in support of the finding that the project benefits outweigh its unavoidable adverse environmental effects. In the process of considering the EIR for certification, the City has recognized that impact avoidance is not possible in all instances. To the extent that significant adverse environmental impacts will not be reduced to a less-than-significant level with the adopted mitigation, the City has found that specific economic, social, and other considerations support approval of the project. Those findings are reflected herein in Section 5, “Findings Required Under CEQA,” and in Section 7, “Statement of Overriding Considerations,” below.

5.1 SUMMARY OF FINDINGS
The Draft EIR identified a number of less-than-significant impacts associated with the project that do not require mitigation. The Draft EIR also identified a number of significant and potentially significant environmental effects (or impacts) that may be caused in whole or in part by the project.

Some of these significant effects can be fully avoided or substantially lessened through the adoption of feasible mitigation measures. Other effects cannot be, and thus may be significant and unavoidable. For reasons set forth in Section 7, “Statement of Overriding Considerations,” however, the City has determined that overriding economic, social, and other considerations outweigh the significant, unavoidable effects of the project.

The findings of the City with respect to the project’s significant effects and mitigation measures are set forth in the EIR and these Findings of Fact. The Summary of Findings does not attempt to replicate or restate the full analysis of each environmental impact contained in the EIR. Please refer to the Draft EIR and FEIR for more detail.

The following provides a summary description of each potentially significant and significant impact, describes the applicable mitigation measures identified in the FEIR and adopted by the City, and states the findings of the City regarding the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the Draft EIR and FEIR and associated record (described herein), both of which are incorporated by reference. The City hereby ratifies, adopts, and incorporates the analysis and explanation in the record into these findings, and ratifies, adopts, and incorporates in these findings the determinations and conclusions of the EIR relating to environmental impacts and mitigation measures, except to the extent any such determinations and conclusions are specifically and expressly modified by these findings.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Findings Regarding EIR Recirculation
CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR when “significant new information” is added to the EIR after the lead agency gives public notice of the availability of the Draft EIR but before certification. “Information” may include project changes, changes to the environmental setting, or additional data or other information. The CEQA Guidelines do not consider new information to be significant unless the lead agency changes the EIR in a way that deprives the public of a meaningful opportunity to comment on a substantial adverse environmental effect or a feasible way to mitigate the impact that the agency or project proponent has declined to implement.

CEQA Guidelines Section 15088.5 states “significant new information” requiring recirculation may include:
• A new significant environmental impact that would result from the project or from a new mitigation measure;
• A substantial increase in the severity of an environmental impact would result unless mitigation measures would be adopted that reduce the impact to a level of insignificance; • A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the proponents will not adopt it; or
• The Draft EIR was so fundamentally and basically inadequate and conclusory that meaningful public review and comment were precluded.

Recirculation is not required if new information added to the EIR just clarifies or makes minor modifications to an otherwise adequate EIR.

The City made refinements to the Draft EIR after this document was released. These refinements are described in Chapter 4, “Draft Environmental Impact Report Text Revisions” of the Response to Comments Document. Revisions were made to Mitigation Measure AIR-2.2 to reflect updated conditions requested by the San Joaquin Valley Air Pollution Control District (SJVAPCD).

These refinements are described in greater detail in the Response to Comments Document. No impacts identified in the Draft EIR would be substantially increased because of changes to the project or mitigation measures following recirculation. There are no new feasible alternatives or mitigation measures that are considerably different from those considered in the Draft EIR that the project applicant has declined to adopt. Therefore, recirculation of the EIR is not required.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

The impacts for which the project would result in either no impact or a less-than-significant impact, and which require no mitigation, are identified in the bulleted list below. Please refer to the Draft EIR and FEIR for more detail.

AESTHETICS
• Impact AES-2: The proposed project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway.

AGRICULTURAL AND FORESTRY RESOURCES
• Impact AG-3: The proposed project would not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)).
• Impact AG-4: The proposed project would not result in the loss of forest land or conversion of forest land to non-forest use.
• Impact AG-5: The proposed project would not involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use.

AIR QUALITY
• Impact AQ-1: The proposed project would not conflict with or obstruct implementation of the applicable air quality plan.
• Impact AQ-4: The project would not result in significant odors that could adversely affect a substantial number of people.

BIOLOGICAL RESOURCES
• Impact BIO-2: The project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community.
• Impact BIO-4: The project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

ENERGY
• Impact EN-2: The proposed project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

GEOLOGY AND SOILS
• Impact GEO-4: The project would not be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial direct or indirect risks to life or property.
• Impact GEO-5: The project does not contain soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water.

HAZARDS AND HAZARDOUS MATERIALS
• Impact HAZ-2: The project would not create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment.
• Impact HAZ-3: The project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.
• Impact HAZ-4: The project could be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. • Impact HAZ-5: The project would be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, but would not result in a safety hazard for people residing or working in the project area because the proposed Specific Plan would be consistent with the applicable airport plan and the General Plan.
• Impact HAZ-6: The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. • Impact HAZ-7: The project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

HYDROLOGY AND WATER QUALITY
• Impact HYD-1: The project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. • Impact HYD-2: The project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
• Impact HYD-3: The project would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff.
• Impact HYD-4: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. • Impact HYD-5: The project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (SGMA).

LAND USE AND PLANNING
• Impact LU-1: The proposed project would not physically divide an established community.

MINERAL RESOURCES
• Impact MIN-1: The proposed project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. • Impact MIN-2: The proposed project would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan.

NOISE
• Impact NOI-3: For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, the proposed project would not expose people residing or working in the project area to excessive noise levels.

POPULATION AND HOUSING
• Impact POP-1: The project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). • Impact POP-2: The project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

TRANSPORTATION
• Impact TRA-2: The proposed project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)
• Impact TRA-3: The proposed project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment).
• Impact TRA-4: The proposed project would not result in inadequate emergency access.

UTILITIES AND SERVICE SYSTEMS
• Impact UTL-3: The wastewater treatment provider which serves the project has determined that the City has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments
• Impact UTL-4: The project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals.
• Impact UTL-5: The project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste.

WILDFIRE
• Impact WF-1: The proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan.
• Impact WF-2: The proposed project would not exacerbate wildfire risks due to slope, prevailing winds, and other factors, and thereby would not expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

CUMULATIVE IMPACTS
The project would result in either no cumulative impact or a less-than-significant cumulative impact, requiring no mitigation, for the following topics.
• Impact EN-3: Cumulative impacts related to energy.
• Impact HAZ-8: Cumulative impacts related to hazards and hazardous materials. • Impact HYD-6: Cumulative impacts related to hydrology. • Impact LU-3: Cumulative impacts related to land use and planning. • Impact MIN-3: Cumulative impacts related to mineral resources. • Impact NOI-4: Cumulative impacts related to noise.
• Impact POP-3: Cumulative impacts related to population and housing. • Impact WF-5: Cumulative impacts related to wildfire.

Findings Regarding Impacts Mitigated to a Level of Less than Significant The City hereby finds that feasible mitigation measures have been identified in the Draft EIR and that these mitigation measures will avoid or substantially lessen the following potentially significant and significant environmental impacts to a less-than-significant level. The potentially significant and the mitigation measures that will reduce them to a less-than-significant level are summarized below.

Please refer to the EIR for more detail.

BIOLOGICAL RESOURCES
Impact BIO-1: The project would have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.

Although impacts to species listed as a candidate, sensitive, or special‐status species by local, State, and federal agencies should be avoided to the greatest extent feasible, it is acknowledged that future projects may not be able to avoid these species.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Mitigation Measure BIO-1.2
Prior to the issuance of grading permits, the following measures shall be implemented to reduce potential impacts to Swainson’s hawks:
• If construction begins during the nesting season (February 1 through August 31), an early season preconstruction survey for nesting Swainson’s hawks shall be conducted between January and March in the Biological Study Area (BSA) for the Specific Plan Area and immediate vicinity (an approximately 0.25 mi radius) by a qualified biologist when tree foliage is relatively sparse and nests are easy to identify. A second preconstruction survey for nesting Swainson’s hawks shall be conducted in the BSA and immediate vicinity (an approximately 0.25 mile radius) by a qualified biologist no more than 14 days prior to initiation of earthmoving activities. • If nesting Swainson’s hawks are found within the survey area, a qualified biologist shall evaluate the potential for the project to disturb nesting activities. The California Department of Fish and Wildlife (CDFW) shall be contacted to review the evaluation and determine if the project can proceed without adversely affecting nesting activities. CDFW shall also be consulted to establish protection measures such as buffers.
• Disturbance of active nests shall be avoided until it is determined by a qualified biologist that nesting is complete and the young have fledged, or that the nest has failed. If work is allowed to proceed, at a minimum, a qualified biologist shall be on-site during the start of construction activities during the nesting season to monitor nesting activity. The monitor shall have the authority to stop work if it is determined the project is adversely affecting nesting activities.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Mitigation Measure BIO-1.3
Prior to the issuance of grading permits, the following measures shall be implemented to reduce potential impacts to northern harrier, California horned lark, and other nesting birds:
• If construction begins during the nesting season (February 1 through August 31), a qualified biologist shall survey all suitable nesting habitat in the Biological Survey Area (BSA) of the Specific Plan Area for presence of nesting birds. This survey shall occur no more than 10 days prior to the start of construction. If no nesting activity is observed, work may proceed as planned. If an active nest is discovered, a qualified biologist shall evaluate the potential for the proposed project to disturb nesting activities. The evaluation criteria shall include, but are not limited to, the location/orientation of the nest in the nest tree, the distance of the nest from the BSA, the line of sight between the nest and the BSA, and the feasibility of establishing nodisturbance buffers. • If work is allowed to proceed, a qualified biologist shall be on-site weekly during construction activities to monitor nesting activity. The biologist shall have the authority to stop work if it is determined the project is adversely affecting nesting activities. Weekly monitoring shall continue until any young have fledged or the nest fails (as determined by the qualified biologist).

Significance after Mitigation. Implementation of Mitigation Measures BIO-1.1 through BIO-1.3 would minimize impacts to special-status species and associated habitat by requiring avoidance and minimization efforts, consultation with responsible agencies, compensatory mitigation and mitigation consistent with regulatory requirements. (Draft EIR pages 4.4-13 and 4.4-17) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to special-status species and associated habitat identified in the EIR.

Impact BIO-3: The project would have a substantial adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means.

Formal delineation of aquatic features should be performed prior to issuance of grading permits in order to determine if any aquatic features within the Specific Plan Area would be considered wetlands or non-wetland waters of the U.S. under the jurisdiction of the ACOE and/or waters of the State under the jurisdiction of the RWQCB.

Mitigation Measure BIO-3
LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Significance after Mitigation. Implementation of Mitigation Measure BIO-3 would reduce impacts to state or federally protected wetlands through the preparation of wetland delineation and appropriate mitigation (if required). (Draft EIR pages 4.4-17 and 4.4-18) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to any state or federally protected wetlands identified in the EIR.

CULTURAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Impact CUL-1: The project could cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines.

Currently, the Specific Plan Area contains potentially significant early-settlement buildings that could qualify as historical resources under CEQA. The Specific Plan Area could also potentially contain early-settlement agricultural artifacts or features that could qualify as historical resources under CEQA. As a result, there is a possibility that the new development could result in demolition or substantial alterations of historical or potentially historical buildings and structures. In addition to land use development, infrastructure and other public works improvements could result in demolition or substantial alterations of historical resources.

Mitigation Measure CUL-1
Prior to the issuance of grading permits for development occurring within APN 030-170-009 and APN 0303-070-004, formal evaluations of the existing canal segments and buildings shall be completed by a qualified historic resources consultant for eligibility for inclusion in the California Register of Historical Resources (CRHR) to assess whether or not they qualify as historic resources LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Significance after Mitigation. Implementation of Mitigation Measure CUL-1 would reduce impacts to historic or cultural resources through the preparation of site-specific evaluations and mitigation measures, in accordance with Section 15064.5 of the CEQA Guidelines. (Draft EIR pages 4.5-19 through 4.5-20)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to any historic resources identified in the EIR.

Impact CUL-2: The project could cause a substantial adverse change in the significance of an archaeological resource as defined in Section 15064.5 of the CEQA Guidelines.

Based on its environmental setting, the Specific Plan Area has a high sensitivity for intact precontactperiod archaeological deposits. Additionally, although not included in the record search results, background research indicates the Chauchila Tribe village site of Ch’ekayu was documented within the southeast portion of the Specific Plan Area along the Fresno River.

Mitigation Measure CUL-2.1
To identify if an archaeological resource is present and if it meets the definition of a historical resource under the California Environmental Quality Act (CEQA), or a unique archaeological resource under Public Resources Code Section 21083.2 located in the southeastern portion of the Specific Plan Area, additional investigation including a field survey and an archaeological sensitivity analysis shall be conducted prior to the initiation of ground-disturbing activities. For projects associated with the proposed Specific Plan that are located in areas with moderate or higher sensitivity for buried archaeological resources as identified by the archaeological sensitivity analysis, subsurface testing shall be conducted to minimize possible disturbance to or inadvertent discoveries of archaeological deposits. A qualified archaeologist shall develop a monitoring plan based on depth of the excavation and data from subsurface testing to be submitted to the City of Madera Community Development Director or designee. The monitoring plan shall include observation of ground disturbing activities (such as grading, trenching and boring) to be focused in areas that are most likely to contain buried resources. The archaeologist shall limit on-site monitoring to only areas where depth of excavation and information from subsurface testing suggests that sensitive resources may be encountered.

Mitigation Measure CUL-2.2
If deposits of precontact or historic-period archaeological materials are encountered during construction activities, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery. Project personnel shall not collect or move LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

If deposits of precontact or historic-period archaeological materials are encountered and cannot be avoided, they shall be evaluated in consultation with the City and a qualified archaeologist. If the discovery is precontact in nature, geographically affiliated tribal representatives shall be consulted as part of this process. If the deposit meets the definition of a historical resource, unique archaeological resource, or tribal cultural resource under the California Environmental Quality Act (CEQA), significant impacts to the deposit will need to be avoided or appropriate treatment established. If treatment is required, a plan shall be developed in consultation with applicable parties to mitigate, avoid, or minimize significant impacts to these types of resources. Treatment may consist of, but is not necessarily limited to, systematic recovery and analysis of archaeological deposits; recording the resource; preparation of a report of findings; accessioning recovered archaeological materials at an appropriate curation facility; and community outreach. All reports produced as part of the evaluation and treatment of cultural resources identified during the project shall be submitted to the City and the Southern San Joaquin Valley Information Center (SSJVIC).

Significance after Mitigation. Implementation of Mitigation Measures CUL-2.1 and CUL-2.2 would reduce impacts to prehistoric resources through field surveys and archaeological sensitivity analyses, as well as the implementation of recommendations provide by a qualified archaeologist. (Draft EIR pages 4.5-20 through 4.5-22).

Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to any archaeological resources identified in the EIR.

Impact CUL-3: The project could disturb human remains, including those interred outside of formal cemeteries.

There is a remote possibility that human remains could be present within the Specific Plan Area, and implementation of the proposed Specific Plan has the potential to disturb human remains interred outside of formal cemeteries.

Mitigation Measure CUL-3
The following procedures shall be implemented in the event that human remains are identified during project activities:

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

The final report shall be submitted to the Southern San Joaquin Valley Information Center (SSJVIC).

Significance after Mitigation. Implementation of Mitigation Measure CUL-3 would reduce impacts to human remains through regulatory compliance, coordination with appropriate Native American representatives (if appropriate), as well as the implementation of recommendations provide by a qualified archaeologist. (Draft EIR pages 4.5-22 and 4.5-23) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to any human remains, including those interred outside of formal cemeteries, as identified in the EIR.

Impact CUL-4: The project could result in a substantial adverse change in the significance of a tribal cultural resource, defined in PRC Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe.

Impacts resulting from future development within the Specific Plan Area could impact unknown archaeological resources including Native American artifacts and human remains. Potential impacts would be reduced to a less-than-significant levels with implementation of Mitigation Measures CUL2.1 and CUL-2.2 Significance after Mitigation. Implementation of Mitigation Measures CUL-2.1 and CUL-2.2 would reduce impacts to tribal cultural resources through the identification of archaeological deposits during construction; the evaluation of unanticipated discoveries; and the recovery of significant archaeological data from those resources that warrant such investigation (i.e., historical or unique archaeological resources). (Draft EIR pages 4.5-23 and 4.5-24) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

ENERGY
Impact EN-1: The project would increase energy consumption during the operational phase.

Operational energy use consumed by the projects associated with buildout of the proposed Specific Plan would be associated with natural gas use, electricity consumption, and fuel used for vehicle trips associated with the proposed Specific Plan.

Mitigation Measure EN-1.1
Prior to approval of building permits, the Community Development Director or designee shall ensure that the energy efficiency strategies identified in the proposed Specific Plan are incorporated project construction documents. These energy efficient strategies include, but are not limited to the following:
• Provide natural lighting, where feasible, to reduce reliance on artificial lighting. • Use Low-E or EnergyStar windows.
• Use high-efficiency lighting systems with advanced lighting controls. For nonresidential buildings, consider providing motion sensors tied to dimmable lighting controls. Task lighting may be used to reduce general overhead light levels.
• Use a properly sized and energy-efficient heat/cooling system in conjunction with a thermally efficient building shell. Consider using light colors for roofing and wall finish materials, and installing high R-value wall and ceiling insulation.
• Implement some of the strategies of the EnergyStar program. • For retail, commercial and office uses, use light colored roofing with a high solar reflectance to reduce the heat island effect from roofs.
• In retail, commercial and office development, encourage the provision of preferred parking spaces for hybrid, fuel cell, electric and/or other fuel efficient vehicles.

