Agenda packet — Madera City Council, June 15, 2022 (part 1 of 2)

Update 6/9/2022 at 7:15 p.m. Madera City Council Agenda Page 1 of 5 June 15, 2022

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

NOTICE AND AGENDA
Wednesday, June 15, 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: 824 4914 8626#. 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: Pastor Fred Thurman, New Life Assembly
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 6/9/2022 at 7:15 p.m. Madera City Council Agenda Page 2 of 5 June 15, 2022
PRESENTATIONS:

1. Certificate of Recognition - Thomas Jefferson Middle School 8th Grade Baseball 2022 CVAL Champions

2. Certificate of Recognition - Thomas Jefferson Middle School 7th Grade Softball 2022 CVAL Champions

3. Proclamation Recognizing Juneteenth Day

4. Proclamation Recognizing June as Pride Month

5. Neighborhood Farmers Market at Madera Community Hospital

6. Comcast – Improving Broadband
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 – 11/03/21
Recommendation: Approve the City Council Minutes of November 3, 2021 B-2 Informational Report on Register of Audited Demands for May 21, 2022 to June 3, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Olive Avenue Widening and Reconstruction Gateway Drive to Knox Street, Phase 2 Utility Undergrounding Project
Recommendation: Adopt a Resolution Increasing the Allowable Project Contingencies from 10 to 25 percent for the Olive Avenue Widening and Reconstruction - Gateway Drive to Knox Street Phase 2, Utility Undergrounding City Project No. R-000010 (Report by Keith Helmuth)
B-5 Applications for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2022/23 Recommendation: Adopt a Resolution Approving the Applications for TDA – LTF and STA Funds for FY 2022/23 and Authorizing the City Engineer to execute and submit the Applications to the Madera County Transportation Commission (MCTC) (Report by Keith Helmuth)
B-6 Project List for Fiscal Year (FY) 2022/23 Funded by Senate Bill (SB 1) Road Maintenance and Rehabilitation Account (RMRA) – Local Streets and Roads Funding Program Recommendation: Adopt a Resolution Approving the City Project List for FY 2022/23 Funded by the SB 1 RMRA Account of the Local Streets and Roads Funding Program (Report by Keith Helmuth)
Update 6/9/2022 at 7:15 p.m. Madera City Council Agenda Page 3 of 5 June 15, 2022
B-7 Adoption of the 2022-2025 City of Madera Title VI Program Update Regarding Policies and Procedures to Assure Nondiscrimination in Public Transit Services Recommendation: Adopt a Resolution Adopting the 2022-2025 City of Madera Title VI Program Update (Report by Kingsley Okereke)
B-8 Revisions to Airport Advisory Commission (AAC) Rules of Procedure Recommendation: Adopt a Resolution Approving Revised Airport Advisory Commission (AAC) Rules of Procedure (Report by Daniel Foss)
B-9 Adoption of an Ordinance Relating to the Police Department’s Use of Military Equipment Per Assembly Bill 481 (AB 481)
Recommendation: Waive Full Reading and Adopt an Ordinance Adding Chapter 16 to Title III of the Madera Municipal Code (MMC) relating to the use of Military Equipment (Report by Dino Lawson)
B-10 Approval of a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2022, to June 30, 2023, for Fire Service Operationsthat was not included in the report to Council at the June 1, 2022 Council meeting Recommendation: Adopt a Resolution Approving a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operation from July 1, 2022, to June 30, 2023 (Report by Matthew Watson)
B-11 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 (Report by Arnoldo Rodriguez) B-12 Initiating Proceedings for Annexation of Pecan Square Subdivision (Tract No. 20-S-02) into City of Madera Landscape Maintenance District Zone of Benefit 8 Recommendation: Adopt a 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 (Report by Keith Helmuth)
C. PUBLIC HEARINGS:

C-1 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 (Report by Kingsley Okereke)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Amendment No. 3 to Professional Services Agreement with Provost & Pritchard Consulting Group
Update 6/9/2022 at 7:15 p.m. Madera City Council Agenda Page 4 of 5 June 15, 2022
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 (Report by Gary Conte)
D-2 Continuing Resolution In Lieu of timely FY 2022-2023 Budget Adoption and Authorization of 60 days Extension to Prepare and Present the Fiscal Year 2022-23 Budget Recommendation: Adopt a Resolution to Continue Expenditures and Revenues in Accordance with the Fiscal Year 2021-22 City Budget in Lieu of Fiscal Year 2022-23 Budget Adoption (Continuing Resolution), and Authorization of 60 days extension to Prepare and Present the Fiscal Year 2022-23 Budget (Report by Kingsley Okereke)
E. ADMINISTRATIVE REPORTS:

E-1 Mid-Valley Disposal Contract Update
Recommendation: Informational Report (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) 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 Liability Claim Pursuant to Section §54956.95 - Agency Claimed Against: City of Madera Claimants:

1. Randy Williams

2. Thomas Burns

3. Madera Police Officers’ Association
G-2 Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code Section 54956.9(d)(1))
Name of Case: Golden State Environmental Justice Alliance v. City of Madera (real party in interested Origo Cold Madera, LLC), Madera County Superior Court Case No.

MCV087157

ADJOURNMENT
UPCOMING MEETING DATES:
 Wednesday, July 6, 2022
 Wednesday, July 20, 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.

Update 6/9/2022 at 7:15 p.m. Madera City Council Agenda Page 5 of 5 June 15, 2022
 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 June 15, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 7:15 p.m. on June 9, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 1 of 10

Minutes of a Regular Meeting of the Madera City Council November 3, 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 to 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: #872 9862 0717 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.

Microphones were not immediately turned on.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Artemio Villegas, District 6
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4

Absent: Vacant, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Chief Building Official Steve Woodworth, City Engineer Keith Helmuth, 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, Interim Director of Financial Services Anthony Forestiere, Grants Program Manager Joseph Hebert, Senior Planner John Thomason, Senior Civil Engineer Victor Aldama, Deputy City Engineer Ellen Bitter, and Communication Specialist Joseph Carrello.

INVOCATION: Sammie Neely, Mt. Zion Missionary Baptist Church PLEDGE OF ALLEGIANCE: Mayor Pro Tem Villegas
Item: B-1
Minutes for: 11/03/2021
Adopted: 06/15/2022
City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 2 of 10
APPROVAL OF AGENDA:

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

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

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

Ramon Lopez stated he has noticed that many times people speak out to complain. He was not there to complain. He thanked Council for their service and stated he believes Madera is moving forward.

No further 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. Certificate Recognizing Sergeant Thomas Burns for Over 27 Years of Service to the City of Madera Police Department
INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 3 of 10

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

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
B-1 Informational Report on Register of Audited Demands for Oct. 9, 2021 to Oct. 22, 2021 Recommendation: No Action Required (Report by Anthony Forestiere) B-2 Ratification of COVID-19 Prevention Program (CPP) Amendments Recommendation: Adopt a Minute Order Ratifying Issuance of Amended COVID-19 Emergency Policy No. 3: COVID-19 Prevention Program by the City Manager in his Role as Director of Emergency Services (Report by Wendy Silva)
B-3 Amendments to Injury and Illness Prevention Program (IIPP) Recommendation: Adopt a Minute Order Amending Administrative Policy 45: Injury and Illness Prevention Program to add language in Section 8-1, Communication Resources (Report by Wendy Silva)
B-4 Waiving of fees for the Downtown Madera Christmas Parade Recommendation: Adopt a Resolution Waiving the Fees to Cover the Costs of Police, Public Works, and Parks Services Relating to the Downtown Christmas Parade in the amount of $2,935 (Report by Dino Lawson)
RES 21-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

THE FEES TO COVER COSTS OF POLICE, PUBLIC WORKS, AND PARK FEES

RELATING TO THE DOWNTOWN MADERA CHRISTMAS PARADE FOR

MADERA DOWNTOWN ASSOCIATION AND MADERA EVENING LIONS
CLUB IN THE AMOUNT OF $2,935.00
B-5 Agreement for Tree Management and Maintenance Services Recommendation: Adopt a Resolution Awarding RFP No. 202122-03 to West Coast Arborists, Inc. for City-wide Tree Management and Maintenance Services, Estimated at $150,000 per year, and Approving a Contractor Services Agreement (Report by Arnoldo Rodriguez)
City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 4 of 10
RES 21-154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AWARDING RFP NO. 202122-03 TO WEST COAST ARBORISTS, INC. AND APPROVING

A CONTRACTOR SERVICES AGREEMENT
B-6 Request for Connection to the City’s Water System
Recommendation: Adopt a Resolution Approving an Agreement for Outside of City Water Service for Property Located at 28127 Mono Street (Report by Keith Helmuth)
RES 21-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING THE AGREEMENT WITH MALETIN INC. FOR OUTSIDE OF CITY WATER SERVICE FOR 28127 MONO STREET,

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF

OF THE CITY AND DIRECTING STAFF TO RECORD THE AGREEMENT B-7 Request for Connection to the City’s Sewer System
Recommendation: Adopt a Resolution Approving an Agreement for Outside of City Sewer Service for Property Located at 27722 Avenue 16 (Report by Keith Helmuth)
RES 21-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING THE AGREEMENT WITH REGINALDO MEDINA

AND AURORA MEDINA FOR OUTSIDE OF CITY SEWER SERVICE FOR 27722 AVENUE 16, AUTHORIZING THE MAYOR TO EXECUTE THE

AGREEMENT ON BEHALF OF THE CITY AND DIRECTING STAFF TO

RECORD THE AGREEMENT
B-8 Engineering and Construction Management Services for the Avenue 13 Interceptor Sewer Rehabilitation
Recommendation: Adopt a Resolution Approving an Agreement with MKN and Associates for $419,446.20 for Professional Engineering and Construction Management Services and Authorizing Optional Services up to $98,952.49 for the Avenue 13 Interceptor Sewer Rehabilitation, City Project No. SS-00014 (Report by Keith Helmuth)
RES 21-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AN AGREEMENT WITH MKN & ASSOCIATES IN THE AMOUNT OF $419,446.20 FOR PROFESSIONAL ENGINEERING

AND CONSTRUCTION MANAGEMENT SERVICES AND AUTHORIZING
OPTIONAL SERVICES UP TO $98,952.49 FOR THE AVENUE 13 SEWER INTERCEPTOR REHABILITATION, CITY PROJECT NO. SS-00014
Item D-1 was heard prior to C-1 as it was not 7:00 p.m. yet.

City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 5 of 10
C. PUBLIC HEARINGS:

C-1 7:00 PM - Public Hearing #2 to Receive Input from the Community Regarding the Redrawing of Council District Boundaries
Recommendation: Conduct a Public Hearing to Receive from a Report from Staff and the City’s Redistricting Consultant on the Redistricting Process and to Solicit Public Comments and Input on Council District Boundaries (Report by Alicia Gonzales)
A concerned citizen called via zoom and stated that Mayor Garcia showed up with a consultant and a PowerPoint presentation yesterday where he twisted the Fair Map Act to fit his political agenda. She stated his presentation made it about race and that they need to completely redraw the map to benefit the Hispanic community. She urged everyone to read the bill. It has nothing to do with race. It is about population and existing communities. She asked that Council consider a censor for the Mayor for trying to start a race war in Madera.

