FISCAL YEAR: 2022/23 to 2022/23
SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY FOR
TORT LIABILITY
This is to certify that LOCAL AGENCY has elected to be self-insured under the self-insurance provision provided in Exhibit C, Section 17.
By:
Signature Printed Name
Title Date
SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY
FOR
WORKER'S COMPENSATION BENEFITS
This is to certify that LOCAL AGENCY has elected to be self-insured for Workers' Compensation benefits which comply with Labor Code Section 3700 as provided in Exhibit C, Section 18.
By:
Signature Printed Name
Title Date
SELF-INSURANCE CERTIFICATION BY LOCAL AGENCY
FOR
LOCAL AGENCY-OWNED VEHICLES
This is to certify that LOCAL AGENCY has elected to be self-insured for local agency-owned vehicles under the self-insurance provision provided in Exhibit D, Schedule D.
By:
Signature Printed Name
Title Date
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 24
EXHIBIT E
DESCRIPTION OF OTHER SERVICES
FISCAL YEAR: 2022/2023
Administration:
Duties and Responsibilities of the:
Madera City Fire Chief:
The Madera-Mariposa-Merced Unit Chief, acts as the Madera City Fire Chief in accordance with the California Department of Forestry & Fire Protection (CAL FIRE) Cooperative Fire Protection Agreement and is appointed by the Madera City Council to serve in that capacity. The Fire Chief serves at the direction of, and receives overall administrative policy guidance from, the City Manager. The Fire Chief provides leadership, guidance and management direction in all Fire Department activities; including personnel and administrative issues. The Fire Chief directs and is responsible for major department programs which include; performing and coordinating personnel management, organizational staffing, financing, equipment management and maintenance, communications and records, fire prevention and suppression methods, assisting in disaster preparedness, and laws, rules and regulations relating to the fire department and the control and prevention of fires.
The Fire Chief provides direction to staff in coordination of the preparation, development, and expenditures of the Schedule A and C budgets; the maintenance, repair, improvement, and replacement of equipment, fire stations, and other facilities; the inventory and requisitioning of materials, supplies, and equipment; the continuing development and utilization of a fire communications system; and the preparation of records and reports including inspections of the fire company equipment and facilities as necessary.
In an effort to improve fire protection, and because cooperative and regional fire protection assists all agencies in reducing costs, improved response times and enhanced staffing levels; the Fire Chief will work with the City Manager, and seek approval through the City Council, in the coordination and facilitation of any Automatic Aid/Mutual Aid Agreements for fire protection between Madera City, the Counties that lie contiguous to Madera City and the City of Chowchilla.
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) RECOMMENDATION:
Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days SUMMARY:
On January 19, 2022, the Council elected to return to remote meetings as permitted under AB 361. Approval of the resolution allows for the remote meeting procedures that the City had been using throughout the COVID-19 pandemic, subject to certain requirements that must be considered as part of the determination (by resolution) to adopt remote meeting protocols.
DISCUSSION:
The City may meet via remote teleconferencing if it adopts a resolution, that makes specific findings in support of conducting remote meetings. The City may extend the authorization in additional 30 day increments for the duration of the declared emergency, or until the Council decides to return to in-person meetings, or otherwise continues to comply with the regular remote meeting requirements of the Brown Act.
Table 1 identifies the differences between standard Brown Act remote teleconferencing and AB 361 teleconferencing. It is noted the City must still provide advance notice of public meetings and must continue to post meeting agendas consistent with the provisions of the Brown Act.
Council Meeting of: June 15, 2022
Agenda Number: B-11
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
If the legislative body of a local agency elects
to use teleconferencing, it shall post agendas
at all teleconference locations and conduct
teleconference meetings in a manner that
protects the statutory and constitutional
rights of the parties or the public appearing
before the legislative body of a local agency.
Agendas not required to be posted at all
teleconference locations.
Meeting must still be conducted in a
manner that protects the statutory and
constitutional rights of the parties or the
public appearing before the legislative
body of a local agency.
If the legislative body of a local agency elects
to use teleconferencing, each teleconference
location shall be identified in the notice and
agenda of the meeting or proceeding, and
each teleconference location shall be
accessible to the public.
Agendas are not required to identify each
teleconference location in the meeting
notice/agenda.
Local agencies are not required to make
each teleconference location accessible
to the public.
If the legislative body of a local agency elects
to use teleconferencing during the
teleconferenced meeting, at least a quorum
of the members of the legislative body shall
participate from locations within the
boundaries of the territory over which the
local agency exercises jurisdiction.
No requirement to have a quorum of
board members participate from within
the territorial bounds of the local
agency’s jurisdiction.
If the legislative body of a local agency elects
to use teleconferencing, the agenda shall
provide an opportunity for members of the
public to address the legislative body directly
at each teleconference location.
In each instance in which notice of the
time of the teleconferenced meeting is
given or the agenda for the meeting is
posted, the legislative body shall also give
notice of the manner by which members
of the public may access the meeting and
offer public comment.
The agenda shall identify and include an
opportunity for all persons to attend via a
call-in option or an internet-based service
option.
The legislative body shall allow members
of the public to access the meeting, and
the agenda shall include an opportunity
for members of the public to address the
legislative body directly.