Significance after Mitigation. Implementation of Mitigation Measure EN-1.1 would reduce impacts to operational energy consumption through the implementation of energy efficient strategies. (Draft EIR pages 4.6-14 through 4.6-15)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to any energy resources identified in the EIR.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

GEOLOGY AND SOILS
Impact GEO-1: The project could directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
a. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.);
b. Strong seismic ground shaking;
c. Seismic-related ground failure, including liquefaction; or d. Landslides.

While the Specific Plan Area is not located within an Alquist-Priolo Earthquake hazard zone, some ground shaking, as well as other seismic-related hazards, may occur within the Specific Plan Area depending on the amount of energy released from the fault, or the magnitude of the earthquake.

Mitigation Measure GEO-1.1
Consistent with Section 1803 of the California Building Code and Section 10-2.402.3 of the City of Madera Municipal Code, prior to approval of a tentative subdivision map and for other types of structures, a preliminary soils report shall be reviewed and approved by the City of Madera Community Development Director and City Engineer or their designees. As a part of the geotechnical investigations, testing of samples from subsurface investigations is required, such as from borings or test pits. Investigations shall be conducted by a registered design professional and involve in situ-testing, laboratory testing, or engineering calculations. Studies shall be done as needed to evaluate slope stability, soil strength, position, and adequacy of load-bearing soils, the effect of moisture variation on load-bearing capacity, compressibility, liquefaction, differential settlement, and expansiveness. The geotechnical investigation shall provide recommendations to be incorporated into final plans and/or improvement plans, if required, to ensure compliance with the UBC and CBC
Significance after Mitigation. Implementation of Mitigation Measure GEO-1.1 would reduce impacts related to seismic-hazards risk through a preliminary soils report, geotechnical investigations, and other soil studies performed by a qualified professional, as applicable. (Draft EIR pages 4.7-12 and 4.5-13)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to geological hazards identified in the EIR.

Impact GEO-2: The project could result in substantial soil erosion or the loss of topsoil.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Potential impacts would be reduced to a less-than-significant levels with implementation of Mitigation Measure GEO-1.1
Significance after Mitigation. Implementation of Mitigation Measure GEO-1.1 would reduce impacts related to soil erosion thorough preliminary soils reports and geotechnical investigations, as applicable. (Draft EIR pages 4.7-13 and 4.5-14) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to soil erosion identified in the EIR.

Impact GEO-3: The project could be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.

The Madera County Local Hazards Mitigation Plan (LHMP) states that subsidence has a likely probability of future occurrences in Madera County. Therefore, there is potential for landslide, lateral spreading, subsidence, liquefaction, or collapse events to occur in the Specific Plan Area.

Potential impacts would be reduced to a less-than-significant levels with implementation of Mitigation Measure GEO-1.1.

Significance after Mitigation. Implementation of Mitigation Measure GEO-1.1 would reduce impacts related to on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse thorough preliminary soils reports, geotechnical investigations, and other soil studies, as applicable. (Draft EIR pages 4.7-14 and 4.5-15)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to soil erosion identified in the EIR.

Impact GEO-6: The project may directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Unknown paleontological resources, if present within the Specific Plan Area, can potentially be damaged by ground-disturbing activities such as excavation, grading, and access road construction.

Mitigation Measure GEO-6.1
The following measures shall be implemented to reduce potential impacts to paleontological resources:
• In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA
G:\_General Plan, Specific & Master Plans\SPL - Specific Plans\SPL 2017-01 Village D\Public Hearings\04 20 22 CC\Final\04 20 22 CC (Village D) CC Staff Report - Attachment 7\04 20 22 (Village D) CC Staff Report - Attachment 7 Exhibit B - Findings.DOCX (04/14/22) 01236.0505/783247.1 29
that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the City. Appropriate mitigation measures for significant resources could include avoidance or capping or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the City approves the measures to protect the identified resources. • If unique paleontological/geological resources are found during the field survey, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist. Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed.

Significance after Mitigation. Implementation of Mitigation Measure GEO-6.1 would reduce impacts to paleontological resources through the field surveys, and implementation of mitigation measures recommended by a qualified paleontologist should resources be discovered. (Draft EIR pages 4.7-16 and 4.5-18)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts to any paleontological resources, as identified in the EIR.

GREENHOUSE GAS EMISSIONS
Impact GHG-1: The project could generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

The City of Madera Climate Action Plan (CAP) meets the requirements for a Qualified Greenhouse Gas Reduction Strategy. Therefore, the project’s GHG emissions would potentially be considered a significant impact if the project is not consistent with the City’s CAP.

Mitigation Measure GHG-1.1
Prior to issuance of grading permits, applicants shall submit to the City of Madera Planning Department a Greenhouse Gas Reduction Plan, or proof of compliance with the City’s Climate Action Plan (CAP), referencing construction plans details and specifications to document implementation and compliance with the following applicable CAP measures. Implementation of the following CAP measures is considered to be applicable, feasible, and effective in reducing greenhouse gas emissions generated by the project:

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Impact GHG-2: The project would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

The proposed Specific Plan would comply with existing State regulations adopted to achieve the overall GHG emissions reduction goals identified in AB 32, the AB 32 Scoping Plan, Executive Order B-30-15, SB 32, and AB 197 if it is consistent with the City’s CAP. Therefore, potential conflicts with applicable plans, policies or regulations for the reduction of greenhouse gas emissions would be reduced to a less-than-significant levels with implementation of Mitigation Measure GHG-1.1 Significance after Mitigation. Implementation of Mitigation Measure GHG-1.1 would reduce impacts related to noncompliance with greenhouse gas reduction plans, policies and regulations through the implementation of measures included in the City’s Climate Action Plan. (Draft EIR LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Implementation of the proposed Specific Plan could result in the demolition of existing structures that may potentially expose the public or environment to hazardous building materials.

Demolition of existing structures within the Specific Plan Area to accommodate the new development may potentially expose hazardous building materials (e.g., asbestos containing materials, lead-based paint, etc.).

Mitigation Measure HAZ-1
Prior to the issuance of demolition permits related to new development occurring under the proposed Specific Plan, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos-containing materials (ACMs) and/or LBP within existing structures to be removed. Removal by property owners and/or future developers of LBP, friable ACMs, and non-friable ACMs that have the potential to become friable during demolition, shall be outlined in an inspection report to be submitted for approval by the City of Madera Community Development Director or designee, to conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Air Pollution Control District (SJVAPCD) shall be notified by the property owners and/or future developers of properties (or their designee(s)) prior to any demolition and/or renovation activities.

Significance after Mitigation. Implementation of Mitigation Measure HAZ-1 would reduce impacts related to the release of hazardous materials through asbestos and LBP surveys, building inspections and compliance with NESHAP standards (Draft EIR pages 4.9-14 and 4.9-16) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to the release of hazardous materials, as identified in the EIR.

LAND USE AND PLANNING
Impact LU-2: The project would be inconsistent with Policy LU-14 related to the preparation of a Public Facilities Financing Plan (PFFP).

A Public Facilities Financing Plan (PFFP) is required at the time of project approval to identify infrastructure and public facilities requirements to implement the proposed Specific Plan and associated costs and financing mechanisms.

Mitigation Measure LU-2.1
LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Significance after Mitigation. Implementation of Mitigation Measure LU-2.1 would require completion and acceptance of a PFFP prior to approval of the proposed Specific Plan in order for the proposed Specific Plan to be consistent with the General Plan. Implementation of Mitigation Measure LU-2.1 would ensure that infrastructure and public facilities requirements, and associated costs and financing mechanisms, will be included as part of the project approval of the proposed Specific Plan. (Draft EIR pages 4.11-11 and 4.11-16) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to consistency with the requirements of the General Plan, as identified in the EIR.

NOISE
Impact NOI-2: The proposed project would generate excessive groundborne vibration or groundborne noise levels.

If construction activities would occur within 15 feet of adjacent structures, short-term construction impacts associated with groundborne vibration would be potentially significant.

Mitigation Measure NOI-2.1
Prior to the approval of any construction or building permits for new development occurring under the proposed Specific Plan, the City of Madera Community Development Director or designee shall ensure that construction plans include specifications that prohibit the use of heavy construction equipment within 15 feet of existing structures.

Significance after Mitigation. Implementation of Mitigation Measure NOI-2.1 would reduce impacts related to groundborne vibration or groundborne noise levels by restricting the uses of construction equipment within close proximity of existing structures. (Draft EIR pages 4.13-31 and 4.13-33)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to groundborne vibration and groundborne noise levels, as identified in the EIR.

UTILITIES
Impact UTL-2: The project could have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Mitigation Measure UTL-2
Prior to the issuance of each grading permit for projects within the Specific Plan Area, the City shall review water supplies available at the time and ensure that the required groundwater facilities, including replacing and increasing depth of groundwater wells, and the use of reclaimed water as identified in the City’s Water Master Plan are adequate to serve the project.

Significance after Mitigation. Implementation of Mitigation Measures UTL-2 would reduce impacts related to insufficient water supplies to serve the project by reviewing water supplies and ensuring that groundwater facilities and infrastructure are sufficient to serve the Specific Plan Area. (Draft EIR pages 4.17-12 and 4.17-16)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen impacts related to insufficient water supplies, as identified in the EIR.

Findings Regarding Cumulative Impacts Mitigated to Less-than-Significant Levels The City hereby finds that feasible mitigation measures have been identified in the EIR and these mitigation measures will avoid or substantially lessen the following potentially significant cumulative impacts to a less-than-significant level. The potentially significant impacts and the mitigation measures that will reduce them to a less-than-significant level are summarized below. Please refer to the EIR for more detail.

Biological Resources
Impact BIO-7: The project would have a substantial adverse cumulative effect on state or federally protected wetlands.

Development within the vicinity of the Specific Plan Area would primarily focus on conversion of agricultural land to developed uses, and continued development within the urban areas of Madera.

As other suitable habitat for special-status species is developed by other projects in the vicinity of the Specific Plan Area, a potentially-significant cumulative impact would occur. The conversion of agricultural land and undeveloped areas in the Specific Plan Area to cumulative development would increase effects on protected wetland habitats. If development that affects State or federally protected wetlands occurs in the vicinity of the Specific Plan Area, it is possible that a cumulativelysignificant impact would occur. Since the development of the Specific Plan Area could increase impacts on special status-species and wetland habitats, the project’s contribution to potential impacts on special-status species and wetland habitat is cumulatively considerable. Potential impacts would be reduced to a less-than-significant levels with implementation of Mitigation Measures BIO-1.1 through BIO-1.3, and BIO-3.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CULTURAL RESOURCES
Impact CUL-5: The proposed project, in combination with past, present, and reasonably foreseeable projects, could result in cumulative impacts to cultural resources.

Each discretionary project within the City would be required to conduct review of potential impacts to cultural resources and implement mitigation as required. Although there is the possibility of encountering buried archaeological deposits and human remains during implementation of the proposed Specific Plan, impacts to those resources would be assessed on a case-by-case basis. The proposed project would have a significant effect on the environment if it – in combination with other projects – would contribute to a significant cumulative impact related to cultural resources.

Potential impacts would be reduced to a less-than-significant levels with implementation of Mitigation Measures CUL-1, CUL-2.1, CUL-2.2, and CUL-3.

Significance after Mitigation. Implementation of Mitigation Measures CUL-1, CUL-2.1, CUL-2.2, and CUL-3 would reduce impacts to historic resources, archaeological resources, and tribal cultural resources through the preparation of site-specific evaluations, field surveys, coordination with appropriate Native American representatives, and implementation of mitigation measure recommended by a qualified archeologist. (Draft EIR pages 4.5-24 and 4.5- 25)
Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measures, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen cumulative impacts to historic resources, archaeological resources, and tribal cultural resources, as identified in the EIR.

GEOLOGY AND SOILS
Impact GEO-7: The proposed project, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to paleontological resources.

Development in the Specific Plan Area could result in the discovery paleontological/geological resources during excavation and/or construction activities within previously undisturbed soils.

Potential impacts would be reduced to a less-than-significant levels with implementation of Mitigation Measure GEO-6.1.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

GREENHOUSE GAS EMISSIONS
Impact GHG-3: The proposed project, in combination with past, present, and reasonably foreseeable projects, would result in significant cumulative impacts with respect to greenhouse gas emissions.

Greenhouse gas impacts are by their nature cumulative impacts. The City’s CAP has established GHG emissions targets for the years 2020 and 2030 to support California’s larger effort to reduce statewide emissions under AB 32 and Executive Orders S-3-05 and B-30-15. Buildout of the proposed Specific Plan is anticipated to occur in 2049. As such, projects associated with implementation of the proposed Specific Plan would be required to help the City do its part in reducing GHG emissions. Potential impacts related to greenhouse gas emissions would be reduced to a less-than-significant levels with implementation of Mitigation Measure GHG-1.1.

Significance after Mitigation. Implementation of Mitigation Measure GHG-1.1 would reduce cumulative impacts related to greenhouse gas emissions by requiring that development projects within the Specific Plan Area implement applicable greenhouse gas mitigation measures form the City’s Climate Action Plan (CAP). (Draft EIR pages 4.8-34 through 4.8-35) Finding on Proposed Mitigation. The City finds that, with implementation of the above mitigation measure, changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen cumulative impacts to greenhouse gas emissions, as identified in the EIR.

Findings Regarding Environmental Impacts not Mitigated to Less-than-Significant Levels The City finds that the following significant environmental impacts of the project are unavoidable and cannot be mitigated in a manner that would substantially lessen the environmental impacts to less-than-significant levels. The City also finds that any alternative discussed in the EIR that may reduce the significance of these impacts is rejected as infeasible for the reasons given in the EIR and Section 6 of these Findings. Each potential unavoidable significant impact is overridden as set forth below in the Statement of Overriding Considerations at Section 7.

AESTHETICS
Impact AES-1: The project would have a substantial adverse effect on a scenic vista.

Conversion of agricultural land to urban uses would result in a change in the views within the Specific Plan Area. Implementation of the proposed Specific Plan would result in mixed-use urban LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

As a result, implementation of the proposed Specific Plan would substantially affect long range views and a significant impact would occur.

Significance without Mitigation. No feasible mitigation measures are available to mitigate the impact to a less than significant level because the primary objective of the proposed Specific Plan is to implement a long-term buildout plan that would convert existing agriculture land uses to mixed-use urban land uses. As a result of this change in land uses, a substantial effect on scenic vistas would occur but cannot be mitigated. (Draft EIR 4.1-8 through 4.1-9) Finding. No feasible mitigation measures are available to mitigate the impact to a less-thansignificant level. Therefore, impacts related to scenic vistas are considered significant and unavoidable.

Impact AES-3: The proposed project would substantially degrade the existing visual character or quality of public views of the site and its surroundings (public views are those that are experienced from publicly accessible vantage point), and due to the location of the project in an urbanized area, the project would conflict with applicable zoning and other regulations governing scenic quality.

Implementation of the proposed Specific Plan would result in the conversion of approximately 1,900 acres of agricultural farmland to urban uses. This conversion would substantially change the visual character of the Specific Plan Area. Because the proposed urban uses are fundamentally different and result in a permanent change to the visual character of the Specific Plan Area, a significant impact would occur.

Significance without Mitigation. No feasible mitigation measures are available to mitigate the impact to a less than significant level because the proposed urban uses are fundamentally different from the existing agricultural farmland uses and would result in a permanent change to the visual character of the Specific Plan Area. (Draft EIR 4.1-9 through 4.1-10) Finding. No feasible mitigation measures are available to mitigate the impact to a less-thansignificant level. Therefore, impacts related to visual character and public views are considered significant and unavoidable.

Impact AES-4: The project would create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.

New development within the Specific Plan Area would increase the amount of structures and buildings that could create new sources of glare both within the Specific Plan Area and directly adjacent to the Specific Plan Area.

Mitigation Measure AES-4
LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Significance after Mitigation. Cumulative development is anticipated to contribute to the conversion of agricultural uses to urban uses. This cumulative change is expected to result in a substantial alteration of the existing visual character of the area. Additionally, even with the mitigation identified above, the project’s contribution of the illumination of the night sky and daytime glare would remain cumulatively significant. Therefore, the project would result in a significant cumulative impact related to the existing visual character and increases in light and glare. (Draft EIR pages 4.1-10 through 4.1-12)
Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, the changes that would result from development of the Specific Plan Area would increase the amount of light and glare within the Specific Plan Area. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-than-significant level.

AGRICULTURE AND FORESTRY
Impact AG-1: The project would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the FMMP of the California Resources Agency, to non-agricultural use.

The development of the Specific Plan Area would result in the conversion of FMMP‐designated farmland and other categories of farmland to non-agricultural uses. None of the proposed uses are consistent with the existing agricultural zoning. Therefore, implementation of the proposed Specific Plan would conflict with the existing zoning for agricultural use and a potentially significant impact would occur.

