Agenda packet, regular meeting — Madera City Council, May 4, 2022 (part 1 of 5)

Update 4/28/2022 at 9:30 p.m. Madera City Council Agenda Page 1 of 5 May 4, 2022

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

NOTICE AND AGENDA
Wednesday, May 4, 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: 829 9274 2453. 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: Joyce Lane, Glory of Zion Ministry
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 4/28/2022 at 9:30 p.m. Madera City Council Agenda Page 2 of 5 May 4, 2022
PRESENTATIONS:

1. Proclamation Recognizing Letter Carrier’s Stamp Out Hunger Food Drive Day

2. Proclamation Recognizing May as CASA Awareness Month 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 – November 17, 2021
Recommendation: Approve the City Council Minutes of November 17, 2021 B-2 Informational Report on Register of Audited Demands for April 9, 2022 to April 22, 2022 Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-4 Madera Americans with Disabilities Act (ADA) Advisory Council Bylaws Recommendation: Adopt a resolution amending the Madera ADA Advisory Council Bylaws (Report by Wendy Silva)
B-5 Porsche Club of America Autocross Events at the Municipal Airport Recommendation: Adopt a Resolution Approving a Permit for the Use of Designated Areas at the Municipal Airport for use by the Porsche Club of America Autocross at a rate $350 per event during 2022-2023 (Report by Daniel Foss) B-6 Amendment No. 4 to CA Pacific Investments, LLC Lease Agreement Recommendation: Adopt a Resolution Approving Amendment No. 4 to Lease Agreement between the City and CA Pacific Investments, LLC relating to lease financing (Report by Daniel Foss)
B-7 Actions Relating to Pecan Square Subdivision (Tract No. 20-S-02): Final Map for Pecan Square Subdivision (Tract No. 20-S-02) and Improvement Agreement Recommendation: Staff recommends that the Council
1) Adopt Resolution:
a. Approving the Final Map for the Pecan Square Subdivision; and b. Approving Improvement Agreement for the Pecan Square Subdivision (Tract No. 20-S-02); and
c. Authorizing staff to record the Final Map and Agreement for the Construction of Improvements for the Pecan Square Subdivision (Tract No. 20-S-02); and d. Accepting the Dedication of Land for Public Use (Report by Keith Helmuth) Update 4/28/2022 at 9:30 p.m. Madera City Council Agenda Page 3 of 5 May 4, 2022
B-8 Written request submitted by Madera High School to assist in an educational program titled “Every 15 Minutes”
Recommendation: Adopt a Resolution Waiving the Fees and Costs for necessary permitting and Police and Public Works Services in the amount of $1040 (Report by Dino Lawson)
B-9 Villages at Almond Grove Specific Plan: Specific Plan (SP) No. 2017-01 (Adopting the Villages at Almond Grove Specific Plan); Pre-zone/Rezone (REZ) No. 2017-05; Zoning Ordinance/Madera Municipal Code Amendment (OTA) No. 2022-01; and Annexation (ANX) No. 2022-01
Recommendation:
1) Adopt 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 second full reading; and
2) Adopt 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 second full reading; and
3) Adopt 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 – 20 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 second full reading; and
4) Adopt a Resolution initiating annexation of the Villages at Almond Grove Specific Plan area (Annexation No. 22-01) (Report by Gary Conte)
B-10 Appointments to the Planning Commission
Recommendation: Adopt a Resolution Approving the Appointment of Jose Chavez Garcia and Saim Mohammad to the Planning Commission (Report by Gary Conte) B-11 Appointments to the Americans with Disabilities Act (ADA) Advisory Council Recommendation: Adopt a Resolution Approving the Appointment of DJ Becker and Saim Mohammad to the Americans with Disabilities Act (ADA) Advisory (Report by Wendy Silva)
B-12 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 Acceptance for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Acceptance of Subdivision Improvements; and Update 4/28/2022 at 9:30 p.m. Madera City Council Agenda Page 4 of 5 May 4, 2022
4) Rescinding Resolution 22-51 (Report by Keith Helmuth) B-13 Acceptance of 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 Acceptance for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Acceptance of Subdivision Improvements; and 4) Rescinding Resolution 22-52 (Report by Keith Helmuth) B-14 Consideration of a Resolution Approving a Date for Prop 218 Public Hearing for Water, Sewer, Storm Drainage and Solid Waste Rate Increases
Recommendation: Adopt a Resolution Amending the date set in Resolution No. 22-43 for Conducting the Proposition 218 Public Hearing for Proposed Water, Sewer, Storm Drainage and Solid Waste Rate Increases(Report by Anthony Forestiere)
B-15 Letter of Support for 2022 Multimodal Project Discretionary Grant (MPDG) Application:

Madera High-Speed Rail Station Project
Recommendation: Approve a Minute Order Approving Letter of Support for Grant Application for the 2022 Multimodal Project Discretionary Grant (MPDG) Application:

Madera High-Speed Rail Station Project (Report by Arnoldo Rodriguez) C. PUBLIC HEARINGS:

C-1 Appeal of the Planning Commission approval of the Amond World Cold Storage Warehouse Site Plan Review (SPR 2021-41) and adoption of a Mitigated Negative Declaration (ENV 2021- 61)
Recommendation: Hold a public hearing and make the necessary findings, and take the following actions:
1) Adopt a Resolution of the City Council of the City of Madera denying the appeal of, and affirming the decision of, the Planning Commission’s approval of Site Plan Review 2021- 41 (SPR 2021-41) as conditioned, and mitigated negative declaration (ENV 2021-61), subject to mitigation measures (Amond World Cold Storage Warehouse Project) (Report by Gary Conte)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS:

E-1 Appointment of an Ad-Hoc Committee to Negotiate a Tax Sharing Agreement between the City and the County of Madera
Recommendation: Appoint Councilmembers to serve on the Ad-Hoc Committee (Report by Arnoldo Rodriguez)
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) Update 4/28/2022 at 9:30 p.m. Madera City Council Agenda Page 5 of 5 May 4, 2022
to initiate future agenda items., and (iv) to take action on matters initiated under this section of the agenda. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Anticipated Litigation: Initiation of Litigation Pursuant to Section 54956.9(d)(4): One case
G-2 Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Section 54956.9(d)(2): One case - Madera Police Officer’s Association G-3 Conference with Labor Negotiator Pursuant to Section 54957.6 Agency Designated Representatives: Arnoldo Rodriguez, Wendy Silva, and Anthony Forestiere Employee Organization: Madera Police Officers’ Association ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, May 18, 2022
 Wednesday, June 1, 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 May 4, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 9:30 p.m. on April 28, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 1 of 8

Minutes of a Regular Meeting of the Madera City Council November 17, 2021 Council Chambers
6:00 p.m. City Hall
The Council Chambers was open to the public. This meeting was also available for public viewing and participation through Zoom. Members of the public were also able observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public were able to comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 844 4631 9057#. Comments were also accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

The City observed the Madera County Public Health Department physical distancing recommendations.

This may have limited seating in the Council Chamber; however, the City had seating available in the foyer.

All persons visiting City facilities shall observe health and safety protocols.

CALL TO ORDER: The 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 Anita Evans, District 4

Absent: Councilmember Steve Montes, District 3
Vacant, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Chief Building Official Steve Woodworth, City Engineer Keith Helmuth, Interim Director of Financial Services Anthony Forestiere, Fire Division Chief Matt Watson, Director of Human Resources Wendy Silva, Information Services Manager Mark Souders, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Works Director Dan Foss, Grants Program Manager David Huff and Communication Specialist Joseph Carrello.

INVOCATION: Pastor Sammie Neely, Mt. Zion Missionary Baptist Church PLEDGE OF ALLEGIANCE: City Clerk Alicia Gonzales
Item: B-1
Minutes for: 11/17/2021
Adopted: 05/04/2022
City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 2 of 8
APPROVAL OF AGENDA:

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

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

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 Department)

2. Proclamation Recognizing the Second Missionary Baptist Church 100th Anniversary

3. Proclamation Recognizing Building Trades Apprenticeship Day INTRODUCTIONS: None
A. WORKSHOP:

A-1 Retails Sales Tax Update (Report by Anthony Forestiere) Khalid Chaudry stated they should be thanked for spending money in Madera. Councilmember Rodriguez thanked him for spending money here.

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 City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 3 of 8
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.

No Public Comment was presented. Public Comment was closed.

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

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
B-1 Minutes – July 7, 2021
Recommendation: Approve the City Council Minutes of July 7, 2021 B-2 Informational Report on Register of Audited Demands for Oct. 23, 2021 to Nov. 5, 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 Accepting a Portion of the Improvements Required to be Installed in Connection with Varbella Estates II Subdivision
Recommendation: Adopt a Resolution

1) Accepting a Portion of the Improvements for Varbella Estates II Subdivision; and 2) Authorizing the Filing of the Notice of Acceptance for Said Subdivision Improvements; and 3) Authorizing staff to record the Notice of Acceptance of Subdivision Improvements (Report by Keith Helmuth)
RES 21-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING A PORTION OF THE IMPROVEMENTS

REQUIRED TO BE INSTALLED IN CONNECTION WITH VARBELLA ESTATES

II SUBDIVISION, AND AUTHORIZING THE FILINGOF A NOTICEOF PARTIAL

ACCEPTANCE FOR SUCH IMPROVEMENTS
B-5 Modification of Assigned Salary Ranges for Professional Civil Engineers Recommendation: Adopt a Resolution Modifying the Assigned Salary Ranges for the Classifications of Assistant Engineer, Associate Civil Engineer, Senior Civil City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 4 of 8
Engineer, Deputy City Engineer, and City Engineer (Report by Wendy Silva)
RES 21-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

MODIFYING THE ASSIGNED SALARY RANGE FOR CERTAIN

CLASSIFICATIONS
B-6 Side Letter Agreements with the Mid Management Employee Group and Law Enforcement Mid Management
Recommendation: Adopt a Resolution Approving Side Letter Agreements with the Mid Management Employee Group and Law Enforcement Mid Management Group to change Current Pay Reported to the California Public Employees’ Retirement System from Longevity Pay to Scheduled Compensation Retroactive to January 1, 2018 (Report by Wendy Silva) RES 21-163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

SIDE LETTER AGREEMENTS WITH THE MID MANAGEMENT EMPLOYEE

GROUP AND LAW ENFORCEMENT MID MANAGEMENT GROUP

CHANGING LONGEVITY PAY TO SCHEDULED COMPENSATION FOR
CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM REPORTING

PURPOSES
C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Cannabis Business Permits - Consideration of Number of Cannabis Business Permits, Procedure Guidelines and Review Criteria, and Fees
Recommendation: Adopt Resolutions
1) Determining the Number and Type of Cannabis Business Permits that may be Issued in the City; and
2) Establishing Fees for Cannabis Business Permits; and 3) Establishing Procedure Guidelines and Review Criteria to Govern the Application and Selection Process for Various Types of Cannabis Business Permits (Report by Arnoldo Rodriguez)
Khalid Chaudry asked what HdL is charging for. City Manager Arnoldo Rodriguez stated the HdL fee is $59,000 for reviewing applications. Some applications will take more time to review.

The application fee is approximately $10,500 per application.

Rico Saldivar who was representing a potential future cannabis business asked that Council reconsider the number of permits and licenses and even them out from 6 and 2 into 4 and 4.

City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 5 of 8
Khalid Chaudry asked why there are 150 questions on the application. He stated he didn’t understand the HdL fee as they are just reviewing and pushing paper.

George Deleija who was representing a potential future cannabis businessstated he would like to see more representation of minorities and people of color. He would like the number of permits and licenses to change to have both be even numbers.

Roman Gonzales stated he is looking forward to growing and revitalizing the downtown area.

He is excited that they are going to move forward with this item today. They want to keep the sales dollars here.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-1 FAILED BY A 3/2 VOTE. NOES: MAYOR GARCIA AND MAYOR PRO TEM VILLEGAS. ABSENT: COUNCILMEMBER MONTES AND DISTRICT 5 IS CURRENTLY VACANT.

ABSTAIN: NONE.

THE MOTION FAILED WITH THE FOLLOWING VOTE:

YES: 3 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS
NO: 2 - MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
Councilmembers concurred that this item be brought back at the next agenda for consideration by the full Council.

D-2 Revisions to the Civil Service Commission Composition and Appointment Process Recommendation: Introduce an Ordinance Amending §2-2.303 of Title II of the Madera Municipal Code Relating to Number of Commissioners and Method for Making Appointments to Civil Service Commission (Report by Wendy Silva)
Ramon Lopez stated that when he read the resolution, he did not like it much as the Mayor has been given all the authority. He wants to make sure they share the power.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-2 WAS APPROVED BY A 4/1 VOTE. NOES: COUNCILMEMBER GALLEGOS.

ABSENT: COUNCILMEMBER MONTES AND DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 6 of 8
NO: 1 - COUNCILMEMBER GALLEGOS
D-3 Authorized Terms and Conditions for Employment Agreements of Unrepresented Department Head Positions
Recommendation: Adopt a Resolution
1) Approving the Standard Terms and Conditions for Employment Agreements of Unrepresented Department Head Positions; and
2) Authorizing the City Manager to Execute Individual At-will Employment Agreements within the Parameters of the Standard Terms and Conditions; and 3) Authorizing the Director of Financial Services to Designate and Classify Reserves from the General Fund Unassigned Fund Balance into the Assigned Classification for the One-time Lump Sum Payments (Report by Arnoldo Rodriguez) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-3 WAS APPROVED BY A 4/1 VOTE. NOES: COUNCILMEMBER RODRIGUEZ. ABSENT:

COUNCILMEMBER MONTES AND DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
NO: 1 - COUNCILMEMBER RODRIGUEZ
RES 21-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING STANDARD TERMS AND CONDITIONS FOR EMPLOYMENT

AGREEMENTS OF UNREPRESENTED DEPARTMENT HEAD POSITIONS
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.

City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 7 of 8
Councilmember Gallegos mentioned that she is a member of the Madera Evening Lions and shouted out the upcoming Downtown Christmas Light Parade on December 2nd and she also mentioned the Madera Rotary Trees for Charity event taking place on December 4th.

Councilmember Rodriguez had nothing to report.

Councilmember Evans thanked all those who have served our country and all those who came out to honor the Veterans last week. She mentioned she would be participating in and is excited for the Christmas Light Parade. She extended a Happy Thanksgiving to all.

Mayor Pro Tem Villegasstated he attended the Veterans Day services and thanked those in his family who served for the country. He wished everyone a Happy Thanksgiving.

Mayor Garcia echoed the comments of his colleagues regarding the Christmas Light Parade. He mentioned that the ceremony will take place on November 19th where families will receive keys to their new homes thanks to the partnership between the City and Habitat for Humanity.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation - Pursuant to Government Code §54956.9(d)(2)
Workers’ Compensation: Manuel Macias – One (1) claim
G-2 Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section §54956.9(d)(2) Potential litigation resulting from eviction proceedings by City against Jeffrey Streeter G-3 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez, Wendy Silva, and Anthony Forestiere Employee Group: Madera Police Officers’ Association
City Attorney made the closed session announcement at 7:30 p.m.

Council returned from closed session at 8:15 p.m. with five (5) Councilmembers present as Councilmember Montes is absent and District 5 is currently vacant.

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

ADJOURNMENT: The meeting was adjourned at 8:16 p.m. Next regular meeting on December 1, 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.

City of Madera City Council Minutes
205 W. 4th Street November 17, 2021
Madera, CA 93637 Page 8 of 8