Ramon Lopez stated he would like to see redistricting done again in five (5) years while taking into account Planning Department staff input as they are aware of new housing development and new population in those areas. Mr. Lopez also stated that he was surprised to hear Mayor Garcia say that the County was doing a good job with redistricting as when he attended one of the hearings, it was ugly.

Written Public Comment was received from Kathy Grate asking what is being done to make constituents in District 5 aware, seeing as there is a lack of Council representation there.

No further Public Comment was presented. Public Comment was closed.

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

D-1 Purchase of Rosenbauer Type-1 Custom Fire Engine and Related Budget Amendment Recommendation: Adopt a Resolution Approving a Purchase Agreement for a Rosenbauer Type-1 Fire Engine from Rosenbauer South Dakota, LLC under Sourcewell Cooperative Purchase Contract #022848-RSB;
Authorizing Execution by City Manager; and Approving Amendment to the 2021/22 Adopted Budget Appropriating $751,549.74 for the Purchase in the Measure K Fire Budget for the Purchase of Equipment (Report by Matt Watson)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE.

DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

RES 21-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING A PURCHASE AGREEMENT FOR A ROSENBAUER TYPE-1 FIRE

ENGINE FROM ROSENBAUER SOUTH DAKOTA, LLC A SOURCEWELL
COOPERATIVE PURCHASE CONTRACT #022848- RSB; AUTHORIZING City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 6 of 10
EXECUTION BY CITY MANAGER; AND AMENDING THE 2021/22 ADOPTED BUDGET APPROPRIATING $751,549.74 FOR THE PURCHASE IN THE

MEASUREK FIRE BUDGET FOR THE PURCHASE OF EQUIPMENT
D-2 Second Reading and Adoption of an Ordinance Amending the City’s Municipal Code Relating to the Approval Authority of Vertically Integrated, Cultivation, Distribution, Manufacturing, and/or Test Labs
Recommendation: Conduct a Public Hearing and Waive Full Reading and Adopt an Ordinance Amending Subsections (G) and (H) of Section 6-5.14 of Title VI, Chapter 5 of the Municipal Code Relating to Approval of Certain Cannabis Business Permits (Report by Arnoldo Rodriguez)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-2 WAS APPROVED BY A 5/1 VOTE. NOES: MAYOR GARCIA. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

ORD 979 C.S. AN ORDINANCE OF THE CITY COUNCIL OF MADERA, CALIFORNIA AMENDING SUBSECTIONS (G) AND (H) OF SECTION 6-5.14 OF TITLE VI, CHAPTER 5 OF THE MADERA MUNICIPAL CODE RELATING TO APPROVAL

OF CANNABIS BUSINESS PERMITS
D-3 Adoption of a Negative Declaration and Second Reading and Adoption of Ordinance Amending the City’s Municipal Code Relating to Cannabis Recommendation:
1) Adopt the Negative Declaration that determined that the proposed project will not have significant adverse effects on the environment; and
2) Waive Full Reading and Adopt an Ordinance of the City of Madera, California Amending Section 6-5.33 (D) Of Title VI, Chapter 5 of the Madera Municipal Code Relating to Location and Design of Cannabis Businesses [Relative to Lions Town & Country Community Park] (Report by Arnoldo Rodriguez)
Ramon Lopez stated that at Planning Commission there was a big concern that it is easier to start a cannabis business than it is to start a tobacco business. He stated he did not want them close to the schools or parks.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-3 (1) AND (2) WAS APPROVED BY A 4/2 VOTE. NOES: COUNCILMEMBER RODRIGUEZ AND MAYOR PRO TEM VILLEGAS. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 4 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS
City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 7 of 10

MAYOR GARCIA
NO: 2 - COUNCILMEMBER RODRIGUEZ

MAYOR PRO TEM VILLEGAS
ORD 980 C.S. AN ORDINANCE OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 6-5.33 (D) OF TITLE VI, CHAPTER 5 OF THE MADERA MUNICIPAL

CODE RELATING TO LOCATION AND DESIGN OF CANNABIS BUSINESSES D-4 Prezone of Links Ranch Tentative Subdivision Map 2021-02 (TSM 2021-02) and Precise Plan 2021-04 (PPL2021-04) and Adoption of Mitigated Negative Declaration/Mitigation Monitoring and Reporting Program (ENV 2021-31) (Second Reading) Recommendation:
1) Adopt a Resolution Adopting a Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for Tentative Subdivision Map No. 2021-02, Annexation Application No. 2021-01, and Precise Plan Application No. 2021; and 2) Waive Full Reading and Adopt an Ordinance Amending the Official City Zoning Map to Prezone an Approximately 40 Acre Property (APN: 033-18-003 (Portion), located on the South Side of Cleveland Avenue Between Avenue 16 and Road 23, from Agricultural Rural Exclusive (ARE, Madera County) to the Planned Development (P-D 4500) Zone District of the City of Madera, Pending Annexation (Report by Gary Conte) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 (1) AND (2) WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT:

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

RES 21-159 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR ANNEXATION 2021-01, TENTATIVE SUBDIVISION MAP 2021-02 AND PRECISE PLAN 2021-04

IDENTIFIED AS LINKS RANCH SUBDIVISION LOCATED ON THE SOUTH SIDE OF WEST CLEVELAND AVENUE BETWEEN AVENUE 16 AND ROAD 23 ORD 981 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA

AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO PREZONE AN APPROXIMATELY 40 ACRE PROPERTY (APN: 033-18-003 (portion)),

LOCATED ON THE SOUTH SIDE OF CLEVELAND AVENUE BETWEEN
AVENUE 16 AND ROAD 23, FROM AGRICULTURAL RURAL EXCLUSIVE (ARE, MADERA COUNTY) TO THE PLANNED DEVELOPMENT (P-D
4500) ZONE DISTRICT OF THE CITY OF MADERA, PENDING

ANNEXATION
City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 8 of 10
D-5 Public Hearing and Consideration of a Resolution Approving 2020/2021 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and Financial Summary
Recommendation: Public Hearing, Invite Public Input and Adopt a Resolution Approving 2020/2021 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and Financial Summary (Report by Anthony Forestiere)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM VILLEGAS, ITEM D-4 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS

MAYOR PRO TEM VILLEGAS

MAYOR GARCIA
RES 21-160 A RESOLUTION APPROVING THE 2020/2021 COMMUNITY DEVELOPMENT

BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT AND FINANCIAL SUMMARY REPORT
E. ADMINISTRATIVE REPORTS:

E-1 Direction on Remote City Council Meetings Under New Brown Act Requirements (AB 361) Recommendation:
1) Council to decide to continue Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City with the remote meeting requirements set forth by the Brown Act
2) Council to decide to adopt a Resolution Authorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez)

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, ITEM E-1 (1) TO ALLOW CITY MANAGER AT HIS DISCRETION TO CALL FOR A SPECIAL

MEETING TO BRING THIS ITEM BACK FOR DISCUSSION IF A PUBLIC HEALTH CRISIS SHOULD ARISE WAS APPROVED BY A 5/1 VOTE. NOES: MAYOR GARCIA. ABSENT: NONE. DISTRICT 5 IS CURRENTLY VACANT. ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 9 of 10
There was no motion for Item E-1 (2).

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilwoman Gallegos gave a shout out to the community members, businesses, volunteers, and staff for their execution of 22 events over the last week.

Councilmember Rodriguez thanked the individuals in attendance at last night’s meeting and congratulated those who ran in Tuesday’s election for Council District 5.

Councilmember Montes echoed the comments made by Councilwoman Gallegos concerning all the Halloween events around the City and he thanked both candidates for running for office for the betterment of the community.

Councilwoman Evans echoed the comments made by Councilmember Montes regarding the recent election. She thanked Police Chief Dino Lawson, Interim Public Works Director Dan Foss, City Engineer Keith Helmuth and City Manager Arnoldo Rodriguez for the improvements that are currently in progress on Adell Street. Councilmember Evans mentioned she will be at James Monroe Elementary on Wednesday to have lunch with seven students.

Mayor Pro Tem Villegas mentioned all the wonderful Halloween events that took place across the City.

Mayor Garcia stated he attended a Dia de los Muertos event held at Courthouse Park and thanked those who organized the event. He stated he joined the Police Department at their Haunted Command Post and thanked the Police Department for making it possible.

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: Tom Burns – One (1) claim
G-2 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representative: Arnoldo Rodriguez
Employee Group: Mid Management Employee Group
Unrepresented Employees: Police Chief, City Engineer, Director of Human Resources, Information Services Manager, Chief Building Official, and Planning Manager City Attorney made the closed session announcement at 7:47 p.m.

City of Madera City Council Minutes
205 W. 4th Street November 3, 2021
Madera, CA 93637 Page 10 of 10
Council returned from closed session at 8:44 p.m. with six (6) Councilmembers present as District 5 is currently vacant.

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

ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Next regular meeting on November 17, 2021.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 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 May 21, 2022 to June 3, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of May 21, 2022 to June 3, 2022 is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 32922 – 33043 $1,510,146.32
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $584,885.80
SDI EDD $2,491.00
CalPERS Payment CalPERS $121,956.66
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 32922 05/24/2022 PLANNING PLANNING ACRO SERVICE CORPORATION TEMP SERVICES ‐ PLANNING 8,918.40 $ 32922 05/24/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SERVICES ‐ PLANNING 3,675.00 $ 32923 05/24/2022 FINANCE UB ‐ GARBAGE CUMMINS‐ALLISON CORP CASH COUNTING MACHINE 675.94 $ 32923 05/24/2022 FINANCE UB ‐ SEWER CUMMINS‐ALLISON CORP CASH COUNTING MACHINE $ 675.93 32923 05/24/2022 FINANCE UB ‐ WATER CUMMINS‐ALLISON CORP CASH COUNTING MACHINE $ 1,351.90 32924 05/24/2022 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 276.16 32924 05/24/2022 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 3,527.70 32924 05/24/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 7,541.59 32924 05/24/2022 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 2,365.42 32924 05/24/2022 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 217.25 32924 05/24/2022 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 513.1232924 05/24/2022 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 672.81 32924 05/24/2022 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 672.82 32924 05/24/2022 PW ADMIN UB ‐ GARBAGE SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 217.2632924 05/24/2022 PW ADMIN UB ‐ SEWER SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 217.2632924 05/24/2022 PW ADMIN UB ‐ WATER SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 434.4932924 05/24/2022 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 206.7332924 05/24/2022 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 805.05 32924 05/24/2022 PW ADMIN TRANSIT CENTER SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 1,627.13 32924 05/24/2022 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN 05/22 JANITORIAL SERVICES $ 4,265.5832925 05/24/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION $ 26.98 32926 05/24/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 1,161.65 32927 05/24/2022 GRANTS TRANS ‐ FIXED MV TRANSPORTATION, INC. 04/22 TRANSIT OPERATOR $ 72,958.39 32927 05/24/2022 GRANTS TRANS ‐ DAR MV TRANSPORTATION, INC. 04/22 TRANSIT OPERATOR $ 43,980.63 32928 05/24/2022 FLEET FLEET MAINT CALIFORNIA AIR RESOURCES BOARD CARB/PERP REGISTRATION RENEWAL $ 735.00 32929 05/24/2022 PD OPS PD OPS DIAS, CAMERON PER DIEM ‐ FIELD TRAINING OFFICER SCHOOL $ 425.5032930 05/24/2022 PW ADMIN FACILITIES MAINT MEDINA, MATIAZ PER DIEM ‐ LEVEL III TRAFFIC SIGNAL TRAINING $ 93.00 32931 05/24/2022 ENGINEERING WATER CAPITAL DAVIDS ENGINEERING, INC. GSA ANNUAL REPORT $ 1,835.62 32932 05/24/2022 ENGINEERING RSTP ‐ FED EX MID CAL PIPELINE & UTILITIES, INC. R‐10 PHASE 2 ‐ OLIVE AVENUE WIDENING 230,037.15 $ 32933 05/24/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 12/21 490.00 $ 32933 05/24/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 01/22 $ 490.0032933 05/24/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 02/22 $ 490.00 32934 05/24/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 $ 77.43 32934 05/24/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 $ 354.51