In the event of a disruption which
prevents the local agency from
broadcasting the meeting to members of
the public using the call-in option or
internet-based service option, or in the
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
event of a disruption within the local
agency’s control which prevents
members of the public from offering
public comments using the call-in option
or internet-based service option, the
legislative body shall take no further
action on items appearing on the meeting
agenda until public access to the meeting
via the call-in option or internet-based
service option is restored.
Written/remote public comment must be
accepted until the point at which the
public comment period is formally closed;
registration/sign-up to provide/be
recognized to provide public comment
can only be closed when the public
comment period is formally closed.
ATTACHMENTS:
1. Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY
COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING
COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361
FOR A PERIOD OF THIRTY DAYS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including the City of Madera; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020; and WHEREAS, the City Council of the City of Madera adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, the City of Madera (“City”) is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as “legislative bodies;” and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code sections 54950 – 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953 (b) (3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:
1. Each teleconference location from which a member is participating is noticed on the agenda;
2. Each teleconference location is accessible to the public;
3. Members of the public must be able to address the body at each teleconference location;
4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and
5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:
1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards, Commissions, and Standing Committees to meet safely in person; and
2. The State of California and the County of Madera continue to recommend measures to promote social distancing.
WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public via Zoom in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953 (e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. The City Council finds that the state of emergency conditions related to COVID- 19 as set forth in the Governor’s and City’s Proclamations of Emergency and are ongoing.
Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.
Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor and the City in the City and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.
Section 5. The City Council finds that the state of emergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.
Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code section 54953(e) et seq.
Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.
Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) July 15, 2022 or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e) et seq.
* * *
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Initiating Proceedings for Annexation of Pecan Square Subdivision (Tract No. 20-S-02) into the City of Madera Landscape Maintenance District Zone of Benefit 8 RECOMMENDATION:
Adopt Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 8, to Review the Improvements and Assessments for Fiscal year 2023/24, and Setting a Public Hearing 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 the annexation the Project to the applicable Landscape and Lighting Assessment District. Attachment 1 illustrates a Project Location Map.
DISCUSSION:
The Final Map for Pecan Square Subdivision was approved City Council at the regular meeting of the City Council on May 4, 2022. Annexation of the Pecan Square Subdivision (Tract No. 20-S-02) into Landscape and Lighting Assessment District Zone of Benefit 8 is one component of the project that must be approved prior to recordation of the Final Map.
The Subdivider, D.R. Horton CA3, Inc., a Delaware Corporation, has signed a Landowner’s Consent for annexation into Zone of Benefit 8 of LMD. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA.
FINANCIAL IMPACT:
Council Meeting of: June 15, 2022
Agenda Number: _______ B-12
The Subdivision is included in the City’s Community Facilities District (CFD) and the City-Wide Landscape Maintenance District (LMD)to offset any impacts to the City’s General Fund.
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 adopt resolution. If Council does not adopt the resolution to initiate annexation proceedings, 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. Project Location Map
2. Resolution – Initiation of Proceedings for Annexation into Zone of Benefit 8 Exhibit A – Proposed Boundaries of Subject Property to Madera - Landscaping & Lighting Maintenance District Zone 8, City of Madera, Madera County, California Exhibit B – Zone Diagram
Exhibit C – Rate and Apportionment
3. Covenant – LMD Zone 8
Exhibit A – Legal Description
Attachment 1
Project Location Map
Attachment 2
Resolution
Initiation of Proceedings for Annexation into Zone of Benefit 8 RESOLUTION NO. 22-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY INTO
CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE OF BENEFIT 8, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2023-2024, AND SETTING A PUBLIC HEARING
WHEREAS, the Landscaping and Lighting Act of 1972 (“Act”) provides and establishes procedures for annexing properties to an existing Landscaping and Lighting Assessment District; and
WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act” to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the District public right-of-way; and
WHEREAS, not only will annexing this new development into the existing district ensure that all benefitting parcels share equally in the costs to maintain the improvements, but consolidating the benefitting developments into a single assessment district will facilitate their management by the City; and
WHEREAS, the proceedings for the annexation of the aforementioned tracts and public lands to the District are authorized by and will be conducted pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code; and
WHEREAS, pursuant to Streets and Highways Code section 22608, resolutions, reports, notices of hearing, and the right of majority protest may be waived with the written consent of all landowners of the territory to be annexed; and
WHEREAS, D.R. Horton CA3, Inc., a Delaware Corporation is the landowner of the property proposed for annexation and generally located at Southeast of the intersection of intersection of Pecan Avenue and Monterey Street, and which is also known as Pecan Square Subdivision (Tract No. 20-S-02), whose final map is being concurrently considered by the City Council, as further described or depicted on Exhibit A (“Subject Property”) and diagrammed in Exhibit B; and
WHEREAS, D.R. Horton CA3, Inc., a Delaware Corporation, has provided a petition for annexation and written consent to waiver of resolutions, reports, notices of hearing, and the right of majority protest regarding the Subject Property, as well as consenting to the amount of the proposed levy for the current fiscal year; and
WHEREAS, as a result, no report by the City Engineer is required to be prepared and filed with the City Clerk which outlines the land to be annexed, etc.; and WHEREAS, this City Council now desires to proceed to adopt this Resolution of Intention to declare its intent to annex the Subject Property into LMD Zone of Benefit 8, and to set and specify the levy and collection of assessments, and to set a time and place for a public hearing relating to the annexation of the subject property into LMD Zone of Benefit 8.