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 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 April 9, 2022 to April 22, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of April 9, 2022 to April 22, 2022 is contained in the attachment and summarized in the following tables.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 32555 – 32669 $1,899,864.99
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $584,345.13
SDI EDD $2,506.93
CalPERS Payment CalPERS $122,569.15
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 32555 04/11/2022 PW ADMIN STREETS VALDEZ, JAVIER REIMBURSEMENT ‐ CDL RENEWAL 50.00 $ 32556 04/11/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES ‐ FINANCIAL SERVICES MANAGER 1,662.84 $ 32556 04/11/2022 FINANCE FINANCE ACRO SERVICE CORPORATION TEMP SERVICES ‐ PAYROLL SPECIALIST 289.59 $ 32556 04/11/2022 PLANNING PLANNING ACRO SERVICE CORPORATION TEMP SERVICES ‐ PLANNING 8,345.60 $ 32557 04/11/2022 PW ADMIN FACILITIES MAINT PIERCE CRANE INC CRANE RENTAL ‐ STREET LIGHT POLE 756.25 $ 32558 04/11/2022 PD OPS PD OPS DUNN, JACOB PER DIEM ‐ BATI SCHOOL 339.25 $ 32559 04/11/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 87.96 $ 32560 04/11/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 1,161.6532561 04/11/2022 FLEET MAINT FLEET MAINT HERITAGE‐CRYSTAL CLEAN, INC. PARTS WASHER SERVICE 1,004.03 $32562 04/11/2022 PW ADMIN WWTP GALLEGOS, PETER WASTEWATER TREATMENT CERT REVIEW REIMB 79.67 $ 32563 04/11/2022 CODE ENF CODE ENF DIEBERTS CREATIVE COPY INC CODE ENFORCEMENT STICKERS 186.83 $ 32564 04/11/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 928.00 $ 32565 04/11/2022 PARKS PARKING DIST OPS ELITE MAINTENANCE AND TREE SERVICE 03/22 MEDIAN MAINTENANCE‐GROUP #1 455.00 $ 32565 04/11/2022 PARKS PARKS ELITE MAINTENANCE AND TREE SERVICE 03/22 MEDIAN MAINTENANCE‐GROUP #2 5,070.00 $ 32565 04/11/2022 PARKS MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE 03/22 MEDIAN MAINTENANCE‐GROUP #3 11,215.00 $ 32566 04/11/2022 PD OPS PD OPS LAW DOG K9 BOARD & CARE ‐ RIGGO 300.00 $ 32566 04/11/2022 PD OPS PD OPS LAW DOG K9 BOARD & CARE ‐ GOOSE 300.00 $ 32566 04/11/2022 PD OPS PD OPS LAW DOG K9 K9 VENDOR TRAINING 300.00 $ 32567 04/11/2022 PD OPS PD OPS RODRIGUEZ REUBEN CODE ENFORCEMENT MODULE 1 MEAL REIMB 63.80 $ 32568 04/11/2022 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES 177.53 $ 32569 04/11/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,140.00 $ 32569 04/11/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 340.00 $ 32570 04/11/2022 PD OPS PD OPS AT&T 03/22 CALNET 3 SERVICE 9391064552 307.40 $ 32571 04/11/2022 FINANCE AIRPORT OPS ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 22.84 $32571 04/11/2022 FINANCE CENTRAL ADMIN ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 100.56 $32571 04/11/2022 FINANCE ENGINEERING ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 25.08 $32571 04/11/2022 FINANCE FACILITIES MAINT ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 418.04 $32571 04/11/2022 FINANCE FLEET MAINT ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 152.80 $32571 04/11/2022 FINANCE PARKS ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 272.88 $32571 04/11/2022 FINANCE STREETS ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 672.81 $32571 04/11/2022 FINANCE SEWER OPS ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 320.01 $ 32571 04/11/2022 FINANCE UB ‐ WATER ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 12.32 $32571 04/11/2022 FINANCE WATER OPS ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 200.40 $32571 04/11/2022 FINANCE WATER QUALITY ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 96.58 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT May 4, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32571 04/11/2022 FINANCE WWTP ARAMARK UNIFORM SERVICES 03/22 UNIFORM SERVICES 386.51 $32572 04/11/2022 FINANCE GENERAL FUND DIVISION OF THE STATE ARCHITECT SB DSA 796 QTR 3 FY 21/22 79.60 $32573 04/11/2022 FINANCE BUILDING DEPARTMENT OF CONSERVATION 3RD QTR 21/22 SMIP FEE REPORTING (113.90) $ 32573 04/11/2022 FINANCE GENERAL FUND DEPARTMENT OF CONSERVATION 3RD QTR 21/22 SMIP FEE REPORTING 2,278.18 $ 32574 04/11/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 789.65 $ 32575 04/11/2022 UB ‐ WATER UB ‐ GARBAGE CORELOGIC INFORMATION SOLUTIONS INC METRO SCAN SERVICES 03/22 37.50 $ 32575 04/11/2022 UB ‐ WATER UB ‐ SEWER CORELOGIC INFORMATION SOLUTIONS INC METRO SCAN SERVICES 03/22 37.50 $ 32575 04/11/2022 UB ‐ WATER UB ‐ WATER CORELOGIC INFORMATION SOLUTIONS INC METRO SCAN SERVICES 03/22 75.00 $ 32575 04/11/2022 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 03/22 175.00 $ 32576 04/11/2022 UB ‐ WATER FINANCE DATAPROSE, LLC WATER BOARD CREDIT NOTICE 826.26 $ 32576 04/11/2022 UB ‐ WATER SOLID WASTE DATAPROSE, LLC ANNUAL CURBSIDE CLEAN UP ZONE 3 3,296.58 $ 32576 04/11/2022 UB ‐ WATER UB ‐ GARBAGE DATAPROSE, LLC 03/22 BILLING 2,262.98 $ 32576 04/11/2022 UB ‐ WATER UB ‐ GARBAGE DATAPROSE, LLC 04/22 NEWSLETTER 295.79 $32576 04/11/2022 UB ‐ WATER UB ‐ SEWER DATAPROSE, LLC 03/22 BILLING 2,262.99 $32576 04/11/2022 UB ‐ WATER UB ‐ SEWER DATAPROSE, LLC 04/22 NEWSLETTER 295.79 $32576 04/11/2022 UB ‐ WATER UB ‐ WATER DATAPROSE, LLC 03/22 BILLING 4,525.98 $32576 04/11/2022 UB ‐ WATER UB ‐ WATER DATAPROSE, LLC 04/22 NEWSLETTER 591.59 $32577 04/11/2022 FIRE MEAS K ‐ FIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ FD #58 35.00 $ 32577 04/11/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANIST 05/22 80.00 $ 32577 04/11/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANSIT 01/22 80.00 $ 32577 04/11/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ JWYC 05/22‐07/22 336.00 $ 32577 04/11/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ PAC 05/22 36.00 $ 32578 04/11/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 03/16/22‐03/31/22 14,400.00 $ 32579 04/11/2022 FINANCE MEAS K ‐ FIRE FRASER & ASSOC REDEVELOPMENT & FINANCIAL CONSULTING 2,200.00 $ 32579 04/11/2022 FINANCE PAYROLL CLEARING FRASER & ASSOC REDEVELOPMENT & FINANCIAL CONSULTING 3,300.00 $32580 04/11/2022 PD OPS MEAS K ‐ PD FRESNO CITY COLLEGE REGISTRATION FEE ‐ FIELD TRAINING OFFICER 399.00 $ 32581 04/11/2022 PW ADMIN FACILITIES MAINT GRAINGER, INC. BATTERY TESTER 207.24 $32582 04/11/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 05/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 08/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 10/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 11/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 01/22 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 05/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 08/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 10/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 11/21 POWER SWEEPING 313.00 $ 32582 04/11/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 01/22 POWER SWEEPING 313.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32583 04/11/2022 PD OPS PD OPS J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT 5,025.60 $ 32583 04/11/2022 PD OPS PD OPS J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT ‐ 04/22‐06/22 5,025.60 $ 32584 04/11/2022 PARKS COMM & REC KRAZAN & ASSOCIATES, INC. ENV REVIEW ‐ WESTSIDE ACTIVITY CENTER 2,750.00 $ 32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA SMART IRR CONTROLLER REBATE ‐ 9921632 179.00 $ 32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA SMART IRR CONTROLLER REBATE ‐5670 149.98 $32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA SMART IRR CONTROLLER REBATE ‐ 9913518 107.00 $ 32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE ‐ 9924914 200.00 $32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE ‐ 9926455 41.76 $32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE ‐ 9924650 175.00 $32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9910800 99.00 $ 32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE ‐ 9921153 100.00 $32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA SMART IRRIGATION TIMER REBATE ‐ 8224196 50.00 $ 32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9907200 100.00 $ 32585 04/11/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9925978 100.00 $ 32586 04/11/2022 FINANCE MADERA DOWNTWN MADERA DOWNTOWN ASSOC. FY 21/22 QTR # 3 ASSESSMENTS 7,495.92 $ 32587 04/11/2022 FINANCE PAYROLL TRUST M P O A 01/22 MONTHLY DUES 6,885.44 $ 32588 04/11/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLICATION OF ORDINANCE ‐ 987 CS 1,163.50 $ 32588 04/11/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLIC NOTICE ‐ INTENT TO ADOPT ORDINANCE 377.00 $ 32588 04/11/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC NOTICE ‐ TORRES ND 240.50 $ 32588 04/11/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC NOTICE ‐ MILES MND 461.50 $32588 04/11/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE ‐ ALMOND WORLD 273.00 $32588 04/11/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING ‐ VILLAGES AT ALMOND GROVE 4,025.00 $32588 04/11/2022 PD OPS PD OPS MADERA TRIBUNE RECRUITMENT AD ‐ PUBLIC SAFETY DISPATCHER 60.80 $ 32589 04/11/2022 PARKS AQUATICS PROGRM MAMMOTH OXYGEN CO2 FOR POOL 348.99 $ 32590 04/11/2022 PD OPS PD OPS MENDOZA, CLAUDIA PER DIEM ‐ PC 832 LAWS OF ARREST 35.92 $ 32591 04/11/2022 PD OPS PD OPS METRO UNIFORM UNIFORM ACCESSORIES 850.83 $ 32592 04/11/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 04/22 411,759.41 $ 32593 04/11/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 415.67 $32593 04/11/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 1,450.74 $ 32593 04/11/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 1,670.08 $ 32593 04/11/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 861.01 $ 32593 04/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/22 SERVICE 7949615676‐5 17.54 $ 32593 04/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 5237156686‐1 37.51 $ 32593 04/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 4318089701‐9 19.46 $ 32593 04/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 3642526071‐2 58.01 $ 32593 04/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 8178280304‐3 79.12 $ 32593 04/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 26,413.74 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32593 04/11/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 03/22 SERVICE 2173157566‐4 1,153.65 $ 32593 04/11/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 1,143.26 $ 32593 04/11/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 1,062.45 $ 32593 04/11/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 205.22 $ 32593 04/11/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 2,263.96 $ 32593 04/11/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 1,878.26 $ 32593 04/11/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 147.84 $ 32593 04/11/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 44.00 $ 32593 04/11/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 9651992016‐7 145.45 $32593 04/11/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 81,817.67 $32593 04/11/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 122.65 $ 32593 04/11/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 10.69 $ 32593 04/11/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 29.96 $ 32593 04/11/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 20.64 $ 32593 04/11/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 10.81 $ 32593 04/11/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 52.67 $ 32593 04/11/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 40.30 $ 32593 04/11/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 29.96 $ 32593 04/11/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 10.91 $ 32593 04/11/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 62.60 $ 32593 04/11/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 10.95 $ 32593 04/11/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 64.46 $32593 04/11/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 22.33 $ 32593 04/11/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 03/22 SERVICE 3533032414‐2 112.78 $ 32594 04/11/2022 PD OPS PD OPS PROFORCE MISC EQUIPMENT 207.93 $ 32595 04/11/2022 PLANNING PLANNING PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 32,304.02 $ 32596 04/11/2022 PLANNING PLANNING QUAD‐KNOPF ENGINEERING PROFESSIONAL PLANNING SERVICES 2,767.00 $ 32597 04/11/2022 PLANNING PLANNING RINCON CONSULTANTS, INC. CONSULTING SERVICES 7,153.00 $ 32598 04/11/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS 471.25 $ 32599 04/11/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ MILLVIEW 400.00 $32600 04/11/2022 PARKS COMM & REC TK ELEVATOR CORPORATION YC ELEVATOR MAINTENANCE 294.84 $ 32601 04/11/2022 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 03/22 31.00 $ 32602 04/11/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS‐457 EE DEFERRED COMP CONTRIBUTIONS 26,143.53 $ 32603 04/11/2022 PARKS AQUATICS PROGRM WECO WELDING, PAINT, SUPPLIES & EQUIP CO2 FOR POOL 108.00 $ 32604 04/11/2022 FINANCE WATER FUND AR REFUNDS METER 10 DEPOSIT REFUND 1,700.00 $ 32604 04/11/2022 FINANCE WATER UTILITY AR REFUNDS METER 10 DEPOSIT REFUND (32.28) $ 32605 04/11/2022 FINANCE WATER FUND AR REFUNDS METER 29 DEPOSIT REFUND 1,700.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32605 04/11/2022 FINANCE WATER UTILITY AR REFUNDS METER 29 DEPOSIT REFUND (203.80) $ 32606 04/11/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARKS DEPOSIT REFUND ‐ LTC PAVILION 50.00 $32607 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 866 PAPAYA 208.32 $32608 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2922 MAPLE 130.97 $ 32609 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1717 W 4TH 120.95 $ 32610 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3029 GAMAY 84.42 $ 32611 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 3602 TAOS 48.59 $ 32612 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1562 ENCANTADA 49.37 $ 32613 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1591 ENCANTADA 48.59 $ 32614 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1597 ENCANTADA 43.10 $ 32615 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1577 ENCANTADA 48.59 $ 32616 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1568 ENCANTADA 130.36 $ 32617 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1571 ENCANTADA 23.51 $ 32618 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1564 MONTE VISTA 130.36 $ 32619 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 505 E RIVERSIDE 119.93 $ 32620 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB CREDIT REFUND 1117 DAVIS 163.27 $32621 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1531 PRINCETON 210.63 $ 32622 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 600 MAINBERRY 217.29 $32623 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 824 N LAKE 74.16 $32624 04/11/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 157.87 $ 32625 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1404 LA QUINTA 149.20 $ 32626 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 1114 WASHINGTON 1,456.16 $ 32627 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 190 RIVER POINTE 133.75 $32628 04/11/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 504 S K 45.71 $ 32629 04/12/2022 HR HR/RISK MGT SALLY SWANSON ARCHITECTS, INC. ADA CONSULTANT 6,490.50 $ 32630 04/12/2022 CITY CLERK CITY COUNCIL LEAGUE OF CALIFORNIA CITIES SSJVD 2022 MEMBERSHIP MEETING 150.00 $ 32631 04/14/2022 PD OPS PD OPS CORTEZ, FABELA PER DIEM‐ ADVANCE CODE ENF OFFICER ACADEMY 425.50 $ 32632 04/14/2022 PD OPS PD OPS MAHONEY, ROBERT PER DIEM ‐ BASIC SWAT ACADEMY 265.70 $ 32633 04/14/2022 PD OPS PD OPS MENDOZA, CLAUDIA PER DIEM‐ ADVANCE CODE ENF OFFICER ACADEMY 425.50 $ 32634 04/14/2022 PD OPS PD OPS PADILLA, RUTH PER DIEM‐ ADVANCE CODE ENF OFFICER ACADEMY 425.50 $ 32635 04/15/2022 FINANCE ENGINEERING ERIGIO, RAUL PAYROLL CHECK 1,169.53 $32636 04/18/2022 PW ADMIN WATER FUND THIRKETTLE CORPORATION ANNUAL TGB SUPPORT FEES 8,333.33 $32636 04/18/2022 PW ADMIN WATER OPS THIRKETTLE CORPORATION ANNUAL TGB SUPPORT FEES 1,666.67 $32637 04/18/2022 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 276.16 $ 32637 04/18/2022 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 3,224.32 $ 32637 04/18/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 5,626.09 $ 32637 04/18/2022 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 2,417.96 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32637 04/18/2022 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 217.25 $ 32637 04/18/2022 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 513.12 $ 32637 04/18/2022 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 672.81 $ 32637 04/18/2022 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 672.82 $ 32637 04/18/2022 PW ADMIN UB ‐ GARBAGE SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 217.26 $ 32637 04/18/2022 PW ADMIN UB ‐ SEWER SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 217.26 $ 32637 04/18/2022 PW ADMIN UB ‐ WATER SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 434.49 $ 32637 04/18/2022 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 206.73 $ 32637 04/18/2022 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 805.05 $ 32637 04/18/2022 PW ADMIN TRANSIT CENTER SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 1,627.13 $ 32637 04/18/2022 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN 04/22 JANITORIAL SERVICES 4,265.58 $ 32638 04/18/2022 FINANCE GOLF COURSE DEBT CALIFORNIA BANK & TRUST GOLF COURSE BOND PAYMENT 164,383.58 $32638 04/18/2022 FINANCE PD OPS CALIFORNIA BANK & TRUST COMMERCIAL LOAN PMT ACCT $ 62,488.7632639 04/18/2022 PW ADMIN AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 97.06 $ 32639 04/18/2022 PW ADMIN ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 374.35 $ 32639 04/18/2022 PW ADMIN BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 194.36 $ 32639 04/18/2022 PW ADMIN CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 567.35 $ 32639 04/18/2022 PW ADMIN DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 570.42 $ 32639 04/18/2022 PW ADMIN ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 171.81 $ 32639 04/18/2022 PW ADMIN FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 949.83 $ 32639 04/18/2022 PW ADMIN FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 383.76 $ 32639 04/18/2022 PW ADMIN FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 154.89 $ 32639 04/18/2022 PW ADMIN GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 974.30 $ 32639 04/18/2022 PW ADMIN LMD SERVICES VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 4.26 $ 32639 04/18/2022 PW ADMIN PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 3,223.03 $ 32639 04/18/2022 PW ADMIN STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 3,121.78 $ 32639 04/18/2022 PW ADMIN SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 1,881.18 $ 32639 04/18/2022 PW ADMIN STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 2,788.67 $ 32639 04/18/2022 PW ADMIN TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 2,585.67 $ 32639 04/18/2022 PW ADMIN TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 2,352.60 $ 32639 04/18/2022 PW ADMIN WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 2,923.22 $ 32639 04/18/2022 PW ADMIN WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 551.85 $32639 04/18/2022 PW ADMIN WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 110.10 $ 32639 04/18/2022 PW ADMIN PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 03/16/22 ‐ 03/31/22 8,515.55 $ 32640 04/18/2022 HR HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. HEALTH & WELFARE BENEFITS 3,750.00 $ 32641 04/18/2022 PW ADMIN COMM & REC TROY DUDLEY ‐ SUPERIOR STUCCO STUCCO REPAIR ‐ DRINKING FOUNTAINS 2,460.00 $ 32642 04/18/2022 PW ADMIN AIRPORT OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 54.26 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32642 04/18/2022 PW ADMIN DRAINAGE LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 162.79 $ 32642 04/18/2022 PW ADMIN FLEET MAINT LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 81.39 $ 32642 04/18/2022 PW ADMIN SEWER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 81.38 $ 32642 04/18/2022 PW ADMIN WATER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 162.79 $32642 04/18/2022 PW ADMIN WWTP LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 81.39 $ 32643 04/18/2022 PW ADMIN STREETS O&E TRANSPORTATION LLC RIVER CLEAN UP 11,920.00 $ 32644 04/18/2022 PD OPS PD OPS LOPEZ AMARICO TOWING SERVICES 250.00 $ 32645 04/18/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 75.00 $ 32646 04/18/2022 FINANCE BUILDING AT&T 03/22 CALNET 3 SERVICE 9391026390 62.25 $32646 04/18/2022 FINANCE BUILDING AT&T 03/22 CALNET 3 SERVICE 9391031559 20.05 $32646 04/18/2022 FINANCE BUILDING AT&T 03/22 CALNET 3 SERVICE 9391031577 25.03 $32646 04/18/2022 FINANCE CITY ATTORNEY AT&T 03/22 CALNET 3 SERVICE 9391026388 44.52 $ 32646 04/18/2022 FINANCE CITY ATTORNEY AT&T 03/22 CALNET 3 SERVICE 9391026390 17.75 $ 32646 04/18/2022 FINANCE CITY ATTORNEY AT&T 03/22 CALNET 3 SERVICE 9391031559 6.68 $ 32646 04/18/2022 FINANCE CITY ATTORNEY AT&T 03/22 CALNET 3 SERVICE 9391031577 7.14 $ 32646 04/18/2022 FINANCE CITY CLERK AT&T 03/22 CALNET 3 SERVICE 9391026390 17.75 $ 32646 04/18/2022 FINANCE CITY CLERK AT&T 03/22 CALNET 3 SERVICE 9391031559 5.01 $ 32646 04/18/2022 FINANCE CITY CLERK AT&T 03/22 CALNET 3 SERVICE 9391031577 7.14 $ 32646 04/18/2022 FINANCE CODE ENF AT&T 03/22 CALNET 3 SERVICE 9391026413 44.42 $ 32646 04/18/2022 FINANCE COMM & REC AT&T 03/22 CALNET 3 SERVICE 9391026391 254.58 $ 32646 04/18/2022 FINANCE COMPUTER MAINT AT&T 03/22 CALNET 3 SERVICE 9391026390 35.56 $ 32646 04/18/2022 FINANCE COMPUTER MAINT AT&T 03/22 CALNET 3 SERVICE 9391031559 5.01 $32646 04/18/2022 FINANCE COMPUTER MAINT AT&T 03/22 CALNET 3 SERVICE 9391031577 14.30 $32646 04/18/2022 FINANCE ENGINEERING AT&T 03/22 CALNET 3 SERVICE 9391026390 124.51 $32646 04/18/2022 FINANCE ENGINEERING AT&T 03/22 CALNET 3 SERVICE 9391031559 38.43 $32646 04/18/2022 FINANCE ENGINEERING AT&T 03/22 CALNET 3 SERVICE 9391031577 50.06 $32646 04/18/2022 FINANCE FACILITIES MAINT AT&T 03/22 CALNET 3 SERVICE 9391026394 26.22 $ 32646 04/18/2022 FINANCE FACILITIES MAINT AT&T 03/22 CALNET 3 SERVICE 9391031564 14.74 $32646 04/18/2022 FINANCE FINANCE AT&T 03/22 CALNET 3 SERVICE 9391026390 97.82 $32646 04/18/2022 FINANCE FINANCE AT&T 03/22 CALNET 3 SERVICE 9391031559 25.06 $32646 04/18/2022 FINANCE FINANCE AT&T 03/22 CALNET 3 SERVICE 9391031577 39.33 $32646 04/18/2022 FINANCE FLEET MAINT AT&T 03/22 CALNET 3 SERVICE 9391026394 17.51 $32646 04/18/2022 FINANCE FLEET MAINT AT&T 03/22 CALNET 3 SERVICE 9391031564 9.82 $32646 04/18/2022 FINANCE GRANT OVERSIGHT AT&T 03/22 CALNET 3 SERVICE 9391026390 35.56 $32646 04/18/2022 FINANCE GRANT OVERSIGHT AT&T 03/22 CALNET 3 SERVICE 9391031559 11.70 $32646 04/18/2022 FINANCE GRANT OVERSIGHT AT&T 03/22 CALNET 3 SERVICE 9391031577 14.30 $32646 04/18/2022 FINANCE HR/RISK MGT AT&T 03/22 CALNET 3 SERVICE 9391026390 26.63 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32646 04/18/2022 FINANCE HR/RISK MGT AT&T 03/22 CALNET 3 SERVICE 9391031559 6.68 $ 32646 04/18/2022 FINANCE HR/RISK MGT AT&T 03/22 CALNET 3 SERVICE 9391031577 10.71 $ 32646 04/18/2022 FINANCE PLANNING AT&T 03/22 CALNET 3 SERVICE 9391026390 44.44 $32646 04/18/2022 FINANCE PLANNING AT&T 03/22 CALNET 3 SERVICE 9391031559 11.70 $32646 04/18/2022 FINANCE PLANNING AT&T 03/22 CALNET 3 SERVICE 9391031577 17.87 $32646 04/18/2022 FINANCE STREETS AT&T 03/22 CALNET 3 SERVICE 9391026394 43.72 $32646 04/18/2022 FINANCE STREETS AT&T 03/22 CALNET 3 SERVICE 9391031564 24.58 $32646 04/18/2022 FINANCE SEWER OPS AT&T 03/22 CALNET 3 SERVICE 9391026394 30.59 $ 32646 04/18/2022 FINANCE SEWER OPS AT&T 03/22 CALNET 3 SERVICE 9391031564 17.19 $32646 04/18/2022 FINANCE SOLID WASTE AT&T 03/22 CALNET 3 SERVICE 9391026394 34.94 $ 32646 04/18/2022 FINANCE SOLID WASTE AT&T 03/22 CALNET 3 SERVICE 9391031564 19.69 $32646 04/18/2022 FINANCE SR CITIZEN COMM AT&T 03/22 CALNET 3 SERVICE 9391026389 22.56 $32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391026392 5.69 $32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391026393 53.34 $ 32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391026390 28.91 $32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391031559 6.69 $32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391031577 11.61 $32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391026394 8.74 $32646 04/18/2022 FINANCE UB ‐ GARBAGE AT&T 03/22 CALNET 3 SERVICE 9391031564 4.91 $32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391026392 5.70 $32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391026393 53.35 $ 32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391026390 28.89 $32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391031559 6.68 $32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391031577 11.62 $32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391026394 8.74 $32646 04/18/2022 FINANCE UB ‐ SEWER AT&T 03/22 CALNET 3 SERVICE 9391031564 4.91 $32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391026392 11.39 $32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391026393 106.69 $ 32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391026390 57.90 $ 32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391031559 13.37 $32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391031577 23.28 $32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391026394 17.51 $32646 04/18/2022 FINANCE UB ‐ WATER AT&T 03/22 CALNET 3 SERVICE 9391031564 9.84 $32646 04/18/2022 FINANCE WATER OPS AT&T 03/22 CALNET 3 SERVICE 9391026394 39.32 $ 32646 04/18/2022 FINANCE WATER OPS AT&T 03/22 CALNET 3 SERVICE 9391031564 22.10 $ 32646 04/18/2022 FINANCE WATER QUALITY AT&T 03/22 CALNET 3 SERVICE 9391026394 17.51 $ 32646 04/18/2022 FINANCE WATER QUALITY AT&T 03/22 CALNET 3 SERVICE 9391031564 9.82 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32646 04/18/2022 FINANCE WWTP AT&T 03/22 CALNET 3 SERVICE 9391026394 26.22 $32646 04/18/2022 FINANCE WWTP AT&T 03/22 CALNET 3 SERVICE 9391031564 14.74 $32646 04/18/2022 FINANCE CITY MANAGER AT&T 03/22 CALNET 3 SERVICE 9391026390 17.75 $ 32646 04/18/2022 FINANCE CITY MANAGER AT&T 03/22 CALNET 3 SERVICE 9391031559 10.02 $ 32646 04/18/2022 FINANCE CITY MANAGER AT&T 03/22 CALNET 3 SERVICE 9391031577 7.14 $ 32646 04/18/2022 FINANCE PURCHASING AT&T 03/22 CALNET 3 SERVICE 9391026394 26.22 $32646 04/18/2022 FINANCE PURCHASING AT&T 03/22 CALNET 3 SERVICE 9391031564 14.74 $32646 04/18/2022 FINANCE PD OPS AT&T 03/22 CALNET 3 SERVICE 9391031579 237.85 $ 32646 04/18/2022 FINANCE PD OPS AT&T 03/22 CALNET 3 SERVICE 9391026411 164.19 $ 32646 04/18/2022 FINANCE PD OPS AT&T 03/22 CALNET 3 SERVICE 9391031561 167.08 $ 32647 04/18/2022 FINANCE AQUATICS PROGRM AT&T 03/22 CALNET 3 SERVICE 9391026397 20.89 $ 32647 04/18/2022 FINANCE BUILDING AT&T 03/22 CALNET 3 SERVICE 9391026407 22.56 $ 32647 04/18/2022 FINANCE FIRE AT&T 03/22 CALNET 3 SERVICE 9391026402 22.56 $ 32647 04/18/2022 FINANCE SR CITIZEN COMM AT&T 03/22 CALNET 3 SERVICE 9391026395 22.56 $ 32648 04/18/2022 PD OPS PD OPS ARAMARK UNIFORM SERVICES MATS ‐ PD 100.00 $ 32649 04/18/2022 HR HR/RISK MGT CA DEPARTMENT OF JUSTICE 03/22 LIVE SCANS 224.00 $ 32649 04/18/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 03/22 MISCELLANEOUS SERVICE 196.00 $ 32650 04/18/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY PLOTTER PAPER 122.50 $32650 04/18/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY GPS UNIT SERVICE CONTRACT 2,000.00 $32651 04/18/2022 PW ADMIN SEWER OPS CWEA CWEA ASSOCIATION MEMBERSHIP 283.00 $32652 04/18/2022 PD OPS PD OPS CHIARAMONTE, GIACHINO PER DIEM ‐ CAL CHIEF'S BOARD MEETING 129.50 $ 32653 04/18/2022 FINANCE PD OPS COMCAST 04/22 SVS 8155500320092096 160.76 $ 32654 04/18/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 180.00 $ 32655 04/18/2022 PW ADMIN FACILITIES MAINT DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 05/22‐06/22 63.75 $ 32655 04/18/2022 PW ADMIN STREETS DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 05/22‐06/22 63.75 $ 32655 04/18/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 05/22‐06/22 63.75 $ 32655 04/18/2022 PW ADMIN WATER OPS DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 05/22‐06/22 63.75 $ 32656 04/18/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REPLACEMENT REBATE‐ 9901022 200.00 $ 32656 04/18/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REPLACEMENT REBATE‐ 9913877 200.00 $ 32656 04/18/2022 FINANCE WATER CONSERV CITY OF MADERA DRIP IRRIGATION REBATE ‐ 9918152 150.00 $32656 04/18/2022 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE ‐ 9918152 175.00 $ 32656 04/18/2022 FINANCE WATER CONSERV CITY OF MADERA SMART IRR CONTROLLER REBATE ‐ 9918152 169.98 $ 32656 04/18/2022 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE ‐ 10000363 200.00 $ 32657 04/18/2022 ENGINEERING ENGINEERING MADERA TRIBUNE PUBLIC NOTICE 169.00 $ 32657 04/18/2022 ENGINEERING ENGINEERING MADERA TRIBUNE RECRUITMENT AD ‐ SENIOR/ASSOC ENGINEER 91.20 $ 32657 04/18/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC NOTICE ‐ ALMOND WORLD 266.50 $32657 04/18/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING ‐ CC NOTICE 338.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32658 04/18/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 5225647713‐5 15.28 $ 32658 04/18/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/22 SERVICE 1598348280‐1 68.16 $ 32658 04/18/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 03/22 SERVICE 1715785853‐5 1,038.05 $ 32659 04/18/2022 PARKS PARKS PARK ASSOCIATES KAISER GRANT ‐ TRAIL PARK COURSE 76,878.57 $ 32660 04/18/2022 PW ADMIN WATER OPS PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 3,529.26 $32661 04/18/2022 SEWER OPS WWTP SPARKLETTS LAB & DRINKING WATER 163.15 $ 32662 04/18/2022 PW ADMIN AIRPORT OPS TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 35.00 $ 32662 04/18/2022 PW ADMIN CENTRAL ADMIN TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 45.00 $ 32662 04/18/2022 PW ADMIN COMM & REC TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 435.00 $ 32662 04/18/2022 PW ADMIN ENGINEERING TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 60.00 $ 32662 04/18/2022 PW ADMIN FIRE TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 70.00 $ 32662 04/18/2022 PW ADMIN INTERMODAL BLDG TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 75.00 $ 32662 04/18/2022 PW ADMIN SEWER OPS TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 25.00 $ 32662 04/18/2022 PW ADMIN SOLID WASTE TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 25.00 $32662 04/18/2022 PW ADMIN WATER OPS TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 25.00 $ 32662 04/18/2022 PW ADMIN WWTP TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 45.00 $ 32662 04/18/2022 PW ADMIN PD OPS TECH. MASTER PEST MANAGEMENT 04/22 PEST CONTROL SERVICES 40.00 $ 32663 04/18/2022 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING PROFESSIONAL ENGINEERING SERVICES 170.00 $32663 04/18/2022 ENGINEERING SEWER SE QUAD YAMABE & HORN ENGINEERING PROFESSIONAL ENGINEERING SERVICES 2,110.57 $ 32664 04/18/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 2,940.00 $32665 04/18/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 175.48 $ 32665 04/18/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 32666 04/18/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 254.73 $32667 04/18/2022 FINANCE SOLID WASTE OTP‐ UB REFUNDS UB TERM REFUND ‐ 551049 13.93 $ 32667 04/18/2022 FINANCE WATER UTILITY OTP‐ UB REFUNDS UB TERM REFUND ‐ 551049 513.32 $ 32668 04/21/2022 PW ADMIN AIRPORT OPS SEABURY COPLAND & ANDERSON INSURANCE AIRPORT LIABILITY RENEWAL 2,431.75 $ 32668 04/21/2022 PW ADMIN AIRPORT OPS SEABURY COPLAND & ANDERSON INSURANCE AIRPORT LIABILITY RENEWAL 7,295.25 $ 32669 04/21/2022 PD OPS PD OPS BURNS, KARYN PER DIEM ‐ CA ASSOC FOR PROPERTY & EVIDENCE 425.50 $ 59 04/08/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/05/22 699.00 $ 59 04/08/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/06/22 160.07 $ 59 04/08/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PARTICIPANT FEE ‐ MAR 2022 96.00 $ 60 04/08/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 8,691.95 $ 61 04/08/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 1,520.70 $62 04/08/2022 FINANCE FINANCE PITNEY BOWES, INC. PREPAID POSTAGE REFILL 5,000.00 $ 63 04/12/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/08/22 51.88 $ 64 04/18/2022 HR CITY CLERK EMPLOYEE BENEFIT SPECIALISTS, INC. APRIL BENEFIT PREMIUMS 848.00 $64 04/18/2022 HR PAYROLL TRUST EMPLOYEE BENEFIT SPECIALISTS, INC. APRIL BENEFIT PREMIUMS 335,884.18 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 64 04/18/2022 HR PD OPS EMPLOYEE BENEFIT SPECIALISTS, INC. APRIL BENEFIT PREMIUMS 848.00 $65 04/18/2022 FINANCE WWTP BOND ADMIN BANK OF NEW YORK MELLON 2015 WASTEWATER REV REF BOND PMT 237,868.34 $66 04/19/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/19/22 45.00 $ 67 04/20/2022 PURCHASING AIRPORT OPS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 644.03 $ 67 04/20/2022 PURCHASING BUILDING US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 756.62 $ 67 04/20/2022 PURCHASING CENTRAL ADMIN US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 184.89 $ 67 04/20/2022 PURCHASING CITY CLERK US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 745.75 $ 67 04/20/2022 PURCHASING CITY COUNCIL US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 479.66 $ 67 04/20/2022 PURCHASING CODE ENF US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 1,752.11 $ 67 04/20/2022 PURCHASING COMM & REC US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 3,128.18 $ 67 04/20/2022 PURCHASING COMMUNITY PROMO US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 1,020.85 $67 04/20/2022 PURCHASING COMPUTER MAINT US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 4,786.07 $67 04/20/2022 PURCHASING DRAINAGE US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 191.43 $ 67 04/20/2022 PURCHASING ENGINEERING US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 2,524.94 $ 67 04/20/2022 PURCHASING FACILITIES MAINT US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 9,489.71 $ 67 04/20/2022 PURCHASING FINANCE US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 516.04 $67 04/20/2022 PURCHASING FIRE US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 13,296.34 $67 04/20/2022 PURCHASING FLEET MAINT US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 14,751.49 $67 04/20/2022 PURCHASING GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 11,442.96 $ 67 04/20/2022 PURCHASING GENERAL TRUST US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 2,919.94 $ 67 04/20/2022 PURCHASING GRAFFITI ABATE US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 3.57 $ 67 04/20/2022 PURCHASING HR/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 563.21 $ 67 04/20/2022 PURCHASING INS/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 220.00 $67 04/20/2022 PURCHASING MEAS K ‐ FIRE US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 2,224.17 $67 04/20/2022 PURCHASING PARKS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 16,363.05 $ 67 04/20/2022 PURCHASING PLANNING US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 1,576.75 $67 04/20/2022 PURCHASING STREETS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 10,107.25 $67 04/20/2022 PURCHASING RECREATION US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 184.02 $67 04/20/2022 PURCHASING SEWER OPS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 1,241.00 $67 04/20/2022 PURCHASING SOLID WASTE US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 1,875.00 $ 67 04/20/2022 PURCHASING STREET CLEANING US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 1,753.70 $67 04/20/2022 PURCHASING SUPP LAW ENF US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 696.15 $ 67 04/20/2022 PURCHASING TRANS ‐ FIXED US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 6,314.33 $67 04/20/2022 PURCHASING TRANS ‐ DAR US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 2,036.59 $67 04/20/2022 PURCHASING WATER OPS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 13,460.16 $ 67 04/20/2022 PURCHASING WATER QUALITY US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 4,002.37 $ 67 04/20/2022 PURCHASING WWTP US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 8,932.82 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 67 04/20/2022 PURCHASING MEAS K ‐ PD US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 8,788.58 $67 04/20/2022 PURCHASING FLEET ACQUISITION US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 314.75 $67 04/20/2022 PURCHASING DUI ENFORCEMENT US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 81.17 $67 04/20/2022 PURCHASING SPECIAL EVENTS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 9.99 $ 67 04/20/2022 PURCHASING REMOVE II‐ SJVAPCD US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 2,054.61 $ 67 04/20/2022 PURCHASING PD OPS US BANK CORPORATE PAYMENT SYSTEMS 03/22 CAL‐CARD CHARGES 4,664.81 $ BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 1,899,864.99

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Contract City Attorney Services and Litigation Expenditures 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 an informational monthly update on expenditures for contract City Attorney services, as well as specialized legal representation in various matters of litigation.

DISCUSSION:

The following information summarizes billings paid for services formerly performed by the City’s in-house City Attorney. This report captures March 2022 invoices received, as well as the Fiscal Year (FY) 2021/22 tracking of invoices received, through a FY 2021/22 Year-to-Date (YTD) column.

If Council desires additional information in future iterations of this report, please advise and staff will make the requested changes.

Firm: Colantuono, Highsmith & Whatley, PC (Litigation)
Note: No invoice received for March 2022.

Matter
Charges
July 2021 – February 2022
Pending Litigation $16,111.06
Total $16,116.06
B-3
Firm: Montoy Law Corporation (City Attorney Services and Litigation) Billing Period: March 2022
Matter
Charges
March 2022 FY 2021/2022 (YTD)
General Legal Review/Advice $352.50 $5,240.50
City Clerk $1,856.50 $18,001.00
Attendance at Council Meetings & Advice on
Same $1,292.50 $21,361.50
City Council Requests for
Information/Research $117.5 $117.50
City Manager $235.00 $1,997.50
Review and Advice on Agreements $2,420.50 $34,509.75
Planning $26,743.00 $71,933.50
Planning Commission $0 $1,104.5
Finance $658.00 $6,251.00
Successor Agency $170.00 $1,121.75
Public Works/Engineering $3,924.50 $17,554.50
Police Department - General $70.50 $70.50
Personnel/Payroll $0 1762.50
Municipal Code Enforcement/Updates $0 164.50
Ordinances $282.00 $8859.50
Discounted Hours -$(94.00) -$(1,814.50)
Total City Attorney Services $38,028.5 $188,658.50
Litigation Services
Total Litigation Services $3,619.5 $39,617.17
Total City Attorney and Litigation Services $41,648 $228,275.67 FINANCIAL IMPACT:

For FY 2021/22, expenditures for invoices related to legal fees total $244,386.73. This represents expenditures for specific City Attorney services, as well as specialized legal representation in various matters of litigation. A summary of invoices received to date are summarized per the following table.

Legal Invoices FY 2020/21 YTD
City Attorney Services
Montoy Law Corporation $188,658.50
Litigation Services
Madera County District Attorney’s Office $0.00
Montoy Law Corporation $39,617.17
Colantuono, Highsmith & Whatley, PC $16,111.06
Law Office of Gregory L. Myers $0.00
Abbott & Kindermann, Inc. $0.00
Total City Attorney and Litigation Services YTD $244,386.73 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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Americans with Disabilities Act (ADA) Advisory Council Bylaws RECOMMENDATION:

Adopt a resolution amending the Madera ADA Advisory Council Bylaws SUMMARY:

In May 2006, the City Council adopted Resolution 06-148, creating the City of Madera ADA Advisory Council (Advisory Council) and adopting an initial set of bylaws for the Advisory Council.

The bylaws have been updated from time to time to reflect the revised make-up of the City Council after moving to election by district, as well as to update the meeting date and time when requested by the Advisory Council members. As written, the bylaws contain an appointment process for members of the Advisory Council. The City recently adopted an ordinance that governs the appointment process for all City Commissions, Boards, and Committees and this ordinance applies to the ADA Advisory Council. The proposed update also acknowledges that updates to the bylaws are made by resolution of the City Council.

DISCUSSION:

The Advisory Council was formed to serve in an advisory capacity to the City Council and staff on matters relating to ADA. Their duties include the following.

1. Promote pedestrian safety and access to all public streets.

2. Promote ADA compliance in all public buildings and facilities, services, programs and activities.

3. Promote inclusion of the disabled community in the City's emergency and disaster preparedness plans.

4. Develop disability awareness and educational outreach programs.

B-4

5. Work with various City of Madera Departments to ensure that all public buildings and facilities, remodeled and newly constructed, are in compliance with current laws guaranteeing access for all people with disabilities.