Significance after Mitigation. No feasible mitigation measures are available to mitigate the impact to a less than significant level because the conversion of farmland to non-farmland uses is a permanent loss of such resources and cannot likely be reversed. (Draft EIR pages 4.2-12 through 4.2-13)
Finding on Proposed Mitigation. No feasible mitigation measures are available to mitigate the impact to a less-than-significant level. Therefore, impacts related to conversion of farmland are considered significant and unavoidable.

Impact AG-2: The project would conflict with existing zoning for agricultural use, or a Williamson Act contract.

Development of the Specific Plan Area could conflict with existing Williamson Act contracts because non‐agricultural uses would be allowed on land under a Williamson Act contract.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

4.2-13)
Finding. The City finds that the impact would remain significant and unavoidable because no feasible mitigation measures are available to mitigate this impact to a less-than-significant level.

AIR QUALITY
Impact AIR-2: Implementation of the Specific Plan would result in a cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under an applicable federal or State ambient air quality standards.

Future development within the Specific Plan Area would result in increases in annual emissions that exceed SJVAPCD significance thresholds for all nonattainment pollutants. Although the growth in emissions is accounted for in SJVAPCD attainment plans, the impact, under the ton per year quantitative threshold criterion, would be potentially significant.

Mitigation Measure AIR-2.1
Consistent with San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII (Fugitive PM10 Prohibitions) and in order to reduce construction equipment emissions to the extent feasible, the following controls shall be included as specifications for the proposed Specific Plan and implemented during construction:
• All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. • All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.
• When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained.
• All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.

Use of blower devices is expressly forbidden.)
LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Mitigation Measure AIR-2.2
Prior to issuance of a building permit, the City of Madera Community Development Director or designee shall identify project design details and specifications, where feasible, to document implementation and compliance with the following emission reduction measures. Implementation of the following measures is considered to be applicable, feasible, and effective in reducing criteria pollutant emissions generated by the project:
• All Project Applicants shall provide Class I and Class II bicycle parking/storage facilities on-site.

Bicycle parking facilities should be near destination points and easy to find. At least one bicycle parking space for every 20 vehicle parking spaces.
• All employers shall provide shower and locker facilities to encourage employees to bike and/or walk to work, typically one shower and three lockers for every 25 employees. • All apartment complexes or condominiums without garages shall provide Class I bicycle parking. • All Project Applicants shall install Class I or II bike lanes on arterial/collector streets, or where a suitable route exists.
• All Project Applicants shall provide building access and paths which are physically separated from street parking lot traffic and that eliminate physical barriers such as walls, berms, landscaping and slopes that impede the use of pedestrians, bicycle facilities, or public transportation vehicles.
• All Project Applicants shall provide continuous sidewalks separated from the roadway by landscaping and on street parking.
• All Project Applicants shall provide on and off-site pedestrian facility improvements such as trails linking them to designated pedestrian commuting routes and/or on-site overpasses and wider sidewalks.
• All Project Applicants shall link cul-de-sacs and dead-end streets to encourage pedestrian and bicycle travel.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022
G:\_General Plan, Specific & Master Plans\SPL - Specific Plans\SPL 2017-01 Village D\Public Hearings\04 20 22 CC\Final\04 20 22 CC (Village D) CC Staff Report - Attachment 7\04 20 22 (Village D) CC Staff Report - Attachment 7 Exhibit B - Findings.DOCX (04/14/22) 40 • All Project Applicants shall provide traffic reduction modifications to project roads, such as:
narrower streets, speed platforms, bulb-outs and intersection modifications designed to reduce vehicle speeds and to encourage pedestrian and bicycle travel. • All Project Applicants shall provide a parking lot design that includes clearly marked and shaded pedestrian pathways between transit facilities and building entrances. • All Project Applicants shall provide pedestrian access between bus service and major transportation points and to destination points within the project. • All Project Applicants shall provide a display case or kiosk displaying transportation information in a prominent area accessible to employees, residents, or visitors. • All Project Applicants shall display bike route maps, bus schedules, and any other transportation information such as carpooling and car sharing.
• All Project Applicants shall design projects using models by the Local Government Commission (LGC) in the “Smart Growth Guidebook,” such as: street block patterns that from an interconnected grid, short block faces, numerous alleys, and narrow streets. • All Project Applicants shall develop and implement parking pricing strategies, such as charging parking lot fees to low occupancy (single occupant vehicles) vehicles. • All Project Applicants shall provide preferential parking spaces near the entrance of buildings for those who carpool/vanpool/rideshare and provide signage. • All Project Applicants shall install efficient heating, and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces, and boiler units beyond Title 24 requirements. • All Project Applicants shall use solar or low-emission water heaters and use central water heaters.
• All Project Applicants shall improve the thermal integrity/efficiency of buildings, and reduce the thermal load with automated and timed temperature controls or occupant sensors. • All Project Applicants shall orient buildings to take advantage of solar heating and natural cooling and use passive solar designs.
• All employers shall implement at least one of the following: provide a guaranteed ride home; provide a carpool support system; provide a car-sharing services support system; provide a ride share program; employ or appoint an Employee Transportation Coordinator; provide incentives to employees to carpool/vanpool, take public transportation, telecommute, walk, and/or bike; participate in an employee "flash-pass" program, which provides free travel on transit buses; or provide transit pass subsidy and/or commute alternative allowance.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Significance after Mitigation. While Mitigation Measure AIR-2.1 and Mitigation Measure AIR2.2 would significantly reduce criteria air pollutant emissions generated during construction and operational activities associated with the development of the Specific Plan Area, the future development within the Specific Plan Area would still result in increases in annual emissions that exceed SJVAPCD significance thresholds for all nonattainment pollutants. Therefore, emissions associated with operational activities would be considered to remain significant and unavoidable. (Draft EIR pages 4.3-23 through 4.3-33)
Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, future development projects would still exceed regional significance thresholds. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-thansignificant level.

Impact AIR-3: Implementation of the Specific Plan could expose sensitive receptors to substantial pollutant concentrations.

Development of the Specific Plan Area would increase pollutant concentrations. Information regarding operational characteristics of future specific development projects and the associated emissions cannot be determined at the time of this analysis; therefore, cumulative growth within the City could result in exposure of sensitive receptors to substantial pollutant concentrations.

Mitigation Measure AIR-3.1
Prior to the approval of any construction or building permits for new development occurring under the proposed Specific Plan, the Director of the City of Madera Planning Department or designee shall ensure that when construction occurs within 500 feet of existing residences, the project contractor(s) shall utilize construction equipment rated by the United States Environmental Protection Agency (USEPA) as having Tier 4 (model year 2008 or newer) emission limits. The construction equipment shall be properly serviced and maintained in accordance with manufacturer recommendations.

Significance after Mitigation. Implementation of Mitigation Measure AIR-3.1 would reduce potential impacts resulting from construction-related emissions, but without specific LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

NOISE
Impact NOI-1: The proposed project would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or in other applicable local, State, or federal standards.

Implementation of the proposed Specific Plan would result in a mix of residential, commercial/office, business park industrial uses, public facilities and park/open space uses in the Specific Plan Area. Noise generated from roadways and stationary noise sources, such as industrial uses, as well as construction activities within the Specific Plan Area would result in substantial increases in noise within the Specific Plan Area.

Mitigation Measure NOI-1.1
The project contractor shall implement the following measures during construction of the proposed project:
• Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards.
• Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site.
• Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the active project site during all construction activities.
• Ensure that all general construction related activities are restricted to between the hours of 6:00 a.m. and 8:00 p.m., consistent with the City’s Noise Ordinance. • Designate a “disturbance coordinator” at the City, at the expense of the project contractor, who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem.

Mitigation Measure NOI-1.2
LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA
G:\_General Plan, Specific & Master Plans\SPL - Specific Plans\SPL 2017-01 Village D\Public Hearings\04 20 22 CC\Final\04 20 22 CC (Village D) CC Staff Report - Attachment 7\04 20 22 (Village D) CC Staff Report - Attachment 7 Exhibit B - Findings.DOCX (04/14/22) 01236.0505/783247.1 43
In order to comply with the City’s noise compatibility guidelines, prior to the issuance of grading permits, new development occurring under the proposed Specific Plan shall require an acoustic study for approval by the Community Development Director or designee for all noise-sensitive projects located within the following traffic noise contours with noise levels greater than 60 dBA CNEL:
• Within 572 feet of Road 23 between Avenue 17 and Project Driveway 3; • Within 507 feet of Road 23 between Project Driveway 3 and Avenue 16; • Within 517 feet of Road 23 between Avenue 16 and Cleveland Avenue; • Within 533 feet of Road 23 between Cleveland Avenue and Project Driveway 4; • Within 501 feet of Road 23 between Project Driveway 4 and Project Driveway 5; • Within 504 feet of Road 23 between Project Driveway 5 and Avenue 14 ½; • Within 84 feet of Avenue 17 between Road 22 and Project Driveway 1; • Within 246 feet of Avenue 17 between Project Driveway 1 and Road 23; • Within 50 feet of Avenue 16 between Road 22 and Project Driveway 2/Road 22 ½; • Within 263 feet of Avenue 16 between Project Driveway 2/Road 22 ½ and Road 23; • Within 449 feet of Cleveland Avenue between Road 23 and Project Driveway 6; • Within 452 feet of Cleveland Avenue between Project Driveway 6 and Westberry Boulevard; • Within 50 feet of Road 22 between Avenue 17 and Avenue 16; • Within 50 feet of Road 22 between Avenue 16 and Cleveland Avenue; • Within 50 feet of Road 22 south of Cleveland Avenue;
• Within 50 feet of Cleveland Avenue between Road 22 and between Project Driveway 2/Road 22 ½;
• Within 98 feet of Cleveland Avenue between Project Driveway 2/Road 22 ½ and Road 23; • Within 56 feet of Project Driveway 2/Road 22 ½ between Avenue 16 and Cleveland Avenue; Within 54 feet of Project Driveway 2/Road 22 ½ between Avenue 17 and Avenue 16; • Within 90 feet of Avenue 16 between Road 22 and Westberry Road; LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

The acoustic study shall demonstrate that that interior noise levels in habitable rooms shall not exceed 45 dBA CNEL. Acoustical design features shall be incorporated into the proposed project design, which may include a combination of exterior features to reduce noise, such as berms/walls and/or architectural features such as Sound Transmission Class (STC) rated windows and doors. All STC ratings shall be shown on the building plans and incorporated into the construction of the proposed project. Once final architectural plans with the exterior-wall details and window types are available, a Final Acoustic Report shall be prepared by a qualified consultant to confirm that the interior living spaces of residential dwelling units will meet the City’s interior noise standard of 45 dBA CNEL (A weighted decibel Community Noise Equivalent Level) with windows and doors closed. If interior noise levels are still exceeded after the Final Acoustic Report is completed, additional design features shall be incorporated to meet the interior noise.

Mitigation Measure NOI-1.3
In order to comply with the City’s General Plan non-transportation related noise standards and Municipal Code standards, prior to the issuance of grading permits, an acoustical study shall be prepared for any stationary sources of noise occurring under the proposed Specific Plan. The stationary source noise study shall demonstrate that noise levels would be consistent with the Noise Ordinance standards outlined in Title III: Public Safety, Chapter 11: Noise Control and shall be approved by the City of Madera Community Development Director or designee.

Significance without Mitigation. While Mitigation Measures NOI-1.1 through NOI-1.3 would significantly reduce noise emissions generated during construction and operational activities associated with the development of the Specific Plan Area, the future development within the Specific Plan Area would still result in increases in noise emissions from traffic and stationary sources that surpass City’s noise thresholds. Therefore, operational noise emissions would be significant and unavoidable. (Draft EIR pages 4.13-14 to 4.13-31) Finding. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, future development projects would still the City’s noise thresholds. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-than-significant level.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

PUBLIC SERVICES AND RECREATION
Impact PSR-1: The project would result in substantial adverse physical impacts associated with the provision of new or physically altered fire protection facilities, need for new or physically altered fire protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives.

The proposed Specific Plan would increase the residential population within the Specific Plan Area by up to 38,280 new residents by the year 2049. This added residential population would increase the demand for fire protection services. The proposed Specific Plan would comply with all construction-related mitigation measures, including Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL2. However, impacts related to air quality and noise would not be able to be reduced to a less-thansignificant level.

Significance after Mitigation. While Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 would significantly reduce some impacts associated with construction or alteration of fire facilities, because the extent of construction, and types of equipment used during construction of specific projects within the Specific Plan Area is currently unknown, development of fire facilities within the Specific Plan Area can’t be fully mitigated, and could still result in significant impacts related to air quality and noise emissions. This would be considered a significant and unavoidable impact. (Draft EIR pages 4.15-9 to 4.15-11) Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, future development of fire protection projects could still exceed noise and air quality significance thresholds. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-than-significant level.

Impact PSR-2: The project would result in substantial adverse physical impacts associated with the provision of new or physically altered police protection facilities, need for new or physically altered police protection facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives.

The proposed Specific Plan would increase the residential population within the Specific Plan Area by up to 38,280 new residents by Year 2049. This added residential population would increase the demand for police protection services. The proposed Specific Plan would comply with Mitigation Measures Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2, which would address potential impacts resulting from implementation of the proposed Specific Plan . However, significant and LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Significance after Mitigation. While Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 would significantly reduce construction-related emissions and noise impacts associated with construction or alteration of police facilities, because the extent of construction, and types of equipment used during construction of specific projects within the Specific Plan Area is currently unknown, development within the Specific Plan Area can’t be fully mitigated, and could still result in significant impacts related to air quality and noise emissions. This would be considered a significant and unavoidable impact. (Draft EIR pages 4.15-11 and 4.15-12) Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, future development of police facility projects could still exceed noise and air quality significance thresholds. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-than-significant level.

Impact PSR-5: The project would result in substantial adverse physical impacts associated with the provision of new or physically altered facilities for other public facilities, need for new or physically altered public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios or other performance objectives.

The proposed Specific Plan would increase the residential population within the Specific Plan Area by up to 38,280 new residents by Year 2049. This added residential population would increase the demand for public facilities such as courts, libraries, and hospitals in order for these public facilities to continue to provide service levels comparable to existing conditions. The proposed Specific Plan would comply with Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. However, impacts that would occur through construction and operation of public facilities associated with the proposed Specific Plan would not be able to be reduced to a less-than-significant level.

Significance after Mitigation. While Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 would significantly reduce some impacts associated with construction or alteration of public facilities, because the extent of construction, and types of equipment used during construction of specific projects within the Specific Plan Area is currently unknown, development of public facilities within the Specific Plan Area can’t be fully mitigated, and could still result in significant impacts related to air quality and noise emissions. Furthermore, implementation of the proposed Specific Plan would result in an overall change in existing conditions that cannot be reduced to less-than-significant levels. This would be considered a significant and unavoidable impact. (Draft EIR pages 4.15-14 and 4.15-15)
LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Impact PSR-7: The project would include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

The proposed Specific Plan includes approximately 164 acres of parks and recreation facilities that would be constructed through implementation of the proposed Specific Plan. The proposed Specific Plan would comply with all construction-related mitigation measures, including Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL1.1, UTL-1.2, and UTL-2. However, construction-related impacts related to air quality would not be able to be reduced to a less-than-significant level.

Significance after Mitigation. While Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 would significantly reduce some impacts associated with construction of recreational facilities, because it is not currently known what facilities would be constructed and where they would be located, impacts related to air quality can’t be fully mitigated and would not be able to be reduced to a less-than-significant level. This would be considered a significant and unavoidable impact. (Draft EIR page 4.15-16)
Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, construction of recreational facilities could still exceed air quality significance thresholds. As a result, the mitigation measures identified would not fully reduce the potential impact to a lessthan-significant level.

TRANSPORTATION
Impact TRA-1: The project would conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities.

The Specific Plan Area would continue to be accessible via the existing roadway network in the vicinity of the Specific Plan Area. Under the full build‐out (Phase III) condition, the proposed Specific Plan would generate 89,647 net daily trips, with 6,841 net trips occurring during the a.m. peak hour and 7,597 net trips occurring during the p.m. peak hour. The proposed Specific Plan would generate vehicle trips that would result in roadway facilities operating in a deficient level of service (LOS) and, as a result, would conflict with established standards. This would be a potentially significant impact.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Significance without Mitigation. Mitigation is not feasible to address the exceedance of LOS standards in some roadways within the City due to right-of-way constraints. As a result, implementation of the proposed Specific Plan would conflict with adopted policies, and a significant and unavoidable impact would occur. (Draft EIR pages 4.16-11 to 4.16-15) Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because of mitigation constraints on impacted roadways.

UTILITIES
Impact UTL-1: The project would require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects.

The proposed Specific Plan would include construction and operation of eight wells to provide potable water to the Specific Plan Area, as well as series of 12-inch, 18-inch, and 24-inch water distribution mains throughout the Specific Plan Area. Construction of new pipelines and expansion of the City’s existing Water Treatment Plant (WWTP) would be require upon development of the Specific Plan Area. Furthermore, construction of stormwater, electric, natural gas, and telecommunications facilities would be required upon development of the Specific Plan Area.