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 proposes to annex the property into LMD Zone of Benefit 8 of City of Madera City-Wide Landscape Maintenance District formed by the City Council for the City of Madera per Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code and pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highways Code). The property proposed to be annexed is identified on Exhibit “A.” and diagrammed in Exhibit B.
3. The property proposed to be annexed and to be specifically charged for the improvements shall include all of the land identified on Exhibit “A” and shall be designated part of LMD Zone of Benefit 8
4. The improvements which are provided for the properties within City of Madera Landscape Maintenance District, and which shall be provided for the property within LMD Zone of Benefit 8 by and through the assessments levied annually thereon shall include the following:
a. The installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands; and
b. The installation or construction of irrigation systems; and c. The maintenance and servicing of any of the foregoing.
5. The City Engineer of the City of Madera is hereby designated the engineer for the annexation proceedings. The City Council finds that the landowner has presented a written consent, and that the engineer is not required to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, consistent with the Landscaping and Lighting Act of 1972.
6. The City Engineer is hereby directed to review, and modify the assessments levied against parcels previously within LMD Zone of Benefit 8 district boundaries in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972 for the annexation proceedings, as required by Chapter 2 of Part 2 of Division 15 of the Landscaping and Lighting Act of 1972. The proposed assessments upon the lots and parcels of land are set forth in Exhibit “C.”
7. Notice is given that on the 1st day of July, 2022, at the hour of 6:00 p.m., in the regular meeting place of the City Council being the Council Chambers located at 205 W. Fourth Street, Madera, California 93657, a public hearing will be held where this City Council will consider the authorization for the annexation of the Subject Property into City of Madera City-Wide Landscape Maintenance District Zone of Benefit 8 , the proposed method and apportionment of the levy with the Subject Property and all other matters as set forth in this Resolution of Intention. Pursuant to the petition, all of the landowner(s) within the Subject Property have waived all applicable resolutions, reports, notices of hearing, and the right of majority protest.
At such public hearing, the testimony or protest of all interested persons for or against the annexation of the Subject Property or the imposition of levy of assessments within the Subject Property will be heard.
8. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Proposed Boundaries of Subject Property to Madera - Landscaping & Lighting Maintenance District Zone 8, City of Madera, Madera County, California
Exhibit B
Zone Diagram (Page 1 of 2)
Exhibit B
Zone Diagram (Page 2 of 2)
Exhibit C
Rate and Apportionment (Sheet 1 of 6)
Lot Owner Assessment Amount
(FY 2022/2023)
1 DR Horton CA3, Inc., a Delaware Corporation $ 33.93
2 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
3 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
4 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
5 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
6 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
7 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
8 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
9 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
10 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
11 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
12 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
13 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
14 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
15 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
16 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
17 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
18 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
19 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
20 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
21 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
22 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
Exhibit C
Rate and Apportionment (Sheet 2 of 6)
Lot Owner Assessment Amount
(FY 2022/2023)
23 DR Horton CA3, Inc., a Delaware Corporation $ 33.93
24 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
25 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
26 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
27 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
28 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
29 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
30 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
31 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
32 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
33 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
34 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
35 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
36 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
37 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
38 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
39 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
40 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
41 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
42 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
43 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
Exhibit C
Rate and Apportionment (Sheet 3 of 6)
Lot Owner Assessment Amount
(FY 2022/2023)
44 DR Horton CA3, Inc., a Delaware Corporation $ 33.93
45 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
46 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
47 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
48 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
49 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
50 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
51 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
52 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
53 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
54 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
55 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
56 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
57 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
58 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
59 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
60 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
61 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
62 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
63 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
64 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
65 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
Exhibit C
Rate and Apportionment (Sheet 4 of 6)
Lot Owner Assessment Amount
(FY 2022/2023)
66 DR Horton CA3, Inc., a Delaware Corporation $ 33.93
67 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
68 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
69 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
70 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
71 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
72 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
73 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
74 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
75 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
76 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
77 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
78 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
79 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
80 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
81 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
82 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
83 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
84 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
85 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
86 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
Exhibit C
Rate and Apportionment (Sheet 5 of 6)
Lot Owner Assessment Amount
(FY 2022/2023)
87 DR Horton CA3, Inc., a Delaware Corporation $ 33.93
88 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
89 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
90 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
91 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
92 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
93 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
94 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
95 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
96 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
97 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
98 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
99 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
100 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
101 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
102 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
103 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
104 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
105 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
106 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
107 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
Exhibit C
Rate and Apportionment (Sheet 6 of 6)
Lot Owner Assessment Amount
(FY 2022/2023)
108 DR Horton CA3, Inc., a Delaware Corporation $ 33.93 109 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
110 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
111 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
112 DR Horton CA3, Inc., a Delaware Corporation
$ 33.93
Attachment 3
Covenant
LMD Zone 8
RECORDING REQUESTED BY:
City of Madera
WHEN RECORDED RETURN TO:
City of Madera
205 W. 4th Street
Madera, CA 93637
Attention: City Clerk
_________________________________________________________________________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code
COVENANT
LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 8
WHEREAS, D.R. Horton CA3, Inc., a Delaware Corporation, hereinafter referred to as “Covenantor,” is the owner of the real property situated in the City of Madera, County of Madera, State of California, hereinafter referred to as “Subject Property” and more particularly described in attached Exhibit “A” which is incorporated by reference; and WHEREAS, the Covenantor hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this instrument; and
WHEREAS, all such instruments of Subordination, if any, are attached hereto and made a part of this instrument; and
WHEREAS, Covenantor is required by the City as a condition of Tentative Subdivision Map (TSM) 2019-03 approval and the Improvement Agreement to annex to the City’s Landscape Maintenance District; and
WHEREAS, the Planning Commission on May 12, 2020 approved Tentative Subdivision Map TSM 2019-03 and on December 8, 2020, the Planning Commission approved an amendment, TPM 2019-03 MOD, for the Pecan Square Subdivision (Tract No. 20-S-02) which provided for the annexation of this subdivision into the aforementioned Zone of Benefit; and
WHEREAS, maintenance of the landscaping associated with the Subject Property shall be the responsibility of the City’s Landscape Maintenance District subject to acceptance of the subdivision and all improvements including said landscaping.