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT June 15, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32934 05/24/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 87.21 $ 32934 05/24/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 218.72 $ 32934 05/24/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 129.77 $ 32934 05/24/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 121.15 $ 32934 05/24/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 619.12 $ 32934 05/24/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 93.59 $ 32934 05/24/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 606.20 $ 32934 05/24/2022 FINANCE LMD SERVICES VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 41.01 $ 32934 05/24/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 2,850.00 $ 32934 05/24/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 2,695.26 $ 32934 05/24/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 1,597.41 $ 32934 05/24/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 2,376.02 $ 32934 05/24/2022 FINANCE TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 1,929.61 $ 32934 05/24/2022 FINANCE TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 1,755.67 $ 32934 05/24/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 2,547.14 $ 32934 05/24/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 367.48 $ 32934 05/24/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 04/16/22‐04/30/22 7,339.38 $ 32934 05/24/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF ‐ BULK DIESEL 3,933.68 $32934 05/24/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF 04/16/22‐04/30/22 742.69 $ 32935 05/24/2022 PW ADMIN AIRPORT OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 60.62 $32935 05/24/2022 PW ADMIN DRAINAGE LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 181.86 $32935 05/24/2022 PW ADMIN FLEET MAINT LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 90.93 $ 32935 05/24/2022 PW ADMIN SEWER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 90.93 $32935 05/24/2022 PW ADMIN WATER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 181.86 $32935 05/24/2022 PW ADMIN WWTP LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 90.93 $32936 05/24/2022 FINANCE WWTP BOND ADMIN HAWKINGS DELAFIELD & WOOD LLP 2019 LRB FIRE ‐ ARBITRAGE REPORT 2‐2022 1,750.00 $ 32937 05/24/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,710.00 $ 32937 05/24/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 340.00 $ 32938 05/24/2022 FINANCE AQUATICS PROGRM AT&T 04/22 CALNET 3 SERVICE 9391026397 20.69 $32938 05/24/2022 FINANCE BUILDING AT&T 04/22 CALNET 3 SERVICE 9391026407 22.35 $ 32938 05/24/2022 FINANCE BUILDING AT&T 04/22 CALNET 3 SERVICE 9391031559 20.05 $ 32938 05/24/2022 FINANCE BUILDING AT&T 04/22 CALNET 3 SERVICE 9391031577 24.85 $ 32938 05/24/2022 FINANCE BUILDING AT&T 04/22 CALNET 3 SERVICE 9391026390 64.34 $ 32938 05/24/2022 FINANCE CITY ATTORNEY AT&T 04/22 CALNET 3 SERVICE 9391026388 44.69 $ 32938 05/24/2022 FINANCE CITY ATTORNEY AT&T 04/22 CALNET 3 SERVICE 9391031559 6.68 $ 32938 05/24/2022 FINANCE CITY ATTORNEY AT&T 04/22 CALNET 3 SERVICE 9391031577 7.09 $ 32938 05/24/2022 FINANCE CITY ATTORNEY AT&T 04/22 CALNET 3 SERVICE 9391026390 18.35 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32938 05/24/2022 FINANCE CITY CLERK AT&T 04/22 CALNET 3 SERVICE 9391031559 5.01 $ 32938 05/24/2022 FINANCE CITY CLERK AT&T 04/22 CALNET 3 SERVICE 9391031577 7.09 $ 32938 05/24/2022 FINANCE CITY CLERK AT&T 04/22 CALNET 3 SERVICE 9391026390 18.35 $ 32938 05/24/2022 FINANCE CODE ENF AT&T 04/22 CALNET 3 SERVICE 9391026413 $ 44.3132938 05/24/2022 FINANCE COMM & REC AT&T 04/22 CALNET 3 SERVICE 9391026391 $ 273.72 32938 05/24/2022 FINANCE COMPUTER MAINT AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 5.01 32938 05/24/2022 FINANCE COMPUTER MAINT AT&T 04/22 CALNET 3 SERVICE 9391031577 14.20 $ 32938 05/24/2022 FINANCE COMPUTER MAINT AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 36.7532938 05/24/2022 FINANCE ENGINEERING AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 38.4332938 05/24/2022 FINANCE ENGINEERING AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 49.7132938 05/24/2022 FINANCE ENGINEERING AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 128.6732938 05/24/2022 FINANCE FACILITIES MAINT AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 14.7432938 05/24/2022 FINANCE FACILITIES MAINT AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 24.8332938 05/24/2022 FINANCE FINANCE AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 25.06 32938 05/24/2022 FINANCE FINANCE AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 39.0532938 05/24/2022 FINANCE FINANCE AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 101.0932938 05/24/2022 FINANCE FIRE AT&T 04/22 CALNET 3 SERVICE 9391026402 $ 22.3532938 05/24/2022 FINANCE FLEET MAINT AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 9.82 32938 05/24/2022 FINANCE FLEET MAINT AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 16.58 32938 05/24/2022 FINANCE GRANT OVERSIGHT AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 11.7032938 05/24/2022 FINANCE GRANT OVERSIGHT AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 14.20 32938 05/24/2022 FINANCE GRANT OVERSIGHT AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 36.7532938 05/24/2022 FINANCE HR/RISK MGT AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 6.68 32938 05/24/2022 FINANCE HR/RISK MGT AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 10.63 32938 05/24/2022 FINANCE HR/RISK MGT AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 27.52 32938 05/24/2022 FINANCE PLANNING AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 11.7032938 05/24/2022 FINANCE PLANNING AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 17.7432938 05/24/2022 FINANCE PLANNING AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 45.93 32938 05/24/2022 FINANCE STREETS AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 24.5832938 05/24/2022 FINANCE STREETS AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 41.4132938 05/24/2022 FINANCE SEWER OPS AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 17.1932938 05/24/2022 FINANCE SEWER OPS AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 28.9732938 05/24/2022 FINANCE SOLID WASTE AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 19.6932938 05/24/2022 FINANCE SOLID WASTE AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 33.0932938 05/24/2022 FINANCE SR CITIZEN COMM AT&T 04/22 CALNET 3 SERVICE 9391026395 $ 22.36 32938 05/24/2022 FINANCE SR CITIZEN COMM AT&T 04/22 CALNET 3 SERVICE 9391026389 $ 22.3632938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391026392 $ 47.79

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391026393 17.24 $32938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 6.69 32938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 4.91 32938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 11.53 32938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 29.8532938 05/24/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 8.28 32938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391026392 $ 47.79 32938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391026393 $ 17.2432938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 6.68 32938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 4.9132938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 11.53 32938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 29.8632938 05/24/2022 FINANCE UB ‐ SEWER AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 8.28 32938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391026392 95.58 $ 32938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391026393 $ 34.4932938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 13.3732938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 9.84 32938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 23.12 32938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 59.8432938 05/24/2022 FINANCE UB ‐ WATER AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 16.5832938 05/24/2022 FINANCE WATER OPS AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 22.1032938 05/24/2022 FINANCE WATER OPS AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 37.24 32938 05/24/2022 FINANCE WATER QUALITY AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 9.82 32938 05/24/2022 FINANCE WATER QUALITY AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 16.58 32938 05/24/2022 FINANCE WWTP AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 14.7432938 05/24/2022 FINANCE WWTP AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 24.8332938 05/24/2022 FINANCE CITY MANAGER AT&T 04/22 CALNET 3 SERVICE 9391031559 $ 10.0232938 05/24/2022 FINANCE CITY MANAGER AT&T 04/22 CALNET 3 SERVICE 9391031577 $ 7.09 32938 05/24/2022 FINANCE CITY MANAGER AT&T 04/22 CALNET 3 SERVICE 9391026390 $ 18.35 32938 05/24/2022 FINANCE PURCHASING AT&T 04/22 CALNET 3 SERVICE 9391031564 $ 14.7432938 05/24/2022 FINANCE PURCHASING AT&T 04/22 CALNET 3 SERVICE 9391026394 $ 24.8332938 05/24/2022 FINANCE PD OPS AT&T 04/22 CALNET 3 SERVICE 9391026411 $ 172.5632938 05/24/2022 FINANCE PD OPS AT&T 04/22 CALNET 3 SERVICE 9391031561 $ 167.0832938 05/24/2022 FINANCE PD OPS AT&T 04/22 CALNET 3 SERVICE 9391031579 $ 236.1532939 05/24/2022 PW ADMIN FACILITIES MAINT CA DEPARTMENT OF TRANSPORTATION SHARED COST ‐ SIGNALS 01/22‐03/22 5,697.53 $ 32940 05/24/2022 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER LEASE 04/22 38.20 $ 32940 05/24/2022 PURCHASING CITY CLERK CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 43.34