6. Promote affordable and accessible housing in the community.

7. Work collaboratively with the City of Madera on recommendations regarding unmet transit needs.

8. Ensure ADA grievance procedures are followed and enforced.

The original appointment process for members of the Advisory Council is captured in their bylaws. The City Council recently adopted an ordinance updating the Madera Municipal Code to define the appointment process for all City Commissions, Boards, and Committees. This recent ordinance will be the governing document regarding the appointment process for the Advisory Council.

The proposed revision also includes an update to the bylaw amendment process to indicate that modification to the bylaws are to be made by resolution of the City Council.

The revised bylaws, as proposed, are provided as Exhibit A to the resolution contemplated herein.

Proposed revisions to the bylaws and the reasons for the revisions were reviewed with the Advisory Council at its regularly scheduled meetings on January 18, 2022, and April 19, 2022.

FINANCIAL IMPACT:

There is no anticipated financial impact from this modification.

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 draft further modifications to the Advisory Council bylaws.

ATTACHMENTS:

1. Resolution
a. Exhibit A: City of Madera ADA Advisory Council Bylaws RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING THE

MADERA AMERICANS WITH DISABILITIES ACT (ADA) ADVISORY COUNCIL BYLAWS WHEREAS,the City of Madera ADA Advisory Council was formed by resolution on May 17, 2006, with inaugural bylaws adopted at that time; and
WHEREAS, the bylaws have been amended by subsequent resolutions March 19, 2008; November 3, 2010; February 20, 2013; and January 17, 2018; and WHEREAS, it has been determined that updates to the bylaws are necessary; and WHEREAS, revised bylaws have been drafted and reviewed with the ADA Advisory Council at its regularly scheduled meetings of January 18, 2022, and April 19, 2022.

NOW, THEREFORE, the City Council of the City of Madera hereby resolves, finds, and orders as follows:

1. The Bylaws of the Madera ADA Advisory Council, attached hereto as Exhibit A and incorporated herein, are approved.

2. This resolution shall supersede any and all prior resolutions regarding the Madera ADA Advisory Council bylaws, which shall be of no further force and effect as of the effective date of this resolution.

3. This resolution is effective immediately upon adoption.

Exhibit A

Page 1 of 4 ends

CITY OF MADERA
Bylaws of the Madera ADA Advisory Council
SECTION 1. Membership
The ADA Advisory Council of the City of Madera shall consist of members who shall be appointed by the City Council as provided in the City of Madera Municipal Code. The total number of positions on the ADA Advisory Council shall equal the total number of positions on the City Council, inclusive of the elected Mayor. The composition of the ADA Advisory Council shall be as diverse as possible to include a cross-section of the community in the City of Madera (i.e. members representing general public, elderly, disabled, students) Each member must be a resident of the City of Madera at the time of their appointment and while serving on the Council.

Members of the ADA Advisory Council shall serve without compensation. However, payment for any necessary expenses incurred in the conduct of pertinent business may be paid if previously authorized in writing by the City Manager. Additionally, bus fares to and from ADA Advisory Council meetings may be paid by the City when included as a City budgeted item.

SECTION 2. Duties and Responsibilities
A. The ADA Advisory Council serves in an advisory capacity to the City Council and staff on ADA matters. ADA Advisory Council duties shall include the following:

1. Promote pedestrian safety and access to all public streets.

2. Promote ADA compliance in all public buildings and facilities, services, programs and activities.

3. Promote inclusion of the disabled community in the City's emergency and disaster preparedness plans.

4. Develop disability awareness and educational outreach programs.

6. Promote affordable and accessible housing in the community.

7. Work collaboratively with the City of Madera on recommendations regarding unmet transit needs.

8. Ensure grievance procedures are followed and enforced as described in Section 6.

Exhibit A

Page 2 of 4 ends

B. Attendance

1. The ADA Advisory Council shall meet one time per month on the third Tuesday of each month. Special meetings may be called by the chair or a majority of the ADA Advisory Council when necessary.

2. ADA Advisory Council members should attend all regular monthly meetings of the ADA Advisory Council. If an ADA Advisory Council member knows that he or she may not be able to attend a meeting, an effort should be made to contact the Secretary prior to the meeting.

3. In order for the ADA Advisory Council to function properly, attendance is required and three consecutive absences by the ADA Advisory Council member shall be deemed an automatic resignation. A significant pattern of absences may also be considered grounds for removal from the ADA Advisory Council. A significant pattern of absences may include such things as continually arriving late and/or leaving early from a majority of meetings, missing more than 4 meetings in any calendar year, or an ongoing inability to participate in ADA Advisory Council activities. This list is provided as an example only, and is not intended to be exhaustive.

4. If any member of the ADA Advisory Council wishes to discuss the removal of another member in accordance with Section 1 due to attendance, the member must notify the Secretary to include the item on the next ADA Advisory Council Agenda.

SECTION 3. Chairperson, Vice-Chairperson
A. The officers of the ADA Advisory Council shall be a Chairperson and a Vice-Chairperson, who shall be members of the ADA Advisory Council elected by the ADA Advisory Council by a majority vote of a quorum annually in the month of January.

1. In the absence of the Chairperson and Vice-chairperson, the most senior member of the ADA Advisory Council shall call the ADA Advisory Council to order and conduct the meeting.

2. Secretary. There shall also be a Secretary designated by the City Manager, who shall not be a member of the ADA Advisory Council. The person designated shall be vested with all powers and duties of the Secretary pursuant to these rules and regulations.

SECTION 4. Powers and Duties of Officers
A. The Chairperson shall preside at all meetings of the ADA Advisory Council. The ViceChairperson shall have and perform the powers and duties of the Chairperson in the absence of the Chairperson.

B. The Secretary shall:

Exhibit A

Page 3 of 4 ends

1. Keep and record the minutes of all meetings of the ADA Advisory Council, and furnish a copy of the minutes of each regular and special meeting to each member of the ADA Advisory Council;

2. Keep complete files of all communications and necessary records of the ADA Advisory Council;

3. Prepare and coordinate the meeting agenda;

4. Perform such other duties as the ADA Advisory Council may from time to time prescribe.

SECTION 5. Meetings and Actions
A. Regular meetings of the ADA Advisory Council shall be held on the third Tuesday of every month at 3:30 p.m. at the City Hall of the City of Madera, or such other place as shall be determined in advance and announced by posting notice thereof on the official bulletin board at City Hall.

B. A Special meeting may be called at any time by the Chairperson at his/her discretion, and the Chairperson shall call a special meeting at the written request of three members of the ADA Advisory Council. Notice of special meetings shall be given by delivering personally or by mail or written notice thereof to each member of the ADA Advisory Council. The notice shall be delivered at least 24 hours in advance of the special meeting.

C. A majority of the members of the ADA Advisory Council shall constitute a quorum for the transaction of business.

D. The actions and decisions of the ADA Advisory Council at any time shall be expressed by a motion.

E. The ADA Advisory Council shall determine action items and recommendations to be forwarded to the City Council. When action items or recommendations are to be forwarded to the City Council, the Secretary shall make the report. The Chairperson, or in the absence of the Chairperson, the Vice-Chairperson, or other member of the ADA Advisory Council appointed by the Chairperson, may be present at the City Council meetings when deemed advisable by the ADA Advisory Council.

F. The order of business of the ADA Advisory Council shall be conducted from a written agenda prepared by the Secretary. The agenda shall express the time and location of the meeting and a brief general description of each item of business to be transacted or discussed. No action shall be taken on items not appearing on the agenda.

Exhibit A

Page 4 of 4 ends

SECTION 6. ADA Advisory Council Responsibilities for Grievance Procedures A. The ADA Advisory Council shall review any ADA grievances forwarded which were not resolved to the satisfaction of the complainant.

B. The ADA Advisory Council shall discuss and make a final recommendation to the City’s ADA Coordinator for resolution of grievance(s).

C. The final recommendation(s) of the ADA Advisory Council shall be forwarded to the City’s ADA Coordinator for follow-up action and resolution.

SECTION 7. Bylaws Amendment Process
A. Bylaw Amendments shall be approved by resolution of the City Council.

SECTION 8. Bylaw Adoption Process
The original Bylaws of the City of Madera ADA Advisory Council were adopted by the City Council of the City of Madera at its regular meeting of May 17, 2006. Said Bylaws were revised by the City Council at its regular meetings of March 19, 2008; November 3, 2010; February 20, 2013; January 17, 2018; and May 4, 2022.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 2022
_________________________________
Daniel Foss, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Porsche Club of America Autocross Events at the Municipal Airport RECOMMENDATION:

Adopt a Resolution approving a permit for the use of designated areas at the Municipal Airport for use by the Porsche Club of America Autocross at a rate $350 per event during 2022 and 2023 SUMMARY:

This Special Activity Permit would allow the Porsche Club of America (PCA) to utilize Closed Runway 8-26 at the Madera Municipal Airport for monthly autocross performance driving events from September to November 2022 and March to June 2023. Autocross is a sport driving competition focused on navigating a car through a defined course of pylons. The courses are set up using soft orange traffic pylons and speeds are between 40 to 65 mph. The event organizers place an emphasis on driver skill and car performance. The PCA recognizes safety and uninterrupted airport operations as their top priorities.

DISCUSSION:

The City originally received a request in December 2017 from the PCA to use areas of the Airport for a monthly autocross event. After reviewing several locations with the PCA and staff, the request was presented to the Airport Advisory Commission and, subsequently, to Council.

Council approved the request for use of the Madera Municipal Airport Restricted Runway for autocross events in 2018 and 2019. The PCA has had their permit renewed annually with the City since then and has held several events, being pleased with the location. The course stays within the given confines of former Runway 8-26 which is now closed and does not impede any Airport Agenda Number: __________
B-5
traffic. Attendees will access the site from Avenue 16 and, therefore, do not traverse the main taxiway, apron, or Runway 12-30.

In its advertising and promotional materials for the event, the PCA shall promote the Madera Municipal Airport and the City through publicity that encourages commerce and tourism within the City. The proposed date of events are listed in Table 1.

Table 1: 2022 & 2023 Event Dates
Year
2022 2023
September 10
October 8
November 12
March 11
April 8
May 13
June 10
It is noted that due to a lack of a quorum, the Airport Advisory Commission (AAC) was unable to conduct a meeting to consider the request. However, this event has been approved annually by the AAC since 2018, and staff does not anticipate any issues. In addition, in previous years, events were held while the runway was open. The runway is now closed.

During event days, the City will not provide any support. In addition, event organizers are required to control access to event field, ensure area is cleaned up after event, and lock access gate after use. Event organizers are given a separate gate code to ensure access the day of event, but the code is changed after their event to keep the airport secure. Events are typically on Saturdays; however, setup and removing of material usually occurs over several days. There are no anticipated disruptions to airport activities.

FINANCIAL IMPACT:

Staff negotiated a rate of $350 per event fee with the PCA. The proposed Special Activity Permit details the terms of this non-aviation-related event. This Special Event Permit will allow forseven autocross events over the course of 2022 and 2023. These seven events will generate $2,450 in revenue for the Airport.

ALTERNATIVES:

Council may elect to not approve the Special Activity Permit for the PCA. If the permit is not approved the PCA’s current permit will be valid until June 11, 2022 and terminate thereafter.

ATTACHMENTS:

1. Resolution

2. Special Activity Permit Certificate
a. Exhibit A – Site Plan of Runway 8-26
b. Exhibit B – Access Route to Event Location
c. Exhibit C – Federal Aviation Administration Assurances d. Exhibit D – Release and Waiver
e. Exhibit E – Insurance Requirements
RESOLUTION NO.

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

CALIFORNIA, APPROVING A SPECIAL ACTIVITY PERMIT CERTIFICATE FOR

THE USE OF DESIGNATED AREAS OF THE MADERA MUNICIPAL AIRPORT FOR THE 2022-2023 PORSCHE CLUB OF AMERICA AUTOCROSS EVENTS WHEREAS, the Porsche Club of America (Permittee) has requested permission to utilize an area of the Madera Municipal Airport for autocross events during Fiscal Year 2022-23; and WHEREAS, the City of Madera (City) has available space on Closed Runway 8-26 that will not present any safety hazard or detriment to normal operations of aircraft arriving or departing from the Airport; and
WHEREAS, the City and the Permittee have agreed upon terms for the Special Activity Permit.

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

1. The above recitals are true and correct.

2. The Special Activity Permit between the City and the Porsche Club of America, a copy of which is attached and incorporated by reference is hereby approved.

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

MADERA MUNICIPAL AIRPORT CONDITIONAL AIRPORT SPECIAL ACTIVITY PERMIT CERTIFICATE FOR THE USE OF DESIGNATED AREAS OF THE AIRPORT FOR THE 2022-2023 PORSCHE CLUB OF

AMERICA AUTOCROSS EVENTS
THIS IS TO CERTIFY THAT, the City Council (“Council”) of the City of Madera ("City"), at a regular meeting held on May 4, 2022, considered and approved this Conditional Airport Special Activity Permit (or “Permit”) for use of areas of the Closed Runway 8-26 (“Ag strip”) at the Madera Municipal Airport for monthly scheduled non-aviation-related events and activities in conjunction therewith, and subject to the following conditions and restrictions and to further certify that by execution thereof Porsche Club of America agrees to all the terms and conditions of this Permit.

REQUEST:

Request by the Porsche Club of America, a corporation of the State of Maryland registered to do business in California (hereinafter referred to as “Permittee”), for permission to use the Airport’s Closed Runway 8-26 (as indicated on Exhibit A attached hereto and made a part hereof).

BACKGROUND:

In December 2017, a request was received from the Permittee to utilize areas of the Airport for a monthly event from May 2018 through June 2019, for autocross performance driving activities.

This request was approved by Council on April 28, 2018. On March 27, 2022, the Permittee expressed to the City their desire to continue utilization of the area during Fiscal Year 2022/2023.

Due to not meeting a quorum, the Airport Advisory Commission was unable to conduct a meeting to vote on the request for use of the Madera Municipal Airport Restricted Runway for autocross events in 2022 and 2023. However, a sponsor from the Porsche Club of America, Larry Kirlin, was notified his request will be forwarded to Council due to these unforeseen circumstances.

COUNCIL ACTION:

The City Council adopted the following findingsin justification of this Permit and grantsthe Permit as described herein subject to each of its Conditions of Approval and authorized the Mayor to execute same as described herein.

FINDINGS:

In issuing this Permit, the City Council hereby finds that, under strict conditions of approval:

1. Permittee’s automotive, non-aviation-related event and activities and use of the Closed Runway 8-26 areas and Airport facilities will not be detrimental to the environmentor to the health,safety, peace or general welfare of the City, the Airport, the surrounding properties or the community-at-large.

2. Permittee’s non-aviation-related activities will not be detrimental or injurious to the efficiency and utility of the Airport or to Airport property and improvements.

3. Permittee’snon-aviation-related activities, if conducted in accordancewith the Conditions of this Permit will be consistent with the Environmental Guidelines, the General Plan, the Airport Master Plan, the Airport Layout Plan, the Airport Operating Ordinance and the ZoningOrdinance ofthe City. The long-term use of the property isdesignatedfor aviationrelateddevelopmentintheAirportMasterPlan and Airport Layout Plan.

4. Permittee’s non-aviation-related activities and the use of the Restricted Runway 8-26 areas and Airport facilities will not present or create a safety hazard to the normal operations of aircraft arriving or departing from the Airport.

5. Reasonable time periods can be and are herein designated for Permittee’s non-aviationrelated activities.

6. Permittee shall pay $350.00 per event for this proposed use.

7. The formand amount of liability insurance required herein,naming the Cityand the Airport as additional insured parties to be obtained from the Permittee are reasonably related to the Airport’s liability exposure and are not unjustly discriminatory. It isfurther found that, because those insurance requirements are appropriate under the unique characteristics of the proposed use, this finding shall not be construed to indicate a precedent for insurance requirements for any other use.

CONDITION PRECEDENT:

Approval of this proposed use of the Airport by the Federal Aviation Administration (FAA)shall be a condition precedent to the effectiveness of this Permit. City shall have sole discretion to determine the satisfaction ofthis condition,which discretion shall be exercised upon a reasonable basis after conferring in good faith with Permittee. The City is responsible for obtaining FAA approval and Permittee shall fully cooperate with the City’s efforts related thereto.

EVENT DESCRIPTION:

The Event is a monthly autocross event on the second Saturday of the months of September through November 2022, and March through June of 2023 inclusive, for Porsche Club of America to participate in timed autocross competition. Event participants on the Closed Runway 8-26 would navigate a temporary course marked by traffic cones in a timed competition. The event organizers place an emphasis on driver skill and car performance; and performance is measured by time. All vehicleswould be checked byPermittee forsafety and adequately prepared for timed racing.

Event participants would race on a course set up on the Closed Runway 8-26. Use of the term “runway” in this Permit refers to macadam, bituminous asphalt surfaces existing at the Airport.

The autocross-timed-racing course will be set up substantially as shown on Exhibit B, attached hereto and incorporated herein; no other portions of the Airport will be used for automotive activities. The Eventwillnotinvolvetheproducing,assembling,orsellingof any products onsite.

For the dateslisted above forthe automotive activities, up to 100members of the Porsche Club of America will be at the Airport at any one time. Logistics staff will deliver and set up portable equipment on the Friday prior to the event from 12:00 PM to 6:00 PM. The autocross course will be set up on Saturday of the event, priortoracing activities. Autocross-timed-racingactivities will occur between the hours of 7:00 AM and 5:00 PM. Table 1 provides a summary of event activities by time and day.

TABLE 1. Activities Schedule
Day Start End Location Event/Description People on Site (max) Friday 12:00 PM 6:00 PM RR&T Course Setup, Delivery of
Portable Toilet
5 Saturday 7:00 AM 9:00 AM RR&T Registration and Course Setup 100
9:00 AM 9:30 AM RR&T Drivers Meeting and
Course Walk 100
9:30 AM 4:00 PM RR&T Autocross Timed Runs 100
4:00 PM 5:00 PM RR&T Load-out and Clean-up 25
Monday 8:00 AM 12:00 PM RR&T Pick-up of Portable Toilet 2 Note:

RR&T = Restricted Runway and Taxiway
Exhibit B showsthe route event participants willtake to accessthe Restricted Runway 8-26 areas, which involves detouring through the gated entrance at Avenue 16 to avoid crossing the apron, taxiway and Runway 12-30.

In its advertising and promotional materials for the event, Permittee shall promote and aid the commerce of the Madera Municipal Airport and the City of Madera and use of City facilities by positive publicity for the City through its association with the event and to aid commerce and tourism within the City.

TERM OF PERMIT: For the dates of: September 10, 2022; October 8, 2022 and November 12,2022. For 2023, the dates are March 11, April 8, May 13 and June 10.

FEE: Permittee shall pay $350.00 per event.

BUSINESS LICENSE: Thirty (30)dayspriorto conducting any activityunderthe authority granted by thisPermit,Permittee and anyofits contractorsorsubcontractorsfortheevent must apply,pay for and receive a City of Madera Business License from the City’s Finance Department.

CONDITIONS OF APPROVAL:

This Permit is issued by the City and is accepted by Permittee upon the following terms, covenantsandconditions andthe breachofany saidterms,covenantsor conditionswillbe deemed sufficient cause for the suspension or termination of thePermit.

I Operational

1. Permittee’s non-aviation-related activities shall be confined to the areas of the Closed Runway 8-26 and Airport facilities designated by the City and shown in Exhibit A. Use of any other areas of the Airport for activities pursuant to this Permit must be approved in advance and in writing by the City. The City shall have final approval of all site plans as provided herein and Permittee shall implement all safety measures required by the City to ensure public safety and to safeguard users of the Airport and aircraft. The City reserves the right to relocate or to cancel or suspend any event at any time if, in the opinion of the City such relocation or suspension/termination is required for the public safety or the safe operation of theAirport.

2. Pre- and post-event site inspections will be conducted by representatives of Permittee and the City, at a date and time agreed in writing prior to the Event, to determine existing conditions and evaluate in writing potential damages, if any. Each day autocross racing is conducted on Restricted Runway 8-26, representatives of Permittee and the City shall inspect the racing course(s) prior to the racing day and following that inspection and after any remedial actionstaken, except for any condition identified in writing by the Permittee or by the City at the time of the inspection, Permittee agrees to accept the condition of the runway and the racing courses “as is” with respect to all conditions which may then exist. The cost to the City to repair or replace any post- event damage, or to effect removal and cleanup of any material or oil or gas spill remaining on the Event site after the end of the usage period (as defined herein) shall be assessed to Permittee. Permittee’s use of the Airport must not affect access to, or the use of premises leased to the City’s tenants at theAirport.

3. Prior to conducting any activities on the Airport, Permittee will provide a final written schedule ofits proposed activities to the City and will keep City staff fully informed on a timely basis by providing prior written notice concerning any and all changes concerning events listed in that schedule. Prior to the event, Permittee will provide to the City a current list of names, phone numbers, and e-mail addresses for principal contact persons who are responsible forthe conduct
of that event both on- and off- site and who should be contacted in the event of an emergency.

Prior to the scheduled event, Permittee will attend a pre-event briefing with City staff to ensure coordination of the event and emergency procedures.

4. Permittee’s non-aviation-related and other activities and operations shall be conducted only from 6:00 AM to 6:00 PM. The City will not provide staff on-site during thistime.

5. An accurate plan of the location of all events and related activities must be prepared by Permittee and approved in advance by the City. This plan should include but is not limited to safety setbacks, crowd lines,parking areasfor visitors and participants.

A traffic management plan showing the Airport gate and route to be used for ingress and egress to the eventsite,the location of directionalsigns,security fencing, and barricades, if needed,shall be submitted to the City atleastthirty (30)daysbeforetheEvent.

6. Traffic entering or leaving the Restricted Runway 8-26 areas shall avoid crossing Runway 12-30 by accessing the site through the gate at Avenue 16 and following the traffic route shown on Exhibit B.

7. Set-up and break-down of course equipment associated with any event will occur on the same day as event activities. All equipment and materials on the Restricted Runway must be removed before 6:00 PM on the same day as the event and the site returned to its pre-event condition, unless other arrangements are approved in advance by the City. Permittee is responsible to pay any maintenance or cleanup costs associated with the event.

Permittee isresponsible forinstalling and securingany traffic cones, signs, striping or tape used to delineate areas, trash cans, portable toilets, tents, structures or other materials, equipment or supplies brought onto the site for any event. If waterisrequired to clean the eventsite, itshall be accomplished using non-potable water whenever possible unless potable water is required for reasons of health or safety. If Permittee’s activities on the site damages the runway due to a fuel spill and the runway softens or otherwise becomes unusable, Permittee will be responsible for the cost of repairsto the damaged runway. If, in the sole determination of the City, the event site requires sweeping for rocks and small debris following any event as a result of Permittee’s activities,the City willso notify Permittee who will have an option to sweep debrisfromthe site to the satisfaction of the City orto requestthe City to sweep debris. In the eventthat City personnel are required to remove debris from the event site, Permittee shall be assessed a Public Works Special Event Labor charge consistent with the City of Madera Master Fee Schedule. Allsweeping must be completed no later than 5:00 PM on the day following autocross racingactivities.

8. Ample garbage and refuse containers with snug fitting lids must be provided for food facilities and for public use to the satisfaction of the City. Garbage and refuse containers must be emptied as necessary during any eventso as notto overflow during or after an event. All trash must
be removed from the site and the Airport no later than the day following the event. In the event that City personnel are required to remove garbage or refuse from the event site, Permittee shall be assessed a Public Works Special Event Labor Charge consistent with the City of Madera Master Fee Schedule, and Permittee shall pay said charge within seven calendar days of receiving the assessment from the City.

9. Adequate portable restrooms will be provided by Permittee for any eventin such numbers and locations as may be required by the Madera County Health Department and the City. These portable restrooms must be serviced and pumped by a sanitation truck as required and removed from event site at the conclusion of activities. There must be no dumping of any materials into existing sewers serving the Airport.

10. Fire extinguishers fully charged and with tags affixed, must be provided by Permittee as required by the City’s Fire Department. There will be no open-air use of hazardous or flammable materials. All fuel shall be stored and dispensed properly from adequately vented containers.

11. First aid kits and supplies as approved in advance by the City and the City’s Fire Department shall be available on-site for the duration of any automotive racing activity.

12. Any accident requiring medical attention must be reported in writing to the City within 24 hours from the time of the accident.

13. Permittee by accepting this Permit acknowledges that it has received and will abide by the rules and regulations set forth in the Airport OperatingOrdinance.

14. Permittee’s must, within 24-hours from the time of an accident or an incident or reportable event which violates Airport Rules and Regulations or this Conditional Airport Special ActivityPermit,provide written report ofthe incidenttotheCity using a form approved by the City.

15. Permits must be obtained from the Madera County Health Department for any temporary foodor beverage serviceorpreparation facilitiesatleastten(10)dayspriorto an event.

16. Parking for motor vehicles including utility trucks shall be as designated on the site plan in areasoutsidethefencedair operationsareasoftheAirport.Theremust beno overnight orvehicle camping or long-term (more than 72-hours) vehicle storage on Airport property, unless same is approved in advance by the City. Any circumstances which arise during an event which is expected to impact Permittee’s ability to leave the site clean and vacant, such as the presence of an inoperable vehicle, shall be immediately communicated to the City.

17. Permittee will be responsible for, and must take all measures required to ensure that participants or spectators do not trespass onto leased premises at the Airport or outside of designated areas, as shown in Exhibit A.

18. To the extent applicable Permittee shall comply withall FAA assurances as shownon Exhibit C attached hereto and made a part hereof.

19. Permittee shall cooperate with the City in notifying pilots, users and tenants of the Airport about the Permittee’s event activities and explaining how these activities will affect the Airport and airport operations.

20. Sponsorship banners and signs are allowed within the designated event area in locations approved by the City and indicated on the site plan. Banners and signsshall be promptly removed after the event.

21. Nonperson shall possess or consume any alcoholic beverage or illegal drug in or around any areas of the Restricted Runway 8-26 when Permittee’s activities are taking place. No person employed by or providing service to Permittee shall possess, consume, and/or have in their system any alcoholic beverage or illegal drug in or around any areas where Permittee’s activities are taking place.

II RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OFRISK AGREEMENT,

INSURANCE AND INDEMNIFICATION REQUIRED

1. Release and Waiver of Liability and Assumption of Risk Agreement. Each participant in motorized vehicle operation including, but not necessarily limited to, driving, autocross,andslalom exercises and any passengershall, priorto such participation,sign a Release and Waiver of Liability and Assumption of Risk Agreement, a copy of which is attached hereto as Exhibit D, and a copy of every such executed Agreement shall be provided to the City at the conclusion of each day’s event which involves operation of motor vehicles on the Airport. (Permittee shall utilize Exhibit D in notlessthan an 8 ½” by 14” format.)

2. Insurance. Permittee agrees to provide insurance in accordance with the requirements set forth herein. If Permittee use existing coverage to comply with these requirements and that coverage does not meet the requirement set forth herein, Permittee agreesto amend,supplement or endorse the existing coverage to do so. The following coverage will be provided by Permittee and shown as having been issued the policies of insurance required herein and which must be maintained on behalf of the City in accordance with the requirements set forthherein.

In the event of cancellation,reduction of or change in coverage, or a substantial premium increase (in excess of $500.00) of the City’s airport liability insurance as a result, in whole or in part, of the operations allowed by this Permit,this Permit shall be suspended effective as of the date of any such change. Upon receipt of notice of any such change in coverage, City shall promptly notify Permittee’s.

Permittee and City further agree concerning the insurance coverages required by this Permit as set forth in Exhibit E, attached hereto and by this reference incorporated herein.

3. Indemnity. Permittee shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Permittee’s activities under this agreement or out of the operations conducted by Permittee, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Permittee’s activities under this agreement, the Permittee shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

III SUSPENSION OR TERMINATION
This Permit for non-aviation-related activities may be immediately suspended at any time for a violation of any of the conditions of approval as set forth herein. Written notice of suspension shall be given to Permittee, or that person then in-charge of conducting Permittee’s activities on the Airport, by the City. The notice shall set forth the specific violation for which the immediate suspension is imposed. Permittee agrees that, upon receipt of written notice of suspension from the City, it will immediately cease and suspend all their activities on the Airport.

City agrees to cooperate with Permittee in their efforts to remedy or to address the violation cited in the notice of suspension. If and when such violation has been addressed to the satisfaction of the City, a written notice of Permit reinstatement shall be given to Permittee.

This Permit may be terminated by action of the City.

If cancellation for convenience of the event is effected by Permittee, Permittee shall pay to the City an equitable charge for services or other work performed. The equitable charge for termination for Permittee’s convenience shall provide for payment to the City for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the City relating to written commitments that were executed prior to termination.