NOW, THEREFORE, it is agreed:
1. In consideration of the foregoing and the approval of the Tentative Subdivision Map and Rezone for the residential parcels, by the City of Madera, the undersigned hereby covenants, promises and agrees with the City of Madera for the benefit of said City.
2. The Covenantor consents to annexation of said Subject Property to the City’s Landscape Maintenance District, has petitioned the City to annex said Subject Property to said district pursuant to Streets and Highways Code Section 22605, and pursuant to California Constitution Article, XIII D, section 5(b), waives any right to protest or object to such annexation.
3. The Covenantor agrees that the Subject Property receives a special benefit, as the term is defined in California Constitution Article, XIII D, section 2(i), from being annexed to Landscape Maintenance District, and that special benefit includes, but is not limited to, the right and ability to develop the Subject Property.
4. The Covenantor consents to an annual assessment on the Subject Property currently in an amount not to exceed $33.93 per each of the 112 dwelling units. The Covenantor agrees that this assessment is proportional to, and no greater than, the special benefit conferred on the Subject Property by being annexed into the Landscape Maintenance District. The Covenantor also consents to an annual change in the range of the assessment in the amount of the Engineering News Record Construction Cost Index (ENRCC), plus two percent (2%). The Covenantor agrees that if such change in the range of the assessment is implemented less frequently than an annual basis, the change may be based upon the total change in the ENRCC Index since the most recent change in the assessment plus two percent per year. The Covenantor further agrees that temporary decreases in assessment do not represent a waiver of other provisions of this covenant and that the assessment may later be reset to an amount consistent with the assessment prior to the reduction plus the total change in the ENRCC Index plus two percent per year but only to the degree necessary to cover actual and reasonable costs.
5. The Covenantor agrees that he/she has received the written notice required by California Constitution Article, XIII D, Section 4(c).
6. The Covenantor agrees that this shall constitute a ballot in support of the proposed assessment pursuant to California Constitution Article, XIII D, Section 4(d).
7. Furthermore, should City hold a hearing notwithstanding such waiver, Covenantor waives the requirement of 45 days’ notice of such hearing in favor of a five-day notice of such hearing.
8. The Covenantor shall fully disclose this covenant to every potential purchaser of the Subject Property.
9. It is the intention of the parties hereof that this document shall constitute a covenant in favor of the City of Madera and shall run with the land and be binding upon the undersigned, its grantees, heirs, successors and assigns.
10. The Covenant shall be released and be of no further effect upon written determination by the undersigned and the City Engineer of the City of Madera that its continued existence and enforcement are no longer necessary.
11. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any other provision or portion thereof shall not affect the validity or enforceability of any one provision thereof.
Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.
12. This Covenant shall be effective on ______________, 2022.
IN WITNESS WHEREOF, the parties duly executed this Covenant.
CITY OF MADERA:
By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:
By: _______________________
Hilda Cantú Montoy, City Attorney
ATTEST:
By: _____________________
Alicia Gonzales, City Clerk
APPROVED:
By: _____________________
Keith B. Helmuth, P.E., City Engineer
COVENANTOR:
D.R. Horton CA3, Inc., A Delaware Corporation
By: __________________________
David Hatch, Division President
NOTARY ACKNOWLEDGEMENT
REQUIRED
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)
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 2022
________________________________ Agenda Number: C-1
Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Public hearing on the Community Development Block Grant (CDBG) 2022-2023 Action Plan funding allocation
RECOMMENDATION:
Conduct the public hearing to approve tentative allocations for the use of CDBG 2022-2023 Action Plan funds in the amount of $982,010
SUMMARY:
On May 13, 2022, City of Madera (City) received notification from the U.S. Department of Housing and Urban Development (HUD), that it was eligible to receive an allocation for the CDBG 2022- 2023 Action Plan funds, in the amount of $922,010. It is noted that there is also an additional $60,000 of reallocation housing funds from the 2021-2022 allocation that will be reallocated into this Action Plan. The public hearing is for City Council (Council) to consider funding recommendations proposed by the Block Grant Commission (BGC) for thisfunding, and to receive input from the public, to determine tentative funding allocations. Per HUD regulations, a 30-day public comment period is required after approving tentative allocations. After such period culminates, staff will bring back the tentative allocations during a future public hearing, for final approval by Council.