Although construction of the required facilities would be subject to the mitigation measures for construction- and operational impacts, such mitigation would not reduce impacts to a less than significant level.

Mitigation Measure UTL‐1.1
Prior to the issuance of each grading permit for projects within the Specific Plan Area, the City shall ensure that the Infrastructure Master Plan for the proposed Specific Plan is implemented and that General Plan policies requiring capacity analyses of service systems are completed.

Mitigation Measure UTL‐1.2
Prior to the issuance of each grading permit for projects within the Specific Plan Area, and consistent with policies of the General Plan, the City shall review the City’s wastewater facility capacity and shall prepare environmental review, consistent with the California Environmental Quality Act, and analysis for any future off-site wastewater facility expansions and improvements required to support development of the proposed Specific Plan. The CEQA analysis shall be completed prior to approval of each development project.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Findings Regarding Cumulative Impacts not Mitigated to Less-than-Significant Levels The City Council finds the following significant cumulative environmental impacts of the project are unavoidable and cannot be mitigated in a manner that would substantially lessen the cumulative environmental impact to less-than-significant levels.

AESTHETICS
Impact AES-5: The proposed project, in combination with past, present, and reasonably foreseeable projects, would contribute to a significant cumulative impact with respect to aesthetics.

New development in the Specific Plan Area, in combination with past, present, and reasonably foreseeable projects, would increase the amount of structures and development, resulting in a significant cumulative impact with respect to new sources of glare within the Specific Plan Area and directly adjacent to the Specific Plan Area. Additionally, development in and adjacent to the Specific Plan Area would convert exiting agricultural uses and result in permanent changes to scenic resources.

Significance after Mitigation. Cumulative development is anticipated to contribute to the conversion of rural and agricultural uses to urban uses. This cumulative change is expected to result in a substantial alteration of the existing visual character of the area. Implementation of Mitigation Measure AES-4 would reduce impacts related to light and glare. However, the project’s contribution of the illumination of the night sky, as well as the permanent change of the existing rural character that would occur upon development of the Specific Plan Area would remain cumulatively significant. Therefore, the project would result in a significant cumulative impact related to aesthetics. (Draft EIR pages 4.1-12 and 4.1-13) Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, the changes that would result from the development of the Specific Plan Area would increase the amount of light and glare and change the existing visual character in the area. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-thansignificant level.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

New development the Specific Plan Area, in combination with past, present, and reasonably foreseeable projects would result in the conversion of FMMP‐designated farmland and other categories of farmland to non-agricultural uses.

Significance after Mitigation. Cumulative development in the City is anticipated to contribute to the conversion of rural and agricultural uses to urban uses. No feasible mitigation measures are available to reduce the potential impacts resulting from the conversion of agricultural land in the Specific Plan Area to non-agricultural, urban uses to a less-than-significant level. Therefore, the project would result in a significant cumulative impact related to agricultural resources. (Draft EIR pages 4.2-14 through 4.2-15)
Finding on Proposed Mitigation. No feasible mitigation measures are available to mitigate this impact to a less-than-significant level.

AIR QUALITY
Impact AQ-5: The project in combination with other projects, would contribute to a significant cumulative impact related to air quality.

Since the combination, number, and size of projects that could be under construction at any one time are unknown, even with implementation of mitigation measures, implementation of the proposed Specific Plan would result in significant cumulative construction emissions from criteria pollutants. Additionally, even with implementation of mitigation, operational impacts from criteria pollutant emissions would contribute to an ozone exceedance, which could hinder the attainment of air quality standards. Further, cumulative growth within the City could result in potential toxic air contaminant (TAC) health risks exceeding applicable standards and cumulatively contributing to elevated health risks in the San Joaquin Valley Air Basin. Therefore, air quality emissions associated with future development that may occur with implementation of the proposed Specific Plan could result in cumulatively considerable impacts, even with implementation of mitigation.

Significance after Mitigation. Although implementation of Mitigation Measures AIR-2.1 and AIR-2.2 would significantly reduce criteria air pollutant emissions generated by continued implementation of the proposed Specific Plan, there is currently not enough information to quantify emissions of specific project developments that may occur under the proposed Specific Plan. Without quantification to ensure a less than significant finding, future development projects may still exceed the SJVAPCD regional significance thresholds. Therefore, cumulative impacts to air quality would be considered to remain significant and unavoidable.

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

PUBLIC SERVICES AND RECREATION
Impact PSR-8: The project, in combination with past, present, and reasonably foreseeable projects, would result in cumulative impacts with respect to fire services, police services, park facilities, and other public facilities.

Because construction of fire protection, police protection, recreational and other public facilities could occur within the Specific Plan Area, and mitigation measures identified in the EIR would not reduce all potential impacts associated with these familywise to a less-than-significant level, the proposed Specific Plan would contribute to cumulative impacts related to public service and recreation.

Significance after Mitigation. While Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 would significantly reduce some impacts associated with construction and operation of public services and recreation facilities under the proposed Specific Plan, there are some impacts related to aesthetics, air quality, and noise that would not be reduced to less-than-significant levels even with implementation of the mitigation measures included. This would be considered a significant and unavoidable impact. (Draft EIR pages 4.15-16 to 4.15-19) Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, construction and operation of public service and recreational facilities could still result in significant impacts related to aesthetics, noise, and air quality. As a result, the mitigation measures identified would not fully reduce the potential impact to a less-than-significant level.

TRANSPORTATION
Impact TRA-5: The proposed project would contribute to a significant cumulative impact related to transportation.

The TIA for the proposed Specific Plan identifies roadways that would conflict with LOS standards of the City, County, and Caltrans with implementation of the proposed Specific Plan. In most cases, in combination with cumulative conditions, the roadways and segments would be improved to meet the standards of the City, County, and Caltrans. However, four intersections in Caltrans’ jurisdiction cannot be improved to meet Caltrans’ standards due to right-of-way constraints. As a result, a significant and unavoidable cumulative impact would occur.

Significance without Mitigation. The proposed Specific Plan would result in LOS deficiencies of roadways that would conflict with policies that establish LOS standards. Although improvements would be made to many intersections and roadway segments to reduce potential LOS deficiencies, due to the lack of available roadway right-of-way, the proposed Specific Plan would result in continued conflicts with adopted roadways. No feasible mitigation measures are LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

UTILITIES
Impact UTL-6: The proposed project would contribute to a significant cumulative impact related to utilities and service systems.

The proposed Specific Plan would require construction of new or expanded facilities related to potable water, wastewater, stormwater and electric, natural gas, and telecommunications facilities.

Although Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO-1.3, BIO-3, CUL1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 are proposed to reduce impacts associated with the provision of utilities and service systems, potential impacts resulting from construction of new facilities cannot be reduced to less-than-significant levels, the proposed Specific Plan would combine with other development identified in the General Plan to result in a significant cumulative impact.

Significance after Mitigation. Implementation of Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO-1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2 would serve to reduce potential impacts. However, impacts related to construction of the utility and service facilities would combine with other developments identified in the City’s General Plan to result in a significant cumulative impact. The impact would be considered significant and unavoidable.

Finding on Proposed Mitigation. The City finds that the impact would remain significant and unavoidable because even with implementation of the identified mitigation measures, the changes that would result from implementation of the proposed Specific Plan and continued implementation of the City’s General Plan would result in a significant cumulative impact. As a result, the mitigation measures identified would not fully reduce the potential impact to a lessthan-significant level.

5.2 MITIGATION MONITORING
An MMRP was prepared for the project and approved by the City (PRC, Section 21081.6, subd. [a][1]; CEQA Guidelines Section 15097). The City will use the MMRP to track compliance with project mitigation measures. The MMRP will remain available for public review during the compliance period.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

5.3 Significant Irreversible Environment Effects
The State CEQA Guidelines (Section 15126) requires a discussion of the significant irreversible environmental changes that would be involved in a project should it be implemented.

The CEQA Guidelines discuss three categories of significant irreversible changes that should be considered. Each is addressed below.

As mandated by the CEQA Guidelines, an EIR must address any significant irreversible environmental change that would result from project implementation. According to Section 15126.2(d) of the CEQA Guidelines, such a change would occur if one of the following scenarios is involved:
• The project would involve a large commitment of nonrenewable resources; • Irreversible damage would result from environmental accidents associated with the project; or • The proposed consumption of resources is not justified (e.g., the project would result in the wasteful use of energy).

Changes in Land Use Which Commit Future Generations
The proposed Specific Plan would guide future development in the Specific Plan Area and would also involve the development of land currently used for agricultural production. Although the proposed development would commit future generations to using the Specific Plan Area for developed uses rather than agricultural purposes, such a commitment is consistent with planned uses for proposed Specific Plan Area, as identified in the City’s General Plan. The proposed Specific Plan implements and carries out the vision of the General Plan.

Irreversible Damage from Environmental Accidents
Demolition and construction activities associated with implementation of the proposed Specific Plan would involve some risk for environmental accidents. However, accidental spills and soil contamination, as discussed in Section 4.9, Hazards and Hazardous Materials, would be addressed by City, State, and federal agencies, and would follow professional industry standards for safety and construction. The risks of accidental contamination from handling or transporting of construction materials off site would be reduced to a less-than-significant level through compliance with applicable federal, State, and local regulations. Additionally, the land uses proposed by the proposed Specific Plan would not include any uses or activities that are likely to contribute to or be the cause of a significant environmental accident, such as industrial-related spills or leaks. As a result, the proposed Specific Plan would not pose a substantial risk of environmental accidents.

Consumption of Non-Renewable Resources
Consumption of non-renewable resources includes issues related to increased energy consumption, conversion of agricultural lands to non-agricultural uses, and lost access to mining reserves. The proposed Specific Plan would require water, electric, and natural gas service, as well as additional resources for construction and ongoing maintenance.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

The Specific Plan Area is currently being primarily farmed for almonds, and grass/pasture, and contains rural residential uses, and agricultural support structures. The proposed Specific Plan would result in the conversion of all 1,852 acres of agricultural land.

As discussed in Section 4.6, Energy, the projected electricity and natural gas demands are within the existing delivery capacity of current service providers, and the proposed Specific Plan would not result in a significant adverse impact related to the provision of electricity or natural gas. In addition, the proposed Specific Plan would comply with Title 24 of the California Code of Regulations (CCR) that requires conservation practices that would limit the amount of energy (California Energy Code Building Energy Efficiency Standards [Title 24, Part 6]) consumed through implementation of the proposed Specific Plan.

The proposed Specific Plan also includes Sustainability Guidelines that encourage sustainable building and design practices to include compact development, reduced impervious surfaces, improved water detention and conservation, preservation of habitat areas, mixing of compatible land uses, water-efficient landscaping and irrigation, and enhanced pedestrian and bicycle amenities that reduce reliance on the use of automobiles. The proposed Specific Plan also includes landscape guidelines that promote sustainability, drought-tolerant plant materials adapted to the local climate, as well as bio-swale and basins that efficiently address stormwater management.

Although the construction and ongoing operation of the proposed Specific Plan would involve the use of non-renewable resources, through the inclusion of energy-conserving features of the proposed Specific Plan, and compliance with applicable standards and regulations, the proposed Specific Plan would not represent an unjustified use of such non-renewable resources.

5.4 Growth Inducement
Section 15126.2(d) of the CEQA Guidelines requires that an EIR discuss the ways in which a proposed project or the construction of additional housing, either directly or indirectly, could foster economic or population growth in the surrounding environment.

Implementation of the proposed Specific Plan would include a maximum of 10,783 new housing units, approximately 1.8 million square feet of mixed-use development, and approximately 260,000 square feet of business park uses over the course of a 30-year buildout with a horizon year of 2049.

As a result, the proposed Specific Plan would result in an estimated population of 38,280 new residents.

The proposed Specific Plan is not expected to result in indirect growth inducement because the additional housing units and population resulting from implementation of the d Specific Plan have LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

The proposed Specific Plan includes physical improvements to accommodate growth which would create an increased demand for public services and utilities within the Specific Plan Area. All future projects occurring within the Specific Plan Area requiring a discretionary action would be required to undergo project-specific environmental review to determine project-specific impacts on public services and utilities and would be required to pay applicable impact fees in effect at the time such future development applications are submitted.

Development of the proposed Specific Plan would involve construction activities that could generate some temporary employment opportunities. However, given the temporary nature of such opportunities, and given the relatively long period of time over which all phases of the proposed Specific Plan would be constructed, it is unlikely that construction workers would relocate to Madera as a result of the proposed Specific Plan. Thus, the proposed Specific Plan would not be considered growth-inducing from an employment perspective.

LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

As noted under the heading “Findings Required under CEQA,” an alternative may be “infeasible” if it fails to achieve the lead agency’s underlying goals and objectives with respect to the project. Thus, “feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors” of a project (City of Del Mar v. City of San Diego [1982] 133 Cal.App.3d 401, 417).

As discussed below, the Draft EIR identified three alternatives to the proposed project. The City finds that the three potentially feasible alternatives analyzed in the EIR, including a No Project Alternative meeting the requirements of CEQA, represent a reasonable range of potentially feasible alternatives that reduce one or more significant impacts of the Project. As presented in the EIR, the alternatives were described and compared with each other and with the proposed project.

The City certifies that it has independently reviewed and considered the information on alternatives provided in the EIR and in the record. The EIR reflects the City's independent judgment as to alternatives. The City finds that the proposed project provides the best balance between the project objectives, the City's goals and objectives, the project's benefits as described below in the Statement of Overriding Considerations, and mitigation of environmental impacts to the extent feasible. The three CEQA alternatives proposed and evaluated in the EIR are rejected for the reasons discussed below. Each individual reason presented below constitutes a separate and independent basis to reject the project alternative as being infeasible.

Alternatives Considered in the EIR
The following alternatives to the project are evaluated in detail, in the EIR as described below:
• Alternative 1: No Project Alternative assumes the Specific Plan Area would remain in its current state and the area would stay under the existing County zoning, but within the City's sphere of influence.
• Alternative 2: Low Density Residential Alternative would reduce the overall density of housing to be developed in the Specific Plan Area to be consistent with the City’s typical low density housing ratio of five residential units per acre. This alternative would result in a total buildout of approximately 7,600 residential units.
• Alternative 3: Reduced Project Alternative would result in approximately 1,080 acres of low and medium density residential land uses and 500 acres of agricultural land. Additional land uses would include school sites, parks and recreation, natural areas, and major roadways.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Alternative 2: Low Density Residential Alternative
With Alternative 2, the proposed Specific Plan would be implemented with residential zoning and densities that would be consistent with the City’s residential zoning for low density. The City’s residential zoning densities for low density range from 3 units to 7 units per acre. In addition, the acreages identified in the proposed Specific Plan as Village Mixed Use (120 acres) and Village Business Park (30 acres), would be reallocated to low density residential, for a total of approximately 1,521 aces of low density residential acres with a total buildout of approximately 7,600 residential units. Acreages for Parks and Recreation, Natural Areas along the Fresno River, Elementary School Sites, and Major Roadways would be the same as the proposed Specific Plan.

Alternative 3: Reduced Project Alternative
Under Alternative 3, approximately 7,600 residential units would be constructed but the mixed-use development occurring within the Specific Plan Area would be removed to reduce potential significant and adverse environmental impacts related to air quality resulting from construction, greenhouse gas emissions, vehicle-generated noise, and conflicts with roadway policies. In addition, 500 acres of agricultural land would be preserved within the Specific Plan Area site to reduce significant and unavoidable impacts related agricultural conversion that would result from implementation of the proposed Specific Plan. This alternative would likely preserve agricultural land uses in the Southwest Neighborhood area where Williamson Act Contracts are still in place and in the Northwest Neighborhood to ensure compatibility with the Madera County ALUCP.

Findings Regarding Alternatives
Alternative 1 has the least impact to the environment because it would not result in any development or new physical impacts. While this alternative would lessen or avoid the impacts of the proposed Specific Plan, the beneficial impacts of the proposed project—including implementing sustainable planning and development, creating job growth, accommodation of strategic growth near transit, and the provision of housing units required to meet State-mandated affordable housing targets and alleviate overcrowding—would not occur. Further, none of the Project Objectives would be met, including the creation of a transportation network as identified in the General Plan, promotion of opportunities for water efficiency and incorporation of sustainable building and operating practices, incorporation of sustainable practices (as practicable) in developing buildings and infrastructure, or resulting in an economically feasible and balanced development. As such, this alternative is rejected as infeasible.

Alternative 2 is the Low Density Residential Alternative and would achieve most of the Project Objectives. However, with a limited set of land uses, this alternative would not create mixed-use LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

However, overall this alternative would not achieve all of the objectives of the proposed Specific Plan to the same extent or degree because the level of residential density and mix of land uses would not allow for sustainable development that balances housing and employment, in a manner that is economically feasible and which will be able to provide the long-term financial based to support infrastructure, transportation, and other needs. Without the same level of residential development, this alternative would not address the City’s current and project housing needs to the same level as the proposed Specific Plan, and will not be able to provide the range and volume of housing stock necessary to address community housing needs. As such, this alternative is rejected as infeasible.

The Environmentally Superior Alternative would be Alternative 3, Reduced Project Alternative.