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32940 05/24/2022 PURCHASING CODE ENF CANON FINANCIAL SERVICES COPIER LEASE 04/22 273.41 $ 32940 05/24/2022 PURCHASING ENGINEERING CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 82.58 32940 05/24/2022 PURCHASING FINANCE CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 418.77 32940 05/24/2022 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 81.54 32940 05/24/2022 PURCHASING PARKS ADMIN CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 296.14 32940 05/24/2022 PURCHASING PLANNING CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 115.05 32940 05/24/2022 PURCHASING SEWER OPS CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 42.53 32940 05/24/2022 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE 04/22 42.53 $ 32940 05/24/2022 PURCHASING TRANS ‐ FIXED CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 43.34 32940 05/24/2022 PURCHASING TRANS ‐ DAR CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 43.34 32940 05/24/2022 PURCHASING WATER OPS CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 42.53 32940 05/24/2022 PURCHASING WATER QUALITY CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 33.87 32940 05/24/2022 PURCHASING WWTP CANON FINANCIAL SERVICES COPIER LEASE 04/22 $ 38.20 32940 05/24/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES MPD COPIER 04/22 $ 200.26 32940 05/24/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES COPIER LEASE 04/22 266.94 $ 32941 05/24/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE $ 831.46 32942 05/24/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL $ 183.00 32943 05/24/2022 FLEET FLEET MAINT COOK'S COMMUNICATIONS PD VECHICLE UPFIT #6028 $ 8,663.25 32943 05/24/2022 FLEET FLEET ACQUISITION COOK'S COMMUNICATIONS PD VECHICLE UPFIT #6032 $ 24,182.03 32943 05/24/2022 FLEET FLEET ACQUISITION COOK'S COMMUNICATIONS PD VECHICLE UPFIT #6033 $ 24,162.3632944 05/24/2022 PW ADMIN COMPUTER MAINT DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 25.00 32944 05/24/2022 PW ADMIN FACILITIES MAINT DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 47.50 32944 05/24/2022 PW ADMIN FLEET MAINT DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 47.50 32944 05/24/2022 PW ADMIN STREETS DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 50.00 32944 05/24/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS 05/22 TELEPHONE ANSWERING SERVICE $ 115.00 32944 05/24/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 56.67 $ 32944 05/24/2022 PW ADMIN SOLID WASTE DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 56.66 32944 05/24/2022 PW ADMIN TRANS ‐ FIXED DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 20.00 32944 05/24/2022 PW ADMIN TRANS ‐ DAR DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 20.00 32944 05/24/2022 PW ADMIN WATER OPS DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 56.67 32944 05/24/2022 PW ADMIN PURCHASING DIAMOND COMMUNICATIONS ALARM MONITORING ‐ PW 06/22‐08/22 $ 25.00 32945 05/24/2022 ENGINEERING GAS TAX ‐ STREET EMMETT'S EXCAVATION, INC. 20/21 SB1 (RMRA) SEALS & OVERLAYS $ 69,431.82 32946 05/24/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 05/01/22‐05/15/22 $ 18,180.00 32947 05/24/2022 WATER OPS WATER OPS MADERA PUMPS, INC. AIRPORT SUB ‐ VIDEO $ 966.25 32948 05/24/2022 GRANTS CDBG ADMIN MADERA TRIBUNE PUBLIC NOTICE ‐ CDBG $ 828.00 32948 05/24/2022 HR STREETS MADERA TRIBUNE RECRUITMENT AD ‐ STREETS $ 72.20 32949 05/24/2022 GRANTS TRANS ‐ FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANIST ‐ 04/22 $ 775.58

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32949 05/24/2022 GRANTS TRANS ‐ DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANIST ‐ 04/22 775.57 $ 32950 05/24/2022 ENGINEERING MEAS T ‐ RTP MOORE‐TWINING ASSOCIATES, INC. CONSTRUCTION TESTING 1,997.22 $ 32951 05/24/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/22 SERVICE 5225647713‐5 14.78 $ 32951 05/24/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/22 SERVICE 1598348280‐1 60.24 $ 32951 05/24/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/22 SERVICE 9787342989‐4 114.26 $ 32951 05/24/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/22 SERVICE 5207933925‐6 61.62 $ 32951 05/24/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 04/22 SERVICE 8675479583‐8 43.91 $ 32951 05/24/2022 FINANCE ZONE 34B PACIFIC GAS & ELECTRIC 04/22 SERVICE 0443905948‐8 9.58 $ 32951 05/24/2022 FINANCE ZONE 43A PACIFIC GAS & ELECTRIC 04/22 SERVICE 6948316261‐1 51.12 $ 32952 05/24/2022 ENGINEERING WATER CAPITAL PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 278.90 $ 32953 05/24/2022 PLANNING PLANNING RINCON CONSULTANTS, INC. CONSULTING SERVICES 702.00 $ 32954 05/24/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS‐457 EE DEFERRED COMP CONTRIBUTIONS 26,524.12 $ 32955 05/24/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 1,134.00 $ 32956 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9921736 133 LYNN 208.68 $32957 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9926471 3340 CAMINO 84.41 $ 32958 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9926056 1015 CENTRAL 229.78 $ 32959 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9922365 1213 PHILIP 94.22 $ 32960 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9924740 1030 E RIVERSIDE 107.02 $ 32961 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9908491 424 S C 32.74 $32962 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9917777 1505 WRENWOOD 80.91 $ 32963 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9923429 1354 STEVEN 104.10 $ 32964 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9919980 1396 LINDA MESA 179.81 $ 32965 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 5462001 808 CUTTING 49.81 $32966 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9926308 1094 DIAMOND 185.22 $ 32967 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9919388 3092 SULTANA 41.96 $ 32968 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9925585 413 SUNDANCE 144.01 $32970 05/24/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 160.36 $ 32971 05/24/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9926438 339 E 4TH 290.50 $32972 05/31/2022 PD OPS PD OPS KER'S GAS & LUBE, INC. 04/22 PD CAR WASHES 425.00 $ 32973 05/31/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 4,320.00 $32973 05/31/2022 PLANNING PLANNING ACRO SERVICE CORPORATION TEMP SERVICES ‐ PLANNING 2,972.80 $ 32973 05/31/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SERVICES ‐ PLANNING 900.00 $ 32974 05/31/2022 HR PD OPS BIANCHI, BRANDON REIMBURSEMENT ‐ TUITION 1,023.00 $32975 05/31/2022 PD OPS PD OPS HARRY D. WILSON INC. CHARGER OPTIMATE 101.65 $ 32975 05/31/2022 PD OPS PD OPS HARRY D. WILSON INC. OIL CHANGE ‐ BMW 1250 212.68 $ 32976 05/31/2022 ENGINEERING RSTP ‐ FED EX GHD INC. 4TH/LAKE/CENTRAL INT IMPROVEMENTS 1,446.25 $ 32977 05/31/2022 PD OPS SUPP LAW ENF TIM J LAW EMPLOYMENT BACKGROUND 6,000.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32978 05/31/2022 PD OPS SUPP LAW ENF TRILOGY MEDWASTE WEST LLC REUSABLE TUB ‐ MEDICAL WASTE $ 149.73 32979 05/31/2022 FLEET MEASURE T ‐TRANSIT MADERA GLASS AND BODY, INC. BUS DECAL WRAP REMOVALS $ 960.0032980 05/31/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 107.95 32980 05/31/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 211.82 32980 05/31/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 190.96 32980 05/31/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 354.07 32980 05/31/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 628.37 32980 05/31/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 230.44 32980 05/31/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 320.60 32980 05/31/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 173.21 32980 05/31/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 140.88 32980 05/31/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 644.39 32980 05/31/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 3,526.13 32980 05/31/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 1,800.84 32980 05/31/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 1,265.57 32980 05/31/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 2,063.85 32980 05/31/2022 FINANCE TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 2,089.80 $ 32980 05/31/2022 FINANCE TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 1,901.42 32980 05/31/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 2,313.12 32980 05/31/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 658.97 32980 05/31/2022 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 176.87 $ 32980 05/31/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 05/01/22‐05/15/22 $ 7,556.10 32980 05/31/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF ‐ 05/01/22‐05/15/22 $ 718.81 32981 05/31/2022 GRANTS CALTRANS ‐ TRANSIT WSP USA INC. MADERA TRANSIT PLAN CONSULTANT $ 8,198.16 32982 05/31/2022 BUILDING BUILDING SIJ HOLDINGS LLC RECRUITMENT ADS $ 862.80 32982 05/31/2022 BUILDING PARKS ADMIN SIJ HOLDINGS LLC RECRUITMENT ADS $ 799.3532982 05/31/2022 BUILDING PLANNING SIJ HOLDINGS LLC RECRUITMENT ADS $ 359.10 32983 05/31/2022 PARKS DIF/PARKS FORENSIC ANALYTICAL CONSULTING SERVICES ENVIRONMENTAL AND ECOLOGICAL SERVICES $ 228.0032983 05/31/2022 PARKS MEAS K ‐ FIRE FORENSIC ANALYTICAL CONSULTING SERVICES ENVIRONMENTAL AND ECOLOGICAL SERVICES $ 228.0032984 05/31/2022 PD OPS SUPP LAW ENF CINTAS CORPORATION MEDICAL SUPPLIES $ 24.05 32985 05/31/2022 PD OPS GENERAL TRUST CALIFITNESS INC REPLACEMENT PARTS $ 230.00 32986 05/31/2022 FACILITIES FACILITIES MAINT MESA ENERGY SYSTEMS, INC HVAC TRAININGHVAC TRAINING $ 506.0032987 05/31/2022 FLEET FLEET MAINT GERARDO YANEZ REIMBURSEMENT ‐ DOT CLASS B LICENSE $ 114.00 32988 05/31/2022 ENGINEERING ENGINEERING BETTENCOURT, STEVE REIMBURSEMENT ‐ ENGINEER'S LICENSE $ 180.00 32989 05/31/2022 FINANCE AIRPORT OPS AT&T 04/22 SERVICE 831‐000‐6408‐576 $ 592.74 32989 05/31/2022 FINANCE BUILDING AT&T 04/22 SERVICE 831‐000‐6408‐576 $ 120.62 32989 05/31/2022 FINANCE CITY ATTORNEY AT&T 04/22 SERVICE 831‐000‐6408‐576 $ 39.29