In the event it should become necessary for either party to enforce or interpret any of the terms and conditions of this Permit by means of court action or administrative enforcement, the laws of the State of California shall govern the interpretation of the terms and conditions of this Permit and such action shall be brought in a court of proper jurisdiction in Madera County, the prevailing party, in addition to other remedy at law or in equity available to such party, shall be awarded all reasonable costs and reasonable attorney’s fees in connection therewith, including the fees and costs of experts reasonably consulted by the attorney for the prevailing party.

IV NON-TRANSFERABILITY, NO EXCLUSIVE RIGHT, NO RIGHT TOLEASE, NO LONG- TERM

USE CONTEMPLATED BY THE PARTIES
This Permit is non-transferable.

This Permit shall not be construed or interpreted as an “exclusive right” within the provisions of section 308a of the FAA Act of 1958, as amended.

This Permit is not and may not be construed as a lease of any City property, nor does it convey any right to such a lease.

In the event of a request or action by the FAA to cease or terminate the activities as set forth in this Special Activity Permit, such permit shall become immediately null and void without requirement of any further action by the City Council.

V NOTICE
All notices and other communications required to be given under this Permit shall be in writing and shall be delivered at the addresses set out herein. Notice may be given by personal delivery, recognized overnight courier, by United States mail or by facsimile transmissioninthemannerset forthbelow.Notice shallbe deemed to have been duly given (a) if by personal delivery, on the first to occur of the date of actual receipt or refusal of delivery by any person at the intended address, (b) if by overnight courier, on the first (1st) Business Day after being delivered to a recognized overnight courier, (c) if by mail, on the third (3rd) Business Day after being deposited in the United States mail, certified or registered mail, return receipt requested, postage prepaid, or (d) by facsimile transmission shall be deemed to have been given on the next business day after being transmitted, as evidenced bythe confirmation slip generated by the sender’sfacsimile machine addressed as follows:

If to the City: City of Madera
Attn: Public Works Director 1030 South Gateway Drive Madera, CA 93637 Facsimile: (559) 661-0760
If to Permittee; Porsche Club of America
Attn: Edwin Suarez, Sequoia Chapter President 4125 W Ellery Way Fresno, CA 93722
E-mail: [email protected]
Orto such other address as either partymay fromtime to time specify asits addressforthe receipt of notices hereunder, in a notice to the other party. Notices given by an attorney shall be deemed to constitute notice from that party.

VI AUTHORITY
The individuals executing this Airport Special Activity Permit on behalf of the City of Madera and Porsche Club of America represent and warrant that he or she is duly authorized to execute and deliver this permit on behalf of said entity and that this Permit is binding upon said entity in accordance with its terms.

THIS CERTIFICATE IS TO NOTIFY requester Porsche Club of America that the abovedescribed Conditional Airport Special Activity Permit was approved by the City subject to execution below by Porsche Club of America.

Dated: May 4, 2022

CITY OF MADERA
BY: ______________________________
Santos Garcia, Mayor

PORSCHE CLUB OF AMERICA
BY: ______________________________
Edwin Suarez, Sequoia Chapter President
ATTEST:

Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

Hilda Montoy, City Attorney

EXHIBIT A
SITE PLAN OF RUNWAY 8-26

EXHIBIT B

ACCESS ROUTE TO EVENT LOCATION

EXHIBIT C

FEDERAL AVIATION ADMINISTRATION ASSURANCES
A. COMPLIANCE WITH SPONSOR'S FEDERAL GRANT ASSURANCES: To the extent applicable, Permittee shall comply with all Federal Aviation Administration (FAA) assurances below:

1. The Permittee for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenants and agree that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Agreement for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the Permittee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation- Effectuation of Title VI ofthe Civil Rights Act of 1964, and as said Regulations may be amended.

2. The Permittee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (in the case of leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing ofservices thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination, (3) that the Permittee shall use the premisesin compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-Assisted Programs of the Department of TransportationEffectuationofTitleVI of the Civil Rights Act of 1964, and as said Regulations may beamended.

3. That in the event of breach of any ofthe above nondiscrimination covenants, the City of Madera shall have the rightto terminate the permit and to reenter and repossesssaid land and the facilities thereon, and hold the same as if said permit had never been made or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appealrights.

4. Permittee shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory pricesfor each unit orservice; provided thatthe Permitteemay be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

C-1

5. Non-compliance with Provision 4 above shall constitute a material breach thereof and in the event of such non-compliance the City of Madera shall have the right to terminate this permit and the estate hereby created without liability therefore or at the election of the City of Madera or the United States either or both said Governments shall have the right to judicially enforce Provisions.

6. Permittee agrees that it shall insert the above five provisions in any permit by which said Permittee grants a right or privilege to any person, firm or corporation to render accommodations and/or services to the public on the premises hereinpermitted.

7. The Permittee assuresthatitwillundertake an affirmative action programasrequired by 14 CFR Par 152, Subpart E, to insure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. The Permittee assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Permittee assures that it will require that its covered suborganizations provide assurances to the Permittee that they similarly will undertake affirmative action programs and that they will require assurancesfrom their suborganizations, as required by 14 CFR 152, Subpart E, to the same effort.

8. The City of Madera reserves the right to further develop or improve the landing area of the airport as it sees fit, regardless of the desires or view of the Permittee and without interference or hindrance.

9. The City of Madera reserves the right, but shall not be obligated to the Permittee to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport together with the right to direct and control all activities of the Permittee in thisregard.

10. This permit shall be subordinate to the provisions and requirements of any existing or future agreement between the City of Madera and the United States, relative to the development, operation or maintenance of the airport.

11. There is hereby reserved to the City of Madera, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein permitted. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Madera Municipal Airport.

12. Permittee agreesto comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned forthe permitted premises, or in the event of any planned modification or alteration of any present of future building or structure situated on the permitted premises.

13. The Permittee by accepting this expressly agreesfor itself, itssuccessors and assigns that it will not erect nor permit the erection of any structure or object above the mean sea level elevation of 210 feet. In the event the aforesaid covenants are breached, the City reserves the righttoenter upon the land permitted hereunder and to remove the offending structure or object, all of which shall be at the expense of the Permittee.

14. The Permittee by accepting this permit agrees for itself, its successors and assigns that itwillnot make use of the permitted premises in any manner which might interfere with the landing and taking off of aircraft from the Madera Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the premises hereby permitted and cause the abatement of such interference at the expense of the Permittee.

15. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

16. This permit and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during the time of war or nationalemergency.

C-2

17. The Permittee by accepting this expressly agreesfor itself, itssuccessors and assigns that it will not erect nor permit the erection of any structure or object above the mean sea level elevation of 210 feet. In the event the aforesaid covenants are breached, the City reserves the righttoenter upon the land permitted hereunder and to remove the offending structure or object, all of which shall be at the expense of the Permittee.

18. The Permittee by accepting this permit agrees for itself, its successors and assigns that itwillnot make use of the permitted premises in any manner which might interfere with the landing and taking off of aircraft from the Madera Municipal Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right to enter upon the premises hereby permitted and cause the abatement of such interference at the expense of the Permittee.

19. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

20. This permit and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of said airport or the exclusive or non-exclusive use of the airport by the United States during the time of war or nationalemergency.

C-3

EXHIBIT D

MADERA MUNICIPAL AIRPORT RELEASE AND WAIVER OF LIABILITY,

ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Description and Location of Scheduled Event Date Release Signed IN CONSIDERATION OF BEING PERMITTED TO compete, drive a motor vehicle, spectate, officiate, observe, work, or PARTICIPATE in any way IN THE ABOVE EVENT(S) OR BEING PERMITTED TO

ENTER FOR ANY PURPOSE ANY
RESTRICTED AREA (defined as requiring special authorization, credentials, or permission to enter, or any area to which admission by the general public is restricted or prohibited including but not limited to the competition area and any hot pit or paddock area), EACH OF THE UNDERSIGNED, FOR HIMSELF OR HERSELF, HIS OR HER PERSONAL REPRESENTATIVES, HEIRS, NEXT-OF-KIN:

1. ACKNOWLEDGES, AGREES AND REPRESENTS THAT HE OR SHE HAS OR WILL immediately upon entering any such Restricted Area, and will continuously thereafter, INSPECT THE RESTRICTED AREA which he orshe enters, and he or she further agrees and warrants that, IF AT ANY TIME, he orshe isin or about the Restricted Areas and HEOR SHE FEELS ANYTHING TO BE UNSAFE, HE OR SHE WILL IMMEDIATELY ADVISE THE OFFICIALS OF SUCH and if necessary will leave the Restricted Area AND REFUSE TO PARTICIPATE FURTHER IN THEEVENT(S).

2. HEREBY RELEASES, TO THE FULLEST EXTENT PERMITTED BY LAW, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE, the CITY OF MADERA and the Madera Municipal Airport, PORSCHE CLUB OF AMERICA, the promoters, participants racing associations, sanctioning organizations, or any subdivision thereof, track operators, track owners, officials, competition vehicle owners, drivers, pit crews,rescue personnel, any personsin any Restricted Area,sponsors, advertisers, owners and lessees of premises used to conduct the Event(s), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directions or instructions or engage in risk evaluation or loss control activities regarding the premises or Event(s) and each of them, their councils, directors, officers, agents, employees, and volunteers all for the purposes HEREIN REFERRED TO AS “RELEASEES,” FROM ALL LIABILITY TO

THE UNDERSIGNED, HIS PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT-OF-KIN FOR

ALL LOSS OR DAMAGE, AND ANYCLAIMORDEMANDSTHEREFORONACCOUNTOFINJURYTOTHE

PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR

RELATED TO THE EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES AND EACH OF THEM FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or RELATED TO THE UNDERSIGNED’S INJURY OR DEATH WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OROTHERWISE.

HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK, KNOWN AND UNKNOWN, OF BODILY INJURY, PERMANENT DISABILITY, arising out of or related to the Event(s), INCLUDING MEDICAL OR HOSPITAL BILLS, DEATH OR PROPERTY DAMAGE arising out of or related to the Event(s) whether CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.

4. HEREBY ACKNOWLEDGES THAT THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of seriousinjury and/or death and/or property damage. Each of

THE UNDERSIGNED, ALSO EXPRESSLY ACKNOWLEDGES THAT INJURIES RECEIVED MAY BE

COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

5. HEREBY AGREES THAT THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK,

AND INDEMNITY AGREEMENT EXTENDS TO ALL ACTS OF NEGLIGENCE BY THE RELEASEES,

INCLUDING NEGLIGENT RESCUE
OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force andeffect.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY

AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL

RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUTANY

INDUCEMENT,ASSURANCEORGUARANTEEBEINGMADETOME AND INTEND MY SIGNATURE TO BE

A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

CAUTION
THIS IS A RELEASE OF LEGAL RIGHTS – READ & UNDERSTAND BEFORE SIGNING D-1

ALL SECTIONS MUST BE COMPLETED
PRINT NAME HERE SIGN NAME HERE CAPACITY [driver, pit crew, spectator, etc.]

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

15. 16.

17. 18.

19. 20.

Signature and Titleof Witness Address of Witness Date Signature(s)witnessed D-2

EXHIBIT E
Insurance Requirements for Porsche Club of America Special Event at the Madera Municipal Airport
Without limiting Permittee’s indemnification of City, and prior to commencement of occupation of the site for special event purposes, Permittee shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shallrequire any and all Sub Permittees and Subconsultants 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
Permittee shall maintain limits no less than:
$2,000,000 General Liability (including operations, products and completed operations) per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.

All General Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be named as additional insureds under such policies and shall be at least as broad as CG 20 10. All General Liability policies shall also be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
$2,000,000 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 Permittee arising out of or in connection with activities 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.

Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Permittee shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor ofthe City, it’s officers, agents, employees, and volunteers.

Maintenance of Coverage
Permittee 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 activities hereunder by Permittee, his agents, representatives, employees, sub Permittees or subconsultants as specified in this Agreement.

E-1
Proof of Insurance
Permittee 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 activities. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reservesthe 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 to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Permittee, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Permittee hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or sub Permittees.

Enforcement of Contract Provisions (non estoppel)
Permittee acknowledges and agrees that any actual or alleged failure on the part of the City to inform Permittee 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 these requirements 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 isfor 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 Permittee maintains higherlimitsthan theminimumsrequired above,the entity shall be entitled to coverage at the higher limits maintained by Permittee.

Notice of Cancellation
Permittee 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 the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.

E-2
Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

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

Additional Insurance
Permittee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary forits proper protection and prosecution of the Activities.

E-3

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 2022
_________________________________
Dan Foss, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 4 to CA Pacific Investments, LLC Lease Agreement RECOMMENDATION:

Adopt a resolution approving Amendment No. 4 to Lease Agreement between the City of Madera and CA Pacific Investments, LLC relating to lease financing SUMMARY:

On October 4, 2006, the City Council (Council) approved a 40-year land lease agreement with CA Pacific Investments, LLC. Since the approval of the original lease, Council has approved three amendments. Table 1 summarizes the amendments.

Table 1: Amendments to the original agreement
# Council action Summary
1 Nov. 19, 2008 Authorized the self-fueling of the tenant’s aircraft, sale of fuels to the public, and onsite fuelstorage.
2 Aug. 5, 2009 Tenant leased additional property; from 24,375 sf to 46,200 sf. The term of the agreement was extended by 3 years from 2046 to 2049.

The lease rate was also adjusted.
3 Aug. 4, 2021 Tenant leased additional property to construct a new hanger. 4 May 4, 2022 Will implement leasehold financing and general provisions regarding rent, notices, and standard provisions which are important in the event of default.

On March 23, 2022, the tenant notified staff of their desire to enter into a fourth amendment to add leasehold financing and certain general provisions.

Agenda Number: _______
B-6
Figure 1: Approximate boundary of subject site at the Madera Municipal Airport DISCUSSION:

Leasehold financing is a common method of tenant financing under a ground lease. Leasehold financing is a loan obtained by the tenant that is secured by a deed of trust (mortgage or other security instrument) encumbering the tenant’s leasehold interest under the ground lease and its interest in the land and improvements. For a ground lease to be financeable, it must contain certain specific provisions which will protect the lender from the termination of the ground lease – its security for the loan.

A lender takes a greater risk with a trust deed against a leasehold interest than a fee because the leasehold interest could be terminated by the landlord under certain conditions. If the leasehold is terminated, then the security under the trust deed is gone and the lender holds an unsecured debt. Accordingly, the lender wants to have some assurances directly from the landlord so that, if the tenant/borrower defaults under the ground lease, that the lender will have the opportunity to step in and cure the default and preserve the ground lease.

Common provisions include that the landlord will provide written notice to the lender of any default notice to the tenant/borrower, that the landlord will accept cure by the lender and if cure is not possible, that the lender will promptly commencing to foreclose, and similar provisions.

With this request from the tenant, staff has taken the opportunity to add provisions regarding rent. This includes:
 Should the tenant not pay timely, the tenant must pay a late charge of 5 percent of the monthly rent. Currently, the tenant pays $883.33 monthly, thus a $44.17 late fee would apply.
 If still not paid within 20 days of when due, the amount shall bear interest at the rate of five percent until paid.

Standard provisions which are important especially in the event of default were also added. The notice provision was also updated to reflect the address change for notices between the lessor and tenant.

In consultation with the City Attorney, the City would not expose itself to any potential liability by entering into the 4th amendment. Rather by not entering the 4th amendment, the tenant could enter default since they would be holding on to an unsecured debt.

FINANCIAL IMPACT:

The Madera Municipal Airport is an Enterprise Fund and all funds received are invested back into the airport. Currently, the airport generates $10,600 per year from this hangar lease and these funds are reinvested back into the airport. Said funds are used to maintain the airport, repay bond debt, staff salaries, utilities, etc.

ALTERNATIVES:

Should Council elect not to adopt this Resolution, it could hinder the financial ability of the tenant to finance future projects at the airport. By not adopting the resolution, it could send the tenant into default since no leasehold financing provisions will be involved with the lease, resulting in an unsecured debt.

ATTACHMENTS:

1. Resolution

2. Amendment No. 4 to Lease Agreement
RESOLUTION NO.

RESOLUTION APPROVING AMENDMENT NO. 4 TO LEASE AGREEMENT

BETWEEN THE CITY OF MADERA AND CA PACIFIC INVESTMENTS, LLC

RELATING TO LEASE FINANCING
WHEREAS, in 2006, Lessor and Madera Aviation Group, LLC, a California limited liability company entered into that certain Lease Agreement #1 dated October 4, 2006; and WHEREAS, amendment #1 was executed by Lessor and Original Tenant and recorded on November 21, 2008; and
WHEREAS, amendment #2 was executed by Lessor and Original Tenant and recorded on August 17, 2009; and
WHEREAS, amendment No. 3 was executed by Lessor and Original Tenant and recorded on September 2, 2021; and
WHEREAS, the City received a Request for Assignment of Hangar Lease from Madera Aviation Group, LLC, seeking the City’s consent and approval of the assignment from Madera Aviation Group, LLC to CA Pacific Investments, LLC and this request was approved by Council on April 19, 2022; and
WHEREAS, amendment No.4 will implement leasehold financing provisions to the lease along with additional provisions regarding rent and general and notice provisions.

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 approves of Amendment No. 4 To Lease Agreement Between the City of Madera and CA Pacific Investments, LLC (Airport Property) as attached hereto and incorporated by reference.

3. The City Clerk with approval of the City Attorney Manager is authorized to make any clerical and non-substantive edits to the Agreement.

4. This resolution is effective immediately upon adoption. * * * * * * * * * *
----
1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Madera
205 West 4th Street
Madera, CA 93637
Attention: City Clerk
APN. _________________ Space Above for Recorder’s Use Only Exempt from filing/recording fees per Govt Code §27383
AMENDMENT NO. 4 TO LEASE AGREEMENT
BETWEEN THE CITY OF MADERA AND CA PACIFIC INVESTMENTS, LLC. (AIRPORT PROPERTY)
This AMENDMENT NO. 4 TO LEASE AGREEMENT (this “Fourth Amendment”) is made as of May 4th, 2022 (“Agreement Date”) by and between City of Madera, a municipal corporation of the State of California (“Lessor”) and CA Pacific Investments, LLC, a California limited liability company (“Current Tenant”).

RECITALS
A. Lessor owns that certain real property located at 4181 Aviation Drive, in the City of Madera, County of Madera, State of California as legally described on Exhibit A attached hereto and incorporated herein by reference (“Premises”).

B. In 2006, Lessor and Madera Aviation Group, LLC, a California limited liability company (“Original Tenant”) entered into that certain Lease Agreement #1 – Airport Property Madera Aviation Group LLC) dated October 4, 2006 which was recorded on October 25, 2006 as Instrument No. 2006048022 in the Official Records of Madera County (“Official Records”) which was amended as follows:
(i) “Amendment #1 Lease Agreement – Airport Property Madera Aviation Group, LLC – November 19, 2008” executed by Lessor and Original Tenant which was recorded on November 21, 2008 as Instrument No. 2008040424 in the Official Records;
(ii) “Amendment #2 Lease Agreement #1 - Airport Property - Madera Aviation Group, LLC – August 5, 2009” executed by Lessor and Original Tenant which was recorded on August 17, 2009 as Instrument No. 2009026694 in the Official Records; and
(iii) “Amendment No. 3 to Lease Agreement between The City of Madera and Madera Aviation Group, LLC (Airport Property)” executed by Lessor and Original Tenant which was recorded on September 2, 2021 as Instrument No. 2021027902 in the Official Records.
2 The Original Lease as amended is hereinafter referred to as the “Original Lease.”
C. Original Tenant assigned the Original Lease to Current Tenant pursuant to that certain “Assignment of Lease” dated January 19, 2022 executed by Original Tenant, “Acceptance of Assignment” dated January 19, 2022 executed by Current Tenant, and “Consent and Approval” executed by Lessor dated January 19, 2022 which was recorded on February 7, 2022 as Instrument No. 2022003512 in the Official Records.

D. Current Tenant and Lessor desire to enter into this Fourth Amendment to add Leasehold Trust Deed provisions and certain general provisions.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. EFFECTIVE DATE. This Fourth Amendment shall be effective on the date that an executed and acknowledged copy is recorded in the Official Records.

2. DEFINITIONS. All defined terms in this Amendment shall have the same meaning as in the Original Lease except as otherwise specifically defined in this Fourth Amendment.

3. AMENDMENTS TO ORIGINAL LEASE.

3.1 Rent. Section 3 is amended to add the following: “All sums due from Tenant under this Lease are referred to as “rent.” If any rent that is not received by Lessor by the due date, Tenant shall pay to Lessor an additional sum of five percent (5%) of the overdue amount as a late charge, which is agreed to represent a reasonable estimate of the costs incurred by Lessor on account of such delinquency. Acceptance of a late charge shall not constitute a waiver of Tenant's failure to pay the overdue amount or prevent Lessor from exercising any of the other rights and remedies available to Lessor.”

3.2 Notice. Section 30 is amended to change the address for notice as follows:

Lessor: City of Madera
205 West 4th Street
Madera, CA 93637
Attn: City Manager
With a copy to: City of Madera
205 West 4th Street
Madera, CA 93637
Attn: City Attorney
3 Tenant: CA Pacific Investments, LLC.
8050 North Palm Ave. Ste. 300
Fresno, CA 93711
Attn: Albert Buccieri, Manager

3.3 New Section 31. A new Section 31 is added to hereby added to the Original Lease as follows:
“31. Leasehold Financing. Provided Tenant is not in default of this Lease pursuant to Section 23 (“Default”), Tenant shall have the right, from time to time, to finance its leasehold interest to be secured by a deed of trust or mortgage (“Leasehold Trust Deed”) and Lessor agrees to the following provisions for the protection of the holder of the Leasehold Trust Deed or deed of trust (“Leasehold Lender”). Upon Lessor receiving written notice from Tenant and a Leasehold Lender providing a recorded copy of Leasehold Trust Deed and contact information for the Leasehold Lender, the following provisions will apply.

A. Right to Receive Notices. Lessor shall provide to Leasehold Lender a copy of each notice given by Lessor to Tenant at the same time as and whenever any such notice will be given by Lessor to Tenant.

B. Right to Perform on Tenant's Behalf. Lessor agrees to accept performance by the Leasehold Lender of any term, covenant, condition, or limitation to be performed and observed under this Lease by Tenant, with the same force and effect as though performed and observed by Tenant.

C. Time Period for Performance. Performance by the Leasehold Lender pursuant to this provision must occur within the time stated in the Lease for Tenant to cure a Default, plus (1) an additional period of three (3) days with respect to a Default by Tenant in the payment of a sum of money due under the Lease, or (2) with respect to any Default by Tenant other than a default in the payment of money, either (a) an additional period of three (3) days, or (b) such additional period (including time promptly and diligently to obtain possession, if necessary, in order to cure the Default) as may be needed to remedy the Default, provided that in the latter case, the Leasehold Lender delivers to Lessor within five (5) days after the expiration of the grace period applicable to the Default (i) an instrument unconditionally agreeing to promptly and diligently remedy such Default to the extent that such Default is capable of being remedied by Leasehold Lender (other than a Default not susceptible of being remedied by Leasehold Lender), and (ii) if the Leasehold Lender guaranteeing the remedying of such Default is not an institution, such security as Lessor reasonably requires to assure the remedying of such Default.

D. Acceptance of Cure. Lessor agrees that the curing or remedying of any Default by Leasehold Lender within the time stated above will be 4 deemed the equivalent of a cure or remedy by Tenant pursuant to this Lease. In addition, with respect to any Default that cannot be cured by Leasehold Lender until it obtains possession, or which is not susceptible of being cured by Leasehold Lender, Lessor agrees to take no action to terminate this Lease or invoke its right under this Lease until said Leasehold Lender will have been given a reasonable time to obtain possession and to cure such Default (other than Defaults not susceptible of being cured by said Leasehold Lender).

However, Lessor's agreement not to terminate or take possession is conditioned on the following:
i. Leasehold Lender will supply to Lessor the instruments guaranteeing the remedying of any Default as specified above. ii. Leasehold Lender must fully perform all the obligations of Tenant under this Lease that can be performed without possession of the Premises (other than any Default not susceptible of being cured by the Leasehold Lender).
iii. Leasehold Lender diligently proceeds, in good faith, to (1) enforce its remedies under the Leasehold Trust Deed so as to obtain possession; or (2) foreclose its Leasehold Trust Deed or otherwise acquire Tenant's leasehold estate.
iv. If Leasehold Lender obtains possession of the Premises (during the time it is enforcing its foreclosure remedy or as a result of it), then Leasehold Lender must promptly and diligently cure all defaults of Tenant under this Lease that are susceptible of being cured by such Leasehold Lender and that remain uncured.

Thereafter, while in possession, Leasehold Lender will perform fully all of Tenant's obligations under this Lease. The term "possession" as used in this Section includes possession by Leasehold Lender through a receiver.”

3.4 New Section 32. A new Section 32 is hereby added to the Original Lease as follows:
“32. Miscellaneous.

A Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.

B. No Prior or Other Agreements. This Lease contains all agreements between the parties with respect to any matter mentioned herein and no other prior or contemporaneous agreement or understanding shall be effective except as specifically stated herein.

C. No Right to Holdover. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier 5 termination of this Lease.

D. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

E. Covenants and Conditions. All provisions of this Lease to be observed or performed by a party are both covenants and conditions.

F. Binding Effect; Choice of Law. This Lease shall be binding upon the parties, their successors and assigns and be governed by the laws of the State of California. Any litigation between the parties hereto concerning this Lease shall be initiated in the Superior Court of the State of California for the County of Madera.

G. Signs. Tenant shall not place any sign upon the Premises, except that Tenant may, with Landlord’s prior written consent, install such signs as may be reasonably required to advertise its operations authorized under this Lease provided that Tenant complies with all applicable City ordinances at its own cost and expense.

H. Termination; Merger. Unless specifically stated otherwise in writing by Landlord, the voluntary or other surrender of this Lease by Tenant, the mutual termination or cancellation hereof, or a termination hereof by Landlord for default by Tenant, shall automatically terminate any unauthorized sublease or lesser estate in the Premises, provided, however, Landlord shall, in the event of any such surrender, termination or cancellation, have the option to continue any or all existing subtenancies pursuant to the terms thereof.

I. Quiet Possession. Upon payment by Tenant of the rent for the Premises and the observance and performance of all of the covenants, conditions and provisions on Tenant’s part to be observed and performed under this Lease, Tenant shall have quiet possession of the Premises for the entire Term hereof subject to all of the provisions of this Lease.

J. Holding Over. This Lease shall terminate without further notice upon the expiration of the Term, and any holding over by Tenant after the expiration of the Term shall not constitute a renewal hereof or give Tenant any rights hereunder or in or to the Premises, except as otherwise herein provided, it being understood and agreed that this Lease cannot be renewed, extended or in any manner modified except in writing executed by both parties and recorded in the Official Records.

K. Security Measures. Tenant hereby acknowledges that the rent hereunder does not include the cost of guard service or other security measures, and that Landlord shall have no obligation whatsoever to provide same. Tenant assumes all responsibility for the protection of the 6 Premises, Tenant, its subtenants, agents and invitees and the Premises from the acts of third parties.

L. Interest. In addition to the late charge provided in Section 3, any monetary payment due Landlord, other than late charges, not received by Landlord within twenty (20) days following the date on which it was due shall bear interest from the twenty-first (21st) day after it was due until paid in full at the rate of five percent (5%) but not in excess of the maximum rate permitted by applicable law.

M. Authority. Each individual executing this Lease on behalf of a party represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf, and they shall deliver to the other party evidence satisfactory to that party of such authority.

N. Amendments. This Lease may be modified or amended only in writing, executed and acknowledge by both parties in interest at the time of the modification or amendment and recorded in the Official Records.

Any modifications or amendments are subject to the applicable obligations set forth in Section 31.”

4. FULL FORCE AND EFFECT. Except as modified by this Fourth Amendment, the Original Lease shall remain in full force and effect in all respects without any modification.

5. AUTHORITY. Each individual executing this Fourth Amendment on behalf of Tenant represents, warrants and covenants to Lessor that (a) Tenant is duly formed and authorized to do business in the state of its incorporation, (b) such person is duly authorized to execute and deliver this Fourth Amendment on behalf of Tenant in accordance with authority granted under the organizational documents, and (c) Tenant is bound under the terms of this Amendment.

6. COUNTERPARTS. This Fourth Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.

7. RECORDATION OF AMENDMENT. Promptly following execution of this Fourth Amendment by Lessor, Lessor shall cause this Fourth Amendment to be recorded in the Official Records and promptly deliver a copy to Tenant. [SIGNATURES ON FOLLOWING PAGE]
7 IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed as of the Agreement Date.