Overall, this alternative would lessen significant environmental impacts or result in impacts similar to those associated with the proposed project. Alternative 3 would achieve some of the Project Objectives; specifically, it would address housing needs in the City and would facilitate annexation of areas in the Specific Plan Area and would incorporate sustainable practices in developing buildings and infrastructure. The reduced number of housing units in Alternative 3 would result in fewer impacts when compared to the proposed Specific Plan. However, although Alternative 3 would incrementally reduce impacts, there would still be significant and unavoidable impacts to aesthetics, agriculture, air quality, land use, noise, public services, transportation, and utilities and service systems would still occur (Draft EIR pages 5-22 to 5-24). Additionally, this alternative would not achieve all of the objectives of the proposed Specific Plan to the same extent because the level of residential density and mix of land uses would not allow for sustainable development that balances housing and employment in a manner that is economically feasible and which will be able to provide the long-term financial based to support infrastructure, transportation, and other needs. Without the same level of residential development, this alternative would not address the City’s current and project housing needs to the same level as the proposed Specific Plan, and will not be able to provide the range and volume of housing stock necessary to address community housing needs. As such, this alternative is rejected as infeasible.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

7.0 STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Section 21081 of the California Public Resources Code and Section 15093 of the CEQA Guidelines, the City adopts and makes the following statement of overriding considerations regarding the remaining significant unavoidable impacts of the project, as discussed above, and the anticipated economic, social, and other benefits of the project.

The City has carefully considered and balanced the benefits of the proposed project against its unavoidable environmental risks in determining that the specific economic, legal, social, technological, or other benefits outweigh the unavoidable significant adverse environmental effects related to land use. Section 15093(b) of the State CEQA Guidelines provides that when the decision of the public agency results in the occurrence of significant impacts that are identified in the EIR, the agency must state in writing the reasons to support its actions based on the EIR and/or other information in the record. The reasons set forth below are based on the EIR and other information in the record.

This Statement of Overriding Considerations is based on the City’s review of the Draft EIR, Final EIR, and other information in the administrative record. Based upon said review and the substantial evidence in the administrative record, including but not limited to the EIR, the City finds that the benefits of the project outweigh its unavoidable adverse environmental effects, and furthermore, finds that such adverse, environmental effects are acceptable. The City also finds and determines that (1) the majority of the significant impacts of the project will be reduced to less-than-significant levels by implementation of the mitigation measures recommended in these findings; (2) the City’s approval of the project as proposed will result in certain significant adverse environmental effects that cannot be avoided or reduced to a less-than-significant level even with the incorporation of all feasible mitigation measures into the project; and (3) there are no other feasible mitigation measures or feasible project alternatives that will further mitigate, avoid, or reduce to a less-than significant level the remaining significant environmental effects.

In light of the environmental, social, economic, and other considerations identified in the findings for the project, the objectives of the project, and the considerations set forth below related to this project, the City chooses to approve the project because, in its view, the economic, social, technological, and other benefits resulting from the project substantially outweigh the project’s significant and unavoidable adverse environmental effects.

Implementation of the project would enable the City to achieve objectives of the City, as established in the General Plan, the proposed Specific Plan, the General Plan Amendment, and the EIR, while avoiding significant environmental effects to the extent possible. The benefits and reasons for the approval of the project despite the occurrence of significant unavoidable project impacts to aesthetics (Impact AES-5 – illumination of night sky and change of rural character), agriculture (Impact AG-6 – agricultural resources), air quality (Impact AQ-5 – air quality), public services and recreation (Impact PSR-8 – public services and recreation), transportation (Impact TRA-5 – Caltrans intersections), and utilities (Impact UTL-6 – utilities), which create or otherwise contribute to related cumulative impacts, consist of the items listed below. The following statements identify the reasons why, in the City’s judgment and based on substantial evidence, the benefits of the project outweigh LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

The City finds that the project, as conditionally approved, will have the following economic, social, technological, and environmental benefits, which constitute overriding considerations:

1. The project would address the City’s current and projected housing needs for all segments of the community by providing a range of single- and multi-family homes.

There is a significant housing crisis throughout the State. In 2018, California ranked 49th among the states of the U.S. in terms of housing units per resident. This shortage has been estimated to be 3-4 million housing units (20-30% of California's housing stock, 14 million) as of 2017. Experts say that California needs to double its current rate of housing production (85,000 units per year) to keep up with expected population growth and prevent prices from further increasing, and development needs to quadruple the current rate of housing production over the next seven years in order for prices and rents to decline.

This housing crisis is acutely felt within the City of Madera, where there is a shortage of available housing stock. As set out in the adopted City of Madera 2016-2024 Housing Element Update (Housing Element), during the 2014-2023 Regional Housing Needs Assessment (RHNA) projection period, the Department of Housing and Community Development (HCD) assigned 12,895 units (2,890 very low-income, 2,230 low-income, 2,310 moderate-income, and 5,465 above moderateincome) to all of Madera County. The City’s share, as determined by HCD, is 6,099 units, including 1,352 very low-income units, 1,056 low-income units, 1,091 moderate-income units, and 2,600 above moderate-income units. Housing prices have also increased significantly since the adoption of the Housing Element due to the lack of available housing stock. In 2017, median home prices for Madera County were approximately $200,000. In a five-year period since then, median prices have increased to approximately $385,000 – or over a 90% jump in price. This increase in housing costs was not matched by a corresponding increase in personal income, which creates additional housing constraints given the limited housing supply, and further exacerbates housing shortfall.

The project addresses the City’s current and projected housing needs through the provision of approximately 10,783 additional residential dwelling units in close proximity to mixed uses, commercial uses, and village centers. This is a substantial residential component, and addresses a significant portion of the housing stock anticipated by the General Plan Housing Element, etc., for the City of Madera for years to come. Further, the project provides a range of single- and multifamily homes, including village country estates (54 units), village low density (4,784 units), village medium density (3,579 units), village high density (2,366 units), and the opportunity for mixed use residential in conjunction with commercial and office uses, etc. More than half of the residential LSA
I

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

As such, the project would address the City’s current and projected housing needs for all segments of the community by providing a range of single- and multi-family homes.

2. The project promotes high-quality retail and mixed-use development to attract an array of businesses and employment opportunities.

The mixed-use nature of the project encourages diversification and development of its economic base. As noted above and below, the project provides substantial diversification in terms of residential verses commercial uses. Additionally, within the commercial uses there is a broad diversification that provide various types of sales taxes (restaurants, entertainment, automobile sales, etc.) in conjunction with higher tax rates associated with high-quality retail. The project will provide significant benefits to the City and community in terms of creating both short and long-term employment opportunities for the residents of the City including construction work and long-term jobs including in the commercial and entertainment industries, which are reasonably expected to result in more personal income associated with higher-quality retail, and which income will likely be spent locally, resulting in additional tax revenues and economic development. The employment opportunities are designed to also encourage the use of ridesharing (consisted with General Plan Policy CI-37), facilitate employment opportunities that minimize the need for vehicle trips (General Plan Policy CI-42) and promote jobs that reduce the need for residents to commute to work outside the City (General Plan Policy SUS-15). Implementation of the proposed Specific Plan would fulfill these policies allowing residents to live within proximity to schools, recreational opportunities, retail centers, and commercial development, and minimizing vehicle trips through utilizing access to a variety of transportation opportunities, including pedestrian pathways, bikeways, regional arterials, and transit.

Consequently, it is reasonably expected that the City and its residents will enjoy the economic and social benefits from the diversity of the economic benefits provided by the project. These economic opportunities are especially significant in light of the traditionally high unemployment levels, budgetary, and other constraints experienced by the City as noted in this Statement of Overriding Considerations, and which can be further compounded by economic downturns in budgetary situations involving less diversification.

3. The project would establish a mix of land uses and local-serving activities that meet the General Plan's objectives concerning community character and pedestrian-friendly design.

The project’s mix of land uses and local-serving character build community character and promote a pedestrian-friendly design. The proposed Specific Plan and project reflect sound planning principles and location of commercial and residential units in proximity, in a sustainable way, to trails, pathways, etc. Additionally, this is carried out to project-level development, where (among others) project applicants are required to provide Class I and Class II bicycle parking/storage facilities onsite; at least one bicycle parking space for every 20 vehicle parking spaces; employers are required to provide shower and locker facilities to encourage employees to bike and/or walk to work; all apartment complexes or condominiums without garages are required to provide Class I bicycle LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Implementation of the project would allow for implementation of sustainability efforts that reduce motor vehicle use and energy consumption. This is accomplished with more compact development achieved by increasing development density and by providing a land use pattern and transportation infrastructure that is more supportive of public transportation, walking, and bicycling as proposed by the project. In addition, as described in the EIR, the proposed project would result in lower VMT when compared to the regional average, and would therefore reduce vehicle use and energy consumption.

The proposed Specific Plan also contains general development standards for landscaping, signage, walls, fencings, architecture, etc., as well as development standards provided specifically for each land use district. By its very nature, the proposed Specific Plan serves as a long-term master planned development consisting of a collection of neighborhoods that will be compatible and connected with one another, and integrated with the area’s natural setting and the surrounding Madera community. The overall design for the Specific Plan Area is based on enduring town building principles, which embrace compact, pedestrian oriented development that provides a variety of land uses and a wide range of housing types, all anchored by easily accessible public spaces.

Taken together, the project’s architectural and design requirements, layout, and overall plan meet the General Plan's objectives concerning community character and pedestrian-friendly design.

4. The project would implement the City’s General Plan Land Use Element goal to facilitate annexation of large areas of land that are governed by a specific plan, which provides for compatibility of land uses, fiscal balance, recreation, and resource protection.

Implementation of the proposed Specific Plan would implement the “building blocks” policies of the City’s General Plan by master-planning the Specific Plan Area. The development of the growth areas identified in the General Plan is intended to be guided by specific plans, which are used to ensure orderly growth and adequate infrastructure, facilities, and public services to support the future population of each growth area. As such, the proposed Specific Plan is intended to implement the goals and policies of the City’s General Plan by allowing for development of residential, retail, potential school sites, and open space uses. In addition, the proposed Specific Plan establishes land uses and development regulations to govern permitted uses and standards to regulate development of land uses within the Specific Plan Area.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Among others, the development of the proposed Specific Plan would occur within the City’s Urban Growth Boundary and after the Specific Plan Area is annexed into the City. Implementation of the proposed Specific Plan would ensure orderly growth and adequate infrastructure and public facilities and services to support the future population within the Specific Plan Area by establishing a land use plan, as shown in Figure 3-5 of the Project Description in the EIR, and establishing financing and maintenance responsibilities for long-term implementation and buildout. This land use plan, in conjunction with the requirements of the proposed Specific Plan, provides for compatibility of land uses. Additionally, the project provides for fiscal balance. A Public Facilities Financing Plan (PFFP) has been prepared for the project that articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden. The PFFP analyzes backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of this General Plan. Further, multiple recreational facilities are anticipated by the proposed Specific Plan, including libraries, community centers and recreation centers, cultural centers, and other facilities. Finally, natural open space areas have been identified on the southern boundary in the Southeast Neighborhood within the Specific Plan Area to allow for biological resource protection, and enhanced drainage features for flood control. Public access to the natural open space areas will be provided, to the extent permitted by regulatory agencies, to allow residents to appreciate the nature, and stroll, hike and bike along the trails.

In summary, the project would implement the City’s General Plan Land Use Element goal to facilitate annexation of large areas of land that are governed by a specific plan, which provides for compatibility of land uses, fiscal balance, recreation, and resource protection.

5. The project would establish a transportation network that will fulfill the policies of the Madera General Plan’s Circulation Element by allowing residents to live within proximity to schools, recreational opportunities, retail centers, and commercial development, and minimize vehicle trips through utilizing access to a variety of transportation opportunities, including pedestrian pathways, bikeways, regional arterials, and transit.

There are applicable policies of the Community Design Element and the Circulation Element of the General Plan that relate to planning and accommodating for transit travel, including Policy CI-28, Policy CI-30, Policy CI-31, Policy CI-41, Policy CI-50, Policy H-5.3, and Policy CD-59. Implementation of the proposed Specific Plan would create a transportation network that would fulfill these policies by allowing residents to live within proximity to schools, recreational opportunities, retail centers, and commercial development, and minimizing vehicle trips through utilizing access to a variety of transportation opportunities, including pedestrian pathways, bikeways, regional arterials, and transit.

For example, public transportation in the City includes bus and rail service. The study area is serviced by the Madera Area Express System, the JET Express System, and the Madera County Connection System. The City has an Amtrak station on Road 26, and there are plans to move the station south to Avenue 12 and to possibly add a High‐Speed Rail stop in the City in the future. As the Specific Plan Area is not currently within ¼ mile of transit stops, the current population of the LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Additionally, as noted above the project promotes and utilizes access to a variety of other transportation opportunities, including pedestrian pathways, bikeways, etc. The proposed Specific Plan would include bicycle lanes and off-street in order to create accessibility and mobility within the Specific Plan Area. A multi-purpose pedestrian and bicycle trail would be provided along the Fresno River area. The proposed Specific Plan would also construct trail connections to link the multi-purpose trail along the river with the larger on-street bicycle network for the proposed Specific Plan. These bike paths would encourage linkages to the City’s planned bike path system.

Finally, the proposed Specific Plan encourages the provision of preferred parking spaces for hybrid, fuel cell, electric and/or other fuel-efficient vehicles in retail, commercial, and office development.

As such, the project would establish a transportation network that will fulfill the policies of the Madera General Plan’s Circulation Element by allowing residents to live within proximity to schools, recreational opportunities, retail centers, and commercial development, and minimize vehicle trips through utilizing access to a variety of transportation opportunities, including pedestrian pathways, bikeways, regional arterials, and transit.

6. The project would incorporate green and sustainable practices, as practicable, in developing buildings and infrastructure.

Future development under the proposed Specific Plan would be required to be consistent with strategies included in the proposed Specific Plan that are aimed at reducing energy consumption and would also be required to meet the provisions included in the California Energy Code Building Energy Efficiency Standards (Title 24, Part 6) and the CALGreen Code (Title 24, Part 11). For example, new projects associated with the implementation of the proposed Specific Plan would be required to comply with the Building Energy Efficiency Standards for Residential and Non-Residential Buildings that are in place at the time new development is proposed. These standards are updated, with the latest update (2019) that went into effect on January 1, 2020. The project is consistent with current energy standards as further described in EIR Table 4.6.C: Proposed Specific Plan Comparison to State CEQA Guidelines Appendix F. Future discretionary projects would be required to undergo a separate CEQA review process and their compliance to existing energy standards would be assessed at that time. Additionally, CALGreen Code standards require residential and nonresidential water efficiency and conservation measures for new buildings and structures that will reduce the overall potable water use inside the building by 20 percent. Development will be required to install ultralow flow fixtures and appliances.

Next, the project proposes a network of parks, open spaces, and trails to serve as focal points, gathering places, recreational uses, and green connectivity. The Fresno River serves as the main open space amenity with a riverfront park, urban gardens and a trail system connection for residents and visitors to enjoy. Setbacks for structures include designs to allow for paseos and green courts.

LSA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

CONSIDERATIONS
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

Given the foregoing, the project would incorporate green and sustainable practices, as practicable, in developing buildings and infrastructure.

7. The project would undertake development of the Specific Plan Area in a manner that is economically feasible and balanced to address the City’s economic interests.

As described in Section 2, above, it is reasonably expected that the City and its residents will enjoy the economic and social benefits from the diversity of the economic benefits provided by the project, including both short-term and long-term employment opportunities. The diversity in commercial, office, and industrial uses allows for the creation of a diverse economic base with an expanded opportunity for employment for a broad range of training and skill sets. Economic interests include both diverse and affordable housing, which is provided by this project as described in Section 1, above. A PFFP has also been prepared for the project that articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden. The PFFP analyzes backbone infrastructure and public service needs and funding capacity at the Village level, as defined in Figure LU-3 of the Land Use Element of the General Plan. In summary, the project is balanced to address the City’s economic interests, including that related to financing infrastructure, maintaining a vigorous and diverse tax base for fiscal resiliency, and ensuring development in an economically feasible and balanced way.

Conclusion And Findings
The City finds that the project has been carefully reviewed and that the goals, objectives and policies included in the project along with the mitigation measures identified in the EIR have avoided or substantially lessen several environmental impacts, to the extent feasible. Nonetheless, the project may have certain environmental effects which cannot be avoided or substantially lessened. The City has carefully considered all of the environmental impacts that have not been mitigated to an insignificant level. The City has also carefully considered the economic, fiscal, legal, social, and technological benefits of the project, as well as other considerations. The City has balanced the benefits of the project against its unavoidable and unmitigated adverse environmental impacts and, based upon substantial evidence in the record, has determined that the benefits of the project outweigh the adverse environmental effects.

Based on the foregoing, and pursuant to Public Resources Code section 21081 and State CEQA Guidelines Section 15093, the City finds that the remaining significant and unavoidable impacts of the Project are acceptable in light of its economic, fiscal, technological, and social benefits as well as LSA

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

FINDINGS OF FACT AND STATEMENT OF OVERRIDING

Finally, the City finds that, to the extent that any impacts identified in the EIR remain unmitigated, mitigation measures have been required to the extent feasible, although the impacts could not be reduced to a less-than-significant level. Accordingly, when deciding to approve the project, the City is faced with the presumed unmitigated impacts which are limited in nature. When considering the significant benefits outlined in this Statement of Overriding Considerations against limited impacts, the balance of weight clearly falls in favor of the merits of the project and its benefits.