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 32989 05/31/2022 FINANCE CITY CLERK AT&T 04/22 SERVICE 831‐000‐6408‐576 33.08 $ 32989 05/31/2022 FINANCE CODE ENF AT&T 04/22 SERVICE 831‐000‐6408‐576 660.97 $ 32989 05/31/2022 FINANCE COMM & REC AT&T 04/22 SERVICE 831‐000‐6408‐576 1,846.45 $ 32989 05/31/2022 FINANCE COMPUTER MAINT AT&T 04/22 SERVICE 831‐000‐6408‐576 124.75 $ 32989 05/31/2022 FINANCE ENGINEERING AT&T 04/22 SERVICE 831‐000‐6408‐576 277.07 $ 32989 05/31/2022 FINANCE FINANCE AT&T 04/22 SERVICE 831‐000‐6408‐576 94.42 $ 32989 05/31/2022 FINANCE FIRE AT&T 04/22 SERVICE 831‐000‐6408‐576 1,186.17 $ 32989 05/31/2022 FINANCE GRANT OVERSIGHT AT&T 04/22 SERVICE 831‐000‐6408‐576 115.79 $ 32989 05/31/2022 FINANCE HR/RISK MGT AT&T 04/22 SERVICE 831‐000‐6408‐576 78.57 $32989 05/31/2022 FINANCE PLANNING AT&T 04/22 SERVICE 831‐000‐6408‐576 101.32 $ 32989 05/31/2022 FINANCE UB ‐ GARBAGE AT&T 04/22 SERVICE 831‐000‐6408‐576 230.20 $ 32989 05/31/2022 FINANCE UB ‐ SEWER AT&T 04/22 SERVICE 831‐000‐6408‐576 230.20 $ 32989 05/31/2022 FINANCE UB ‐ WATER AT&T 04/22 SERVICE 831‐000‐6408‐576 460.41 $ 32989 05/31/2022 FINANCE CITY MANAGER AT&T 04/22 SERVICE 831‐000‐6408‐576 39.29 $ 32989 05/31/2022 FINANCE PD OPS AT&T 04/22 SERVICE 831‐000‐6408‐576 660.97 $ 32990 05/31/2022 FINANCE COMM & REC AT&T 04/22 CALNET 3 SERVICE 9391026396 257.76 $ 32990 05/31/2022 FINANCE MEAS K ‐ FIRE AT&T 05/22 CALNET 3 SERVICE 9391068734 45.78 $32990 05/31/2022 FINANCE SEWER OPS AT&T 05/22 CALNET 3 SERVICE 9391031570 211.65 $32990 05/31/2022 FINANCE SR CITIZEN COMM AT&T 04/22 CALNET 3 SERVICE 9391026398 22.43 $ 32990 05/31/2022 FINANCE SR CITIZEN COMM AT&T 04/22 CALNET 3 SERVICE 9391026403 25.38 $32990 05/31/2022 FINANCE PD OPS AT&T 04/22 CALNET 3 SERVICE 9391059143 1,085.52 $32990 05/31/2022 FINANCE PD OPS AT&T 04/22 CALNET 3 SERVICE 9391026401 22.43 $32990 05/31/2022 FINANCE PD OPS AT&T 05/22 CALNET 3 SERVICE 9391020514 167.08 $32991 05/31/2022 HR PD OPS ANAYA, CHRIS REIMBURSEMENT ‐ TUITION 105.00 $ 32992 05/31/2022 PD OPS SUPP LAW ENF ARAMARK UNIFORM SERVICES MATS ‐ PD 25.00 $ 32993 05/31/2022 ENGINEERING ENGINEERING R & R INDUSTRIES, INC. RAINPROOF PANTS 45.33 $ 32994 05/31/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 04/22 BLOOD ALCOHOL ANALYSIS 595.00 $ 32995 05/31/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY CHALK PAINT 183.80 $32996 05/31/2022 FINANCE COMPUTER MAINT COMCAST 05/22 SVS 8155500320322006 92.88 $ 32997 05/31/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 214.00 $ 32998 05/31/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS UPDATED SECURITY CODES ‐ FBSC 30.00 $ 32999 05/31/2022 PD OPS SUPP LAW ENF FRESNO POLICE DEPARTMENT K9 LEGAL UPDATE ‐ TRUKKI 100.00 $ 32999 05/31/2022 PD OPS SUPP LAW ENF FRESNO POLICE DEPARTMENT K9 LEGAL UPDATE ‐ SMITH 100.00 $ 33000 05/31/2022 HR BUILDING KAISER FOUNDATION HEALTH PLAN 05/22 & 06/22 MEDICARE SUPPLEMENT PREMIUM 172.00 $33001 05/31/2022 PD OPS SUPP LAW ENF LOU'S GLOVES, INC. MEDICAL GLOVES 990.00 $ 33002 05/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 04/22 UTILITY SERVICE 3040421 62.26 $ 33002 05/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 04/22 UTILITY SERVICE 3040431 73.88 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33002 05/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 04/22 UTILITY SERVICE 3040441 47.82 $ 33002 05/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 05/22 UTILITY SERVICE 3040421 $ 65.36 33002 05/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 05/22 UTILITY SERVICE 3040431 $ 80.44 33002 05/31/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 05/22 UTILITY SERVICE 3040441 $ 162.78 33003 05/31/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLICATION OF ORDINANCE 991 CS $ 279.5033003 05/31/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLICATION OF ORDINANCE 992 CS $ 266.50 33003 05/31/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLICATION OF ORDINANCE 993 CS $ 253.5033003 05/31/2022 ENGINEERING ENGINEERING MADERA TRIBUNE REQUEST FOR BID ‐ RFP $ 126.7533004 05/31/2022 PLANNING GENERAL TRUST WILLDAN FINANCIAL SERVICES CDF 2005‐1 ANNEXATION #10 $ 3,500.00 33005 05/31/2022 PD OPS SUPP LAW ENF OCCU‐MED, LTD. EXAM SERVICES $ 1,800.00 33006 05/31/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 05/22 SERVICE 6690755760‐8 $ 82.89 33006 05/31/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 05/22 SERVICE 1619119913‐8 $ 79.41 33007 05/31/2022 PD OPS PD OPS PROFORCE MISC EQUIPMENT $ 2,191.95 33008 05/31/2022 PD OPS PD OPS PROFORCE MISC EQUIPMENT $ 2,142.84 33009 05/31/2022 PLANNING PLANNING RINCON CONSULTANTS, INC. CONSULTING SERVICES $ 1,508.00 33010 05/31/2022 PD OPS MEAS K ‐ PD RON'S TOWING & ROAD SERVICE TOWING SERVICES $ 520.00 33011 05/31/2022 PW ADMIN FACILITIES MAINT TESCO CONTROLS, INC. TRAFFIC SIGNAL INVERTER $ 1,840.25 33012 05/31/2022 ENGINEERING FAU CMAQ TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL CONSULTING SERVICES $ 6,048.01 33012 05/31/2022 ENGINEERING LTF ‐ STREETS TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL CONSULTING SERVICES $ 869.45 33013 05/31/2022 IS PD OPS TYLER TECHNOLOGIES INC. TYLER BRAZOS $ 3,121.15 33014 05/31/2022 FINANCE AIRPORT OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 64.75 33014 05/31/2022 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 152.85 33014 05/31/2022 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 76.02 33014 05/31/2022 FINANCE ENGINEERING VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 50.95 33014 05/31/2022 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 51.42 33014 05/31/2022 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 152.04 33014 05/31/2022 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 0.82 33014 05/31/2022 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 38.01 33014 05/31/2022 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 0.95 33014 05/31/2022 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 101.90 33014 05/31/2022 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 12.54 33014 05/31/2022 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 4.99 33014 05/31/2022 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 0.47 33014 05/31/2022 FINANCE UB ‐ WATER VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 6.51 33014 05/31/2022 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 142.74 33014 05/31/2022 FINANCE WATER QUALITY VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 38.01 $ 33014 05/31/2022 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 110.91

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33014 05/31/2022 FINANCE MEAS K ‐ PD VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 40.80 $ 33014 05/31/2022 FINANCE CITY MANAGER VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 45.80 33014 05/31/2022 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 04/11/22‐05/10/22 $ 534.80 33015 05/31/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 2,000.00 33016 05/31/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 2,000.0033017 05/31/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 1,292.00 33018 05/31/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 2,000.00 33019 05/31/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 1,050.0033020 05/31/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE $ 3,000.0033021 05/31/2022 BUILDING BUILDING BLDING/PLAN REFNDS REFUND ‐ PAID WRONG INVOICE $ 284.46 33022 05/31/2022 FINANCE GENERAL FUND BL REFUNDS REFUND OF OVERPAYMENT $ 20.0033023 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9926099 604 WILLIS $ 158.7033024 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 8848003 200 ROOSEVELT $ 35.69 33025 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9905248 1170 COLOMBARD $ 166.32 33026 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9926353 1009 E LINCOLN $ 44.62 33027 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9916114 504 EL MONTE $ 73.6133028 05/31/2022 FINANCE WATER UTILITY OTP‐ UB REFUNDS UB TERM REFUND 10000410‐551049 50.94 $ 33029 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 10000114 3616 PACIFICA $ 72.3333030 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9923902 1129 PHILIP $ 145.36 33031 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9925909 1252 ROMA $ 123.07 33032 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9906115 2649 KIMBERLY $ 114.65 33033 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9924841 927 DAULTON $ 502.7533034 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9922823 1116 SIERRA $ 190.47 33035 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9901149 909 PAINTBRUSH $ 238.8633036 05/31/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS $ 151.78 33037 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9897577 200 W CENTRAL 127.10 $ 33038 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 9908671 248 S DOUBLE TREE CREDIT REFUND $ 244.58 33039 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9917297 227 RIVER POINTE $ 158.6133040 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9922689 1512 MERCED $ 106.52 33041 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9901807 2641 GLADE 199.99 $ 33042 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9920485 2890 FALCON $ 1,367.95 33043 05/31/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 4966009 1130 E CLEVELAND $ 38.20 81 05/24/2022 FINANCE AIRPORT OPS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,447.49 81 05/24/2022 FINANCE AQUATICS PROGRM US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 628.58 81 05/24/2022 FINANCE BUILDING US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 4,360.00 81 05/24/2022 FINANCE CENTRAL ADMIN US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 828.48 81 05/24/2022 FINANCE CITY CLERK US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 645.02

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 81 05/24/2022 FINANCE CITY COUNCIL US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES 1,803.50 $ 81 05/24/2022 FINANCE CODE ENF US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,007.88 81 05/24/2022 FINANCE COMM & REC US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 5,087.02 81 05/24/2022 FINANCE COMPUTER MAINT US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 5,203.33 81 05/24/2022 FINANCE ENGINEERING US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 2,135.58 81 05/24/2022 FINANCE FACILITIES MAINT US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 4,673.54 81 05/24/2022 FINANCE FINANCE US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 650.75 81 05/24/2022 FINANCE FIRE US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 5,672.32 81 05/24/2022 FINANCE FLEET MAINT US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 11,557.21 81 05/24/2022 FINANCE GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 7,723.44 81 05/24/2022 FINANCE GENERAL TRUST US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 5,452.57 81 05/24/2022 FINANCE GRANT OVERSIGHT US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 81.24 81 05/24/2022 FINANCE HR/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 311.6281 05/24/2022 FINANCE INS/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 768.6181 05/24/2022 FINANCE MEAS K ‐ FIRE US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 7,853.04 81 05/24/2022 FINANCE PARKS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 20,424.69 81 05/24/2022 FINANCE PARKS ADMIN US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 77.91 81 05/24/2022 FINANCE PLANNING US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,178.05 81 05/24/2022 FINANCE STREETS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 15,261.58 81 05/24/2022 FINANCE RECREATION US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES 99.45 $ 81 05/24/2022 FINANCE SEWER OPS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,635.10 81 05/24/2022 FINANCE SPORTS PROGRAMS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 462.39 81 05/24/2022 FINANCE SR CITIZEN COMM US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 189.2181 05/24/2022 FINANCE STREET CLEANING US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 2,184.83 81 05/24/2022 FINANCE SUPP LAW ENF US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 350.04 81 05/24/2022 FINANCE TIRE CLEAN UP US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 3,798.00 81 05/24/2022 FINANCE TRANS ‐ FIXED US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 8,142.52 81 05/24/2022 FINANCE TRANS ‐ DAR US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,131.05 81 05/24/2022 FINANCE UB ‐ GARBAGE US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 135.52 81 05/24/2022 FINANCE UB ‐ SEWER US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 135.5281 05/24/2022 FINANCE UB ‐ WATER US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 271.0381 05/24/2022 FINANCE WATER OPS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 13,574.31 81 05/24/2022 FINANCE WATER QUALITY US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,240.04 81 05/24/2022 FINANCE WWTP US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 12,337.49 81 05/24/2022 FINANCE MEAS K ‐ PD US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 2,204.30 81 05/24/2022 FINANCE CITY MANAGER US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 625.00 81 05/24/2022 FINANCE FLEET ACQUISITION US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 1,901.83