TENANT LESSOR
CA PACIFIC INVESTMENTS, LLC, a
California limited liability company
By________________________
Albert Martin Buccieri III
Managing Member
CITY OF MADERA, a municipal
corporation of the State of California
By:

Santos Garcia, Mayor
ATTEST
______________________
_____________, City Clerk
APPROVED AS TO FORM:

By:

Hilda Cantu Montoy
City Attorney
1 Exhibit A

LEGAL DESCRIPTION OF PREMISES
That certain real property in the City of Madera, County of Madera, State of California legally described as follows:

Commencing at the Southwest comer of Section 10, Township 11 South, Range 1 7 East, Mount Diablo Base and Meridian. Basis of Bearing, the South line of said Section 10 as South 45°05'03" West; thence North 36°27'53" West, a distance of3,258.77 feet; thence South 25°35' 47" West, a distance of 431.29 feet; thence South 89°48'37" West, a distance of 440.12 feet; thence North 0°11 '23" West, a distance of90.13 feet; thence South 89°48'37" West, a distance of 162.00 feet to the POINT OF BEGINNING; thence North 00°11 '23" West, a distance of 125.00 feet; thence South 89°48'37" West, a distance of 374.00 feet; thence South 0°11 '23" East; a distance of 125.00 feet; thence North 89°48'37" East, a distance of 374.00 feet to the POINT OF BEGINNING Containing 1.07 acres, more or less.
1 STATE OF CALIFORNIA )
)
COUNTY OF __________ )
On___________________, 2022 before me, ________________________, Notary Public, personally appeared ______________________________________________, personally known to me (or 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.

Witness my hand and official seal.
____________________________________
Notary Public
[SEAL]
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. 1 STATE OF CALIFORNIA )
)
COUNTY OF _________ )
On___________________, 2022 before me, ________________________, Notary Public, personally appeared ______________________________________________, personally known to me (or 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.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: May 4, 2022
Agenda Number:

Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Actions Relating to Pecan Square Subdivision (Tract No. 20-S-02):

1. Final Map for Pecan Square Subdivision (Tract No. 20-S-02) and Improvement Agreement RECOMMENDATION:

Staff recommends that the Council:

1. Adopt Resolution:
a. Approving the Final Map for the Pecan Square Subdivision. b. Approving Improvement Agreement for the Pecan Square Subdivision (Tract No. 20-S02). c. Authorizing staff to record the Final Map and Agreement for the Construction of Improvements for the Pecan Square Subdivision (Tract No. 20-S-02). d. Accepting the Dedication of Land for Public Use.

SUMMARY:

On May 12, 2020, the City’s Planning Commission approved Tentative Subdivision Map No. TSM 2019-03 for the Pecan Square Subdivision (“Project”). On December 8, 2020, the City’s Planning Commission approved TPM 2019-03 MOD, an amendment to the Conditions of Approval for the Pecan Square Subdivision. The Proposed Resolution relates to approval of the Final Map and the Subdivision Improvement Agreement (“Improvement Agreement”) for the Project.

DISCUSSION:

The Final Map for the Project has been checked and approved by the City Engineer. The Final Map substantially complies with the approved tentative map. Prior to recordation of the Final Map:

B-7
 Annexation of the Project into Landscape and Lighting Assessment District Zone of Benefit 8 of City-Wide Landscape Maintenance District (LMD) shall be completed through a separate action to be presented to the City Council (Council)  Annexation of the Project into the City’s Community Facilities District (CFD) shall be completed through a separate action to be presented to the Council  All taxes will be paid
 Bonds and insurance requirements will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.

FINANCIAL IMPACT:

The Subdivision is included in the City’s Community Facilities District (CFD) to offset any impacts to the City’s General Fund. The Subdivider has also paid the required fees for the plan checking and inspection of the installation of required improvements for the subdivision.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Subdivisions are not specifically addressed in the vision or action plans. However, some components are consistent.

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

ALTERNATIVES:

Not approve one or both items associated with this Staff Report. If Council does not approve the Final Map and the execution of the Agreement, it would result in the inability to record the Final Map and for the Subdivider to complete the project. Disapproval will require the Council to make certain findings that specific conditions have not been met.

ATTACHMENTS:

1. Resolution – Approving Final Map
Exhibit A – Improvement Agreement
Exhibit A – Legal Description
Exhibit B – Development Impact Fees

2. Project Location Map
Attachment 1
Resolution
Final Map and Improvement Agreement
RESOLUTION NO. 22-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MADERA, CALIFORNIA, APPROVING THE FINAL MAP FOR
THE PECAN SQUARE SUBDIVISION (TRACT NO. 20-S-02) AND

IMPROVEMENT AGREEMENT (AGREEMENT)
WHEREAS, D.R. Horton CA3, Inc., a Delaware Corporation, (collectively “Subdivider”) has offered for approval a Final Map designated as Tract No. 20-S-02; and WHEREAS, the Planning Commission on May 12, 2020 adopted a negative declaration consistent with Section 15070(a) of the California Environmental Quality Act for the Pecan Square Subdivision as part of Tentative Subdivision TSM 2019-03; and WHEREAS, the Final Map for the Pecan Square Subdivision, prepared by Quad Knopf, Inc., for Subdivider has been certified by the City Engineer that all provisions of the law and of Chapter 2 of Title 10 of the Madera Municipal Code have been complied with and that said subdivision as shown is substantially the same as it appears on the tentative map thereof heretofore approved by the Planning Commission of the City of Madera on May 12, 2020 and complies with the Conditions of Approval as amended on December 8, 2020; and
WHEREAS, prior to the delivery of said map and prior to its recordation, the Owner and Subdivider of said subdivision shall enter into and the execute an agreement between the City and said Owner and Subdivider for said subdivision which is on file in the office of the City Clerk entitled, “Improvement Agreement Pecan Square Subdivision (Tract No. 20- S-02),” wherein the Subdivider, in consideration of the approval of said map by the City and the acceptance by the City of the dedication of lands for public use therein contained, shall agree to construct and complete within the time specified in said Agreement all street and other improvements required of Subdivider under the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and the preparation of maps thereof, and such street or other improvements designated or mentioned in said Agreement and/or set forth in the plans and specifications for the improvements for the Pecan Square Subdivision is on file in the office of the City Engineer; and
WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk a good and sufficient improvement security in a form to be approved by the City Attorney, securing the faithful performance by said Subdivider of all work and the construction of all improvements designated as required in the Improvement Agreement, and also security in form to be approved by the City Attorney securing the payment by said Subdivider of all bills for labor and materials incurred in the construction of any and all said improvements, and the doing of all other work therein agreed to be done by said Subdivider, within the time therein specified, the amount of said improvement securities are to be not less than Five Million Thirty-Three Thousand Five Hundred Eighty-Two Dollars and Sixty-One Cents ($5,033,582.61), equivalent to that of the Performance Security, Payment Security and cash Deposit for Correction of Deficiencies combined; and
WHEREAS, Subdivider shall, and as a condition precedent to the recordation of said Final Map, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance as required in the Improvement Agreement.

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 Final Map for the Pecan Square Subdivision (Tract No. 20-S-02) is approved.

3. The agreement entitled “Improvement Agreement Pecan Square Subdivision (Tract No. 20-S-02)” for the construction of improvements for the Pecan Square Subdivision is approved and attached as Exhibit “A.” A copy of the Agreement shall be kept on file in the office of the City Clerk.

4. The Staff is authorized to record the Final Map and Agreement for the construction of improvements for the Pecan Square Subdivision (Tract No. 20-S-02) subject to receipt of the bonds and insurance required by the Agreement.

5. The dedication of lands for public use is accepted.

6. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Improvement Agreement
1 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

IMPROVEMENT AGREEMENT

PECAN SQUARE SUBDIVISION
(TRACT NO. 20-S-02)
THIS IMPROVEMENT AGREEMENT (“Agreement”) is entered into this ___ day of _____, 2022, (the “Effective Date”) by and between the City of Madera, a municipal corporation of the State of California, hereinafter referred to as “City”; and D.R. Horton CA3, Inc., a Delaware Corporation, hereinafter referred to as “Subdivider” or “Owner” (individually a “Party” and collectively the “Parties”).

RECITALS
A. Owner has filed with City a certain subdivision map of a proposed division of land known as FINAL MAP OF TRACT NO. 20-S-02 PECAN SQUARE SUBDIVISION, recorded _________________, in Book ___, Pages ___ through ___, recorded as document no. __________ Madera County records, situated in the City of Madera, County of Madera, State of California (the “Subject Property”) owned by Owner, located within the corporate limits of the City, and more particularly described as set forth in Exhibit “A.” A copy of said Tentative Tract Map No. 2019-03 and its Conditions of Approval (“Tentative Map”) is on file with the City Clerk.

B. The City has conducted the appropriate environmental review of the proposed subdivision; the Planning Commission has determined the proposed subdivision is consistent with the City’s general plan in that the land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan; and the Planning Commission has recommended approval of the proposed Tentative Map as conditioned.

C. City requires as a condition precedent to the acceptance and approval of the Final Tract Map the dedications or deeds of such streets, highways, and public places for all areas delineated on said map for street and other public purposes as required under the Madera Municipal Code, this Agreement, and the Tentative Map.

D. Owner is required to construct certain street, utility, and public improvements within 2 the boundaries of said Final Tract Map. Owner shall, at the Owner’s own cost and expense, construct all of the improvements, mentioned, all in accordance with and to the extent and as provided in those certain plans entitled, “Tract No. 20-S-02 – Pecan Square,” as approved by the City Engineer and on file with the City Engineer of the City of Madera and the City of Madera Plans and Specifications, as amended. Said work shall include but shall not necessarily be limited to, all of the following: asphalt concrete paving, aggregate base, concrete curb and gutters, sidewalks, water and sewer mains, water and sewer services, storm drainage facilities, street lights, fire hydrants, gas, electric and communication lines, landscape district improvements, implementation of any and all Best Management Practices (BMP’s) as outlined in the City’s Storm Water Quality Management Program and Storm Water Pollution Prevention Plan on file in the office of the City Engineer, implementation of any and all BMP’s to prevent the infiltration of storm water into the City’s sanitary sewer collection system, and all other work, improvements or construction required by or mentioned in the above referenced plans and specifications and all appurtenances reasonably necessary to complete the aforementioned improvements. Except for streets not having direct residential access, installation of sidewalks may be deferred and constructed with residential development subsequent to the acceptance of the subdivision improvements so long as each and every house has an ADA accessible route to a collector or arterial adjacent to the subdivision prior to occupancy of any house.

E. Reference is made hereby to (a) that certain subdivision map entitled, “Final Map of Tract No. 20-S-02 Pecan Square Subdivision,” (b) improvement construction plans, (c) those certain specifications on file in the office of the City Engineer entitled, “City of Madera Standard Plans and Specifications,” and (d) “Madera Irrigation District Standards,” as may be applicable this project, for a more particular description of the work and improvements generally outlined in this Agreement. Said subdivision map, plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this Agreement by reference thereto.

F. Owner desires and agrees to complete the improvements and subdivide the Subject Property through the Subdivision Map Act process.

G. City Council approval of said Final Tract Map to divide the property and acceptance of the dedications therein offered are subject to and on the condition precedent that Owner first enter into and execute this Agreement with the City and provide the City with all other things as required herein and/or as required by the City.

H. Recordation of said Final Tract Map to divide the property therein offered are subject to and on the condition precedent that Owner first provide the City with such bonds, improvement securities, monies, insurance and Homeowners Association as required herein and/or as required by the City.
3 AGREEMENT
In consideration of the approval of the foregoing recitals which are made a substantive part of this Agreement and in consideration of the approval of the abovementioned Final Tract Map by City for filing and recording as provided and required by law, Subdivider/Owner and City do hereby mutually agree as follows:

ARTICLE I. GENERAL PROVISIONS
A. AGREEMENT
This Agreement is entered into pursuant to California Government Code Section 66410 et seq. (“the Subdivision Map Act”), and Section 10-2.701 et seq. of Chapter 2 of Title X of the Madera Municipal Code. The provisions of this Agreement and the improvements to be constructed as required by the Subdivision Map Act and this Agreement are necessary and proper to safeguard and serve the public health, safety and welfare.

B. DEFINITIONS
Wherever used in the Agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:

1. “Engineer” shall mean the City Engineer of the City of Madera, or duly authorized representative.

2. “Inspector” shall mean the City Engineer of the City of Madera, or his duly authorized representative.

3. “Standard Specifications” shall mean the City of Madera Standard Specifications, including attached details and amendments thereto.

4. “Division” shall mean and include the real property shown and described on the subdivision map as being divided into parcels, including street areas of adjacent existing public streets to the center lines thereof.

5. “Improvements” shall mean all work and improvements, depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, concrete, paving, fencing, landscaping, irrigation, grading, and traffic signals.

C. DEVELOPMENT FEES

1. Development Impact Fees: Owner is obligated to pay all Development Impact Fees for sewer, wastewater treatment plant, water, storm drainage, parks, administrative, fire, general government, police, public works, streets, transportation and traffic signals in the amounts shown in the City’s Master Fee Schedule, section “Development Impact Fees” on Exhibit “B” attached hereto and incorporated by reference. The impact fees shall be paid at time of application for each individual building permit in accordance with the fees in 4 place at the time of application.

2. Other Fees: In addition, Owner is obligated to pay plan check, improvement inspection, grading permit, building permit, encroachment permit, and similar miscellaneous fees as well as drainage and other utility fees required under the Madera Municipal Code and any resolution establishing fees and charges.

3. Fee Adjustments:
a) Development Impact Fees - In the event impact fees are updated as a result of recommendation included within any future Development Impact fee Study Report, Owner shall pay those adjusted fees with each building permit secured following adoption of said fees by the City Council.
b) Other Fees - In the event the improvements are not completed as set forth in Article II, Section D of this Agreement and an extension is secured by Owner, the City reserves the right to adjust the fees to those prevailing at the time of construction.

D. INDEMNIFICATION
Indemnity for Professional Liability: When the law establishes a professional standard of care for Owner’s activities to the fullest extent permitted by law, Owner shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Owner (and its Subcontractors), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Owner (and its Subcontractors) and the City in the performance of professional activities under this agreement.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Owner shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Owner or by any individual or City for which Owner is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Owner, except when caused by the active negligence, sole negligence, or willful misconduct of City. 5 E. INSURANCE
Prior to the recordation of the Final Map, Owner or Owner’s contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of City insuring City and the City Engineer, their officers, agents and employees against loss or liability which may arise during the work or which may result from any of the work herein required to be done, including all costs of defending any claim arising as a result thereof. The minimum limits of such policy shall be in the amount of Five Million Dollars ($5,000,000.00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Owner or its contractors and City and the City Engineer, their officers, agents and employees shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. Any policy required by the Encroachment Permit shall include coverage for underground explosion and collapse. Said policy shall state by its terms and by an endorsement that said policy shall not be canceled until City shall have had at least thirty (30) days’ notice in writing of such cancellation.

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.

F. NOTICE OF COMPLETION
The offers of dedication made on the Subdivision Map shall remain open but will not be accepted by the City until the City Council accepts the Improvements and authorizes the recording of a Notice of Completion. The City may accept such offers in its sole discretion at any later date without further notice to Owner. Until such time as City formally accepts the Improvements and any lands, rights of way or easements, Owner shall be responsible to maintain such lands, rights of way, easements and improvements in a safe condition and good repair.

Owner agrees that the use of any or all streets and improvements specified in this Agreement shall be at all times, prior to the final acceptance of the subdivision by City, at the sole and exclusive risk of Owner, and the issuance of any occupancy permits by City for dwellings located within the subdivision shall not be construed in any manner to be an acceptance or approval of any or all of the streets and improvements in the subdivision, or that stage of development of the streets and improvements represented by their condition at the time of issuance of any occupancy permits, or any stage of their development 6 reached during the period commencing with the issuance of any occupancy permit and terminating upon the final acceptance of the tract.

G. BONDS AND OTHER SECURITY
Prior to recording the Final Map, or unless otherwise indicated, Owner shall furnish to the City performance guarantees as provided herein. Bonds or other security instruments shall be maintained in full force and effect during the term of this Agreement and may be released, in whole or in part, only upon the written approval of the City Engineer whose actions shall be reasonable and consistent with the provisions of this Agreement. Owner shall provide the following as security:

1. Performance Security. Owner shall provide to City performance security in an amount no less than Three Million Three Hundred Thirty-Three Thousand Four Hundred Ninety-Eight Dollars and Forty-Two Cents ($3,333,498.42) which amount is equal to one hundred percent (100%) of the total estimated cost of all required work to be completed as required in this Agreement. Said performance security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.

2. Payment Security. Owner shall provide to City payment security in an amount no less than One Million Six Hundred Sixty-Six Thousand Seven Hundred Forty-Nine Dollars and Twenty-One Cents ($1,666,749.21) which amount is equal to fifty percent (50%) of the estimated cost of all required work to secure payment to the contractor, his or her subcontractors, and persons renting equipment or furnishing labor or materials for such improvements. Said amount shall be determined by the City Engineer at the time such payment security is due when a successor in interest acquires fee simple interest in any portion of the property. Said payment security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City’s attorney.

3. Warranty Security. Owner shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one (1) year from the date of acceptance of the Improvements by the City. To ensure Owner complies with these obligations, on acceptance of the required work by the City Engineer, warranty security in the amount of the ten percent (10%) of the estimated cost of all required work shall be furnished to City in an amount no less than Three Hundred Thirty-Three Thousand Three Hundred Forty-Nine Dollars and Eighty-Four Cents ($333,349.84). The warranty security shall serve 7 as a guarantee and warranty of the work for a period of one (1) year following acceptance against any defective work, labor or materials. The warranty security shall be released, less any amount required to be used for fulfillment of the warranty, one (1) year after final acceptance of the Improvements required under this Agreement.

H. MATERIALS AND LABOR
Owner and its contractors and subcontractors shall pay for any materials, provisions and other supplies or items used in, upon, for or about the performance of the work contracted to be done, and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to section 3800 of the Labor Code a Certificate of Worker’s Compensation and shall maintain a valid policy of Worker’s Compensation Insurance for the duration of the period of construction or provide under penalty of perjury a satisfactory demonstration of exemption from coverage.

I. LIGHTING AND LANDSCAPING DISTRICT
The Owner agrees to complete annexation to or establishment of a Lighting and Landscaping District Zone of Benefit 8 pursuant to California Streets and Highway Code section 22500, et. seq., and to maintain lighting and publicly landscaped areas until the City formally accepts the Improvements which are the subject of this Agreement. Prior to release and recordation of the Final Map, Owner shall, at Owner’s sole cost and expense, submit to City all engineering reports, assessment data, and updated maps necessary to cause the Subject Property, to be annexed into Zone of Benefit 8 of the City-Wide Landscape and Lighting Assessment District. The annexation of the property into Zone of Benefit 8 shall be considered for recording concurrently with the City Council’s consideration and approval of the Final Map. If annexation into Zone of Benefit 8 is not possible for any reason, the Owner shall cooperate with the City in forming a new Zone of Benefit or identification of another existing zone into which this subdivision can be annexed.

J. EASEMENTS
Owner shall grant City an easement for maintenance, repair or reconstruction of any water main or sewer main or other City-operated improvement which is constructed outside a dedicated public street.

K. FAILURE OF PERFORMANCE; ATTORNEY’S FEES
In addition to any other remedies provided in this Agreement or by law, in the event Owner fails to perform one or more of the covenants or conditions of this Agreement, City shall have recourse to the security given to guarantee the performance of such acts. City 8 may do, or cause to be done, those acts required of Owner, and shall have recourse against so much of the security as is necessary to discharge the responsibility of Owner. In the event City seeks recourse against a security, City shall also have recourse against Owner for any and all amounts necessary to complete the obligations of Owner in the event the security is insufficient to pay such amounts. All administrative costs, including reasonable attorney’s fees pursuant to Gov. Code, § 66499.4 incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and Owner.

In the event it becomes necessary for either party to bring an action with respect to enforcement of the provisions of this Agreement, or the security therefor, the prevailing party in such action shall be awarded reasonable costs and attorney’s fees as may be determined by the Court.

L. TIME OF THE ESSENCE
Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.

M. SUCCESSORS AND ASSIGNS; COVENANT RUNNING WITH LAND
This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. It shall be recorded in the Official Records of the County of Madera concurrently with final map of the Subdivision and shall constitute a covenant running with the land and an equitable servitude upon the real property in the Subdivision.

N. INTEGRATION; INCORPORATION OF EXHIBITS
This Agreement is an integrated agreement, and includes the documents referenced herein and its Exhibits, which are included herewith and made a part of this Agreement.

The Final Map has been recorded separately, and a copy is on file with the City Clerk. This Agreement supersedes all prior negotiations, representation, or agreements, whether written or oral.

O. CONDITIONS OF APPROVAL
Owner shall comply with all conditions of approval set forth in TSM 2019-03 approving the Tract Map as adopted on May 12, 2020 and as amended on December 8, 2020 by the Planning Commission, including the requirements and conditions of the City Engineer, and all specifications or requirements set forth on the Final Map, all of which are on file with the City Clerk.
9 P. COMPLIANCE WITH LAW
In performing obligations set forth in this Agreement, Owner shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Owner shall comply with the codes or ordinances of the City including the Madera Municipal Code and Building Codes.

Q. PREVAILING WAGES
Owner shall be required to comply with California Labor Code prevailing wage requirements for work required under this Agreement. Owner shall: (i) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of those specific Improvements for which Owner receives credits or reimbursements, if any, and those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a); and (ii) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Owner shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the Improvements, if any, Owner shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. As required by Section D of this Agreement, Owner shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Owner, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any Improvements, if any, that are public improvements.

R. ENFORCEMENT OF OBLIGATIONS
City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

S. LIMITATIONS OF LEGAL ACTS
Except as provided by the following subsection entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Owner’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
10 ATTORNEY’S FEES AND LEGAL EXPENSES
If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Agreement, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.

T. OBLIGATION RUNNING WITH LAND
This Agreement shall burden the Subject Property described and constitute a covenant running with the land in favor of and for the benefit of City which shall be binding upon the successors, transferees, and heirs of Owner. Owner consents to the recordation of this Agreement with the Madera County Recorder.

U. WAIVER
The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

V. SUBORDINATION
Owner hereby warrants that any and all parties having record title interest in the Final Map which may ripen into a fee have subordinated to this Agreement and all such instruments of subordination, if any, are attached hereto and made a part of this Agreement.

W. NO ASSIGNMENT
No assignment of this Agreement or of any duty or obligation of performance hereunder shall be made in whole or in part by Owner without the written consent of City. 11 X. CAPTIONS
Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.

Y. AMBIGUITIES OR UNCERTAINTIES
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

Z. SEVERABLE PROVISIONS
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.

AA. RELEASE OF CONDITIONS
The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Madera County Recorder.

BB. PIPES AND MONUMENTS
All pipes and monuments shown on the final subdivision map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider at the time of the final inspection of the Improvements hereunder by City.

CC. OWNERSHIP OF IMPROVEMENTS
It is agreed that title and ownership of any public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such Improvements by City.
12 DD. RELEASE OF BONDS AND SECURITIES
The release of bonds and securities called for herein shall not occur until: (1) the work provided for in this agreement and more specifically described in the plans and specifications herein referred to, is approved and accepted by the City Engineer; and (2), work not in conformance with said plans and specifications is removed from the project site to the satisfaction of the City Engineer.

EE. SUBDIVIDER NOT A CITY AGENT OR EMPLOYEE
It is mutually understood and agreed that neither Owner nor any of Owner’s agents, contractors, or subcontractors are or shall be considered to be agents or employees of the City of Madera in connection with the performance of Owner’s obligations under this Agreement.

FF. DEPOSIT FOR CORRECTION OF DEFICIENCIES
In addition to the improvement security hereinabove referred to, Subdivider shall concurrently deposit with the City not less than 1% of engineer’s estimate in an amount no less than Thirty-Three Thousand Three Hundred Thirty-Four Dollars and Ninety-Eight Cents ($33,334.98), which may be used at the discretion of the City to correct deficiencies and conditions caused by Subdivider or Subdivider’s contractors during or after construction of the subdivision. Any unexpended amount thereof will be returned to Subdivider when all other bonds or improvement securities are released.

GG. FAIR SHARE CONTRIBUTIONS DUE FROM SUBDIVIDER
The Subdivider hereby agrees to the following reimbursements or fair share contributions to be paid prior to the recordation of the final map for Pecan Square Subdivision Tract No. 20-S-02 as noted herein below:

1. The Subdivider shall reimburse its fair share cost for the 8-inch component of the water main that was previously constructed along the project frontage on Pecan Avenue.

HH. REIMBURSEMENTS TO BE PROVIDED TO SUBDIVIDER
In consideration of public improvements constructed through plans prepared by Quad Knopf, Inc., for Pecan Square Subdivision (Tract No. 20-S-02), the City agrees to reimburse the Owner reasonable costs for construction of the following public improvements:

1. Pecan Avenue
(i) Street Construction – The two lanes (28-feet total), which includes the median island and east bound
13 travel lane, are eligible for reimbursement through the City’s Impact Fee Program, subject to the availability
of funds.
(ii) Those portions of improvements that are not
constructed to ultimate standard are not eligible for
reimbursement.
(iii) Sewer Main Construction – The construction of
approximately 1460 linear feet of a parallel 18-inch
sewer main on Pecan Avenue, from the easterly edge
of the subdivision to its ultimate tie in point in the
intersection of Pecan Avenue and Stadium Road, is
eligible for reimbursement through the City’s
Development Impact Fee Program, subject to the
availability of funds.

II. TERMS OF REIMBURSEMENTS TO BE PROVIDED TO OWNER
The following terms shall apply to any and all reimbursements to be provided to Owner.
i. City agrees to reimburse Owner the City’s proportionate share of the cost of improvements as determined by the City
Engineer at his sole discretion and whose decision shall be final and as set forth below. At the discretion of the City Engineer any reimbursements shall be in the form of credits toward storm drainage, water main, water well, and street impact fees or from the collection of storm drainage, water main, water well and street impact fees or connection fees as applicable from other developments using said facilities as said fees are collected or a combination thereof. City shall not reimburse any expenses beyond the actual and reasonable cost of
installing the improvements. All reimbursements are subject to the conditions precedent that the Owner shall have
submitted a financial statement within ninety (90) days of the City’s acceptance of the improvements, showing evidence of the actual cost of the improvements described in this
agreement. Evidence shall be provided in the form of receipted bills, canceled checks and/or construction contracts. Failure to timely submit evidence shall void the reimbursement
agreement as to any items not timely submitted or not
supported by such evidence. Any cost to be reimbursed for administration or overhead shall not exceed the usual and customary cost for such expenses in the industry, and in no event shall they exceed fifteen percent (15%). Such cost shall be determined in the sole discretion of the City Engineer 14 exercising commercial standards of reasonableness and good faith. City agrees to reimburse Owner for the cost of interest in accordance with Government Code Section 66485. The
interest begins to accrue at the time of City’s acceptance of the improvements. The interest rate to be paid is the interest rate that the City pays at the time of the City’s acceptance of the improvements when the City borrows money in accordance
with Madera Municipal Code section 10-8.12(C).
ii. City does not guarantee reimbursement, where
reimbursements are made from impact fees or connection fees as those fees are collected. The City shall have no responsibility for the delivery of the funds collected hereunder to Owner and only agrees to hold said funds collected and to make payment as directed by Owner upon contact by City. City will contact Owner within ninety (90) days of collection of funds at the address as specified in this agreement or as may thereafter be provided in writing to the City Clerk of the City. City shall have no obligation to locate or determine the true address of Owner other than the addresses provided under this Agreement. If no contact has been made at the address provided under this Agreement, City shall hold such funds collected hereunder for a period of one (1) year. Undistributed funds shall then be paid into the appropriate Impact or Connection Fee fund and all responsibilities and liabilities of City shall terminate. City cannot and does not pledge itself in advance that such charges will be collected or that they are valid or that there will be proceeds for reimbursement, but only that pursuant to this agreement City will, as a condition precedent to the issuance of permits for the development of such properties, levy such charges. Owner acknowledges that impact fees may be used to reimburse other developers based on a first in time payment process and additionally, may be pledged for the payment or repayment of other improvements to be constructed by or for City in advance of reimbursement to Owner. In no event shall reimbursement exceed the Subdivider’s cost of construction as adjusted by the Engineering News Record Construction Cost Index (CCI) as determined by the City Engineer based upon duly verified records submitted to the city within 90 days from the completion of such facilities and approved by the City Engineer.

For the purpose of determining the adjustment in the CCI, the time begins upon acceptance of improvements by City Council after execution of the Agreement.
15 JJ. ASSIGNABILITY OF AGREEMENT
This Agreement shall not be assignable by Owner without the express written consent of City. Subject to the limitations on assignment, this Agreement shall inure to the interest of the Parties hereto.

KK. VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

LL. ACKNOWLEDGEMENT OF CONTENT
Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.

ARTICLE II. CONSTRUCTION REQUIREMENTS

A. STANDARD SPECIFICATIONS
All of the work and improvements and materials shall be performed, installed and provided in strict accordance with the City of Madera Standard Specifications incorporated herein by this reference, as though set forth in full. All of said work and improvements shall also comply with the requirements of the Madera Municipal Code. In case there are not any Standard Specifications of the City for any said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Department of Transportation. All of said work and improvements and materials shall be done, performed and installed under the supervision of the City Engineer, under whose direction the work shall be inspected as it progresses.