DISCUSSION:
The City is a CDBG entitlement jurisdiction which receives an annual funding allocation. Each year, the City is eligible to apply for and receive the funds, through the development and submittal of an Action Plan. HUD has three national objectives for the CDBG program. When submitting the annual Action Plan to HUD, all proposed activities must meet at a minimum, one of the following objectives:
Benefit to low- and moderate- income (LMI) persons; or Aid in the prevention or elimination of slums or blight; or Meet a need having a particular urgency (referred to as urgent need).
In addition to the national objectives that HUD requires and through the development of a fiveyear Consolidated Plan, the City has identified the following primary and secondary-tier priorities for funding cycles 2020-2024:
Primary
o Quality Housing (Rent affordability and rental assistance) o Homelessness (Supportive services and prevention)
Secondary-Tier
o Neighborhood Revitalization (Infrastructure Improvements, Streets/Roads/Lighting and Community Centers/Parks)
ELIGIBLE USES OF FUNDS
When the City is awarded its specified allocation, HUD requires that funds be spent on activities across three distinct categories:
Administration; 20 percent maximum of allocated funding Public Services; 15 percent maximum of allocated funding Capital Projects/Public Improvements; no minimum or maximum thresholds of the available funding.
The maximum percentage allocation amounts are always based on the current year award, which for 2022-2023 Action Plan is $922,010. This means the maximum amounts for Administration and Public Service are $184,402 and $138,301, respectively.
SUMMARY OF SUBRECIPIENT GRANT APPLICATIONS
In the Spring of 2022, City staff released a Request for Funding Proposal (RFP) inviting eligible and interested entities to submit applications for CDBG 2022-2023 funds. There was a total of 10 applications received. The BGC convened on June 6, 2022 and June 8, 2022 to review applications, listen to presentations made by the interested entities, and to deliberate over the merits of each applicant due to receive CDBG funding. Their primary objective was to derive at consensus on funding distributions and propose such recommendations to Council.
Table 1 below indicates the funding limits that can be allocated to administration, public service, and capital projects. The third column breaks down the amounts requested by category, and contains the total amount requested by the applicants.
Table 1: Requested Grant Funding by Applicants
Funding Categories Maximum that can
be allocated
Requested grant
amount
Administration (20% maximum)
(2 grant proposal received)
$184,402 $204,402
Public Service (15% maximum)
(7 grant proposals received)
$138,301 $433,986
Capital Projects/Public Improvements (no maximum)
(2 grant proposals received)
Current Year Allocated Amount $599,306 $50,000
2021-2022 Rollover Amount $60,000
Total Capital Project/Public Improvements $659,306
Total $982,010 $688,388
BGC ADMINISTRATION ALLOCATION
For CDBG Administration, there were only two applications. Table 2 below shows the applicants, the amounts requested and the BGC recommendation. The eligible allocation is $184,402 and the total requested is $204,402.
Table 2: BGC Recommended Administration Allocations
Applicant
Amount
Requested
BGC
Recommendation
City; Action Plan Administration
Administration to Oversee CDBG program $184,402 $164,402 CAPMC – Fresno Madera Continuum of Care
Point-in-Time Count Administration $20,000 $20,000
Total $204,402 $184,402
BGC PUBLIC SERVICES ALLOCATIONS
For CDBG Public Service, there were a total of 7 applications. The BGC followed HUD’s National Objectives, along with the City’s Priorities, to come up with the recommendations for Public Service. Table 3 below has a breakdown of the applicant, the amount requested and the recommendation from the BGC. The eligible allocation is $138,301 and the total requested is $433,986.
Table 3: BGC Recommended Public Service Allocations
Applicant Amount
Requested
BGC
Recommendation
Big Brothers Big Sisters of Central California - High School Bigs Program $10,000 $0
Youth Mentoring STEM
Madera Coalition for Community Justice
Madera Rental Assistance Project $86,825 $30,000
Madera Coalition for Community Justice - Madera Youth Leaders Street Art Project
Downtown Improvement Street Art
$27,403 $0
Madera Rescue Mission- Homeless Services Program
Homeless Prevention and Services $34,500 $34,500
O.L.I.V.E. Charitable Organization - O.L.I.V.E. Safe House Temporary Victim Housing $37,400 $37,400
Pequeños Empresarios Inc. -
Child Entrepreneurship and Education Program $89,358 $10,000 City of Madera, Parks & Community Services – Madera Senior Nutrition & Recreation Programs
Senior Wellness, Meals, and Recreation
$148,500 $35,401.50
Total $433,986 $138,301.50
CAPITAL PROJECTS/PUBLIC IMPROVEMENTS
For CDBG Capital Projects/Public Improvements, there were a total of 2 applications. Table 4 below has the Capital Projects/Public Improvements applicants, their requested amount and the BGC recommendation. The total available allocation is $659,306 and the total requested is $50,000. Staff is working on preparing and releasing another Request for Funding Proposal (RFP) for the remaining Capital Projects/Public Improvements balance in the amount of $609,306.50.
The City will be submitting a grant application.