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 81 05/24/2022 FINANCE PURCHASING US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 46.5581 05/24/2022 FINANCE SPECIAL EVENTS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 61.8281 05/24/2022 FINANCE PD OPS US BANK CORPORATE PAYMENT SYSTEMS 04/22 CAL‐CARD CHARGES $ 11,491.32 82 05/27/2022 HR CITY CLERK EMPLOYEE BENEFIT SPECIALISTS, INC. MAY BENEFIT PREMIUMS $ 848.00 82 05/27/2022 HR PAYROLL TRUST EMPLOYEE BENEFIT SPECIALISTS, INC. MAY BENEFIT PREMIUMS $ 337,655.8982 05/27/2022 HR PD OPS EMPLOYEE BENEFIT SPECIALISTS, INC. MAY BENEFIT PREMIUMS $ 848.00 83 05/27/2022 FINANCE GENERAL CAPITAL BANC OF AMERICA PUBLIC CAPITAL CORP ENGIE SOLAR PROJECT $ 258,219.40 84 06/01/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 06/01/2022 $ 3,755.46 85 06/03/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS $ 8,469.7686 06/03/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS $ 2,395.94 BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 1,510,146.32

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

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

SUMMARY:

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

DISCUSSION:

The Civil Service Commission met June 7, 2022, and approved eligibility lists for the following classifications:
▪ Police Officer Trainee
▪ Administrative Assistant
▪ Program Manager – Grants
▪ Public Works Maintenance Worker II
The Civil Service Commission also approved extension of Eligibility List #21-22, Police Sergeant, for a period of six (6) months at the request of the Police Department in compliance with the City of Madera Personnel Rules and Regulations.

B-3
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Marcella Zumilpa Program Leader II Parks & Community
Services
PT 5/11/22
David Contreras Park Aide Parks & Community
Services
PT 5/16/22
Destyni Ellis Program Leader I Parks & Community
Services
PT 5/16/22
Jerron Romias Police Officer I Police Department FT 5/21/22 Armando Villagomez
Espinoza
Park Aide Parks & Community
Services
PT 5/24/22
Leah Resendez Lifeguard Parks & Community
Services
PT 5/26/22
Markel Parker Program Leader I Parks & Community
Services
PT 5/26/22
Tasiana Gonzalez Program Leader I Parks & Community
Services
PT 5/26/22
Anthony Sierra Program Leader I Parks & Community
Services
PT 5/26/22
Mischa Lutz Program Leader I Parks & Community
Services
PT 5/26/22
Cheyenne Hunter Program Leader I Parks & Community
Services
PT 5/26/22
Grace Salazar Program Leader I Parks & Community
Services
PT 5/31/22
Brooklyn Reeves Program Leader I Parks & Community
Services
PT 6/2/22
Aliyah Martinez Program Leader I Parks & Community
Services
PT 6/2/22
Khiana Estrada Program Leader I Parks & Community
Services
PT 6/2/22
Jaden Martinez Program Leader I Parks & Community
Services
PT 6/2/22
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Lawrence Watson Program Leader I Parks & Community
Services
PT 6/2/22
Christian Lopez Program Leader I Parks & Community
Services
PT 6/2/22
Jannalyn Milam Public Safety Dispatcher Police Department FT 6/4/22 Hannah Flores Public Safety Dispatcher Police Department FT 6/4/22 Guadalupe Silva Public Safety Dispatcher Police Department FT 6/4/22 Adam Garcia Animal Control Officer Police Department FT 6/4/22 Veronica Calderon Records Clerk Police Department FT 6/4/22 Kristin Lindlief Police Officer Trainee Police Department FT 6/4/22 Aiden Medina Program Leader I Parks & Community
Services
PT 6/7/22
*Status: PT = Part Time, FT = Full Time
The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Gerardo Velazquez Parks Worker III (out-of-class
assignment) Parks Worker I 5/20/22
Gerardo Velazquez Parks Worker I Parks Worker II 5/21/22 Joe Ramon Parks Worker I Parks Worker II 6/4/22
Moses Miranda Parks Worker I Parks Worker II 6/4/22
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Fredy Ruiz Public Works Maintenance
Worker I
Public Works – Safe
& Clean Team PT 4/29/22
Table 3: Separations, continued
Name Position Department Status* Effective
Date
Daniel Ventura Park Aide Parks & Community
Services PT 5/18/22
Louis Donaldson Code Enforcement
Consultant Police Department PT 5/27/22
*Status: PT = Part Time, FT = Full Time
FINANCIAL IMPACT:

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

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 2022
_________________________________ Agenda Number: ____________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Olive Avenue Widening and Reconstruction - Gateway Drive to Knox Street, Phase 2 Utility Undergrounding Project
RECOMMENDATION:

Adopt a Resolution Increasing the Allowable Project Contingencies from 10 percent to 25 percent for the Olive Avenue Widening and Reconstruction - Gateway Drive to Knox Street Phase 2, Utility Undergrounding City Project No. R-000010 SUMMARY:

The franchise utility conversion from overhead to underground (Phase 2) of the Olive Avenue widening project has been under construction since the fall of 2020. Contract changes as required by Pacific, Gas, and Electric (PG&E) and AT&T will exceed 10 percent of the original contract with Mid Cal Pipeline and Utilities as approved by Council at the time of award. An additional 15 percent is requested to cover work that has already been completed and projected cost increases for remaining activities. Funds for the increased construction contract costs are included in the City’s Fiscal Year (FY) 2021/22 Capital Project Budget.

DISCUSSION:

Council awarded the Olive Avenue Widening and Reconstruction Gateway Drive to Knox Street, Phase 2 Utility Underground Project to Mid Cal Pipeline and Utilities on May 6, 2020. The work is split into two bid schedules:
 Schedule A - all work outside of the Union Pacific Railroad (UPRR) right of way  Schedule B – all work associated with the jack and bore of a steel casing under UPRR and placement of PG&E conduits within the casing
Construction began in September, 2020 for work associated with Schedule A, primarily trenching and installation of conduits and substructure for AT&T, PG&E, and Comcast. Early on both AT&T B-4
and PG&E found that existing conduits and facilities presumed to be present around the area of Roosevelt were different than depicted on the drawings. PG&E issued revised drawings after the project was bid adding some additional conduit and vaults at the east end of the project.

Furthermore, AT&T conduit that was planned to go behind the curb adjacent to Sierra Vista School was required to be placed in the street at a much higher trenching and restoration cost.

Those changes cost approximately $115,000.

Regarding Schedule B, the installation of steel casing under UPRR, additional costs were incurred due to changes to the casing requirements and subsequent increases in materials costs due to supply chain issues. The steel casing size was increased from 16 inches in diameter to 18 inches in diameter and the length was increased to span the entire UPRR right of way. The size of the bore pits on either side were inadequate for the equipment and had to be enlarged as well. The resulting costs associated with changes to the casing installation were $71,467.

The original contract amount was $890,002. Allowable contract increases are currently capped at 10 percent of the contract amount, or $89,000.20, per the awarding resolution. The project is nearing completion; remaining work is installation of an electrical panel and underground power feed to the UPRR signal cabinet on the south side of Olive Avenue on the east side of the tracks.

Outside of the changes noted above, there have also been typical change orders due to unknown conditions and quantity adjustments. Projected contingencies needed for the Project are summarized in Table 1.

Table 1: Contract Contingency Summary
Contract Change Cost
Schedule A Additional utility requirements $115,000
Schedule B Increase steel casing size and length $71,467 Other Miscellaneous Change Orders $36,033.50
Total Not to Exceed Contingencies $222,500.50
It is recommended to increase the allowable contingencies from 10 percent to 25 percent, $222,500.50.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund. Funding for the additional project contingencies is available in the FY 2021/22 CIP Budget for the Olive Avenue Widening and Reconstruction Project - Gateway Drive to Knox Street, City Project No. R-000010. The source of funds for the Phase 2, Utility Undergrounding Project is Measure T and Regional Surface Transportation (RSTP) Funds.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
 Strategy 101.6 - Ensure infrastructure can sustain population growth in the development of the General Plan.
 Strategy 121 – Develop a city-wide multi-modal transportation plan to ensure safe, affordable, and convenient transportation modes for residents and businesses within Madera
ALTERNATIVES:

If City Council elects not to approve an increase to the construction contingencies, Staff would need to negotiate with the contractor to remove any portions of the work uncompleted from the contract to keep the costs within the originally approved amount. The utility conversion would not occur and there would be delays to the Phase 3 Olive Widening project.

ATTACHMENTS:

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

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

AUTHORIZING AN INCREASE IN CONSTRUCTION CONTRACT

CONTINGENCIES FOR THE CONTRACT WITH MID CAL PIPELINE AND UTILITIES, INC. FOR THE OLIVE AVENUE WIDENING AND
RECONSTRUCTION - GATEWAY DRIVE TO KNOX STREET PHASE 2, UTILITY UNDERGROUNDING CITY PROJECT NO. R-000010
WHEREAS, the City Council adopted Resolution 20-62 awarding a contract to Mid Cal Pipeline & Utilities, Inc. on May 6, 2020 for the Olive Avenue Widening and Reconstruction – Gateway Drive to Knox Street Phase 2, Utility Undergrounding City Project No. R-000010 (Project); and
WHEREAS, the awarding resolution authorized up to 10 percent construction contingencies as approved by the City Engineer; and
WHEREAS, unavoidable requirements encountered during construction have generated contract changes exceeding 10 percent construction costs; and WHEREAS, funding for increase construction contingencies is available in the Project CIP Budget.

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 authorizes Construction Contingencies of up to 25 percent ($222,500.50) as approved by the City Engineer.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2022/23 RECOMMENDATION:

Adopt a Resolution Approving the Applications for TDA – LTF and STA Funds for FY 2022/23 and Authorizing the City Engineer to execute and submit the Applications to the Madera County Transportation Commission (MCTC)
SUMMARY:

The TDA-LTF and STA applications describe the proposed expenditures for the MCTC approved allocation of TDA funds for FY 2022/23. City staff recommends the proposed expenditures and will include them in the proposed FY 2022/23 City Budget.

The LTF allocation to the City of Madera in the amount of $2,525,820 for FY 2022/23 must be used for transportation related services such as transit services, street construction, program planning, and administration. Projects in the Capital Improvement Plan (CIP) for the City of Madera have been created and approved by Council for the use of these funds. The LTF allocation for FY 2022/23 is $622,431 more than the FY 2021/22 allocation.