Any work required under this Agreement shall also be performed, installed and provided in accordance with the standards of the State Water Resources Control Board, State Regional Water Quality Control Board, San Joaquin Unified Air Pollution Control District and those of other agencies identified in the Tentative Map Conditions of Approval insofar as they apply.

Until final acceptance of the Improvements, Owner shall give prominent and adequate warning to the public of each and every dangerous condition that may exist in 16 the Subdivision and shall take all reasonable actions to protect the public from any such dangerous condition.

B. SCOPE OF IMPROVEMENTS
The work and Improvements, including those depicted or required on the plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signals, etc., as well as those required by Conditions of Approval (herein collectively referred to as “Improvements”) are incorporated by reference and made a part of this Agreement.

C. APPROVED PLANS
Notwithstanding the fact that Owner’s plans and specifications have been approved by the City, and that completion of the work and other acts are subject to approval of the City, it is understood and agreed that any approval by the City hereof shall in no way relieve Owner of satisfactorily performing said work or its obligations hereunder.

Owner agrees to perform and construct all work and improvements shown on the approved plans on file in the office of the City Engineer. Owner agrees it shall comply with Madera Municipal Code section 10-2.707(C), which gives the City the right to modify plans and specifications.

D. SCHEDULE
Owner shall perform the work and improvements hereinafter specified to the satisfaction of the City Engineer. Owner understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this Agreement.

The Owner agrees to complete the improvements within 24 months from the recording of the Final Map as required by Madera Municipal Code Section 10-2.711.1 or from the time in which any permit is secured from City that allows commencement of construction activities, whichever is later, unless Owner requests an extension and is granted an extension by the City Council. Owner is responsible for following the extension request process under Madera Municipal Code Section 10-2.711.3.

If the construction of the Improvements shall be delayed without the fault of Owner, the time for completion thereof may be extended by the City in writing signed by the City Engineer for such period of time as City may deem reasonable. However, City reserves the right to not issue Certificates of Occupancies for any structures constructed within this tract until improvements are constructed to the satisfaction of the City Engineer. Without limitation of the foregoing sentence, it is agreed that City shall have right to determine whether to issue or withhold Certificates of Occupancy if there is then existing a breach or 17 failure to properly perform the obligations of this agreement, or if issuance would not serve the public health, safety or welfare.

Concrete curbs and gutters, the sanitary sewer system and house connections, storm drainage pipeline and structures, together with water mains, gas mains and their respective service connection and all other underground services or facilities, shall be completed before starting the street surfacing.

E. COMPACTION AND MATERIALS TESTING
Compaction and soil tests shall be paid for by Owner and Owner shall contract with the soils lab directly. Street and utility trench tests shall be taken in varying locations, depths, and frequencies as required and directed by the City Engineer. Compaction shall meet all City requirements.

F. CODES AND PERMITS
Owner shall comply with Street, Plumbing, Building, Electrical and Zoning Codes and any other Codes of the City and Owner shall secure an Encroachment Permit from City and the necessary insurance policies required under said permit before working on any City right-of-way or property.

Owner shall install all street improvements in accordance with City of Madera Standard Specifications, applicable sections of the State Standard Specifications, and the construction plans.

G. COORDINATION OF CONTRACTORS
It shall be the responsibility of Owner to coordinate all work done by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Owner to notify the City Engineer may cause delay for which Owner shall be solely responsible.

H. INSPECTION
Owner shall give 5 working days’ written notice to the City Engineer of construction schedules and hours so that proper inspection may be provided by City. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve Owner of any of his obligations to fulfill the Agreement as prescribed.

Defective work shall be made good and unsuitable materials will be rejected, 18 notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or Inspector and accepted.

I. REPAIR OF DAMAGED IMPROVEMENTS
Any damage to the water or sewer systems, concrete work or street paving, or other facilities and improvements constructed in connection with the Agreement that occurs after installation and prior to Final Acceptance shall be repaired to the satisfaction of the City Engineer by Owner before release of bond or final acceptance of completed work. City may, at its sole option, perform such repair or replacement if Owner has failed to commence such repair within 20 days after City has mailed written notice of the need for repairs or replacement to Owner and to Owner’s surety. In such event, Owner agrees to pay the cost of such repair and replacement by City, and City may at its option recover such cost as a lien against the Subdivision or the lands therein.

If City determines that public safety requires repairs or replacements to be made before Owner or surety can be notified, City may complete such repairs or replacements and recover the costs thereof as provided above.

J. DUST CONTROL
Adequate dust and mud control shall be maintained by Owner on all streets within and without the subdivision until the paving of the streets is completed. “Adequate dust control” as used herein shall mean the sprinkling of the streets with water with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Owner to comply with the provision of the paragraph forthwith. Such notice may be personally served upon Owner or, if Owner is not an individual, upon any person who has signed this Agreement on behalf of Owner or a superintendent or foreman of Owner’s or Owner’s subcontractor at the subdivision or, at the election of the Engineer, such notice may be mailed to Owner at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, Owner shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and City may deduct the cost thereof from any deposits which the Owner has placed with the City. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations. 19 K. STREET SURFACING AND UNDERGROUNDING OF UTILITIES
Owner agrees all existing overhead utilities within the boundaries of this subdivision, and on adjacent streets and/or alleys to the centerlines thereof shall be relocated into underground installations except for transformers consistent with the Construction Plans for Pecan Square Subdivision (Tract No. 20-S-02). All new utilities shall be undergrounded, and all work shall be completed before installation of street surfacing, if any.

L. STREET SWEEPING
Owner shall pay for sweeping of streets within this tract following installation of paving and prior to acceptance of the Improvements by the City. City may provide such street sweeping services at its sole discretion and convenience. Owner shall keep streets and gutters free of any mud, debris or materials. If Owner fails to maintain streets in such condition which allows sweeping, City may remove any debris and deduct the cost thereof from any deposits which the Owner has placed with the City.

M. WARRANTY
Owner warrants that construction will not adversely affect any portion of adjacent properties.

N. PRECONSTRUCTION MEETING
Owner agrees to meet with the City at a preconstruction meeting upon request of the City. Subcontractors for public improvements shall be required to attend. Failure to do so may result in a stoppage of work until a preconstruction meeting is held.

O. BUILDING MATERIALS RECYCLING
Owner agrees to participate in any building materials recycling program as directed by the City. Participation shall also be required by all sub-contractors for both public improvements and home construction, to fullest extent possible.

ARTICLE III. SPECIAL PROVISIONS

A. SUCCESSORS IN INTEREST: Successors in interest to any portion of the Subject Property shall comply with all terms and conditions of this Agreement. In particular, they shall provide all required insurance, bonds, and security to the City for that portion of any remaining Improvements which may yet to be completed at the time of transfer. Said insurance, bonds, and security must be provided to the City within 30 days of obtaining a fee interest in a portion of the Subject Property.
20 IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF MADERA:

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

By: ______________________
Hilda Cantú Montoy, City Attorney
APPROVED:

By: _____________________
Keith Helmuth, P.E., City Engineer
SUBDIVIDER/OWNER:

D.R. Horton CA3, Inc., A Delaware
Corporation
By: ________________________
David Hatch, Division President
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk

NOTARY ACKNOWLEDGEMENT REQUIRED
21 EXHIBIT “A”
Legal Description

REAL PROPERTY IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 2, AS SHOWN ON THE MAP ENTITLED “PARCEL MAP NO. 20-P-01”, FILED ON FEBRUARY 24, 2021 IN BOOK 66 OF MAPS AT PAGES 39 AND 40, MADERA COUNTY RECORDS.

EXCEPTING THEREFROM FROM PARCEL 2 ALL THAT INTEREST CONVEYED TO DRH ENERGY INC., A COLORADO CORPORTATION BY DOCUMENT RECORDED MARCH 18, 2021 AS INSTRUMENT NO. 2021008362 OF OFFICIAL RECORDS OF SAID COUNTY. SAID INTEREST IS FURTHER DESCRIBED AS FOLLOWS:

A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO

ALL OTHER HYDROCARBON BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR

GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCE FROM THE PROPERTY, (VI) WATER RIGHTS

AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, “SUBSURFACE RESOURCES”), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE BEEN PREVIOUSLY RESERVED; AND
B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE

AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING

WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM

LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS

THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY

DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE

PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY

SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT THE DRILL, MINE, EXPLORE, OPERATE,

PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.

APN: 012-480-005-000 (AFFECTS THIS AND OTHER PROPERTY)
22 EXHIBIT “B”
Development Impact Fees
Attachment 2
Project Location Map

REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: May 3, 2020
TO: Mayor and City Council Members
FROM: Keith Helmuth
City Engineer
SUBJECT: May 4, 2022 City Council Meeting
Late Distribution Report for Item B-7 (Actions Relating to Pecan Square Subdivision (Tract No. 20-S-02): Final Map for Pecan Square Subdivision (Tract No. 20-S-02) and Improvement Agreement)
The attached Final Map has been provided as a supplement to the staff report in which it is referenced.
--- "'

RECORD TITLE INTEREST STATEMENT

THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND WITHIN THE

SUBDIVISION, HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP AND OFFER FOR

OED/CATION FOR PUBLIC USE THE PARCELS AND EASEMENTS SPECIFIED ON SAID MAP AS INTENDED FOR PUBLIC USE FOR THE PURPOSES STATED THEREIN.

DR HORTON CA3, INC.

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERT/FICA TE 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 f
COUNTY OF J"\J \ 0 ( §1. f
ON M 9w'1, 'l.. I io "2.-c BEFORE ME, A .E. '" ,Y,m· IY\v(lc,'l, NOTARY PUBLIC, PERSONALL y APP£ARED1)C.,Yi 0,1\:\a-\t..h WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO

BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE 'MTHIN INSTRUMENT AND ACKNOIM._EDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(/ES), AND THAT BY HIS/HER/THEIR S/GNA TURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
'MTNESS MY HAND AND OFFICIAL SEAL
SIGNATURE Qt~ O\CC:ffi.~ A.E 7u\ido-MvV)o2 PRINT NAME
MY COMMISSION EXPIRES tfo<uC<\...\ '2.2, 2o2..5"
j
MY COMMISSION NO · 2:!i<-t 8 ;,S "!>
PRINCIPAL PLACE OF BUSINESS \ V \ 0. \ t_ COUNTY

SOIL ENGINEER'S STATEMENT

IN ACCORDANCE WITH THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES, A PRELIMINARY SOILS REPORT WAS PREPARED ON MARCH 12, 2020, BY CONSOLIDATED TESTING LABORATORIES, INC., FILE NO. £2577-20, AND IS ON FILE WITH THE CITY OF MADERA.

FINAL MAP OF TRACT NO. 20-S-02

PECAN SQUARE
BEING A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 36, T.11 S., R.19E.,

MOUNT DIABLO BASE AND MERIDIAN,
IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA.

JANUARY 2022
FOR: DR HORTON - CENTRAL VALLEY DIVISION
419 W MURRAY AVENUE
VISALIA, CA 93291
AUGUST 2020
0 VICINITY MAP

NOT TO SCALE
601 POLLASKY AVE., STE. 301 TEL: (559) 449-2400
CLOVIS, CA 93612 WWW.QKINC.COM
© COPYRIGHT 8Y QUAD KNOPF, INC. UNAUTHORIZED USE PROHIBITED.

W'. PECAN A VE (A VE 13)
0 "'

PROJECT SITE
AVENUE 12

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF MADERA, COUNTY OF MADERA, STA TE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 2, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 20-P-01 •. FILED ON FEBRUARY 24, 2021 IN BOOK 66 OF MAPS AT PAGES 39 AND 40, MADERA COUNTY RECORDS.

THIS PROPERTY IS SUBJECT TO:

1. A DRAINAGE EASEMENT IN FAVOR OF CITY OF MADERA PER "EASEMENT GRANT DEED" RECORDED NOVEMBER 18, 1998 AS DOCUMENT NO. 98-33819, OFFICIAL RECORDS MADERA COUNTY.

2. TERMS AND PROVISIONS CONTAINED IN THAT CERTAIN DOCUMENT ENTITLED "DEED RESTRICTION - COVENANT RIGHT-TO-FARM NOTICE" RECORDED FEBRUARY 24, 2005 AS INSTRUMENT NO. 2005008516, OFFICIAL RECORDS MADERA COUNTY.

3. TERMS, PROVISIONS AND EASEMENTS CONTAINED IN THE DOCUMENT ENTITLED "GRANT OF FENCE AND YARD EASEMENT AGREEMENT" RECORDED FEBRUARY 16, 2021 AS DOCUMENT NO. 2021-004863, OFFICIAL RECORDS MADERA COUNTY.

4. TERMS, PROVISIONS AND EASEMENTS CONTAINED IN THE DOCUMENT ENTITLED "GRANT OF FENCE AND YARD EASEMENT AGREEMENT" RECORDED FEBRUARY 16, 2021 AS DOCUMENT NO. 2021-004864, OFFICIAL RECORDS MADERA COUNTY.

5. STREET RIGHT OF WAY FOR WEST PECAN AVENUE PER DEED RECORDED FEBRUARY 24, 2021, AS DOCUMENT NO. 2021005828, OFFICIAL RECORDS MADERA COUNTY.

6. PUBLIC UTILITIES EASEMENT PER DEED RECORDED FEBRUARY 24, 2021, AS DOCUMENT NO. 2021005830, OFFICIAL RECORDS MADERA COUNTY.

7. ALL THAT INTEREST CONVEYED TO DRH ENERGY INC., A COLORADO CORPORATION BY DOCUMENT RECORDED MARCH 18, 2021 AS INSTRUMENT NO. 2021-008362 OF OFFICIAL RECORDS OF SAID COUNTY. SAID INTEREST IS FURTHER DESCRIBED AS FOLLOWS:

A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (Ill) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL

OTHER HYDROCARBON BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR

GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCE FROM THE PROPERTY, (VI) WATER RIGHTS AND

CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED.

B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND .

REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT

LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER

THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE

OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS,

TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO

REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES,

BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERA TE, PRODUCE, STORE OR REMOVE ANY

OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY.

8. COMMUNITY FACILITIES DISTRICT (CFO) -----~ RECORDED AS DOCUMENT NO.-----~ ON ____ _

9. COVENANT LANDSCAPE MAINTENANCE DISTRICT ZONE --~ RECORDED AS DOCUMENT NO.------~ ON ____ _

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION . MAP

ACT AND LOCAL ORDINANCE AT THE REQUEST OF DR HORTON - CENTRAL VALLEY DIVISION ON JUNE 27, 2020. I HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE

CHARACTER AND OCCUPY THE POSITIONS IND/CA TED, OR THAT THEY WILL BE SET IN

THOSE POSITIONS ON OR BEFORE ONE YEAR OF THE DATE THIS MAP IS RECORDED, OR

ANY TIME EXTENSION APPROVED BY THE CITY ENGINEER AND THAT THE MONUMENTS

ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT

THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP.
o>"/t?~/U>z.z..

DATE

CITY SURVEYOR'S STATEMENT
I, GARY D. HORN, CITY SURVEYOR OF THE CITY OF MADERA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

GARY D. HORN, RC£ 30501

CITY SURVEYOR

CITY ENGINEER'S STATEMENT
DATE

I, KEITH BRENT HELMUTH, CITY ENGINEER DF THE CITY OF MADERA, HEREBY STATE

THAT I HAVE CAREFULLY EXAMINED THIS MAP, THAT THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF REQUIRED

AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE

SUBDIVISION MAP ACT AND ALL LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN MET.

KEITH B. HELMUTH, ·Re£ 50192

CITY ENGINEER
DATE

DEVELOPMENT REVIEW COMMITTEE CERTIFICATE

I, GARY CONTE, SECRETARY OF THE DEVELOPMENT REVIEW COMMITTEE OF THE

CITY OF MADERA, STATE OF CALIFORNIA, HEREBY CERTIFY THAT SAID PLANNING COMMISSION CONDITIONALLY APPROVED THE TENTATIVE MAP ON THE ___ DAY OF

GARY CONTE, SECRETARY, DEVELOPMENT REVIEW COMMITTEE DATE

CITY CLERK'S CERTIFICATE

I, ALICIA GONZALES, CITY CLERK OF THE CITY OF MADERA, HEREBY CERTIFY THAT THE

CITY COUNCIL OF THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA BY A RESOLUTION NO. ____ ADOPTED AT THE MEETING OF SAID COUNCIL DULY ·coNVENED AND HELP ON THE ___ DAY OF=~~~=-=~ 2020, DID

APPROVE THE WITHIN MAP AND ACCEPTED ON BEHALF OF THE PUBLIC, SUBJECT TO

CONSTRUCTION, ALL PARCELS OF LAND AND EASEMENTS OFFERED FOR OED/CATION FOR PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION. IN

WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND MY OFFICIAL SEAL OF SAID CITY THIS DAY OF _____ _

ALICIA GONZALES

MADERA CITY CLERK

RECORDER'S STATEMENT
DOCUMENT NUMBER:. ________ _
DATE
FILED THIS, ____ DAY OF _______ ~ 20~ AT ___ ~•·
IN BOOK, __ ~ OF MAPS AT PAGES ~ THRU ~ MADERA COUNTY RECORDS, AT THE REQUEST FIRST AMERICAN TITLE COMPANY.

FEE:--~--

REBECCA MARTINEZ,
. COUNTY RECORDER
BY:

DEPUTY
SHEET 1 OF 5
PARCEL 2 D.N. 2005-008516 CITY OF MADERA
A.P.N. 012-480-006
UNTI D.N. 2018-028576
PARCEL 2 D.N. 2005-008516 PARCEL 2 17 M 111 PARCEL 4 17 M 111 PARCEL 1 66 M 39-40
SHEET 2 OF 5

OVERALL BOUNDARY
STATION: CAPO

NAD ECEF
X: -2693674.768m
Y: -4273831.450m
Z: 3880383.201m
CCS83(2010.00) ZONE 3
N: 2087091.26'
[: 6063572.64'
ELEV: 39.96'
.&:::----- ....... -..... - - - - - - N85"01"5J"W ....._ ....._ - - - - - - - - - .!_54,667.61 '(GRID) ....... ....... ---------- ..................... -------...__~ -..... STATION: CMOD ~.s. '-..... NAD ECEF ~~ ....._ ....._ X: -2604474.051m ,.i
0 ....._ ....._ Y: -4334579.170m '-. ~
-..... Z: 3874014.642m '-..S
....._-..... CCS83(2010.00) ZONE 3 ~-."
....._ -..... N: 2056373.35' '-:..0>;,:: ,i,6:;:: -..... [: 6416907.50' '-{ ~ ls•,<~....._....._ ELEV: 198.90' ~~----,, NE COR SJ6-11117 6,91 -..... 'f' z__ N: 1800327.29'
-Js<-:;0:--- ....._ I c E: 6691424.55'
(G',?~-..... ....._ I ii:: ELEV: 260.95'
....._ I~ CF: 1.0000216
....._ o c MAPPING ANGLE: 00"16'18" ....._ I~~
.............. 05
-.........._ I~~ ....._ I "' ::--
'-..... ....._ I~~ ....... co -.i-
.............. I~~ ....._ ....._ I:- ....._ c:,
....._ I a ....... ~

CONTROL DIAGRAM
N.T.S.
'♦ El/4 COR S:36-11/17
_I_ - __l__~~ I I 11 I .___I---'--------') l~~ l,._______.__________) LJLJ l I N00'16'18~BAS/S OF BEARINGS 2640.23' M/P1 \
- - - ---,~- - - - --- - - --- ____ N_[ ...... 1-/4-S3_6 __ -;_1/_;-_,_l=="_: _ --- __ ---r-~cHWAY145i"~ERAAVF~llllL --'== ( FOUND 2" BRASS DISK ~ STAMPED "CALDOT",
DOWN 1.2', PER P1
5D' _J- 50' PER Pl
I 1~1-10~ I_ 11 NORTH LINE OF THE NE 1/4 S:36-11/17
~ I
cx:i Ii::; I
FOUND 2• BRASS DISK STAMPED
"CALDOT El/4 S:36-11/17",
DOWN 2• PER Pl
TI I I
~:

COLOMBARD 1 11 ~o;;97'to"W
DRIVE -~ I ·R=125.50' R=125.50' n,-.J 11 A=34"09'26" • A=34"09'26"l SOUTH LINE OF THE NE 1/4 S:36-11/17---~lr~-:,
~
_....., (") I r L=74.82 ' , !;!J ,1 =34"09'26" · • N00"07 10-W r.i R=74.50 L=7482' • --::. A=34"09'26" .,-; L-44.4/ LJ _ N89"45'04"E ~~ R=74.50 ~ _ -~ ~ ( 76.07' __1__ ~ ............ r~::::_44.41' l 108147' N00'07'10"W 1690.82'-BDY M/P1 . / - 7/:_60_._oo..,·_........, SENECA ~ ~ J- l- 60.00.,.L- - - - - I - - - .:.._ - - - - - - -1/.1437.82' M/P~1- - - - - - -,\ ,--- •. - \253.00' M/P1 [-._ ----·'-'-' 80
DRIVE ---}LI~~ & I 92 91 90 89 88 87 86 85 84 83 82 81 67 66 65 64 63 62 [61l OUTLOT A I "' 1 ---L.....L...-1......L- '---'-'--...._~~ 79 68 .................... ' - ~~ - f-10· y_....... - - - -,-r;;~ - ·\ _,,, [421 I ~ > - • .~ ~ S .,~ 4 } "'4l ::. ~ <i:: I I 2 7 ------- - - s~ ~ s~-loeF- I 78 69 sf£. ~ ~-~- -~ . ~......................... ~ @ ~ ~ 11 3 I 77 70 52 53 54 55 56 57 .. 58 59 60 1 I ~ ·1 ------'--~-... _, 1121111101091081071106105104103 ----- •~ -"'""'..... '----lg CONCORD- - -::_-~. ~ ! 4 i---+---,t--+--+---,,---+--+----t-+-- I 76 71 ."'- ---1 g CO~ ' tl., al I I 75 72 ~ !"';iii LO t: . 1 I 5 I 1------ll----l I .. 1-i ~ }LI ~, a 0 93 94 95 96 97 98 99 100101102 51 50 49 48 47 46 45 44 43 11,. .. ....... ............... ~ 200' o· 200'
SCALE: 1 "= 200'
f:I:i 2l I 6 io _ _.___._..__ _ _........,_...__ I 74 73 _____ _._..__...__1·"'- , .. ~ ;:._; ---< ~ : _ t ___ 1 ::_ _____ -:_ = ______ ~-____ ~ ____ -= ~ ·_: _ _ _ ? i ["'51' LJNC OF 1Ji<f 1/2 o,- 11i1. NC 1/4 SJ<H 1/17 - -,- ---- _-_;;;;;-----=~ ----~=----~-~--~ ~~ 0
50' - \ i- 1 I 11 ¼ -,.... MONT REY \ & I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32, 33 134 35 36 '~"- ~ \. ✓ I , 15 ~ 1-1' ' I A VENUE - '( ~ , 1689.45'-BDY M/PI , ,- ---- --- - - - - - - T 1950.98' M/P1 JO' ~ :::::_-..c FOUND 1" IRON PIPE PER Pt Noo·o1·1o·w 2640.43' M/P1 - I- 115' '<.

I NO TAG ' ,a Oa
DOWN 6" FOUND 1" IRON PIPE PER Pl FOUND 1" IRON PIPE PER Pt '<. ~e:, ~ 0.2' WEST OF POSITION DOWN 6" DOWN 6" 0o0 _,. o~ D NOT ACCEPT DID NOT ACCEPT ~ ',:)
::.
1~
.,-;
. "'
,~ ~
,~ ~
V
FINAL MAP OF TRACT NO .20-S-02

PECAN SQUARE
---L

A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 36, T.11 S., R.19E., MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA.

JANUARY 2022
LEGEND
ALL DISTANCES SHOWN ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED .
(j)
-BDY

XX M YY
M/XX
M.C.R.

O.R.M.C.

PUE
FOUND AND ACCEPTED SECTION CORNER AS NOTED .

FOUND AND ACCEPTED SECTION QUARTER CORNER AS NOTED.

FOUND 3/4" IRON PIPE TAGGED "PLS 9399" PER Pl, DOWN 6"
FOUND 1" IRON PIPE TAGGED "RCE 13527" PER Pt UNLESS OTHERWISE NOTED, DID NOT ACCEPT.

CORS STATION
DENOTES AN EXISTING EASEMENT (Sff EASEMENT NOTE; SHEET 1)

DENOTES AN EASEMENT FOR EMERGENCY VEHICLE ACCESS IN FAVOR OF THE CITY OF MADERA PER D.N. 2020-005829, O.R.M.C.

DENOTES A PUBLIC STREET PREVIOUSLY OED/CA TED PER
D.N. 2021-005828 O.R.M.C.

DENOTES A PUBLIC UTILITY EASEMENT DEDICATED PER
D.N. 2020-005830 O.R.M.C.

INDICATES DIMENSION ALONG SUBDIVISION BOUNDARY
BOOK XX OF MAPS, PAGE YY, M.C.R.

MEASURED AND RECORD DATA PER REFERENCE XX

MADERA COUNTY RECORDS

OFFICIAL RECORD MADERA COUNTY

PUBLIC UTILITY EASEMENT NOW OFFERED PER NOTE BELOW

SUBDIVISION BOUNDARY

SUBDIVIDED LOT LINES
---- - - -- SECTION LINES
- · - SECTIONAL BREAKDOWN LINES

EXISTING RIGHT OF WAY

PROPOSED RIGHT OF WAY

EXISTING EASEMENT LINES
ADJACENT/UNDERL~NG PARCEL LINES
C ' _, -- ,i FLOOD ZONE AO I_, _ ,1- ,1---'
• - - - - - - - • SHEET INDEX LINE

REFERENCES
P1 PARCEL MAP NO. 20-P-01, 66 M 39-40, M.C.R.

BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS SURVEY IS CCS83(2010.00), ZONE 3, SHOWN LOCALLY BY THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 36-11/17 M.D.B&M. BEARING NORTH 00"16'18" WEST AND IS BASED UPON GPS OBSERVATIONS

FROM NGS STATIONS CAPO AND CMOD, BOTH HAVING PUBLISHED ACCURACIES OF LESS THAN 1 CM.

UNLESS OTHERWISE STATED, ALL DISTANCES SHOWN HEREON ARE GROUND DATA. TO

OBTAIN GRID DATA, MULTIPLY GROUND DATA BY THE PROJECT SPECIFIC COMBINATION FACTOR OF 1.0000216. GEIOD18 WAS USED TO OBTAINED ELEVATION DATA PERTAINING TO SCALE FACTORS.

THE REAL PROPERTY DESCRIBED BELOW IS
DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:

PUE PUBLIC UTILITY EASEMENT NOW OFFERED FOR DEDICATION

TO THE CITY OF MADERA FOR PUBLIC USE FOR ANY AND
ALL MUNICIPAL PURPOSES, INCLUDING SIDEWALK.

THE REAL PROPERTY DESCRIBED BELOW IS
DEDICATED IN FEE FOR PUBLIC PURPOSES:
+
DID NOT ACCEPT _l_:1 8' EAST OF POSITION 2. 1' SOUTH AND 3.4' EAST OF POSITION ~ ~"" -t<o - ~·-----
OUTLOT "A• IS DEDICATED IN FEE TO THE CITY OF MADERA
FOR PUBLIC USE FOR PARK PURPOSES.