Table 4: BGC Recommended Capital Projects/Public Improvements Allocations Applicant
Amount
Requested
BGC
Recommendation
City; Engineering Department
Front Counter ADA Compliant Upgrades $25,000 $25,000
City; Public Works Department
Beautification Project $25,000 $25,000
Total $50,000 $50,000
A 30-day public review and comment period will begin on June 16, 2022 should tentative allocations be approved during this Council meeting. All interested parties are invited to provide written comments for the City, to consider before Council makes final allocations. The public review and comment period will expire July 20, 2022 at 5 pm. This item has been tentatively scheduled for Council consideration at its July 20, 2022 meeting.
FINANCIAL IMPACT:
The City will be administering the 2022-2023 grant with the requested administration funding. If the City is not awarded the administration request from the CDBG 2022-2023 Action Plan, the administration expenses may impact the General Fund.
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
The HUD CDBG program supports the Vision Madera 2025 Plan as follows:
Strategy 136:
o Transitional Housing: Promote transitional housing to ensure the homeless have safe shelter.
Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles. Strategy 337:
o Develop programs for Maderans of all ages with an emphasis on youth and senior activities.
Strategy 121.1:
o Add facilities and amenities for the public.
ALTERNATIVES:
As an alternative to the BGC’s recommendations, the Council may:
1. Reject the BGC’s allocations.
2. Adjust the BGC’s allocations.
3. Develop new allocations.
ATTACHMENTS:
1. CDBG 2022-20223Action Plan Grant Funding Applications Public Service Applicants
1. Pequeños Empresarios
2. Big Brothers Big Sisters of Central California
3. O.L.I.V.E Charitable Organization
4. Madera Rescue Mission
5. City of Madera, Parks and Community Services Department
6. Madera Coalition for Community Justice (MYLSA)
7. Madera Coalition for Community Justice
Administration Applicants
8. Community Action Partnership of Madera County
Capital Project/Public Improvements Applicants
9. City of Madera, Engineering Department
10. City of Madera, Public Works Department
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 2022
_________________________________ Agenda Number: ___________ Gary Conte, Planning Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Amendment No. 3 to Professional Services Agreement with Provost and Pritchard Consulting Group RECOMMENDATION:
Adopt a Resolution Approving Amendment No. 3 to Agreement For Professional Planning Services With Provost & Pritchard Consulting Group, Designating Source Of Funds For Amendment No. 3, and Approving Amendment to the General Fund Budget for a Budget Line Item Increase of $100,000 SUMMARY:
On April 1, 2020, Council approved the original Professional Services Agreement with Provost and Pritchard Consulting Group (P&P) for a contract amount not-to-exceed $50,000. On January 6, 2021, Council approved Amendment No. 1 to the Agreement in the amount of $50,000 for consultant services, which increased the contract amount from $50,000 to $100,000. On April 21, 2021, Council approved Amendment No. 2 to the Agreement in the Amount of $250,000 for consulting services. In addition to continued planning support services for the Planning Department, Amendment No. 2 also included environmental review services for projects within the Capital Improvement Program (CIP) administered by the Engineering Department. Funds are available in the CIP budget to finance the additional funds of $100,000 for CIP environmental review services in Amendment No. 2. Funds are available in the General Fund to finance the additional $150,000 for Professional Planning Services applicable to land use entitlement services in Amendment No. 2.
DISCUSSION:
The City continues to receive an unprecedented number of land use entitlement applications impacting the Planning Department’s ability to process applications in a timely matter based on its current staffing resources. The Planning Department is presently processing over 60 discretionary and ministerial entitlement applications in addition to reviewing building plot plan and construction plan reviews, and environmental reviews for other City Departments. The City hired P&P to assist the Planning Department in performing such services. The terms of the Agreement will remain the same as indicated in the original Agreement, as amended.
D-1
Table 1 provides a summary of contracts awarded to P&P.
Table 1: Recent and Proposed contracts with P&P
Council meeting date Services Amount
April 1, 2020 Land Use Entitlement & Environmental review pursuant to the California Environmental Quality Act (CEQA)
A portion of funds are recovered as part of development entitlement permit fees.
$50,000
January 6, 2021 Land Use Entitlement & Environmental review pursuant to the California Environmental Quality Act (CEQA)
A portion of funds are recovered as part of development entitlement permit fees.
$50,000
April 21, 2021 Land Use Entitlement & Environmental review pursuant to the California Environmental Quality Act (CEQA)
A portion of funds are recovered as part of development entitlement permit fees.
$150,000
April 21, 2021 Environmental review pursuant to the California Environmental Quality Act (CEQA) and National
Environmental Policy Act for Capital Improvement Projects (CIP) for projects funded via Community Development Block Grant (CDBG) funds, Congestion Mitigation Air Quality Funds (CMAQ) and Affordable Housing Sustainable Communities
(AHSC)
Note that projects costs are charged against the project budget, thus there is no impact to the City’s General Fund $100,000
June 15, 2022 Land Use Entitlement & Environmental review pursuant to the California Environmental Quality Act (CEQA)
A portion of funds are recovered as part of development entitlement permit fees.