The STA proposed allocation of $628,013 for FY 2022/23 must be used for transit related programs only. Therefore, the funds are programmed as outlined in Table 1. ['~~
~ t2.~rr-r
Council Meeting of: June 15, 2022
Agenda Number: _______
B-5
Table 1: State Transit Assistance funds allocation for Fiscal Year 2022/23 Madera Metro/Fixed Ride/Operations $400,000
Dial-A-Ride, Fixed Route Capital $155,000
Intermodal Building Ops $100,000
Transit Center Ops $50,000
TOTAL $705,000
The STA allocation for FY 2022/23 has increased by $163,910.

DISCUSSION:

The TDA provides two funding sources:

1. Local Transportation Fund (LTF) derived from a ¼ cent of the general sales tax collected statewide. LTF is used for transportation related services such as transit, street construction, program planning, and administration.

2. State Transit Assistance fund (STA) is derived from the statewide sales tax on diesel fuel.

STA is limited to transit related programs only.

The Transportation Development Act (TDA) provides two major sources of funding for public transportation. These funds are for the development and support of public transportation needs that exist in California and are allocated to areas of each county based on population, taxable sales, and transit performance. Some counties have the option of using LTF for local streets and road projects if they can show there are no unmet transit needs.

The main purpose and priority of the TDA is to provide funding for public transportation.

Historically, the City has availed itself of its ability to utilize LTF for the purposes of assisting in other transportation needs, road improvements, and support of transportation related activities within the Engineering Division.

Local agencies are required to submit applications for LTF and STA funds annually for approval by the MCTC Board. These applications describe the intended use of the funds and require Council approval. The LTF application will also be brought back to Council for amendment once the carryover balance from the previous FY is validated with MCTC.

The STA and LTF applications are prepared for funds apportioned to the City of Madera, County of Madera, and City of Chowchilla based on population pursuant to the Transportation Development Act (TDA). Changes to these applications by the local agency can be made through an amended application at any time. The applications are prepared to reflect the proposed expenditures for the coming FY.

As outlined in Public Utilities Code (PUC) Section 99233, the LTF is allocated in a specific priority order. LTF are programmed first for transit services based on the premise that the unmet transit needs process has been prepared and conducted by the MCTC, and operational needs determined by City staff. After allocating the amounts needed for Transit, 2% for Bicycle and pedestrian facilities and projects, and 3% for MCTC Transportation Planning and Programming, the remaining LTF are typically programmed for street construction and maintenance projects that are identified in the City’s CIP to include planning, acquisition of real property, construction of facilities, and administration.

The distribution of LTF shown on the application are outlined in Table 2.

Table 2: Local Transportation Funds
Transit Services & Capital Outlay $705,000
Bicycle/Pedestrian Facilities $50,506
Transportation Planning (MCTC) $75,758
Transportation Improvement Projects $1,567,752
TOTAL $2,399,016

As part of previous application expenditure reviews, staff identified a concern relative to the ongoing stability of previously adhered practices in relation to planning for the use of available LTF funding. This concern had been alluded to in several previous staff reports to Council in that expenditures of LTF funding toward transit activities had been increasing at a greater pace than TDA funding (Overall STA or STA and LTF combined has been increasing). This led staff to the conclusion that expenditures that may be covered by LTF for Engineering Division operations or projects may need to be reduced over the next several years. The influx of funding to offset impacts due to the COVID-19 pandemic has provided relief to Transit’s draw from LTF this year and possibly into the next couple of years. However, as those resources close out and with any expansion to the transit system, the net affect will likely be a reduction in available funding for Engineering Division operations and streets and roads projects.

FINANCIAL IMPACT:

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

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

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

ALTERNATIVES:

Provide staff direction from Council on how to better utilize available funds.

ATTACHMENTS:

1. Resolution
Exhibit A – Application
Attachment 1
Resolution
RESOLUTION NO. 22-_______

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

CALIFORNIA APPROVING APPLICATIONS FOR TRANSPORTATION
DEVELOPMENT ACT (TDA) – LOCAL TRANSPORTATION FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2022/23

AND AUTHORIZING THE CITY ENGINEER TO EXECUTE AND SUBMIT THE

APPLICATIONS TO MADERA COUNTY TRANSPORTATION COMMISSION (MCTC)

WHEREAS, the TDA - LTF and STA funds are annually allocated by MCTC pursuant to the TDA; and
WHEREAS, the City of Madera prepares the applications outlining the intended uses for the LTF and STA funds each year and the applications may be amended as needed; and WHEREAS, the LTF and STA fund applications for FY 2022/23 that describe the intended uses of these funds have been submitted to Council for review and approval.

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

1. The above recitals are true and correct.

2. The FY 2022/23 applications for TDA – LTF and STA funds as allocated to the City of Madera by MCTC are attached hereto as Exhibit A and incorporated herein by reference, as needed for the City of Madera to receive TDA – LTF and STA funds.

3. The applications are hereby approved.

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

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

Exhibit A
Applications
Line
1 Project Year (FY)
2 Claimant
3 Address
4 Contact Person Title
5 Telephone Number
6 The above named claimant hereby applies for allocations of Transportation Development Act funds for FY 2022-23 for the purposes and in the amount(s) specified below:
7 75,758.00 $
8 Pedestrian & Bikeway Facilities (PUC 99234) 50,506.00 $ 9 Article 4 Transit (PUC 99260)
10 Article 4.5 Community Transit (PUC 99275)
11 Article 8a Streets & Roads (PUC 99400a) 1,567,752.00 $ 12 Article 8b Rail (PUC 99400b)
13 Article 8c Transit Contracts (PUC 99400c) 705,000.00 $ 14 TOTAL LTF $ 2,399,016.00
15 Transportation Planning
16 Mass Transportation
17 TOTAL STA $ 628,013.00
18 TOTAL TRANSPORTATION DEVELOPMENT ACT APPLICATION $ 3,027,029.00 (add lines 14 and 17)
19 By:
20 Title:
21 Date:
22 Signed:
23 Name:
24 Title:

Approved by MCTC:

FORM A
Authorized Official Date
Kingsley Okereke
Director of Financial Services
Reference: CCR Section 6630
I hereby attest to the reasonableness and accuracy of the financial statements included in Documents D, E, & F. (Sec. 6632)
Nicole Say Administrative Analyst
(559) 661-3688
Purpose
Local Transportation Fund
Regional Transportation Planning (PUC 99262 & 99402)
State Transit Assistance
Claimant acknowledges that payment by the County Auditor of an allocation made by MCTC is subject to such monies being on hand and available for distribution and to the provision that such moneys be used only in accordance with the terms of the allocation instruction issued by MCTC.

Nicole Say
Administrative Analyst
6/7/2022
205 W. Fourth Street

MADERA COUNTY TRANSPORTATION COMMISSION

TRANSPORTATION DEVELOPMENT ACT APPLICATION SUMMARY - FORM A (All claimants must complete this document)
2022-23
City of Madera
2022/23
Transportation Services, Section 99260 (Article 4):

1. Name of Service: $

2. Name of Service: $
TOTAL: $ -
Transportation Services, Section 99400 (b,c,d) (Article 8):
$ 400,000.00
$ 155,000.00
$ 100,000.00
$ 50,000.00
TOTAL: $ 705,000.00
Pedestrian and Bicycle Facilities, Section 99234 (Article 3):

1. $ 50,506.00

2. $

3. $
TOTAL: $ 50,506.00
Bike Programs
02-20 -LTF Application

4. Name of Service, Contractor: Transit Center Ops
Project Name, if applicable

2. Name of Service, Contractor: Dial-A-Ride, Fixed Route Capital

3. Name of Service, Contractor: Intermodal Building Ops

1. Name of Service, Contractor: Ma. Metro Dial-A-Ride, Fixed Route Ops Projects. All projects submitted must be included in the Regional Transportation Plan. MCTC is required to make a finding that "No unmet public transportation needs exist" in the county before this application can be approved.

FUNDING REQUEST:

Transportation Planning Services, Pedestrian and Bicycle Facility Construction, and Street and Road

MADERA COUNTY TRANSPORTATION COMMISSION
Application for Transportation Development Act Funds - Form A.1 Local Transportation Fund (LTF)
Fiscal Year
Applicant Agency and Project Manager:

City of Madera - Nicole Say
This form is to be used when making an application to use LTF funds for Public Transportation Services,

Page 2 ends

$ 75,758.00
$
$
TOTAL: $ 75,758.00
$ 1,567,752.00
GRAND TOTAL: $ 2,399,016.00
Date
Note:

TDA funds may be used to cover actual expenses during the fiscal year of the application only. Should carryover funds occur, MCTC should be notified 02-20 -LTF Application
Approved by MCTC:

Executive Director
Date
Submitted By:

Signature of Local Official, Title
Street and Road Projects, Section 99402 (Article 8):

Article 8 Funds Requested for Street & Road Projects
Additional planning project or contracted transportation planning work MCTC TDA (LTF) Application Form
Transportation Planning Services, Section 99402 (Article 8):

MCTC regional transportation planning activities on behalf of member agencies Local Agency transportation planning activities (or Contracted Services) 2022/23
$ 628,018.00
$
$
$
$
TOTAL: $ 628,018.00
MCTC transit planning activites on behalf of member agencies. $ Local Agency transportation planning activies (or Contract Services) $ Additional planning project or contracted transportation planing work $ TOTAL: $ -
SUMMARY of PROPOSED EXPENDITURES
Transportation Services $ 628,018.00
Transportation Planning Services $ -
GRAND TOTAL: $ 628,018.00
Date
Note:
02-20 -STA Application

5. Name of Service, Contractor:

Transportation Planning Services:

Submitted By:

Signature of Local Official, Title
Approved by MCTC:

Executive Director
TDA funds may be used to cover actual expenses during the fiscal year of the application only. Should carryover funds occur, MCTC should be notified

2. Name of Service, Contractor:

3. Name of Service, Contractor:

4. Name of Service, Contractor:

This form is to be used when making an application to use STA funds for Transportation Services and Transportation Planning. All projects submitted must be included in the Regional Transportation Plan.