PARCEL 1 66 M 39-40
PARCEL 2 17 M 111
PARCEL 4
17 M 111
SHEET 3 OF 5
SEE SHEET 2 FOR BASIS OF BEARINGS, OVERALL BOUNDARY,
EASEMENT DEDICATIONS, OUTLOT SCHEDULE, AND SHEET INDEX SEE SHEET 4 SEE SHEET 4 -----
(")
....
~ ~
~
~ z
~ -:i::
z
0 :::.
"<:
0)
~ E-<
cxi (Z)
0 ~ ~ ~
~ "r
~ c:,
~ I
"
~ 0
0)
-
--2:
--
a..
~
..J
~ t:
--
c:,
c:'i
"<:
--" "' "' 0
0)
--
0)
0 "' --~
~
6 0::
a..
--.:.;
FINAL MAP OF TRACT NO. 20-S-02
0 >-
@
I
0 0
0 ~
LO
,Lu
-~
"r
,.
0)
~

50.00'
&
137.07'
1 8,632± SF
• 0)
"c;;lt 2 ,i-,\':" ·~-,,., °"0 o-o "<"°" 5,576± SF ':,\~ ~,:-,i Noo·o7' 1 a 'W(R) \ 1i 0:: ~~ 11
EO·-r----:-'."'.'"":"':'.":----+--®• ""'
110.JJ'
3 5,590± SF
Noo·o7•1 o'W

1. I~
I g I
I I
• 110.21' , _1
10 PUE -,
lo 0 lg 0)
<o
4 5,508± SF I
Noo·o 7• 1 a "W I ~ • , E(J-......__ ___ :-'."'.'"~-'----....... --®• 110.10·
10',6. 5
5,502± SF
JO'

58.60' 50.00'
r
JO'
• I
0 I <::?I 0 112
~ ::::1
17, 150± SF 0
0 I
0 ~ 1_ 0 ~ <i: 0
0 .i,---· 60.00'
0 "r
,1.u I ti] "' o d ,Lu
Y') ~ ~ 0
.LO
<:
~ <i: z 0)
~ Cl)
~
al
0 0
0 ~

50.00'
,Lu
~ 0 ~ <::? LO LO

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00'
}I.I ~ }LJ ~ ~ }I.I O• O• O• O• O• O•
Y')g Y'l8 Y'l8 Y')g Y'l8 Y'l8
~Ii) ~Ii) ~It) ~Ii) ~It) ~It)
~ :: ~ :: ~ :: ~ :: ~ :: ~ ::
88 87 86 85 84 83 82
}'J
0 • LO 0 • 0
"' . LO LO
~ :: ~ ::
89 5,750± SF 5, 750± SF 5, 750± SF 5, 750± SF 5, 750± SF 5, 750± SF 5, 750± SF 5, 750± SF 10' PUE
__ l_

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' ----· • • -lei•--- - • • • 461.39'
No·o7•1o'W 580.00' ----SENECA DRIVE
500.00' - . ·----@o•- • - . . - ---<••> - -
Noo·o7'1o'W 1690.82'-BDY

50.00'
7 50.00' 50.00' i 50.00' i 50.00' 50.00' 50.00' 50.00' i 50.00' 0 0 0 0 0 0 0 0
0 0 0 0
111 ~ 110 ~ 109 ~ 108 ~ 107
~ a..
0 0 0 0 0
0 0 ~ 106 ~
----
0 0
0 105 ~
104
II~
0 119.43'
6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 103 1::::
7, 150± SFi
0 0 0 N00'07'10'W 0 0 0 0 0
0 0 0 0

50.00' "r 50.00' "r 50.00' "r 50.00' "r
"' "' "' "'
}'J }'J }'J ,Lu 0 0 0 0 .LO Y') Y') .LO
"'
0)
~ 0) ~ 0)
~ 0)
~
~ ~ ~
<: ~
0 0 0 0 0 0 0 0
520.00' 0 0 0 0
0 0

50.00' "r 50.00' "r 50.00' "' "'
}'J }'J 0 0 Y') Y')
0)
~ 0)
~
~ ~
0 0
0 0 0 0
0 0 "r 50.00' "r
"' "'
,Lu }'J 0 0 .LO Y')
0)
~ 0) ~
~ ~
0 I
_1

60.00:------i.

I
I
I
18 I
79 78
77 76
75 01
~
0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~
Noo·o7'1 o"W I~ __ I _____ _ • -1 93
17, 150± SF
I
94 95 96 97 98 99 100 101
6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 102 I- I
• I 6 7, 150± SF I I ~I 1.u I
109.98'
& & I

JO' JO'
\
~I _it 6,432± SF I I 74
~- \J_ ___ ~45·07;t1: ____ _:·;_uE _____ ____ ____ _____ ____ ____ 1 *- ft, ll _____ _ N44.48'46"E ~~....,.-~..,_...._.IMoit.M(~ 50.00' I. 50.00' I. 50.00' \ 50.00' \ 50.00' I. 50.00' \ 50.00' \ 50.00' I. 50.00' 2119
, _ 18977~ <IJ\l _ ~-ll<IJ - -_• - ~ CO~CORDAVE~ _ ~~~· - - • - ~• • - • - - <l]\l _J::_ooo:::::•=• -----_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - f- - - - - - - - - - - - - -No·o7•1o·w 1559.77'- ~ - - - -T-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~o 0/41 ~ 0 ~g ---------------~--------~""'---------.----------------------------------------------------------- .- _ I 1435.35' - N45.11'14'W • - - • - - • - -• - • --- • - • - - • - - • - • --- • - • - - • • - -!!•--- 5~!-24' r-f·92•_ _ ~2.00'.._ _ _5_1,_00· _ _ _.E..1.00'_ __ _ 5.!.:_D~ _ _ ~.oo'_ _ ....?!.:2~ _ _ 51.00· _ _ _§1.00.:_ _ _ 52.00· _ _ _§1.00.:_ _ _ ~oo' _ _ ~1.00'.._ _ _5..!..:_oo· _ _ _.E..2.00'_ _ _ __ _ LJo·-
, I
I I
I
I
( ~
I Cl. l.LJ !.JJ }LJ ll;l&J =l.a.J :111.u ~ }LJ =1.w =1.u 1L&J =l.,J }I.I ~ }I.I I o S!o O· O• O• O• O• O• O• O• O• O• O• O• O• O•
- ~•o Y'l8 Y'l8 ~~ Y'l8 ~~ Y')g Y'l8 ~~ Y'l8 ~~ Y'l8 ~~ ~8 ~~ : 7 ; ~ 8 ; ~ 9 ; ~ 10 j ~ 11 ; ~ 12 i ~ 13 ; ~ 14 ; ~ 15 j ~ 16 ; ~ 17 i ~ 18 ; ~ 19 j ~ 20 j ~ 21 i ~ 22 I 6,275± SF 5,460± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,460± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,460± SF 1 -10',6.

I
L-,5.00'
_,,.:,· 60.71' 52.00' 51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 52.00' 51.00' 51.00' 51.00' 51.00' 52.00' Noo·o7•1o"W 1689.45'-BDY

PECAN SQUARE

A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 36, T.11 S., R.19E., MOUNT DIAB LO BASE AND MERIDIAN, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA.

JANUARY 2022
LEGEND
ALL DISTANCES SHOWN ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF, UNLESS OTHERWISE NOTED.
• FOUND J/4" IRON PIPE TAGGED "PLS 9399", DOWN 6~ PER Pl .

FOUND MONUMENT AS NOTED ON SHEET 2.

SIT 2" BRASS CAP MONUMENT STAMPED "PLS 9399", FLUSH IN
CONCRETE PER CITY STANDARD E-1.

SIT BRASS TAG STAMPED "PLS 9399~ FLUSH IN TOP OF CURB 9.75'

PERPENDICULAR TO RIGHT OF WAY UNE
® SIT BRASS TAG STAMPED "PLS 9399" FLUSH IN TOP OF CURB ON A

9.75' PROJECTION OF LOT LINE
SIT BRASS TAG STAMPED "PLS 9399" FLUSH IN TOP OF CURB ON A

10.00' PROJECTION OF LOT LINE
<> SIT J/4" IRON PIPE, TAGGED "PLS 9399~ AS WITNESS CORNERS, 5

FEET ALONG LOT LINE FROM TRUE CORNER POSITION
0 SIT J/4" IRON PIPE, TAGGED "PLS 9399"
® NOTHING SET
(j)
~
DENOTES AND EXISTING EASEMENT (SEE EASEMENT NOTE; SHEET 1)

DENOTES AN EASEMENT FOR EMERGENCY VEHICLE ACCESS IN FAVOR OF THE CITY OF MADERA PER D.N. 2020-005829, O.R.M.C.
&
,6.

DENOTES A PUBLIC STREET PREVIOUSLY DEDICATED PER
D.N. 2021-005828 O.R.M.C.

DENOTES A PUBLIC UTILITY EASEMENT DEDICATED PER
D.N. 2021-005830 O.R.M.C.
~ DENOTES FENCE LINE EASEMENTS PER D 1 AND D2; SEE SHEET 5 FOR DETAILED DELINEATION OF EASEMENTS.

D.N. DOCUMENT NUMBER PER OFFICIAL RECORDS OF MADERA COUNTY

XX M YY
O.R.M.C.

BOOK XX OF MAPS, PAGE YY, MADERA COUNTY RECORDS

OFFICIAL RECORDS MADERA COUNTY
-BDY DENOTES DIMENSION ALONG BOUNDARY LINE
(R) RADIAL BEARING

SUBDMSION BOUNDARY
---- - - -- SECTION LINES

CENTERLINE

EXISTING RIGHT OF WAY

PROPOSED LOT LINES

PROPOSED RIGHT OF WAY

ADJACENT/UNDERLYING PARCEL LINES

EASEMENT LINE
♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ INDICATES RELINQUISHMENT OF DIRECT ACCESS RIGHTS

INDICATES FENCE LINE EASEMENT PER DI
INDICATES FENCE LINE EASEMENT PER D2

THE REAL PROPERTY DESCRIBED BELOW IS
DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:
fr, AREA NOW OFFERED FOR DEDICATION TO THE CITY OF
MADERA FOR PUBLIC STREET PURPOSES.

PUE PUBLIC UTILITY EASEMENT NOW OFFERED FOR DEDICATION

TO THE CITY OF MADERA FOR PUBLIC USE FOR ANY AND

ALL MUNICIPAL PURPOSES, INCLUDING SIDEWALK

EASEMENT REFERENCES
DI D.N. 2021-004864, O.R.M.C.

D2 D.N. 2021-004863, O.R.M.C.
50' o·
SCALE: 1 "= 50'
50'
PARCEL 1 66 M 39-40
PARCEL 1 66 M 39-40
PARCEL 2 D.N. 2005-008516 PARCEL 4
SEE SHEET 2 FOR BASIS OF BEARINGS AND OVERALL BOUNDARY, 17 M 111

EASEMENT DEDICATIONS, OUTLOT SCHEDULE, AND SHEET INDEX
SEE SHEET 3 FOR LEGEND APPLICABLE TO THIS SHEET SHEET 4 OF 5 SEE SHEET 3 SEE SHEET 3 SEE SHEET 3 --
FINAL MAP OF TRACT NO. 20-S-02

PECAN SQUARE

A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 36, T.11 S., R.19E., MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA. 50' o·
SCALE: 1 "= 50'
JANUARY 2022
_-_ N00"07'10"W 580.00~
SENECA DR!VE I
50'
---1
103
102
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
___ _) &
JO'
80 --
&
JO'
ol
c:,
~ gl
g I
l"4
• I I
•
c,1
o I c:i
IC) I
.-1

42.00' 124.13' 50.87' 50.00' 50.00' 60.00'
79 10,530± SF
77 5,000± SF
0)
IC)
g
N00"07'10"W
100.00' }'J
c:,
,!(')
76 C'4 8
5,000± SF ~ Q :;:: -,
N00"07'1 O"W
100.00·
75 5,000± SF
C,
c:,
c:i
IC)
68 11,224± SF

1. 70 I~
5,000± SF I i?l I
200.00' I -. •
100.00·
71 Jo c:,
lg 5,000± SF
I
200.00· -. •
100.00· 1 I
10' PU£-i 0
72 I~
5,000± SF I IC)
N00"07'10"W 200.00' 1-.
100.00·
74 "' 6,019± SF \ ci
N44"52'50"£ . "'

14.1£ ____ -~

90.00' .
100.00'
73 6,019± SF
N45"07'1 O"W

14.14'
•
0)
"' c:i
c:,
l"4
JO'
&
&
JO'
JO'
&
&
JO'

50.00'
N45"07'1 O"W

14.14'
• I c:,
~I 52
-17 150± I ,
I
1_
.I-""'·
I 60.00'
I 10' PU[

I- (TYP)
I
ol
~I
:::1 51
SF
17, 150± SF
I
I
•

50.00'
•

50.00'

50.00' 50.00'
- ~---- 277.69'
377.00'

SENECA DRIVE
•

50.00'
8 ---l!)-•-

50.00'
~---
N00"07'10"W 530.00'
450.00'
~

50.00'
8 I
I
I
I
I
I
SFI
I
8 l-10' PU£
I
. I
81 I ~I
I
I
I

50.00'
R=47.00'
il -29·32'29"
L=24.2J'
N44"52'50"£

14.14'

53.69'
•
153.00'

50.00'
N44"52'50"£

14.14'
c:,
~ I
l"4
8 ~ 53 54
6,000± SF 6,000± SF
c:i
~
55 6,000± SF
~ 56 57
6,000± SF 6,000± SF 58
6,000± SF
c:i
~
59 6,000± SF
- 60 I
7, 150± SF I
I
I
C,
c:,
c:i
;:!j

50.00' ,L.J
c:,
,!(')
~
;
8 c:i
""
l"4

50.00' .f'J
.i?l
;
8 N00"07'10"W 8
~ ~ 50.00' }'J
c:,
,!(')
~
;

50.00' ,L.J
c:,
,!(')
~
;
470.00' 8
c:i
""
l"4

50.00' .f'J
c:,
,!(')
~
;

50.00' .f'J
c:,
,!(')
0,
~
~
8 8 8 8 8 8
c:i c:i c:i c:i c:i c:i
~ ~ ~ ~ ~ ~
50 49 48 47 46 45 44
,L.J
c:,
-. I

60.00'
.LO~
~ I
; . :
8 . '-.! ~ ~
6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 6,000± SF 43 I
7, 150± SFI
I
10' PU£
---- ---- ---------- ---- _______ l __ N45"07'10'W

14.14'

50.00' I. 50.00' 1. 50.00' \ 50.00' 1. 50.00' \ 50.00' I. 50.00' I. 50.00' I. •-- • • • - ---(!),• -- • -!!•~ ---~•'1- 180.00' J_ 450.00'
g~ ~g g~ 5.00'
--= _580.00' - ---- ---- 260.00' ---- - - ~ - -~-- _5:'0NCORD AVENUE____ 530.00' - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- -N00"07'10"W 1559.77'- - - - ± - - -T-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - c,~ ~c, c,~ 0 ------------~~----------------~-------- ~~-7-----------------------------------7 _ 1435.35' - - - • 51.00' - • 51.00' • 51.00' • -5,jjo•--<;•--5wo·- • 52.00-;- • 51.00' • - 51.00' • - -;;,oo' • 51.00' • 51.0-;; - • 53.00' 7 . 52.50' S- THE REAL PROPERTY DESCRIBED BELOW IS ---- ---- ---------- ---- ----- ---- _T ___ ---- ----- ---- ---------7 ~ DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:
fr. AREA NOW OITTR£D FOR DEDICATION TO TH£ Cl7Y OF
MADERA FOR PUBLIC STR££T PURPOSES.
..J
~ t:
--c:, PU£ c:'i PUBLIC UTIL/7Y £AS£M£NT NOW OFF£R£D FOR DEDICATION TO TH£ Cl7Y OF MADERA FOR PUBLIC US£ FOR ANY AND
ALL MUNICIPAL PURPOSES INCLUDING SIDEWALK.
<(
--
,.....
0,
~
-
--
0,
~ I
=LLJ }u }u ~ =Lu }u =l.aJ }u ~ =LLJ =Lu }u ~LLJ
.i?l2 ~~ ~8 ~~ .i?l2 ~~ .i?l2 ~ .i?l2 ~8 ~8 ~~ ~8 ~i?l~ ~ g ~ :g ~ g ~ :g ~ g ~ :g ~ g ~ g ~ g ~ g ~ :g ~ g I~ ~ i - 22 i - 23 i - 24 i - 25 i - 26 i - 27 i - 28 i - 29 i - 30 i - 31 i - 32 i - 33 I~ ·1 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,460± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,355± SF 5,565± SFi I 34 I i51512±
(D15•-J 1
,L.J
c:, • IC) c:, • c:, l"4 • IC) IC) • c:,
i - 35
4,978± SF
253.00'

OUTLOTA
25,381± SF
JO'
&
g
ro
-
r-..:
ro
N00"07'10'W 130.00' - =-==-=-=-=~ - CONCORD A VENUE
g
__ _ 90.0lt_ _ _
N45"07'10"W T

14.14' ~ 0 ol 39 Cl. ~ . I ~I
lo, ~ IOI
{
- ~! I
5,950± SF O "'
N00"07'10"W
0)1 100.00' ro
'o,. 0 ~1 38
;.-,~~ \ 4,880± SF
\ il=/0"36'41"
L=9.82' Noo·o7•1o·w
C,
c:,
c:i
IC)
c:,
l"4

51.00' 51.00' 51.00' 51.00' 51.00' 51.00' 5J.oo· I 52.50' 50.00' 144.24' --~
I
N00"07'10"W 1689.45'-BDY
i------115'-----
--.:.;
PARCEL 2 17 M 111
PARCEL 4
17 M 111
PARCEL 4 PARCEL 2 17 M 111 17 M 111
SEE SHEET 2 FOR BASIS OF BEARINGS AND OVERALL BOUNDARY,

EASEMENT DEDICATIONS, OUTLOT SCHEDULE, AND SHEET INDEX
SEE SHEET 3 FOR LEGEND APPLICABLE TO THIS SHEET SHEET 5 OF 5 SEE ABOVE RIGHT SEE BELOW LEFT FINAL MAP OF TRACT NO. 20-S-02

PECAN SQUARE

A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 36, T.11 S., R.19E., MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA.

JANUARY 2022

EASEMENT REFERENCES
D1 D.N. 2021-004864, O.R.M.C.

D2 D.N. 2021-004863, O.R.M.C.
7 8 9
L ·- \ ---
SEE DETAIL "A" THIS SHEET
...J
~ t:
30' o· 30'
SCALE: 1 "= 30'
18 19
FENCE LINE EASEMENT AREA PER D 1
N00"1J'49"W M/D1
626.38' M/D1
- 626.38' M/D1 -·
N89"52'48"E

1.6D' M/D1
20 21
10 22
---
c:,
c:'i
FENCE LINE EASEMENT AREA PER D2
<(
---
,.....
0,
~
11 N00"1J'49"W
12 13
626.38' M/D1
23 626.38' M/D1
N00"07'10"W 1689.45'-BNDY
24 25
64J.8J'M/D2
N00"07'10"W 1689.45'-BNDY
14 15
26 ,----------,------------------,
N89"44'42"E _.,,

0.J9' M/D1 -<.,_
7 N00"07'10"W (S0'07'10"E)D1 626.38' M/D1
N00'07'10"W 1689.45'-BNDY
L-----------------------------~
~ DETAIL "A ..
1 "=1'
16 17 18 19 20
FENCE LINE EASEMENT AREA PER D2
FENCE LINE EASEMENT AREA PER D 1
N00"1J'49"W 64J.8J'M/D2 -
64J.8J'M/D2
27 28 29 30 31

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 4, 2022
_________________________________ Agenda Number: ___________ Dino Lawson, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Written request submitted by Madera High School to assist in an educational program titled “Every 15 Minutes”
RECOMMENDATION:

Adopt a Resolution waiving the fees and costs for necessary permitting and Police and Public Works services in the amount of $1,040.

SUMMARY:

Madera High School has approached the City to request fees associated with the temporary closure of a City street be waived. This request is related to an educational program scheduled by the school district. Fees requested to be waived include an Engineering permit and services provided by Police and Public Works personnel. The program will be held at Madera High School on May 12, 2022.

DISCUSSION:

On a bi-annual basis, the Madera Unified School District provides a meaningful educational experience for its high school students. Titled, “Every 15 Minutes”, the program is designed to challenge students to think about the detrimental consequences of making the irresponsible choice to drink alcohol and operate a motor vehicle. The desired outcome of the program is to ensure young adults understand the responsibility of making mature decisions and how such decisions impact their family, friends, and their community.

Upon receipt of Madera High School’s request to have the City cover costs associated staff has performed its due diligence to determine the appropriate measures required to provide such services. Such services include the drawing of traffic detour patterns, the posting of signage, the B-8
use of barricade equipment, and the services of two Public Works employees and three Police Officers.

FINANCIAL IMPACT:

City Engineering requires a permit fee of $101 for the street closure. In addition, to maintain safety, it is anticipated that two Public Works employees and three Police officers are needed.

The cost to provide such personnel is estimated at $939. Considering the permit, Police, and Public Works fees at regular staff time rates, the total amount being petitioned for Council relief is $1,040.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 325: “Develop programs to offer growth and educational opportunities…” Strategy 421: “Ensure the safety and protection of Madera and its community members…” ALTERNATIVES:

Council may elect to decline Madera High School’s request to waive fees associated with providing services for their scheduled educational program. Furthermore, Council may request additional information be provided.

ATTACHMENTS:

1. Resolution waiving the fees to cover the costs of Police and Public Work services related to MUSD’s Every 15 Minutes educational program in the amount of $1,040.

2. Request letter provided to the City from Madera High School staff RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

THE FEES TO COVER COSTS OF POLICE AND PUBLIC WORK SERVICES RELATING TO MADERA HIGH SCHOOL’S EVERY 15 MINUTES
EDUCATIONAL PROGRAM IN THE AMOUNT OF $1,040.00
WHEREAS, on May 4, 2022, the City Council of the City of Madera considered a request by Madera High School to waive the fees to cover costs relating to the implementation and maintenance of required safety measures during an educational program to be held on May 12, 2022; and
WHEREAS, Madera High School has organized an educational program for its high school students requiring the temporary closure of a City street; and WHEREAS, the City fees for Engineering, Police and Public Work services are $1,040; and WHEREAS, the City Council finds it is in the best interest of the City to approve the waiver of fees; and
WHEREAS, this request provides a public benefit to the community.

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

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a public purpose and is in the best interest and welfare of the City and its residents.

3. The City Council does hereby waive the City fees requested by Madera High School the amount of $1,040 associated with an educational program.

4. This resolution is effective immediately upon adoption. * * * * * * * *
200 South “L” Street, Madera, CA 93637 • (559)675-4444 • Fax (559)675-4531 • [email protected] Robyn Cosgrove, Principal
April 8, 2022
Mayor Garcia and Members of the City Council:

Please consider this letter as our formal request to be placed on the agenda for the next City Council meeting. The item for consideration is our bi-annual “Every 15 Minutes” program, which is co-sponsored with the California Highway Patrol.

Approximately 1100 high school students and 200 elementary students will be impacted by the two-day program, which challenges high schoolers to think about drinking, driving, personal safety, the responsibility of making mature decisions, and the consequences their actions have on family, friends, and the people in our community.

On behalf of Madera High School, we are requesting council approval to wave the cost of the permit, police, and public works services in conjunction with the “Every 15 Minutes” program to be held on Thursday, May 12, 2022. Thank you again in advance for your consideration on this matter.

Respectfully,
Isaac Lopez
Isaac A. Lopez
Activities Director,
Madera High School
559.313.0540 (c)
[email protected]

MADERA UNIFIED

SCHOOL DISTRICT

REPORT TO THE CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: May 4, 2022
Agenda Number: B-9
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); Pre-zone/Rezone (REZ) No. 2017-05; Zoning Ordinance/Madera Municipal Code Amendment (OTA) No. 2022-01; and Annexation (ANX) No. 2022-01.

RECOMMENDATION:

1. Adopt 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 second full reading;

2. Adopt 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 second full reading; and

3. Adopt 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 – 20 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 second full reading.

4. Adopt a Resolution initiating annexation of the Villages at Almond Grove Specific Plan area (Annexation No. 22-01).

SUMMARY:

Following a public hearing at its April 20, 2022 regular meeting, the City Council (Council) certified an environmental impact report (EIR) for the project, and adopted a Resolution approving General Plan Amendment (GPA) 2017-02 providing for the Villages at Almond Grove Specific Plan consistency with the General Plan. Council also introduced and waived the first reading of the Ordinances, which would:

1. Adopt the proposed The Villages at Almond Grove Specific Plan (Specific Plan No. 2017-01);

2. Amend Section 10-3.301 of Chapter 3 of Title 10 of the City Municipal Code; and

3. Amend the official City of Madera Zoning Map to rezone approximately 1,883 acres with The Villages of Almond Grove Specific Plan. For additional details, the staff report for the April 20, 2022 regular meeting is included as Attachment 1, and the complete Agenda packet (with exhibits and attachments) can be found at:
https://www.madera.gov/wp-content/uploads/2022/04/04.20.22-Final-Links.pdf (Agenda C-1) The Council is being requested to complete the second reading and adopt all the ordinances for the project. Additionally, approximately 1,883 acres of The Villages at Almond Grove Specific Plan are currently located within the County, within the City’s Sphere of Influence and Urban Growth Boundary.

Adoption of the proposed resolution will initiate the process to allow for LAFCO approval of annexation of the project to the City.

ATTACHMENTS:

1. Staff Report for item C-1 (The Villages at Almond Groves Specific Plan) for the regular Council meeting of April 20, 2022.

2. Attachment 2: Rezone Ordinance: An Ordnance to approve a Pre-Zoning/Rezoning No. REZ 2017-05

3. Attachment 3: Text Amendment Ordinance: An Ordinance to approve Zoning Ordinance Text Amendment No. OTA 2022-01 (first reading)

4. Attachment 4: Specific Plan Ordinance: An Ordinance adopting the proposed Villages at Almond Grove Specific Plan (Specific Plan No 2017-01)

5. Attachment 5: 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).

ATTACHMENT 1: Staff Report for April 20, 2022
Staff Report for item C-1 (The Villages at Almond Groves Specific Plan) for the regular Council meeting of April 20, 2022 (Attachments and exhibits removed)

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;

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.

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 2: 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.

ORDINANCE NO. _____

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 - 20 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.

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

SECTION 1. At its meeting on April 20, 2022, the City Council approved General Plan Amendment 2017-02 (General Plan Amendment), and also approved Specific Plan No. 2017-01 known as the “The Villages at Almond Grove Specific Plan” (Specific Plan) 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. As part of that meeting, the City Council also certified an Environmental Impact Report (SCH #2018081051) (EIR) and adopted a mitigation monitoring and reporting program (MMRP) for the project. The Planning Commission of the City of Madera previously held a hearing on April 5, 2022 and recommended approval of, among others, the General Plan Amendment and Specific Plan. Additionally, the Planning Commission recommended approval of Pre-Zoning/Rezoning 2017-05 (Prezone/Rezone) to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20) and rezone the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the Specific Plan (SP) Zone District.

The City Council desires to approve the Prezone/Rezone.

SECTION 2. Based on the testimony and information presented at its public hearing, the City Council finds that Pre-Zone/Rezone No. 2017-05 i) is consistent with the Specific Plan and General Plan goals, objectives, and policies, and will provide the required consistency between the General Plan, as amended, and zoning; ii) is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience and general welfare; iii) is necessary to promote public necessity, convenience, general welfare, and good zoning practices; iv) the project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements; v) City services are either available or can be extended to serve the area; and vi) adoption is in the best interests of the City. The Plan area is currently zoned by Madera County Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20). The entire plan area would be pre-zoned by the City of Madera consistent with City zoning as identified in the Specific Plan. Such determinations are based on the administrative record including the following:
a. General Plan and Specific Plan Consistency. The Prezone/Rezone is consistent with the goals, policies, and objectives, including the General Plan Housing Element and EIR Table

4.11.A: General Plan Policies Related to Land Use and Planning. The Prezone/Rezone will allow for implementation of the Specific Plan, as is consistent with the General Plan land use designation of "Specific Plan Area," which allows the Plan to develop land use standards and regulations tailored to the Plan Area. This change will assist the implementation of the goals, objectives, and policies of the General Plan regarding provision of housing and promote future residential growth.

The Prezone/Rezone is a necessary step to ensuring viable development that would also assist in the implementation of the Housing Element goals and policies in providing opportunity site for necessary housing. For example, 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 would provide 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 multi-family 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 units (5,945 total units) are planned for medium or high density, which promotes affordability for those with lower or fixed income needs. 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 multifamily homes.

Further, the mixed-use nature of the Specific Plan as implemented by the Prezone/Rezone encourages diversification and development of the City’s economic base. The Specific Plan 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 to be spent locally, resulting in additional tax revenues and economic development. This is consistent with General Plan Goal SUS-1 (establish and maintain a diverse and sustainable local economy), as well as Policy SUS-11 (abundant commercial opportunities and development of a strong local workforce), Policy SUS-13:
(support operation of local businesses that supply goods and services needed in City); and Policy SUS-15 (promote, attract, and retain jobs that pay a living wage and reduce the need for residents to commute to work outside the City.) 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).