$100,000
FINANCIAL IMPACT:
A portion of the Addendum No. 3 fee increase will be borne by fees paid by applicants of land use and development entitlements. The amendment to the P&P Professional Services Agreement will result in a fiscal impact to the City’s General Fund. While the additional contract amount was not completed during the preparation of the Fiscal Year 2020/21 Budget, unassigned funds from the City’s General Fund are available to Council appropriation. It should be noted the cost is generally higher when hiring a consultant to process entitlement applications and perform environmental reviews compared to in-house project application and environmental reviews. When Planning has available staff to adequately provide timely entitlement and environmental reviews in-house, there will be substantial savings.
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
The recommended Amendment No. 3 to the Professional Services Agreement with P&P is integral to the review and approval process for development projects. As such, approval of Addendum No. 3 is consistent with the City’s vision statements for “a well-planned city” and “good jobs and economic opportunity.” ALTERNATIVES:
As an alternative to staff’s recommendation, the Council may:
1. Authorize a lesser budget increase to the Professional Services Agreement with (P&P) Consulting Group.
2. Direct staff to solicit additional proposals for professional planning and environmental services.
Such action will represent a delay of approximately three to four months due to the advertisement period, review of proposals, and selecting a consultant.
ATTACHMENTS:
1. Resolution
2. Amendment No. 3 to Professional Services Agreement Between Provost and Pritchard Consulting Group and the City of Madera for Planning Services
Attachment 1
Resolution
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL PLANNING SERVICES
WITH PROVOST & PRITCHARD CONSULTING GROUP, DESIGNATING SOURCE OF FUNDS FOR AMENDMENT NO. 3, AND APPROVING AMENDMENT TO THE CITY
OF MADERA GENERAL FUND BUDGET FOR A BUDGET LINE ITEM INCREASE OF $100,000
WHEREAS, the City is in need of land use planning and environmental review services in connection with its efforts to assure compliance with applicable State regulations, City municipal codes and standards; and
WHEREAS, Provost & Pritchard Consulting Group has been identified as a firm having the professional competence, experience, and qualifications to provide professional planning and environmental services; and
WHEREAS, the City Council (Council) adopted Resolution No. 20-46 entering into an agreement with Provost & Pritchard Consulting Group to provide professional planning and environmental review services; and
WHEREAS, on January 6, 2021 the Council approved amendment No. 1 under Resolution No. 21- 05; and
WHEREAS, on April 21, 2021 the Council approved amendment No. 2 under Resolution No. 21- 54; and
WHEREAS, it has been determined that additional planning and environmental services assistance is warranted; and
WHEREAS, City staff is requesting an increase to the contract amount to include additional planning and environmental services including environmental review services for projects within the Capital Improvement Program; and
WHEREAS, the City has prepared an amendment to the Professional Services Agreement with Provost & Pritchard Group (“Amendment No. 3”) which is in the best interests of both parties; and WHEREAS, Amendment No. 3 increases the not-to-exceed compensation of the Professional Services Agreement by $100,000; and
WHEREAS, funds for $100,000 in Amendment No. 3 are available in the City General Fund; and WHEREAS, the proposed Amendment to Agreement isin the amount of $100,000 is to be assigned for Professional Planning Services for land use entitlements; and WHEREAS, an amendment to the City General Fund is necessary to secure Amendment No. 3.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders and resolves as follows:
1. The recitals listed above are true and correct.
2. The City Council approves Amendment No. 3 to the Professional Services Agreement with Provost & Pritchard Consulting Group to increase the not-to-exceed compensation fee by $100,000, a copy of which is attached hereto and incorporated by reference
3. The City Council approves an amendment to the City of Madera General Fund Budget for a Budget Line Item Increase of $100,000.
4. The City Finance Director is authorized to transfer $100,000 from the City General Fund into the Planning Department “Contract Services” Account (Account 102041066440) to be used for Contract Planning Services.
5. The Resolution is effective immediately upon adoption. * * * * * * * * * * *
Attachment 2
Amendment No. 3 to Professional Services Agreement
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN PROVOST &
PRITCHARD CONSULTING GROUP AND THE CITY OF MADERA FOR PLANNING SERVICES This Amendment No. 3 to the Agreement titled “Professional Services Agreement” dated April 2, 2020 is made and entered into on June 15, 2022, between the City of Madera, (“City”) and Provost & Pritchard Consulting Group, (“Firm”).
R E C I T A L S
WHEREAS, on April 2, 2020, City and the Firm entered into an Agreement for professional planning services; and
WHEREAS, on January 6, 2021, City and the Firm entered into Amendment No. 1 to the Agreement; and
WHEREAS, on April 21, 2021, City and the Firm entered into Amendment No. 2 to the Agreement; and
WHEREAS, during the performance of the Agreement, the Parties have determined that additional planning and environmental review services are needed; and WHEREAS, City and Firm wish to amend the Agreement to increase the Agreement’s compensation fee for additional work in accordance with Amendment No. 3 to Agreement.
A G R E E M E N T
Based on the foregoing recitals, the Parties hereto mutually agree as follows:
SECTION 1. Section 4 of the Agreement titled “Compensation” provides the compensation to be paid for services under the Agreement. The parties agree that the Agreement is amended to provide that the compensation to be paid for the professional planning services as provided Section 2 of the Agreement titled “Services” in accordance with the Scope of work identified in “Exhibit A” of the Agreement, except as amended by this Amendment No. 3, shall be increased $100,000 for a total not-to -exceed fee of $450,000.