For the reasons stated herein, and each of them separately and independently of the others, the City has adopted this Statement of Overriding Considerations.

LSA
EXHIBIT “C”
Mitigation Monitoring and Reporting Program

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA
1 MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) lists mitigation measures recommended in The Villages at Almond Grove Specific Plan EIR and identifies mitigation monitoring requirements and is intended to ensure compliance during implementation of the Specific Plan.

This MMRP has been prepared to comply with the requirements of State law (Public Resources Code Section 21081.6). State law requires the adoption of an MMRP when mitigation measures are required to avoid significant impacts. The MMRP is intended to ensure compliance during implementation of the proposed Specific Plan.

The MMRP is organized in a matrix format. The first column identifies the mitigation measure.

The second column, entitled “Mitigation Responsibility,” refers to the party responsible for implementing the mitigation measure. The third column, entitled “Monitoring/Reporting Agency,” refers to the agency responsible for oversight or ensuring that the mitigation measure is implemented. The fourth column, entitled “Monitoring Timing/Schedule,” refers to when monitoring will occur to ensure that the mitigating action is completed.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
2 This page intentionally left blank

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
3 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule

4.1: AESTHETICS
AES-4: During Development Plan review of future discretionary projects developed under the Specific Plan, the City shall ensure that proposed projects demonstrate that the lighting guidelines identified in the Specific Plan are implemented through preparation of a lighting plan. The lighting plan shall be approved by the City of Madera Community Development Director or designee.

Project Applicant Community
Development
Department
Lighting plan of discretionary
projects under Specific Plan to be
prepared and approved prior to
approval of discretionary project.

AES-5: Refer to Mitigation Measures AES-4, above. Project Applicant Community Development
Department
Lighting plan of discretionary
projects under Specific Plan to be
prepared and approved prior to
approval of discretionary project.

AIR QUALITY
AIR-2.1: Consistent with San Joaquin Valley Air Pollution Control District (SJVAPCD) Regulation VIII (Fugitive PM10 Prohibitions) and in order to reduce construction equipment emissions to the extent feasible, the following controls shall be included as specifications for the proposed Specific Plan and implemented during construction:
• All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover.
• All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. • All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking.
• When materials are transported off-site, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained.
• All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden.) • Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emission utilizing sufficient water or chemical stabilizer/suppressant.

Project Applicant Community
Development
Department
Prior to issuance of grading
permits, the City shall ensure that
the listed controls are included as
project specifications.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
4 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
• The project contractor shall require all off-road diesel-powered construction equipment of greater than 50 horsepower used for the project meet the California Air Resources Board (CARB) Tier 4 emissions standards or better.
• The project contractor shall require the use of electric air compressors, cranes, excavators, forklifts, generator sets, and welders.

AIR-2.2: Prior to issuance of a building permit, the City of Madera Community Development Director or designee shall identify project design details and specifications, where feasible, to document implementation and compliance with the following emission reduction measures. Implementation of the following measures is considered to be applicable, feasible, and effective in reducing criteria pollutant emissions generated by the project:
• All Project Applicants shall provide Class I and Class II bicycle parking/storage facilities on-site. Bicycle parking facilities should be near destination points and easy to find. At least one bicycle parking space for every 20 vehicle parking spaces. • All employers shall provide shower and locker facilities to encourage employees to bike and/or walk to work, typically one shower and three lockers for every 25 employees. • All apartment complexes or condominiums without garages shall provide Class I bicycle parking.
• All Project Applicants shall install Class I or II bike lanes on arterial/collector streets, or where a suitable route exists.
• All Project Applicants shall provide building access and paths which are physically separated from street parking lot traffic and that eliminate physical barriers such as walls, berms, landscaping and slopes that impede the use of pedestrians, bicycle facilities, or public transportation vehicles.
• All Project Applicants shall provide continuous sidewalks separated from the roadway by landscaping and on street parking.
• All Project Applicants shall provide on and off-site pedestrian facility improvements such as trails linking them to designated pedestrian commuting routes and/or on-site overpasses and wider sidewalks.
• All Project Applicants shall link cul-de-sacs and dead-end streets to encourage pedestrian and bicycle travel.
• All Project Applicants shall provide traffic reduction modifications to project roads, such as: narrower streets, speed platforms, bulb-outs and intersection modifications designed to reduce vehicle speeds and to encourage pedestrian and bicycle travel. • All Project Applicants shall provide a parking lot design that includes clearly marked and shaded pedestrian pathways between transit facilities and building entrances.

Project Applicant Community
Development
Department
Prior to issuance of a building
permit, the City of Madera
Community Development Director
or designee shall confirm inclusion
of project design details and
specifications related to the listed
emission reduction measures.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
5 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
• All Project Applicants shall provide pedestrian access between bus service and major transportation points and to destination points within the project. • All Project Applicants shall provide a display case or kiosk displaying transportation information in a prominent area accessible to employees, residents, or visitors. • All Project Applicants shall display bike route maps, bus schedules, and any other transportation information such as carpooling and car sharing. • All Project Applicants shall design projects using models by the Local Government Commission (LGC) in the “Smart Growth Guidebook,” such as: street block patterns that from an interconnected grid, short block faces, numerous alleys, and narrow streets. • All Project Applicants shall develop and implement parking pricing strategies, such as charging parking lot fees to low occupancy (single occupant vehicles) vehicles. • All Project Applicants shall provide preferential parking spaces near the entrance of buildings for those who carpool/vanpool/rideshare and provide signage. • All Project Applicants shall install efficient heating, and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces, and boiler units beyond Title 24 requirements.
• All Project Applicants shall use solar or low-emission water heaters and use central water heaters.
• All Project Applicants shall improve the thermal integrity/efficiency of buildings, and reduce the thermal load with automated and timed temperature controls or occupant sensors.
• All Project Applicants shall orient buildings to take advantage of solar heating and natural cooling and use passive solar designs.
• All employers shall implement at least one of the following: provide a guaranteed ride home; provide a carpool support system; provide a car-sharing services support system; provide a ride share program; employ or appoint an Employee Transportation Coordinator; provide incentives to employees to carpool/vanpool, take public transportation, telecommute, walk, and/or bike; participate in an employee "flash-pass" program, which provides free travel on transit buses; or provide transit pass subsidy and/or commute alternative allowance.
• If feasible, employers shall implement alternative work schedules such as compressed workweek schedules where weekly work hours are compressed into fewer than five days.
• Employers shall require fleets associated with project operational activities to utilize the cleanest available HHD truck technologies, including zero and near-zero (0.02 g/bhp-hr NOx) technologies as feasible.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
6 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
• Employers shall require all on-site service equipment (cargo handling, yard hostlers, forklifts, pallet jacks, etc.) to utilize zero-emissions technologies as feasible. • Employers shall require fleets to use best practices (i.e., eliminating unnecessary idling).

AIR-3.1: Prior to the approval of any construction or building permits for new development proposed under the Specific Plan, the Director of the City of Madera Planning Department or designee shall ensure that when construction occurs within 500 feet of existing residences, the project contractor(s) shall utilize construction equipment rated by the United States Environmental Protection Agency (USEPA) as having Tier 4 (model year 2008 or newer) emission limits. The construction equipment shall be properly serviced and maintained in accordance with manufacturer recommendations.

Project Applicant
and project
contractor
Community
Development
Department
Prior to issuance of any
construction or building permits,
the City of Madera Community
Development Director or designee
shall confirm inclusion of
construction specifications related
to the use of Tier 4 emission limits
as specified in the measure.

AIR-5.1: Implement Mitigation Measures AIR-2.1 and AIR-2.2. Project Applicant Community Development
Department
Prior to issuance of grading
permits, the City shall ensure that
the listed controls identified in
Mitigation Measure AIR-2.1 are
included as project specifications.

Prior to issuance of a building
permit, the City of Madera
Community Development Director
or designee shall confirm inclusion
of project design details and
specifications related to the listed
emission reduction measures, as
identified in Mitigation Measure
AIR-2.2.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
7 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule

BIOLOGICAL RESOURCES
BIO-1.1: Prior to the issuance of grading permits, the following measures shall be implemented to reduce potential impacts to western burrowing owls:
• Preconstruction surveys for western burrowing owls shall be conducted by a qualified biologist in accordance with the California Department of Fish and Wildlife (CDFW) 2012 Staff Report on Burrowing Owl Mitigation, or the most current guidelines. • If burrowing owls are identified during the preconstruction survey, avoidance of occupied burrows during the breeding season shall be implemented or passive exclusion, per CDFW’s 2012 Staff Report on Burrowing Owl Mitigation, or the most current guidelines (installing one-way doors in burrow openings during the nonbreeding season to temporarily exclude burrowing owls, or permanently exclude burrowing owls and close burrows after verifying burrows are empty by site monitoring and scoping) shall be implemented).
• Following construction activities, all areas temporarily impacted during Project construction and not identified for future development, shall be restored to preconstruction contours and revegetated with native species as specified in Table 4.4.B.

Project Applicant
and qualified
biologist
Community
Development
Department/
California
Department of Fish
and Wildlife
(CDFW)
Pre-construction surveys for
western burrowing owls to be
completed prior to issuance of any
grading permits. Temporarily
disturbed areas to be restored to
pre-construction conditions after
cease of construction activities.

BIO-1.2: Prior to the issuance of grading permits, the following measures shall be implemented to reduce potential impacts to Swainson’s hawks:
• If construction begins during the nesting season (February 1 through August 31), an early season preconstruction survey for nesting Swainson’s hawks shall be conducted between January and March in the Biological Study Area (BSA) for the Specific Plan Area and immediate vicinity (an approximately 0.25 mi radius) by a qualified biologist when tree foliage is relatively sparse and nests are easy to identify. A second preconstruction survey for nesting Swainson’s hawks shall be conducted in the BSA and immediate vicinity (an approximately 0.25 mile radius) by a qualified biologist no more than 14 days prior to initiation of earthmoving activities.
• If nesting Swainson’s hawks are found within the survey area, a qualified biologist shall evaluate the potential for the project to disturb nesting activities. The California Department of Fish and Wildlife (CDFW) shall be contacted to review the evaluation and determine if the project can proceed without adversely affecting nesting activities.

CDFW shall also be consulted to establish protection measures such as buffers. • Disturbance of active nests shall be avoided until it is determined by a qualified biologist that nesting is complete and the young have fledged, or that the nest has failed. If work is allowed to proceed, at a minimum, a qualified biologist shall be on-site during the start of construction activities during the nesting season to monitor nesting activity.

Project Applicant
and qualified
biologist
Community
Development
Department/Califor
nia Department of
Fish and Wildlife
(CDFW)
Pre-construction surveys for
nesting Swainson’s hawks to be
completed prior to issuance of any
grading or construction permits.

Temporarily disturbed areas to be
restored to pre-construction
conditions after cease of
construction activities.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
8 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
The monitor shall have the authority to stop work if it is determined the project is adversely affecting nesting activities.
• Following construction, all fill slopes, temporary impact and/or otherwise disturbed areas not identified for future development shall be restored to preconstruction contours and revegetated with the native seed mix specified in Table 4.4.C.

BIO-1.3: Prior to the issuance of grading permits, the following measures shall be implemented to reduce potential impacts to northern harrier, California horned lark, and other nesting birds:
• If construction begins during the nesting season (February 1 through August 31), a qualified biologist shall survey all suitable nesting habitat in the Biological Survey Area (BSA) of the Specific Plan Area for presence of nesting birds. This survey shall occur no more than 10 days prior to the start of construction. If no nesting activity is observed, work may proceed as planned. If an active nest is discovered, a qualified biologist shall evaluate the potential for the proposed project to disturb nesting activities. The evaluation criteria shall include, but are not limited to, the location/orientation of the nest in the nest tree, the distance of the nest from the BSA, the line of sight between the nest and the BSA, and the feasibility of establishing no-disturbance buffers. • If work is allowed to proceed, a qualified biologist shall be on-site weekly during construction activities to monitor nesting activity. The biologist shall have the authority to stop work if it is determined the project is adversely affecting nesting activities.

Weekly monitoring shall continue until any young have fledged or the nest fails (as determined by the qualified biologist).

Project Applicant
and qualified
biologist
Community
Development
Department/
California
Department of Fish
and Wildlife
(CDFW)
Pre-construction surveys for
northern harrier, California horned
lark, and other nesting birds to be
completed prior to issuance of any
grading permits.

BIO-3: The following measures shall be implemented once specific development plans are submitted and prior to the issuance of grading permits to mitigate potential impacts to aquatic resources:
• A jurisdictional delineation shall be performed to determine if any or all of the aquatic features in the Biological Survey Area (BSA) of the Specific Plan Area should be considered jurisdictional by the Army Corps of Engineers (ACOE). The jurisdictional delineation shall be submitted to the ACOE for verification or concurrence. • If the results of the jurisdiction delineation determine that any of the aquatic features in the BSA are jurisdictional waters, and the Project would result in permanent or temporary impacts to those waters, the project proponent shall obtain any necessary regulatory permits prior to the commencement of ground disturbing activities.

Project Applicant
and qualified
biologist
Planning and
Development
Department/ Army
Corps of Engineers
(ACOE)
Wetland delineation to be
completed after submission of
development plans and prior
issuance of any grading or
construction permits. The City shall
ensure that project-specific
mitigation is incorporated into
project plans if project would result
in loss of wetlands and/or nonwetland waters

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
9 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
• If the project would result in the loss of wetlands and/or non-wetland waters, mitigation shall be accomplished by purchasing credits at an approved mitigation bank, payment of in-lieu fees, or a combination of these methods, as determined by the City of Madera.

Mitigation ratios shall be at least 1:1.

BIO-7: Refer to Mitigation Measures BIO-1.1 through BIO-1.3 and Mitigation Measure BIO-3.

Project Applicant
and qualified
biologist
Community
Development
Department/
California
Department of Fish
and Wildlife
(CDFW)
Pre-construction surveys to be
completed prior to issuance of any
grading permits.

CULTURAL RESOURCES
CUL-1: Prior to the issuance of grading permits for development occurring within APN 030- 170-009 and APN 0303-070-004, formal evaluations of the existing canal segments and buildings shall be completed by a qualified historic resources consultant for eligibility for inclusion in the California Register of Historical Resources (CRHR) to assess whether or not they qualify as historic resources under Public Resources Code Section 21084.1. If the resources are determined to be unique historical resources, measures shall be identified by the qualified historic resources consultant monitor and recommended to the City.

Appropriate measures for significant resources could include, but are not limited to, avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.

Project Applicant
and qualified
historical resources
specialist
Community
Development
Department
Evaluation by qualified historical
resources specialist to be
completed prior issuance of grading
permits.

Following discovery of previously
unknown resource throughout the
construction period, a qualified
historical resources specialist shall
prepare recommendations and
submit to the Community
Development Department. Timing
for recommendations shall be
established by project-specific
mitigation measure.

CUL-2.1: To identify if an archaeological resource is present and if it meets the definition of a historical resource under the California Environmental Quality Act (CEQA), or a unique archaeological resource under Public Resources Code Section 21083.2 located in the southeastern portion of the Specific Plan Area, additional investigation including a field survey and an archaeological sensitivity analysis shall be conducted prior to the initiation of ground-disturbing activities. For projects associated with the Specific Plan that are located in areas with moderate or higher sensitivity for buried archaeological resources as identified by the archaeological sensitivity analysis, subsurface testing shall be conducted to minimize possible disturbance to or inadvertent discoveries of archaeological deposits.

Project Applicant
and qualified
archeologist
Community
Development
Department
Archeological resources study to be
completed prior to initiation of
ground-disturbing activities.

Community Development
Department to review construction
specifications to ensure inclusion of
provisions included in mitigation
measure.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
10 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
A qualified archaeologist shall develop a monitoring plan based on depth of the excavation and data from subsurface testing to be submitted to the City of Madera Community Development Director or designee. The monitoring plan shall include observation of ground disturbing activities (such as grading, trenching and boring) to be focused in areas that are most likely to contain buried resources. The archaeologist shall limit on-site monitoring to only areas where depth of excavation and information from subsurface testing suggests that sensitive resources may be encountered.

CUL-2.2: If deposits of precontact or historic-period archaeological materials are encountered during construction activities, all work within 25 feet of the discovery shall be redirected and a qualified archaeologist contacted to assess the situation, consult with agencies as appropriate, and make recommendations for the treatment of the discovery.

Project personnel shall not collect or move any archaeological materials. Archaeological materials can include flaked-stone tools (e.g., projectile points, knives, and choppers) or obsidian, chert, basalt, or quartzite toolmaking debris; bone tools; culturally darkened soil (i.e., midden soil often containing heat-affected rock, ash and charcoal, shellfish remains, bones, and other cultural materials); and stone-milling equipment (e.g., mortars, pestles, and handstones). Precontact archaeological sites often contain human remains. Historicperiod materials can include wood, stone, concrete, or adobe footings, walls, and other structural remains; debris-filled wells or privies; and deposits of wood, glass, ceramics, metal, and other refuse.