The implementation of the Specific Plan through this rezone also complies with General Plan Policy LU-14, in that the project has prepared a Public Facilities Financing Plan (PFFP) that articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden. General Plan Policy CD-20 calls for the comprehensive planning of Villages that is consistent with overall City standards, which has been met here. Finally, the Prezone/Rezone is consistent with the Specific Plan specific policies including those related to conformity with Building Blocks principles; agricultural buffers; the provision of a Village core area providing for an integrated mix of uses, including park and open space uses, along the Fresno river; development designed to take advantage of river frontage, alighnment of arterials, and compliance with the Airports Land Use Master Plan.
b. The Prezone/Rezone will promote and protect the public’s health, safety, peace, comfort, convenience and general welfare. As discussed above, the Prezone/Rezone implements the Specific Plan, which is consistent with the General Plan. All aspects of these documents, including the Specific Plan's Public Facilities Financing Plan (PFFP), work together to promote the public welfare including housing, jobs, convenience of access, aesthetic values, protection of environmental values, protection of public and private improvements, etc.
c. City Services. As extensively discussed in the EIR, City services are available or can be extended to serve the area. Additionally, the City has approved the PFFP, which i) articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden; and ii) 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.

SECTION 3. Given that all of the findings can be made, the City Council approves PreZone/Rezone No. 2017-05, to prezone the property within the County of Madera that is currently zoned Agricultural Rural Exclusive - 40 Acres (ARE-40) and Agricultural Rural Exclusive - 20 Acres (ARE-20) and rezones the smaller area within City limits that is currently zoned PD 4500 (Planned Development, one unit per 4,500 square feet of site area), to the Specific Plan (SP) Zone District.

The City Council hereby amends the City of Madera Zoning Map as illustrated in Attachment “A,” which is attached and incorporated by reference and which indicates the segment of the City of Madera Zoning Map to be amended. To the extent not already annexed, territory annexed to the City subject to Pre-Zone/Rezone No. 2017-05 shall be automatically added to the City of Madera’s official zone map. Pre-zoning shall be recorded on the official zone map in the same manner as change of zoning district amendments, but shall be identified by the use of parentheses enclosing the district symbols. Such pre-zoning classification shall become the effective zoning of the property at the same time that the annexation becomes effective.

SECTION 4. Based on the testimony and information presented at its public hearing, the City Council finds that the City previously prepared and certified the EIR for The Villages at Almond Grove Specific Plan. The EIR identified that implementation of the proposed project would require certain approvals, including approval of pre-annexation zoning and rezoning. This pre-annexation zoning and rezoning was included within the scope of the project, and was environmentally assessed in the EIR. The pre-annexation zoning and rezoning does not change the environmental assessment of the EIR. Further, the EIR was certified on April 12, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Pre-Zoning/ Rezoning 2017-05 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines section 15162, and no further action or review is required under CEQA.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 6. 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 7. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
ATTACHMENT “A”
Prior Zoning
New Zoning
ATTACHMENT 3: Text Amendment Ordinance
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). 01236.0505/783318.1
ORDINANCE NO. _____

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

SECTION 1. The City Council finds that Ordinance/Madera Municipal Code Amendment No.

OTA 2022-01 is consistent with the General Plan as amended, and that amendment is warranted by public necessity, convenience, general welfare, and good zoning practices. The City Council approves Ordinance/Madera Municipal Code Amendment No. OTA 2022-01 as set forth below.

SECTION 2. Section 10-3.301 of the Madera Municipal Code is amended to read in its entirety as follows:
§ 10-3.301 ESTABLISHMENT.
(A) In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, and to regulate the area of yards and other open spaces about buildings, and to promote the public health, safety, peace, comfort and general welfare, 13 classes of land use zones are established to be known as follows:
(1) PD. Planned Development Zones
(2) R. Residential Zones
(3) RCO. Resource Conservation and Open Space Zone
(4) PF. Public Facilities Zone
(5) PO. Public Office Zone
(6) C-1. Light Commercial Zone
(7) C-2. Heavy Commercial Zone
(8) C-R. Restricted Commercial Zone
(9) WY. West Yosemite Avenue Overlay Zone
(10) I. Industrial Zone
(11) UR. Urban Reserve Zone
(12) U. Unclassified Zone
(13) IP. Industrial Park Zone
(14) N-C. Neighborhood Commercial Zones
(15) H-C. Highway Commercial Zones
(16) SP. Specific Plan Zone
(B) An "S" subdesignation may be added to a zone classification applied to a parcel or parcels of land when deemed appropriate by the City Council, upon recommendation of the Planning Commission, for the purpose of setting forth special provisions for the use of such land on an interim or transitional basis. Such use may be one that would otherwise not be permitted by the regular zoning classification. The "S" subdesignation shall be established by ordinance, after due public hearing processes, and the ordinance shall set forth the circumstances of the subdesignation, including but not limited to the purpose and time period for the special provisions. Upon the termination of the specified time period the special provisions shall automatically become null and void and the subdesignation shall be duly deleted from the zoning map of the city without further hearing.

SECTION 3. Sections 10-3.11.601 through Sections 10-3.11.604 of Subchapter 11 of Chapter 3 of Title 10 of the Madera Municipal Code is added to read in its entirety as follows:

Specific Plan Zones (SP)
§ 10-3.11.601 PURPOSE AND APPLICATION
(A) The purpose of the SP Zone is to accomplish the following:
(1) To provide a framework for how to analyze project level development standards and permitted uses in the SP zone district; and
(2) To provide a framework and requirements for approving specific plans proposed in the City by establishing a development review framework for comprehensibly planned communities pursuant to Government Code Section 65450 to 65457 for the preparation of specific plans.
§ 10-3.11.602 APPLICABILITY
(A) For properties already zoned SP, the allowed uses, allowed density, and required property development standards shall be as outlined in the applicable specific plan. Where the regulations of a specific plan are silent or not specifically referenced, the comparable regulations of these zoning regulations and all adopted ordinances, regulations, standards, and guidelines of the city shall apply, subject to the Planning Director’s discretion, unless otherwise declared by the Planning Commission.
(B) For properties proposed to be rezoned to the SP Zone, a specific plan meeting the requirements outlined below is required and must be submitted concurrently with the rezone request. The SP Zone, including all standards and processes, is available to all new development proposals within the city, except those areas within the city limits already regulated by an existing adopted specific plan and approved prior to the adoption of this ordinance. Those areas shall be exempt from this chapter, and all activities within such areas shall be subject to the existing standards and procedures of the applicable specific plan.
(C) All new SP Zones must encompass an area of no less than five (5) acres of contiguous property.
§ 10-3.11.603 SPECIFIC PLAN REQUIRED ELEMENTS
(A) A specific plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the proposed SP Zone District. All specific plans prepared and adopted under subchapter 11.601 et seq. shall be consistent with the requirements of Government Code Section 65450 as amended, and shall include, at a minimum, the following:
(1) Purpose. State the relationship to the goals and policies of the General Plan. (2) Setting. State the existing and regional setting to establish the conditions and reasons for the project.
(3) Proposed Land Uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses. The uses described within the specific plan shall be designed and developed in a manner consistent with the General Plan and Section 10-3.11.604 below. (4) Development Standards. Establish all regulating policies and include all of the following for all building types:
(a) Building height, setbacks, massing, and design standards. (b) Lot area, width, depth, and structural limitations. (c) Maximum number of dwelling units and the maximum residential density (of the Specific Plan Area and any individual site or portion). (d) Usable open space provisions and requirements within the development. (e) Off-street parking and loading facilities.
(f) Design and development standards (architectural, landscape, streetscape, street furniture, utilities, fence/wall types, etc.), which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the Specific Plan. Site planning at the perimeter of the zone boundaries shall provide for the mutual protection of the zone and the surrounding property. (g) Signage requirements shall be addressed, either through chapter 6 of title 10 (Sign Regulations) or by a unique sign program codified in the specific plan. (h) All areas for storage of vehicles, maintenance equipment, refuse and collection facilities, manufactured products, or other similar materials used by or in a manufacturing/fabricating process on-site shall be prohibited or shall be enclosed by a decorative, block, or brick wall and/or landscape screening in combination. (5) Site Planning. Establish a comprehensive map of all major streets, open spaces, private and public property, and land uses for all affected property, consistent with the intent of the General Plan.
(a) Consider and preserve environmentally sensitive resources (water courses, view sheds, drainage areas, wooded areas, rough terrain [canyons, ravines, steep slopes, ridges, knolls, promontories], and other similar natural features) and make provisions to retain natural features and amenities found on-site.
(b) Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utility, and street furniture. (6) Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed. (a) Include written analysis detailing plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the properties.
(b) Dedicate all public right-of-ways and public park spaces. within or abutting the development to applicable City specifications.
(c) Private streets and alleys shall be designed to public street standards (where applicable), or propose modifications, and be privately owned and maintained for their intended purpose without public cost or maintenance responsibility. (d) Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas, may be made at the time of specific plan consideration by the city.
(7) Maintenance. Provisions assuring the continued maintenance of private property, grounds, and all common areas shall be required.
(8) Phasing. Specific plans developed in phases or neighborhoods over a period of time, not developed in a consecutive and uninterrupted manner, shall be required to process each phase or neighborhood through separate entitlement processes. § 10-3.11.604 ALLOWED LAND USES
(A) All use of lands within the SP Zones shall be compatible with the purpose and intent of these zoning regulations.
(B) All use of lands within the SP Zones shall be consistent or made consistent with the General Plan Land Use Map, which may include varying densities of residential, commercial, and/or industrial development.
(C) A new specific plan shall be processed using the same procedure as a General Plan amendment as well as a change of zone boundaries per Section 10-3.1501 et seq.

SECTION 4. SEVERANCE. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 5. CEQA. Based on the testimony and information presented at its public hearing on April 20, 2022, the City Council finds that the City previously prepared and certified an Environmental Impact Report (SCH #2018081051) (EIR) for The Villages at Almond Grove Specific Plan (Specific Plan). The EIR identified that implementation of the proposed project would require certain approvals, including amendment of the Municipal Code to implement the Specific Plan Zones. This amendment was included within the scope of the project, and was environmentally assessed in the EIR. The amendment of the Municipal Code does not change the environmental assessment of the EIR. Further, the EIR was certified on April 20, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Zoning Ordinance/Madera Municipal Code Amendment No. OTA 2022-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

SECTION 6. PUBLICATION. This ordinance shall be published in accordance with the provisions of Government Code Section 36933.

SECTION 7. EFFECTIVE DATE. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
ATTACHMENT 4: 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).

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING

THE PROPOSED THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN (SPECIFIC PLAN NO. 2017-01)
THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. At its meeting on April 20, 2022, the City Council approved General Plan Amendment 2017-02 (General Plan Amendment), and also introduced this ordinance regarding Specific Plan No. 2017-01 known as the “The Villages at Almond Grove Specific Plan” (Specific Plan) 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. As part of that meeting, the City Council also certified an Environmental Impact Report (SCH #2018081051) (EIR) and adopted a mitigation monitoring and reporting program (MMRP) for the project. The Planning Commission of the City of Madera previously held a hearing on April 5, 2022 and recommended approval of, among others, the Specific Plan (Specific Plan No. 2017-01). The City Council desires to approve the Specific Plan No. 2017-01.

SECTION 2. The City Council finds that the City has policies encouraging preparation of specific plans or master plans in certain areas prior to the properties being developed. The City Council finds that Specific Plan No. 2017-01 is in the best interest of the City, and is not detrimental to public health, safety, or welfare. The City Council approves Specific Plan No. 2017-01 as set forth below.

SECTION 3. Based on the testimony and information presented at its public hearing, the City Council finds that Specific Plan No. 2017-01 is consistent with State and local requirements, including the following findings:
i) State Law Consistency: The Specific Plan is consistent with the requirements of Government Code section 65450 et seq., including the following:
• The Specific Plan includes the distribution, location, and extent of the uses of land, including open space, within the area covered by the Plan. • The Specific Plan includes proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the Plan.
• The Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable.
• The Specific Plan includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the items listed above.
• The Specific Plan includes a statement of the relationship of the specific plan to the general plan.
ii) General Plan Consistency: The City Council finds that the Specific Plan has been prepared in conformance with the goals, policies, and objectives of the General Plan as amended.

The Specific Plan is consistent with the General Plan land use designation of “Specific Plan Area,” which allows the Plan to develop land use standards and regulations tailored to the Plan Area. The Specific Plan Area land use designation will be applied to areas where a Specific Plan is adopted by the City. This change will assist 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 in the implementation of the Housing Element goals and policies in providing opportunity site for necessary housing, including goals to provide adequate sites to meet the 2013-2023 RHNA (Objective H-1), assist in the development of housing to meet need of lower-income housholds (Objective H-2), and adequately remove governmental constraints to housing development (Objective H-3).

For example, 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 multi-family 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 units (5,945 total units) are planned for medium or high density, which promotes affordability for those with lower or fixed income needs. 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.

As further described in Table 4.11.A of the EIR prepared for this project: General Plan Policies Related to Land Use and Planning, the Specific Plan is consistent with the General Plan as amended. For example, the Specific Plan’s Public Facilities Financing Plan (PFFP) complies with General Plan Policy LU-14 as i) it articulates infrastructure and public facilities requirements, their costs, financing mechanisms, and the feasibility of the financial burden; and ii) it 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. The Specific Plan is also consistent with other General Plan goals, policies, and objectives including Goal SUS-1, Policies SUS-11, SUS-13, and SUS 15. The Specific Plan also incorporates Village D Specific Policies that guides development in the Plan Area. These Village D policies include mixed of uses in the core area, river frontage design along the Fresno River, 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. As such, the Specific Plan is consistent with the City of Madera General Plan
iii) Madera Countywide Airport Land Use Compatibility Plan: The airport land use compatability plan (ALUCP) contains individual compatibility plans for the Chowchilla Municipal Airport and the Madera Municipal Airport, the two public-use airports in Madera County. Under California Government Code Section 65302.3(a), general plans must be consistent with any airport land use plan adopted pursuant to Public Utilities Code Section 21675. The Specific Plan includes appropriate land use types and densities located within the airport zones to ensure consistency with the ALUC plan, and future development within the airport zones would be required to comply with the restrictions of the ALUC plan prior to approval both by law and per the General Plan. iv) Climate Action Plan: As further described in EIR Table 4.8.F: Project Consistency with the City of Madera Climate Action Plan, the implementation of Mitigation Measure GHG-1.1 would ensure the proposed Specific Plan incorporates design features consistent with the applicable measures as included in the City’s Climate Action Plan (CAP). With implementation of these measures, the Specific Plan is in compliance with the City’s CAP.

SECTION 4. Given that all of the findings can be made, the City Council approves Specific Plan 2017-01 (including the associated public facilities financing plan [PFFP]), as set forth in Attachment A.

The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 6. Based on the testimony and information presented at its public hearing on April 20, 2022, the City Council finds that the City previously prepared and certified an Environmental Impact Report (SCH #2018081051) (EIR) for The Villages at Almond Grove Specific Plan (Specific Plan). Further, the EIR was certified on April 20, 2022. The City Council further finds that no subsequent review is required under CEQA Guidelines section 15162 since that time as no substantial changes have been proposed in the project which will require major revisions of the previously certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Likewise, no substantial changes have occurred since that time with respect to the circumstances under which the project is undertaken which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. There is also no new information, which was not known and could not have been known at the time of the EIR that the project will have significant effect not discussed in the EIR. As such, the City Council finds Specific Plan No. 2017-01 has already been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

SECTION 7. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
ATTACHMENT “A”
Specific Plan (SPL 2017-01) (including associated Public Facilities Financing Plan (PFFP) (Attached as a Separate Document at:
https://www.madera.gov/home/departments/planning/#tr-current-projects-environmentalreview-2436011) ATTACHMENT 5: Resolution Initiating Annexation
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).

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA INITIATIATING

ANNEXATION OF THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN AREA (ANNEXATION NO. 22-01)
WHEREAS, the City of Madera desires to initiate proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]” and WHEREAS, the specific changes of organization requested consists of annexation to the City of Madera and detachment from the County of Madera of the area known as the Villages at Almond Grove Specific Plan (“Specific Plan”); and
WHEREAS, the Specific Plan area includes three (3) active Williamson Act contracts (Parcels 033-170-001, 033-170-009, and 003-170-005) in the southwest portion of the area (all of which are not currently proposed for development);
WHEREAS, a map of the boundaries of the territory is set forth in Exhibit “A” attached hereto and by this reference incorporated herein; and
WHEREAS, the proposed annexation area is within the Sphere of Influence (SOI) and the Urban Growth Boundary of the City of Madera; and
WHEREAS, the City has an agreement with the County of Madera to comply with Revenue and Tax Code Section 99 regarding property tax revenue transfer upon annexation, which MOU includes standards of annexations; and
WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the reasons for this proposed annexation is to allow for the implementation of City of Madera 2025 General Plan adopted October 7, 2009, which was a comprehensive update to the City’s then-existing General Plan, as further implemented by the Specific Plan; and WHEREAS, the Specific Plan area contains approximately 12 existing parcels containing approximately 1,883 acres within the City’s existing Urban Growth Boundary, and 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 (see Exhibit “A”); and
WHEREAS, approval of the Specific Plan would require approval of General Plan Amendment No. 2017-02, Specific Plan No. 2017-01 (adopting the Specific Plan), Pre-Zoning/ Rezoning No. 2017-05, Zoning Ordinance/ Madera Municipal Code Text Amendment No. 22-01, and Annexation No. 22-01; and
WHEREAS, the City prepared an Environmental Impact Report (EIR) (SCH #2018081051) for the Specific Plan, and this related annexation; and WHEREAS, the Planning Commission held a public hearing on April 5, 2022, to consider a recommendation to the City Council regarding annexation of the Specific Plan area; and WHEREAS, in conjunction with the public hearing on April 5, 2022, the Planning Commission considered a recommendation of prezoning and annexation for the Specific Plan area, consistent with the Specific Plan and the General Plan, as amended; and WHEREAS, on April 20, 2022, the City Council (1) adopted the findings required by CEQA Guidelines, section 15091; (2) certified the Specific Plan Environmental Impact Report (EIR) (SCH #2018081051); (3) adopted the proposed mitigation monitoring and reporting program (“MMRP”), and (4) adopted a statement of overriding considerations, pursuant to CEQA; and WHEREAS, after due consideration of all the items before it, the Planning Commission recommended the City Council initiate the annexation of the Specific Plan area; and WHEREAS, the City Council now desires to initiate annexation by approving Annexation No. 22-01.

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

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

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”) (SCH #2018081051) to evaluate the environmental effects of the Project, including the proposed annexation. As such, the City Council find that the annexation and related Specific Plan and project entitlements are specifically anticipated and assessed in the EIR, are consistent with the purpose and intent of the EIR, and identified annexation as being subject to streamlining under CEQA based on consistency with those documents. The impacts associated with the annexation was previously analyzed in the EIR. Further, the City Council find that there is no substantial new evidence in the record that this project may have additional significant impacts that were not analyzed as significant adverse effects in the EIR. Additionally, there is no substantial new evidence of potentially significant off-site impacts and cumulative impacts that were not discussed in the EIR, and no potentially significant adverse effects peculiar to the Project. The City Council find that there are no previously identified significant effects, which as a result of substantial new information which was not known at the time the EIR was certified, that have a more severe adverse impact than assessed in the EIR. Furthermore, none of the mitigation measures and alternatives previously determined to be infeasible are now feasible. Finally, no new mitigation measures or alternatives that would substantially reduce one or more significant effect on the environment have been identified. Based upon these findings, the City Council determine that no further environmental documentation is required for this project.

3. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the Madera General Plan, as amended by GPA No. 2017-02.

4. Recommendation for Approval. Based on the information provided above, the City Council of the City of Madera approves to initiate annexation for the entire Villages at Almond Grove Specific Plan area that is not within the City limits, by adopting a resolution of application requesting the Local Agency Formation Commission of Madera County to initiate proceedings for the change of organization of territory as described in Exhibit “A”, in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

5. Effective Date of Resolution. This Resolution shall become effective immediately. * * * * *
Exhibit A: The Villages of Almond Grove Specific Plan – Proposed Area of Annexation.

EXHIBIT “A”

PROPOSED AREA OF ANNEXATION
The proposed area of annexation consists of approximately 1,843 acres in the west of the City of Madera generally 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.

Current Assessor Parcel Numbers:
» 0331-700-01
» 0330-700-02
» 0330-700-03
» 0330-700-04
» 0330-700-05
» 0331-700-02
» 0331-700-05
» 0331-700-09
» 0331-700-10
» 0331-700-11
» 0331-800-02
» 0331-800-03

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Gary Conte, Planning Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Planning Commission Appointments
RECOMMENDATION:

Adopt a Resolution approving the appointment of Jose Chavez Garcia and Saim Mohammad to the Planning Commission
SUMMARY:

The term of office for Planning Commissioner (Commissioner) Ryan Cerioni, an appointee of District 5, ended December 1, 2020. Commissioner Cerioni, however, has continued to serve as required of the terms of office, absent reappointment or a successor being appointed to fill the vacancy. The term of office for Commissioner Alexander Salazar, an appointee of District 3, ended with his move of residency to a location outside the City.

The Mayor has considered nominations submitted to serve on the Planning Commission (Commission) and now desires to have his appointment of Saim Mohammad and Jose Chavez Garcia approved by the City Council (Council).

Staff recommends Council adopt a resolution approving the appointment of Saim Mohammad and Jose Chavez Garcia to the Commission. Their appointment terms will run through December 1, 2022.

DISCUSSION:

The City’s Municipal Code provides that the Commission is to be comprised of seven members.

The appointment process for members of the Commission was recently updated to bring the City’s Municipal Code into compliance with the California Government. In summary, each member of the Council makes a nomination to be considered for appointment by the Mayor. As there are seven members on the Commission, the Mayor also makes a direct appointment. The Mayor makes appointments to the Council Meeting of: May 4, 2022
Agenda Number: ____B-10______
Commission subject to approval by the Council. The Mayor’s appointments must be approved by the Council as whole, with the resolution of appointments approved by at least four members of the Council.

At this time, the Mayor has considered the nomination of Saim Mohammad submitted by Councilmember Steve Montes (District 3) and the nomination of Jose Chavez Garcia submitted by Councilmember Elsa Mejia (District 5), to serve on the Commission.

Appointments to the Commission are for a term of four years or until the Councilmember who nominated the Commissioner vacates his/her office, their replacement completes the original term of office. In the event a Commissioner’s term expires a resultant Councilmember seat change or vacancy, a Commissioner continues to serve until a new Commissioner is appointed or he/she is reappointed. Commissioners are required to be residents of the City. With the appointment of Saim Mohammad and Jose Chavez Garcia to the Commission, the appointments to the Commission will be as follows:

Table 1: Planning Commission roster*
Commissioner Nominating Councilmember Term of Commission Member Expires
Khubaib Sheikh Mayor Santos Garcia 12/01/24
Bobby Gran, Jr. Councilmember Cece Gallegos (District 1) 12/01/22 Rohi Zacharia Councilmember Jose Rodriguez (District 2) 12/01/24 Saim Mohammad Councilmember Steve Montes (District 3) 12/01/22 Balwinder Singh Mayor Pro Tem Anita Evans (District 4) 12/01/22 Jose Chavez Garcia Councilmember Elsa Mejia (District 5) 12/01/22 Ramon Lopez Councilmember Artemio Villegas (District 6) 12/01/24 *Commissioners nominated for appointment are identified in bold font.

FINANCIAL IMPACT:

None as Planning Commission members are not compensated for their service.

ALTERNATIVES:

Council may direct staff to draft further revisions to the Commissioner appointment process.

ATTACHMENTS:

1. Resolution

2. Application of Saim Mohammad

3. Application of Jose Chavez Garcia
RESOLUTION NO. ___________

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

APPOINTMENT OF JOSE CHAVEZ GARCIA AND SAIM MOHAMMAD TO THE CITY

OF MADERA PLANNING COMMISSION
WHEREAS, the City of Madera has established a Planning Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Municipal Code; and
WHEREAS, the Commission is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, the Mayor has appointed Councilmember Elsa Mejia’s nominee, Jose Chavez Garcia, for a term concluding December 1, 2022, and seeks the Council’s approval; and WHEREAS, the Mayor has appointed Councilmember Steve Montes’s nominee, Saim Mohammad, for a term concluding December 1, 2022, and seeks the Council’s approval; and WHEREAS, Jose Chavez Garcia and Saim Mohammad have expressed their desire to serve on the Commission.

NOW, THEREFORE, THE CITY 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 approves the appointment of Jose Chavez Garcia and Saim Mohammad to the City of Madera Planning Commission as Commissioners for the term ending December 1, 2022.

3. This Resolution is effective immediately.
* * * * *
: DigiSign Ve1ified: 184E4A2F-F47A-4038-B262-97F0623C9CE5 I
----------------------------------------------------

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE

APPLICATION
I hereby request that I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:
_Q ADA Adviso1y Council
_0_ Beautification Committee
_0_ CDBG Review and Adviso1y Committee
_@_ Planning Commission
_0_ Airpo1i Adviso1y Commission
_0_ Civil Service Commission
D Loan Review Committee
_0_ Transit Adviso1y Board
_0_ Other: ________ _
Please type or print in ink.

Mohammad

LASTNAME
Saim

FIRSTNAME
Madera, CA 93637

CITY, STATE, ZIP
Madera, CA 93637
M.I.

MAILING ADDRESS CITY, STATE ZIP E-MAIL ADDRESS
-
___________ Realtor ___. - '----

EMPLOYER JOB TITLE BUSINESS PHONE

LENGTH OF RESIDENCE IN CITY ARE YOU A REGISTERED VOTER HA VE YOU EVER BEEN OF MADERA OF THE CITY OF MADERA? CONVICTED OF A FELONY? 18 YEARS MONTHS 0 YEs O No YES No
EDUCATIONAL BACKGROUND:

From elementary to high school, I have always attended a Madera Unified District school. Upon graduating high school from Madera High School in 2015, I attended UC Merced for a sununer bridge program and completed two semesters there. Due to family obligations, I moved back home & stopped taking classes. I am proud to say I am now attending Madera Conuuunity College from where I will earn my associates degree soon. From there I will go on to earning my bachelors degree from Fresno State.

City Clerk
Update 7/ 19/ 13
Page I of2
: DigiSign Ve1ified: 184E4A2F-F47A-4038-B262-97F0623C9CE5 I
----------------------------------------------------

PLEASE LIST ANY ORGANIZATIONS OF WHICH YOU ARE A MEMBER AND ANY OFFICES YOU HA VE HELD IN THOSE ORGANIZATIONS:

I am a general member of the Madera Community Hospital Foundation Adviso1y Board and have not se1ved in an office position yet. I am also a general member in the Central Valley Islamic Council and have not se1ved in an office position.

PLEASE LIST ANY APPOINTED PUBLIC BOARDS OR COMMISSIONS ON WHICH YOU HA VE SERVED, DATES OF SERVICE AND ANY CHAIRMANSHIP OR OFFICE HELD:

I have not se1ved in any appointed public boards or commissions.

I AM INTERESTED IN SERVING FOR THE FOLLOWING REASONS:

I would like to se1ve because it will give me the opportunity to provide alternative perspectives and ideas that resonates with the youth of the City of Madera. I believe as a realtor I can provide feedback or ideas that will add value and help me play a key role. I am looking fo1ward to having a voice in decision making, as well as developing new skills while se1ving as a member.

REFERENCES (Optional):
12/01/2021
City Clerk
Update 7/ 19/ 13

DATE SIGNATURE
PLEASE RETURN COMPLETED APPLICATION TO:

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West Fourth Street
Madera, CA 93637
(559) 661-5405
(559) 674-2972 Fax
Page2of2

CITY OF MADERA

COMMISSION, BOARD, AND COMMITTEE

APPLICATION
r hereby request that I be considered as a nominee for the following City of Madera Commission, Board, or Committee:

PLEASE CHECK ONE OR MORE:
il ADA Advisory Council
il Beautification Committee
il CDBG Review and Advisory Committee
fil Planning Commission
fi Airport Advisory Commission
_0_ Civil Service Commission
_Q Loan Review Committee
fi Transit Advisory Board
il Other:" ________ _
Please type or print in ink.

Chavez Garcia Jose E
LAST NAME FIRST NAME M.I.
_ L _____ J MM_a~d~e~ra!i_, _gc~A..@9~36~3!§8~------~~~~-- H0ME ADDRESS CITY. ST ATE, ZIP Madera, CA 93638
MAILING ADDRESS CITY. STATE ZIP

HOME PHONE

E-MAIL ADDRESS

EMPLOYER
- Central California Lead

JOB TTTLE BUSINESS PHONE

LENGTH OF RESIDENCE IN CITY ARE YOU A REGISTERED VOTER HAVE YOU EVER BEEN OF MADERA OF THE CITY OF MADERA? CONVICTED OF A FELONY? 1L_YEARSL_ MONTHS O YEs @ No 0 YEs 0 No
EDUCATIONAL BACKGROUND:

I am a graduate of Washington Elementary, Thomas Jefferson Middle School and Madera High School. I have a Bachelor of Arts in Political Science, Bachelor of Arts in Spanish: Language and Culture, and a minor in International Studies from Fresno Pacific University.

Ci')'Clerk
Update 7 / 19/13

Page 1 ends

Madera City CouncilMay 4, 2022

Madera City Council
May 4, 2022