SECTION 2. Except as amended by this Amendment No. 3, all other terms and conditions of the Agreement, Amendment No. 1 and Amendment No. 2 remain in full force and effect.
SECTION 3. This Amendment No. 3 to Professional Services Agreement shall be effective upon full execution by both parties.
(SIGNATURES ON NEXT PAGE)
CITY OF MADERA
A municipal corporation of
the State of California
By: _________________________________
Santos Garcia, Mayor
Date: _______________________________
ATTEST:
By: _________________________________
Alicia Gonzales, City Clerk
Date: _______________________________
PROVOST AND PRITCHARD CONSULTING
GROUP
By: _________________________________
Heather Bashian, RCE 73075
Vice President
Date: _______________________________
APPROVED AS TO FORM:
By: _________________________________
Hilda Cantu Montoy, City Attorney
Date: _______________________________
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 2022
_________________________________ Agenda Number: ___________ Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Adoption of Continuing Resolution In Lieu of timely FY 22022-2023 Budget Adoption and authorization of 60 days extension to prepare and present the fiscal year 2022-23 budget RECOMMENDATION:
Staff recommends Council approval of a resolution to continue expenditures and revenues in accordance with the fiscal year 2021-2022 city budget in lieu of fiscal year 2022-2023 budget adoption (Continuing Resolution), and authorization of 60 days extension to prepare and present the fiscal year 2022-23 budget
SUMMARY:
The city is in the process of preparing the fiscal year 2022-2023 proposed citywide budget. But due to staff turnover and other extenuating circumstances the proposed budget cannot be timely completed and presented to City Council by June 30, 2022.
If the City Council does not adopt a budget by June 30, for the ensuing fiscal year, the City Council may adopt a Continuing Resolution to ensure that the city meets payroll and contractual obligations and continues to provide services.
Hence, staff recommends that the City Council adopt a Continuing Resolution, and grant staff 60 days extension to properly ready and present the fiscal year 2022-2023 budget.
DISCUSSION:
The City of Madera much like other similarly situated cities in the state have been on a tenuous recovery trend from the throws of the covid pandemic. The recovery for the city in many regards have been slowed by staff shortages and turnover in critical departments. This has contributed in large measure to the delay in preparing the proposed budget. The budget preparation process D-2
is underway. However, staff is electing to take the time to ensure that Council is presented a complete and quality budget plan rather than one that is rushed just to meet the June 30, deadline.
As opined by the city Attorney, the deadline of June 30 comes into play based on a state law requirement to file the budget or a listing of expenditures or revenues within sixty days after the beginning of the fiscal year. However, sixty days after the beginning of its fiscal year, every local agency is required to file with the county auditor a copy of its annual budget. "If a local agency ... does not have a formal budget, it shall file a listing of its anticipated revenues, together with its expenditures and expenses for the fiscal year in progress." The California Local Finance Almanac notes that such listing of revenues and expenditures "amounts to much the same thing as a budget."
A continuing resolution is an act of the City Council that allows the prior fiscal year's appropriations to remain in effect until a budget for the new fiscal year is adopted. Since the expenditure of funds requires legislative authorization through an appropriation, and since an appropriation is for a specific and limited period of time (e.g., fiscal year), the failure of a city council to adopt a budget prior to the beginning of the fiscal year means that there is no legal authorization to spend money in the new fiscal year. Therefore, if the City Council fails either to adopt a budget or to adopt a continuing resolution (to carry forward the prior fiscal year's appropriations), there can be no expenditure of city funds because there is no legal authorization (appropriation) to spend those funds.
FINANCIAL IMPACT:
Adoption of the continuing appropriation will enable the city to continue its operations and services and meet its financial obligations uninterrupted.
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
Adoption of the continuing resolution is consistent with Madera Vision 2025 goals of effective government, safe public, quality parks and services, and healthy community.
ALTERNATIVES:
As an alternative, Council may choose to not approve the continuing resolution. The impact will be that the city operations is halted, as there would be no expenditure of city funds because there would no legal authorization (appropriation) to spend those funds. The city would not be able to pay staff salaries or other obligations.
ATTACHMENTS:
1. Continuing Resolution
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
CONTINUING EXPENDITURES AND REVENUES IN ACCORDANCE WITH THE FISCAL YEAR 2021-2022 CITY BUDGET IN LIEU OF FISCAL YEAR 2022-2023
BUDGET ADOPTION
WHEREAS, the City Council duly passed the Fiscal Year 2021-2022 budget; and WHEREAS, adoption by the City Council of the Fiscal Year 2022-2023 operations budget and capital improvement budget will be delayed; and
WHEREAS, the Fiscal Year 2021- 2022 Budget ends on June 30, 2022; and WHEREAS, the City Council deems it appropriate to continue the operation of the City services until the passage of the Fiscal Year 2022-2023 Budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY RESOLVES AS FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. The City Council does hereby continue the Fiscal Year 2021-2022 annual budget in full force and effect until the City Council adoption of the Fiscal Year 2022-2023 budget on or before August 30, 2022.
3. Upon adoption of a resolution adopting the 2022-2023 Budget, this resolution shall have no further force and effect.
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June 15, 2022
Madera City Council Meeting
Agenda Item E-1
Mid-Valley Disposal Contract Update
(Report by Arnoldo Rodriguez)
There is no written report for this item.