Project Applicant
and qualified
archeologist
Community
Development
Department
Community Development
Department to review construction
specifications to ensure inclusion of
provisions included in mitigation
measure.

Following discovery of previously
unknown precontact or historicperiod archaeological materials throughout the construction
period, a qualified archaeologist
shall prepare recommendations
and submit to the Community
Development Department. Timing
for recommendations shall be
established by project-specific
mitigation measure.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
11 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
CUL-3: The following procedures shall be implemented in the event that human remains are identified during project activities:
• If human remains are encountered during project activities, work within 25 feet of the discovery shall be redirected and the Madera County Coroner notified immediately. At the same time, an archaeologist shall be contacted to assess the situation and consult with agencies as appropriate. Project personnel shall not collect or move any human remains and associated materials. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. The Native American Heritage Commission (NAHC) will identify a Most Likely Descendant (MLD) to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. • The archaeologist shall prepare a report that provides recommendations for the treatment of the human remains and any associated cultural materials as well as proposed or implemented methods and results from excavation and analysis. Treatment of the remains and associated cultural materials shall be done in coordination with the recommendations of the MLD and City. The final report shall be submitted to the Southern San Joaquin Valley Information Center (SSJVIC).

Following discovery of previously
unknown human remains
throughout the construction
period, a qualified archaeologist
shall prepare recommendations
and submit to the Community
Development Department. Timing
for recommendations shall be
established by project-specific
mitigation measure.

CUL-4: Refer to Mitigation Measures CUL-2.1 and CUL-2.2. Project Applicant and qualified
archeologist
Community
Development
Department
Community Development
Department to review construction
specifications to ensure inclusion of
provisions included in mitigation
measures.

Following discovery of previously
unknown resources throughout the
construction period, a qualified
specialist shall prepare
recommendations and submit to
the Community Development
Department. Timing for
recommendations shall be
established by project-specific
mitigation measure.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
12 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
CUL-5: Refer to Mitigation Measures CUL-1, CUL-2.1, CUL-2.2, and CUL-3. Project Applicant and qualified
archeologist
Community
Development
Department
Community Development
Department to review construction
specifications to ensure inclusion of
provisions included in mitigation
measures.

ENERGY
Mitigation Measure EN-1.1: Prior to approval of building permits, the Community Development Director or designee shall ensure that the energy efficiency strategies identified in the Specific Plan are incorporated project construction documents. These energy efficient strategies include, but are not limited to the following:
• Provide natural lighting, where feasible, to reduce reliance on artificial lighting. • Use Low-E or EnergyStar windows.
• Use high-efficiency lighting systems with advanced lighting controls. For nonresidential buildings, consider providing motion sensors tied to dimmable lighting controls. Task lighting may be used to reduce general overhead light levels. • Use a properly sized and energy-efficient heat/ cooling system in conjunction with a thermally efficient building shell. Consider using light colors for roofing and wall finish materials, and installing high R-value wall and ceiling insulation. • Implement some of the strategies of the EnergyStar program. • For retail, commercial and office uses, use light colored roofing with a high solar reflectance to reduce the heat island effect from roofs. • In retail, commercial and office development, encourage the provision of preferred parking spaces for hybrid, fuel cell, electric and/or other fuel efficient vehicles.

Project Applicant
and project architect
Community
Development
Department
Energy efficiency strategies
incorporated into construction
plans prior to issuance of building
permits. Community Development
Department to confirm inclusion of
energy efficiency strategies.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
13 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule

GEOLOGY AND SOILS
GEO-1.1: Consistent with Section 1803 of the California Building Code and Section 10-

2.402.3 of the City of Madera Municipal Code, prior to approval of a tentative subdivision map and for other types of structures, a preliminary soils report shall be reviewed and approved by the City of Madera Community Development Director and City Engineer or their designees. As a part of the geotechnical investigations, testing of samples from subsurface investigations is required, such as from borings or test pits. Investigations shall be conducted by a registered design professional and involve in situ-testing, laboratory testing, or engineering calculations. Studies shall be done as needed to evaluate slope stability, soil strength, position, and adequacy of load-bearing soils, the effect of moisture variation on load-bearing capacity, compressibility, liquefaction, differential settlement, and expansiveness. The geotechnical investigation shall provide recommendations to be incorporated into final plans and/or improvement plans, if required, to ensure compliance with the UBC and CBC.

Project Applicant Community
Development
Department
Community Development
Department to review preliminary
soils report prior to approval of
tentative subdivision maps and
ensure inclusion of
recommendations of geotechnical
investigation into construction
specifications.

GEO-2: Refer to Mitigation Measures GEO-1.1 Project Applicant Community Development
Department
Community Development
Department to review preliminary
soils report prior to approval of
tentative subdivision maps and
ensure inclusion of
recommendations of geotechnical
investigation into construction
specifications.

GEO-3: Refer to Mitigation Measures GEO-1.1 Project Applicant Community Development
Department
Community Development
Department to review preliminary
soils report prior to approval of
tentative subdivision maps and
ensure inclusion of
recommendations of geotechnical
investigation into construction
specifications.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
14 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
Mitigation Measure GEO-6.1: The following measures shall be implemented to reduce potential impacts to paleontological resources:
• In the event that unique paleontological/geological resources are discovered during excavation and/or construction activities, construction shall stop in the immediate vicinity of the find and a qualified paleontologist shall be consulted to determine whether the resource requires further study. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to, excavation of the finds and evaluation of the finds. If the resources are determined to be significant, mitigation measures shall be identified by the monitor and recommended to the City. Appropriate mitigation measures for significant resources could include avoidance or capping or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the City approves the measures to protect the identified resources. • If unique paleontological/geological resources are found during the field survey, the resources shall be inventoried and evaluated for significance. If the resources are found to be significant, mitigation measures shall be identified by the qualified paleontologist.

Similar to above, appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. In addition, appropriate mitigation for excavation and construction activities in the vicinity of the resources found during the field survey or literature review shall include a paleontological monitor. The monitoring period shall be determined by the qualified paleontologist. If additional paleontological/ geological resources are found during excavation and/or construction activities, the procedure identified above for the discovery of unknown resources shall be followed.

Community
Development
Department
Community
Development
Department
Community Development
Department to ensure inclusion of
provisions included in mitigation
measure in construction
specifications.

Following discovery of previously
unknown paleontological resources
throughout the construction
period, a qualified paleontologist
shall prepare recommendations
and submit to the Community
Development Department. Timing
for recommendations shall be
established by project-specific
mitigation measure

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
15 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
GEO-7: Refer to Mitigation Measures GEO-6.1 Community
Development
Department
Community
Development
Department
Community Development
Department to ensure inclusion of
provisions included in mitigation
measure in construction
specifications.

GREENHOUSE GAS EMISSIONS
GHG-1.1: Prior to issuance of grading permits, applicants shall submit to the City of Madera Planning Department a Greenhouse Gas Reduction Plan, or proof of compliance with the City’s Climate Action Plan (CAP), referencing construction plans details and specifications to document implementation and compliance with the following applicable CAP measures.

Implementation of the following CAP measures is considered to be applicable, feasible, and effective in reducing greenhouse gas emissions generated by the project:
• Exceed Title 24 Energy Efficiency Building Standards, meet State Green Building Standards voluntary tier levels, become Leadership in Energy and Environmental Design (LEED) Greenpoint rated, or ENERGY STAR rated.
• Install solar photovoltaic (PV) systems or solar hot water heaters. • Provide safe routes to adjacent transit stops.
• Finance and/or construct bus turnouts and shelters where transit demand warrants such improvements.
• Provide public transit vouchers to employees.
• Include alternative fueling stations or electric vehicle (EV) charging stations.

Project Applicant Community
Development
Department
Proof of compliance with City’s
Climate Action Plan (CAP) to be
submitted to Planning Department
prior to issuance of grading
permits.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
16 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
• By 2020, ensure construction contractors employ five percent of construction vehicles/ equipment that utilize new technologies (i.e., repowered engines, electric drive trains), California Air Resources Board (CARB)-approved low carbon fuel, or are electricallypowered. By 2030, ensure construction contractors employ 10 percent of construction vehicles/equipment that utilize new technologies, CARB-approved low carbon fuel, or are electrically-powered.
• Include low-maintenance native landscaping or xeriscaping GHG-2: Refer to Mitigation Measure GHG-1.1. Project Applicant Community Development
Department
Proof of compliance with City’s
Climate Action Plan (CAP) to be
submitted to Planning Department
prior to issuance of grading
permits.

GHG-3: Refer to Mitigation Measure GHG-1.1. Project Applicant Community Development
Department
Proof of compliance with City’s
Climate Action Plan (CAP) to be
submitted to Planning Department
prior to issuance of grading
permits.

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1: Prior to the issuance of demolition permits related to new development proposed under the Specific Plan, asbestos and lead based paint (LBP) surveys shall be conducted in order to determine the presence or absence of asbestos-containing materials (ACMs) and/or LBP within existing structures to be removed. Removal by property owners and/or future developers of LBP, friable ACMs, and non-friable ACMs that have the potential to become friable during demolition, shall be outlined in an inspection report to be submitted for approval by the City of Madera Community Development Director or designee, to conform to the standards set forth by the National Emissions Standards for Hazardous Air Pollutants (NESHAPs). The San Joaquin Valley Air Pollution Control District (SJVAPCD) shall be notified by the property owners and/or future developers of properties (or their designee(s)) prior to any demolition and/or renovation activities.

Project Applicant Community
Development
Department, San
Joaquin Valley Air
Pollution Control
District (SJVAPCD)
Asbestos and lead based paint (LBP)
surveys to be completed prior to
issuance of demolition permits.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
17 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule

HYDROLOGY AND WATER QUALITY
No mitigation is required. Regulatory Compliance Measure would be implemented:

Regulatory Compliance Measure HYD-1: Prior to approval of each subsequent Specific Plan grading permit, grading plans must be prepared for and approved by the City of Madera Engineering Department and must be in compliance with the General Construction Permit including implementation of SWPPPs with specific BMPs to minimize pollution of stormwater. BMPs shall follow City of Madera Storm drainage BMPs and Storm Drainage Management Plan. The City shall also review and confirm compliance with Statewide National Pollutant Discharge Elimination System (NPDES) permits for construction runoff and municipal storm drain systems (MS4) provisions of water quality control measures.

N/A N/A N/A

LAND USE AND PLANNING
Mitigation Measure LU-2.1: Prior to adoption of the Specific Plan by the City, a Public Facilities Financing Plan (PFFP) shall be completed by the project applicant and approved by the Community Development Director or designee. The PFFP shall identify all infrastructure and public facilities required to support the Specific Plan area and shall identify associated costs and financing mechanisms to fund these facilities.

Project Applicant Community
Development
Department
Public Facilities Financing Plan
(PFFP) to be completed prior to
adoption of Specific Plan.

NOISE
NOI-1.1: The project contractor shall implement the following measures during construction of the proposed project:
• Equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards. • Place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the active project site.
• Locate equipment staging in areas that would create the greatest possible distance between construction-related noise sources and noise-sensitive receptors nearest the active project site during all construction activities. • Ensure that all general construction related activities are restricted to between the hours of 6:00 a.m. and 8:00 p.m., consistent with the City’s Noise Ordinance. • Designate a “disturbance coordinator” at the City, at the expense of the project contractor, who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler) and would determine and implement reasonable measures warranted to correct the problem.

Project Applicant
and project
contractor
Community
Development
Department
Noise-abatement measures to be
implemented during project
construction. Community
Development Department shall
ensure that project construction
specifications comply with
applicable noise standards.

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
18 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
Mitigation Measure NOI-1.2: In order to comply with the City’s noise compatibility guidelines, prior to the issuance of grading permits, new development proposed under the Specific Plan shall require an acoustic study for approval by the Community Development Director or designee for all noise-sensitive projects located within the following traffic noise contours with noise levels greater than 60 dBA CNEL:
• Within 572 feet of Road 23 between Avenue 17 and Project Driveway 3; • Within 507 feet of Road 23 between Project Driveway 3 and Avenue 16; • Within 517 feet of Road 23 between Avenue 16 and Cleveland Avenue; • Within 533 feet of Road 23 between Cleveland Avenue and Project Driveway 4; • Within 501 feet of Road 23 between Project Driveway 4 and Project Driveway 5; • Within 504 feet of Road 23 between Project Driveway 5 and Avenue 14 ½; • Within 84 feet of Avenue 17 between Road 22 and Project Driveway 1; • Within 246 feet of Avenue 17 between Project Driveway 1 and Road 23; • Within 50 feet of Avenue 16 between Road 22 and Project Driveway 2/Road 22 ½; • Within 263 feet of Avenue 16 between Project Driveway 2/Road 22 ½ and Road 23; • Within 449 feet of Cleveland Avenue between Road 23 and Project Driveway 6; • Within 452 feet of Cleveland Avenue between Project Driveway 6 and Westberry Boulevard;
• Within 50 feet of Road 22 between Avenue 17 and Avenue 16; • Within 50 feet of Road 22 between Avenue 16 and Cleveland Avenue; • Within 50 feet of Road 22 south of Cleveland Avenue;
• Within 50 feet of Cleveland Avenue between Road 22 and between Project Driveway 2/Road 22 ½;
• Within 98 feet of Cleveland Avenue between Project Driveway 2/Road 22 ½ and Road 23;
• Within 56 feet of Project Driveway 2/Road 22 ½ between Avenue 16 and Cleveland Avenue; Within 54 feet of Project Driveway 2/Road 22 ½ between Avenue 17 and Avenue 16;
• Within 90 feet of Avenue 16 between Road 22 and Westberry Road; • Within 50 feet of Project Driveway 5 west of Project Driveway 2/Road 22½; • Within 50 feet of Project Driveway 5 east of Project Driveway 2/Road 22½; • Within 50 feet of Project Driveway 2/Road 22 ½ north of Project Driveway 5; • Within 119 feet of Project Driveway 4 east of Road 23; • Within 54 feet of Project Driveway 6 south of Cleveland Avenue; • Within 63 feet of Project Driveway 2/Road 22 ½ between Road 23 and Project Driveway 3; and
Project Applicant
and qualified noise
consultant
Community
Development
Department
Acoustic study to be completed for
new developments prior to
issuance of grading permits.

Community Development
Department shall ensure that
project construction specifications
comply with applicable noise
standards.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
19 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
• Within 103 feet of Project Driveway 4 between Project Driveway 2/Road 22 ½ and Road

23. The acoustic study shall demonstrate that that interior noise levels in habitable rooms shall not exceed 45 dBA CNEL. Acoustical design features shall be incorporated into the proposed project design, which may include a combination of exterior features to reduce noise, such as berms/walls and/or architectural features such as Sound Transmission Class (STC) rated windows and doors. All STC ratings shall be shown on the building plans and incorporated into the construction of the proposed project. Once final architectural plans with the exterior-wall details and window types are available, a Final Acoustic Report shall be prepared by a qualified consultant to confirm that the interior living spaces of residential dwelling units will meet the City’s interior noise standard of 45 dBA CNEL (A weighted decibel Community Noise Equivalent Level) with windows and doors closed. If interior noise levels are still exceeded after the Final Acoustic Report is completed, additional design features shall be incorporated to meet the interior noise.

Mitigation Measure NOI-1.3: In order to comply with the City’s General Plan nontransportation related noise standards and Municipal Code standards, prior to the issuance of grading permits, an acoustical study shall be prepared for any stationary sources of noise proposed under the Specific Plan. The stationary source noise study shall demonstrate that noise levels would be consistent with the Noise Ordinance standards outlined in Title III: Public Safety, Chapter 11: Noise Control and shall be approved by the City of Madera Community Development Director or designee.

Project Applicant Community
Development
Department
Acoustical study to be completed
prior to issuance of grading
permits.

Mitigation Measure NOI-2.1: Prior to the approval of any construction or building permits for new development proposed under the Specific Plan, the City of Madera Community Development Director or designee shall ensure that construction plans include specifications that prohibit the use of heavy construction equipment within 15 feet of existing structures.

Project Applicant,
construction
contractor
Community
Development
Department
Construction specifications to be
confirmed prior to approval of
construction or building permits.

PUBLIC SERVICES AND RECREATION
PSR-1: Refer to Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. - - -
PSR-2: Refer to Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. - - -

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA, CALIFORNIA

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022
20 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
PSR-5: Refer to Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. - - -
PSR-7: Refer to Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. - - -
PSR-8: Refer to Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. - - -

TRANSPORTATION
TRA-1.1: As a condition of future project entitlements approved for projects within the Specific Plan Area, improvements identified in Table 9-A of the Traffic Impact Analysis (TIA) shall be implemented by the City.

Project Applicant,
Community Planning
Department
Community
Planning
Department
Improvements identified in Specific
Plan Traffic Impact analysis to be
implemented by the City prior
approval of project entitlements for
projects within Specific Plan Area.

UTILITIES
UTL‐1.1: Prior to the issuance of each grading permit for projects within the Specific Plan Area, the City shall ensure that the Infrastructure Master Plan for the Specific Plan is implemented and that General Plan policies requiring capacity analyses of service systems are completed.

Community Planning
Department,
Engineering
Department
Community
Planning
Department
City to ensure implementation of
Infrastructure Master Plan and
General Plan policies related to
capacity of serviced systems prior
to issuance of grading permits for
discretionary projects within
Specific Plan Area.

UTL‐1.2: Prior to the issuance of each grading permit for projects within the Specific Plan Area, and consistent with policies of the General Plan, the City shall review the City’s wastewater facility capacity and shall prepare environmental review, consistent with the California Environmental Quality Act, and analysis for any future off-site wastewater facility expansions and improvements required to support development of the Specific Plan. The CEQA analysis shall be completed prior to approval of each development project.

Community Planning
Department,
Engineering
Department
Community
Planning
Department
City to complete environmental
analysis to ensure wastewater
facility capacity prior to issuance of
grading permits for discretionary
projects within the Specific Plan
Area.

UTL‐2: Prior to issuance of each grading permit for projects within the Specific Plan Area, the City shall review water supplies available at the time and ensure that the required groundwater facilities, including replacing and increasing depth of groundwater wells, and the use of reclaimed water as identified in the City’s Water Master Plan are adequate to serve the project.

Community Planning
Department,
Engineering
Department
Community
Planning
Department
City to ensure water availability for
projects within Specific Plan Area
prior to issuance of grading permits
for discretionary projects within the
Specific Plan Area.

MITIGATION MONITORING AND REPORTING PROGRAM
MARCH 2022

THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN

MADERA,CALIFORNIA
21 Table A: EIR Mitigation Monitoring and Reporting Program Mitigation Measures Mitigation
Responsibility
Monitoring/
Reporting Agency
Monitoring
Timing/Schedule
UTL‐6: Refer to Mitigation Measures AES-4, AIR-2.1, AIR-2.2, AIR-3.1, BIO-1.1, BIO-1.2, BIO1.3, BIO-3, CUL-1, CUL-2.1, CUL-2.2, CUL-3, EN-1.1, GEO-1.1, GEO-6.1, GHG-1.1, HAZ-1, RCM HYD-1, LU-2.1, NOI-1.1, NOI-1.2, NOI-1.3, NOI-2.1, UTL-1.1, UTL-1.2, and UTL-2. - - -
Source: LSA (2022).

ATTACHMENT 8: General Plan Amendment Resolution
A Resolution of the City Council of the City of Madera Approving General Plan Amendment (GPA) 2017- 02 for the Villages at Almond Grove Specific Plan consistency with the General Plan. 01236.0505/783267.2
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING GENERAL PLAN AMENDMENT (GPA) 2017-02 TO UPDATE THE

GENERAL PLAN TO ALLOW FOR THE VILLAGES OF ALMOND GROVE

SPECIFIC PLAN CONSISTENCY
WHEREAS, State Law requires that local agencies adopt General Plans containing specific mandatory elements; and
WHEREAS, the City of Madera has adopted a Comprehensive General Plan Update and Environmental Impact Report, and the City of Madera is currently in compliance with State mandates relative to Elements of the General Plan; and
WHEREAS, State law also provides for periodic review, updates, and amendments of its various plans; and
WHEREAS, the City has policies encouraging preparation of specific plans or master plans in certain areas prior to the properties being developed. In this case the Specific Plan No. 2017- 01 was submitted for the project area; and
WHEREAS, the project (Specific Plan No. 2017-01) known as the “The Villages at Almond Grove Specific Plan” (Specific Plan), a specific plan, is located on approximately 1,883 acres in the west of the City of Madera bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east. The project also includes, within the boundaries of the Specific Plan, Tentative Subdivision Map 2020-02 on approximately 645 acres and Tentative Subdivision Map 2020-03 on approximately 661 acres; and WHEREAS, the Specific Plan proposes a mix of uses consisting of low-, medium- and highdensity residential uses, commercial uses, office uses, and public spaces for schools, parks and recreational areas. The project would include approximately 10,800 residential units, approximately 2.1 million square feet of commercial and office space, approximately 164 acres of parks and recreational area, and approximately 55 acres of schools and other public facilities; and
WHEREAS, because the Specific Plan area currently has a Village Reserve land use designation on the majority of the site, a General Plan amendment is needed to create a Specific Plan land use category that would be applied to the entire proposed Specific Plan Area; and WHEREAS, City services can be reasonably extended to the Specific Plan area; and WHEREAS, approval of Specific Plan 2017-01 would require approval of General Plan Amendment 2017-02, Specific Plan 2017-01 (adopting the Specific Plan), Pre-Zoning/ Rezoning 2017-05, Annexation No. 2022-01, and Zoning Ordinance Text Amendment 2022-01; and WHEREAS, a proposal has been made requesting amendments to the Madera General Plan, as shown in the attached Exhibit A; and
WHEREAS, the requested General Plan Amendment 2017-02 consists of amendments to the City of Madera General Plan. The amendment would modify policies in the Land Use Element related to “Village D: Northwest Madera” to allow for consistency between the General Plan and the proposed Specific Plan. In addition, the City’s General Plan would be amended to create a Specific Plan land use category that would be applied to the proposed Specific Plan Area (see Figure 3 in attached Exhibit A). Further, the General Plan would be amended to remove the requirement that residential development shall conform to the “target density” requirement for each land use category (density requirements will be governed by given density range). The General Plan Amendment would also remove the requirement for a permanent agricultural buffer on the western edge of the Specific Plan Area; and WHEREAS, the proposed General Plan Amendment, along with the related Text Amendment, Specific Plan, Prezone/Rezone, will provide the required consistency between the General Plan and Zoning Ordinance; and
WHEREAS, the proposed General Plan Amendment is compatible with the neighborhood and not expected to be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or the City; and
WHEREAS, the City of Madera, acting as the Lead Agency, prepared an Environmental Impact Report (EIR) (SCH #2018081051) for the Specific Plan, and this related General Plan Amendment; and the project is in compliance with the California Environmental Quality Act (CEQA); and
WHEREAS, the EIR, the Specific Plan, and the related General Plan Amendment, Prezone/Rezone and Text Amendment and related entitlements were distributed for public review and comment to various local agencies and groups, and public notice of this public hearing was given by mailed and published notice, in accordance with the applicable State and Municipal Codes and standard practices; and
WHEREAS, the Planning Commission has considered this matter and has recommended that the City Council adopt General Plan Amendment 2017-02 per Resolution 1913; and WHEREAS, the City Council has completed its review of all items before it, and considered any testimony provided during the public hearing process, and now desires to adopt General Plan Amendment 2017-02 (GPA 2017-02).

NOW THEREFORE, be it resolved by the City Council of the City of Madera as follows:

1. Recitals: The above recitals are true and correct and incorporated herein by reference.

2. CEQA: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed Project and has prepared an environmental impact report (“EIR”) to evaluate the environmental effects of the Project. The City Council has fully considered the EIR, and has certified it concurrently with the approval of this Resolution. The EIR identified that implementation of the proposed Project would require certain approvals, including approval of the General Plan amendment. This General Plan amendment was included within the scope of the Project, and was environmentally assessed in the EIR. The General Plan amendment does not change the environmental assessment of the EIR. The City Council finds that the Project is consistent with, and has been fully assessed by the EIR, and that this General Plan amendment is specifically anticipated in the EIR and is consistent with the purpose and intent of the EIR. As such, no further action is required by CEQA.

3. General Plan Findings: The City Council finds that the General Plan Amendment 2017-02 is consistent with the General Plan goals, policies and objectives. The City Council further finds that General Plan Amendment 2017-02 is consistent with the General Plan goals and policies. The project does not adversely affect the implementation of the General Plan with respect to surrounding properties. The proposed amendment essentially consists of minor updates to the General Plan to allow for a Specific Plan land use category that would be applied to the Specific Plan Area, removal of the requirement that residential development shall conform to the “target density” requirement for each land use category to allow for additional flexibility, removal of the requirement for a permanent agricultural buffer on the western edge of the Specific Plan Area. These changes will assist in the implementation of the goals, objectives, and policies of the General Plan regarding provision of housing and promote future residential growth. Ensuring viable development would also assist with the implementation of the Housing Element goals and policies in providing opportunity sites for necessary housing, including goal H1, as well Goal SUS-1, Policies SUS-11, SUS-13, and SUS 15 of the General Plan regarding development of commercial opportunities and businesses to sustain jobs and local economic viability. The proposed amendment would support the City’s efforts to meet the Regional Housing Need Allocation (RHNA) as directed by the State of California Department of Housing and Community Development and as required by the City’s Housing Element of the General Plan.

All the planned uses and proposed modifications are consistent with the General Plan policies and objectives and as such the proposed amendment would continue to implement the General Plan policies. Approval of GPA 2017-02 is in the public interest.

4. Public Health, Safety, and Welfare: The City Council finds that approval of General Plan Amendment 2017-02 is in the best interest of the City, and is not detrimental to public health, safety, or welfare.

5. Approval of GPA 2017-02: Given that all of the findings can be made, the City Council approves General Plan Amendment 2017-02, as set forth in Exhibit A, which amends the General Plan text and the General Plan land use designations for the project site.

6. Effective Date: This resolution is effective upon adoption. * * * * *
Exhibit A: General Plan Amendment (GPA 2017-02): Land Use Map and General Plan Amendments
EXHIBIT ‘A’
General Plan Amendment 2017-02: Land Use Map and General Plan Amendments General Plan Land Use Designation – Prior
:lfllllll il.Lu,fAlmond Grove Specfic Plan (Project Area) L.J City Limits
General Plan Land Use Designation (Current}
D Industrial
D Low Density Residential
- Open Space
General Plan Land Use Designation – New
0 12S O 2
41 llllt
: - Almond Grove Specfic Plan (Project Area)
'Ej' City Limits
General Plan Land Use Designation (Current)
D Industrial
Low Density Residential
◊p n Space
- Other Public & Semi-Public Uses
General Plan Text Amendments
City of Madera
General Plan
Land Use Map
o ~-
c:J,,. .... -.-
,, __
---...- ---
,;.,,_,_
,__U_Oo...,_...
-
~
·-
O,C-:,,
.-.o ·..., .... -.-
lO•U.O~~- 1:1 - ---- M) ... q--- ----- Q.----- ... ~·-- __ Ciiilllllc __ ___ --
·
--· .. --
TfllJ (11.Y C,, ....... ,. Pl• Llll'IIIIVM
liloiplolMl'Mly l doj)l .. on __ _
111•~<.:ll)'<.:Ou!WI Mit1,No,_~
"-~=---- .!..O-:.~ .. caya.111
O•d:

CMttol)ht, Boylt. Pl.llllllno M-o• o.~~i~~~=--~•w
=::.."':i.·~~=:.~-
_, .. _,.N,,,_ ..... ,t, ,... __ ,,.,.,_,...,...., -$«1-•» .. ,_,.,. __ I
FIGURE LU-2: LAND USE MAP
use Designation to "Specific I
'---..r]Plan Area. Villages at Almondl
Grove•

LAND USE ELEMENT
CITY OF MADERA GENERAL PLAN ( OCTOBER 7, 2009
..
' See Policy LU-13.

LAND USE ELEMENT
Where a density range is specified for residential development, developments shall provide at least the minimum density and shall not exceed the maximum density except as provided for in any applicable density bonus provision.

Rosidontial Qe,,olopFAent isRall sania~ to tAe '"la~ot Density" FoquireAllont fer ea eh loAd 1:me eetegeP). Be,ele~n~1eAt deAsity ftt\,elliAg ttAits r,er sere, 8 9 ealettlotee ttSiAg tta.e SEUftC fftetheEfelegy 8 9 eeseAbed iA Peliey LU 6), s~all l:Je at or above tRe Target QeAsity 1::1Rless eAe er FflOFe of tl:le felloi.,.iiAg fiAeJiAgs e&A be ftl&de:
• Spceffie Mafftetcri9ties et tfle 3ite fffo68ing, topegfflphy, p,eteetet"t hobitot ereos, oiF13eFt JtFBMifftity, ete.) eeAAet be bt:tilt eA enel redttee the e~elepR,eAt 13etentiol helew tta.e Te,get Bensity.
... Oevelepr¥teAt et u,e ffFget BeAsity \\Bt.dd fCSttlt iA tlAOeeepteble iM poets te reedwo~s er ether iAffostAJeturre er tta.e eMeeedeAee ef eAy City e8e19ted ThresholEf Stondofds.•
... Oevelepr¥teAt •nos liMitee hy e De,elepn~eAt AgFeemeAt, \CestiAg leAtatiYe 1=,eet Mop, er ether City aJ3preveft pion er agree,ueAt eMist iAg BefoFe OeteBer 1, 2009.

Target Density re(1ttireA ,eAts shall aJ3ply ts aU laA8 \\kieh was paFt ef a pa reel ef et least ten (19) seres iA si2e en er after OeteBer 1, 2999. - CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009
.. LAND USE ELEMENT

IMPLEMENTATION POLICIES
Zoning shall be consistent with General Plan land use designations. In areas where the zoning and the land use designation are not identical, Table LU-A shall be used to determine consistency for rezoning applications.

TABLE LU-A: GENERAL PLAN/ZONING CONSISTENCY
General Plan Land Use Category Consistent Zoning Districts Very Low Denstty Residential
Low Denstty Residential
Medium Densfy Residential
High Densfy Residential
Village Reserve
Village Mixed Use
Commercial
Office
Industrial
Specific Plan Area
Residential categories
UR,U
RA, R-1 , PD-4500, PD-6000, PD-8000, PD-12000
R-2, PD-4500, PD-3000
R-3, PD-2000, P0-1 500
Village Categories
All Districts
C-R, C-N, C-1, C-2, C-H, PO, PD Zones
Commercial categooes
Industrial Categories
Specific Plan Area
C-R, C-N, C-1, C-2, C-H
PO
l, IP
All Districts, SP
--CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009
.. LAN D USE ELEME NT
submitting either type of plan must include a list of all affected owners and their property(ies) and must show how their participation was sought.
• In some Village areas (as mapped and defined in this Land Use Element), the Village Reserve designation applies only to a portion of the Village. In this case, the process outlined below is required only for the Village Reserve areas, not to the entire Village. However, submitting plans that cover the entire Village is permitted.

In some Village Reserve areas, a Village Center is not required. See the detailed policies for the affected Village area (later in this land Use Element) for further information.

In addition to the required plans, maps, reports, etc., the City may at its discretion require other ttems as needed to address issues in any particular Village. These may include additional environmental analysis, traffic studies, biological studies, noise studies, etc.

Action Item LU-34.1
Establish and make available procedural guidelines detailing the three step village reserve planning process.

Figure LU-3 depicts the Village and District areas as defined by the City of Madera. This map shall be used to implement other policies in this General Plan which refer to villages and village centers. Although shown as defined lines, the exact boundaries of a village may be adjusted at the Cii y's discretion to reflect conditions on the ground, ownership boundaries, or other conditions. Such a change shall not be considered an amenanent to this General Plan.

Note to the Reader: The policies on the pages following Figure LU-3 address individual Villages and Districts.

After the establishment of the Specific Plan for Village Reserve areas, the Specific Plan Area land use may be adopted in place of the e-xisting land use designation through a General Plan Amendment. The area should be named "Specific Plan Area" with a number or the name of the project appended after (eg., Specific Plan Area - Villages at Almond Grove). - CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009
LAND USE ELEMENT ..
• IR eoftjt:rndioR oith tillage aRd fleighbofheod p~RRing, a flled'iaflism shell be esteblisheEt ,.+iieh ereetes e peFMeneAt egrietdturel bttffer where lie westeFl,i edge ef lie Village el3ttts the CRM'th BettAdory. +Ais bttffer shell e, eFBge et least 400' iA der3tfi, wit-A e ftliAimuftl der3th ef 2§9', &Ad fftttst rttA eeAtiAtteusly eleAg ,, estefty edge ef tt,e \<illege.

PJe habitable strtJel ures ere ta be leeeted ,,ithiA ~is buffer, el~eugh ff&ssive reeireelieAel eppoFtttAities (suel=i es lfeils anEi eeA1fflUAit) gar eleAs3 Mey be elle1J.,e8. AlteffletiYe Mett,e8s eAd designs te esteblish ltile buffer fMY be prepesed, enel iAeluEliAg pleeiAg ttiie bttffer eA either side ef lie Cre,Jtlt Beundef)'. Ph~sieel mainteneAee ef lie bttffer shell he pF8Yi8ed eeAsistent with the design eAd fi:tnetion ef Ute sr3eee. • The Village core area shall provide for an iniegrated m'ix of uses, including park and open space uses, along the river. • Future development along the Fresno River should be designed to take advantage of the river frontage, including orienting development to front the river wh ere not otherwise prohibited by site conditions. • Village and neighborhood planning shall provide for the alignment of the designated alte<ialcollector which runs through the Village east and west !(;levelaml-Avenooj, to bend to the south to provide circulation to the proposed village core located along the Fresno River.
• All development proposals within Village D shall comply with the provisions of the Airport Land Use Master Plan. The establishment of land use designations at the village and neighborhood levels, as well as the layouts of individual projects, shall reflect the allowable uses and densities in the Airport Land Use Master Plan.

CITY OF MADERA GENERAL PLAN I OCTOBER 7, 2009 --
LAND USE ELEMENT ..

SPECIFIC PLAN AREA CATEGORIES AND POLICIES
The following is the City's specific plan area land use category:

Madera City CouncilApril 20, 2022

Madera City Council
April 20, 2022