FUNDING REQUEST:

Transportation Services:

1. Name of Service, Contractor:

Madera Metro, Dial-A-Ride, Intermodal,
Madera Transit Center
City of Madera - David Huff

MADERA COUNTY TRANSPORTATION COMMISSION
Application for Transportation Development Act Funds - Form A.2 State Transit Assistance (STA)
Fiscal Year
Applicant Agency and Project Manager:

FORM A.2
Transit System
Line Prior Year (FY) Project Year (FY)
1 Budget Year 2022 2023
2 Total Eligible Operating Cost $2,108,847.49 2,500,000.00 $ 3 Estimated Fares - $ 40,000.00 $
4 Operating Deficit (subtract Line 3 from Line 2) (2,108,847.49) $ (2,460,000.00) $ Other Operating Revenues
5 Local Taxes
6 Local Transportation Fund 600,000.00 $ 550,000.00 $
7 LTF Balance from Prior Year
8 State Transit Assistance Fund $113,055.89 628,013.00 $ 9 Federal Operating Assistance $1,528,761.00 1,900,000.00 $ 10 Measure T $127,896.43 150,000.00 $
11 Other (specify):
12 Other (specify):
13 Other (specify):
14 Net Surplus/(Deficit) (add Lines 5-13 to Line 4) 260,865.83 $ 768,013.00 $ Footnotes
Reference: CCR Section 6632

PROPOSED OPERATING BUDGET
(All transit claimants must complete this document)
Line Prior Year (FY) Project Year (FY)
15 Budget Year 2022 2023
Capital Expenditures (Itemize by Project)
16 $ 82,612.90
17 $22,314.07
18 $ 515,000.00
19 $ 162,000.00
20 $ 180,000.00
21 $ 288,000.00
22 23
24 Total Capital Expenditures (Add Lines 16-23) $ 104,926.97 $ 1,145,000.00 Capital Revenues
25 Local Taxes
26 Local Transportation Fund (LTF) $ 155,000.00
28 LTF Balance from Prior Year $ 600,000.00
29 State Transit Assistance Fund (STAF)
30 STAF Balance from Prior Year
31 Federal Capital Assistance $ -
32 Other (specify): $ 824.07 $ 864,257.69
33 Other (specify): $ 553,500.36
34 Other (specify): $ 386,884.00
35 Other (specify):
36 Total Capital Revenues (add Lines 25-35) $ 600,824.07 $ 1,959,642.05 37 Net Surplus/(Deficit) (subtract Line 36 from Line 24) $ 495,897.10 $ 514,642.05 1 Transit Buses (5339)

PROPOSED CAPITAL BUDGET
(All transit claimants must complete this document)
Vehicles & Equipment
Facilities/Impr./Construction/Infrastructure
4 Transit Buses (5307)
3 ADA/Paratransit Vans (5339)
Intermodal Renovation
Prop 1B PTMISEA
ARTICLE 3 BIKE/PED
List the corresponding RTP project and/or page numbers.

List the corresponding local bicycle plan project and/or page numbers.

ARTICLE 4 TRANSIT
List the corresponding RTP project and/or page numbers.

PROJECT DESCRIPTION & REGIONAL TRANSPORTATION PLAN CONFORMITY (All claimants must complete this document)
Complete sections for every article under which you are applying for TDA funds.

Describe how you plan to use LTF Article 3 Bike/Ped funds. Include, as applicable, location, type of bike facility, length of project (if bike lane), construction start date, and expected date of opening.

Bike/Ped funds will be used for existing bicycle and pedestrian facilities on a yearly basis. A portion of these funds will support the costs for the construction and maintenance of Class I, II and Ill bikeways and pedestrian facilities. Construction dates occurs during the year.

Describe how you plan to use LTF Article 4 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.

ARTICLE 4.5 COMMUNITY TRANSIT SERVICES
List the corresponding RTP project and/or page numbers.

ARTICLE 8(c) TRANSIT
List the corresponding RTP project and/or page numbers.

ARTICLE 8(b) RAIL
List the corresponding RTP project and/or page numbers.

Describe how you plan to use LTF Article 8 Transit funds. Include, as applicable, type of project, construction start date, expected date of opening.

LTF Article 8 funds will be used for ongoing transit Demand Response, Fixed Route, Dial-ARide(ADA/Paratransit), the Intermodal Transit Center, and the Madera Transit Center operating cost.

Funds will also be used as a local match for all Federal grants in the areas of Capital Improvements, Vehicle Procurement, Operation Assistance, and Preventation Maintenance. The City of Madera is finalizing the Madera Transit Plan with a Phase II completion date of April 2023. LTF Article 8 funds will be used to cover the expense of the said project.

Describe how you plan to use LTF Article 8 Rail funds. Include, as applicable, type of project, construction start date, expected date of opening.

Describe how you plan to use LTF Article 4.5 CTSA funds. Include, as applicable, type of project, construction start date, expected date of opening.

ARTICLE 8(a) STREETS AND ROADS
Describe how you plan to use LTF Article 8 Streets/Roads funds. Include, as applicable, type of project, construction start date, expected date of opening.

Streets/Roads funds will be used to support the costs for planning, engineering, environmental clearance, and construction for improvements of eligible streets, concrete curb, gutter and sidewalks, concrete medians, ADA ramps and shoulder paving, Railroad approaches, Traffic Signal improvements, and Bridge rehabilitaion at various locations within the City of Madera. Construction dates vary every year and at times extends to more than a year.

Reference: CCR Section 6651
Operator's STA Qualifying Criteria (99314.6) - Worksheet FY 2021-22 FISCAL YEAR FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 (Audited Data)
A. Operating Cost $2,032,211 $2,134,957 $2,432,137 $2,393,639 B. Operating Cost Exclusions:
(Depreciation already excluded)
Reimbursement agreement (pass-thru)
C. Adjusted Operating Cost (A-B) $2,032,211 $2,134,957 $2,432,137 $2,393,639 D. Revenue Vehicle Hours (RVH) 26674 26674 25823 19167
E. RVH Exclusions:
(add sheets if required)
F. Adjusted RHV (D-E) 26674 26674 25823 19167
G. Operating Cost per RVH (C/F) $76.19 $80.04 $94.18 $124.88 I. Operating Cost per RVH $76.19 $80.04 $94.18 $124.88

W X Y Z
H. % Change in CPI 4.52%
% Change in CPI 3 prior years 4.48%
(change in annual CPI between first year of first fiscal year and last year of last fiscal year) FORM G - 1
_11 11 I_I _
Efficiency Standard 1:

Z must be less than or equal to (Y)*(CPI%) [CPI% = average percentage change in the CPI%] Z = $124.88 Difference: $26.44
Y = $98.44 Percentage: 26.86%
[Y + Y * (CPI)] = $98.44
Efficiency Standard 2:
[(X + Y + Z) / 3] must be less than or equal to [(W + X + Y)/3] (3-year CPI%) [(X + Y + Z) / 3] = $99.70 Difference: $12.49
[(W + X + Y) / 3] = $83.47 Percentage: 14.32%
[(W + X + Y) / 3] + [(W + X + Y) / 3]*CPI = $87.21
Operator qualifies under:

Standard 1: r Yes r No
Standard 2: r Yes r No
For RTPA Use Only
FORM G - 2

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Project List for Fiscal Year (FY) 2022/23 Funded by Senate Bill (SB 1) Road Maintenance and Rehabilitation Account (RMRA) – Local Streets and Roads Funding Program RECOMMENDATION:

Staff recommends that the City Council (Council) adopt a resolution approving the City project list for FY 2022/23 funded by the SB 1 RMRA account of the Local Streets and Roads funding program
SUMMARY:

On April 28, 2017 the Governor of the State of California signed SB 1, known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the State Highway and local streets and road system.

The State Controller (Controller) deposits portions of funding from increases to certain fuel excise and sales taxes and vehicle registration fees into the RMRA Account of which a percentage is apportioned by the Controller to eligible cities and counties.

Streets and Highways Code Section 2034(a)(1) requires that prior to receiving an apportionment of RMRA funds, an eligible municipality shall submit to the California Transportation Commission (CTC) a list of eligible projects proposed to be funded with RMRA funds pursuant to an adopted resolution by the applicable Council or County Board of Supervisors at a regular meeting. The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

Council Meeting of: June 15, 2022
Agenda Number: ___B-6 _____
DISCUSSION:

FY 2022/23 marks the 6th year that the City is receiving SB 1 funding. This funding enables the City to continue essential road maintenance and rehabilitation projects, safety improvements and the repair of aging bridges. As highlighted on Table 1, the City anticipates receiving approximately $1,465,321.00 in the upcoming FY; an increase of 12% over the previous year.

The City uses Pavement Management System (PMS) software to validate that expendiures on road maintenance are made in the most cost-effective manner. The PMS was utilized to develop the project list exclusively for arterial and collector streets. This is because local/residential streets have yet to be added in the PMS. The portion of the list that reflects local/residential streets was generated by the Public Works Department based on the same philosophy to select the most cost-effective projects. Upon generation of the list, projects are inspected by Engineering and Public Works staff to confirm that the optimum technologies are selected to extend the life of streets and to reduce future maintenance costs.

The FY 2022/23 RMRA funds will be split between arterial/ collector streets and local/residential streets and the most appropriate treatment will be selected to extend the life of the pavement to it’s maximum potential. Exhibit A, attached to the resolution , identifies the streets and roads that will be submitted to the CTC for consideration. A map of said improvements is provided in Exhibit B. The list of street segments anticipated to be addressed as part of the FY 2022/23 RMRA cycle is also shown below on Table 2.

Table 1: RMRA List of Projects FY 2022/23
Project Location
Clark Street (From Tulare to Lake St)
Clark Street (From Austin Ave to D St)
Ashlan Way (From Rogers St to Lake St)
Vineyard Ave (From Sunrise Ave to Cross St)
6th St (From K St to Gateway Dr)
7th St (From L St to J St)
8th St (From K St to Freeway 99)
Table 1: RMRA Revenue per FY
FY 2017/18
actual
FY 2018/19
actual
FY 2019/20
actual
FY 2020/21
actual
FY 2021/22
projected
FY 2022/23
projected
$387,211 $1,214,447 $1,150,369 $1,212,698 1,311,097 $1,465,321 9th St (From K St to I St)
Alderwood Court (From Schnoor to Alderwood
C)
Austin Street (From Lincoln Ave to Cleveland Ave)
Bend Street (From Tulare to End of Bend St)
Clinton Street (From Lake St to Lilly St)
Grapewood Court (From Aspen Ln to End of
G d C )
Harding Street (From Davis St to End of Harding
S)
Harding Street (From Owens St to Sharon Ave)
K St (From Olive Ave to Yosemite Ave)
Lake Street (Sunrise Ave to Clinton St)
Lincoln Ave (From Sharon Ave to Sierra St)
Maple Street (From Pine St to Grove St)
Noble Street (From Gill Ave to Maple Street)
Rush Street (From D St to Dellavalle Ave)
Tulare Street (From Wessmith to Kennedy St)
Wilson Street (From Sharon Ave to Owens St)
Wrenwood Way (From Tulare St to Fountain
W)
Wessmith Way (From Tulare St to Barcelona
W)
Fountain Way (From Wessmith Way to Sherwood
W)
Lake Street (From Cleveland Ave to Central Ave)
Lake Street (From Central Ave to Yosemite Ave)
The RMRA guidelines allow for modifications to the list (for example, if there are not enough funds to complete this list) as long as the final expenditure report reflects the actual completed streets. The City, upon expending program funds, is required to submit documentation to the CTC that details the expenditure of RMRA funds. This documentation includes a description and location, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement. The submittal of the project list and reporting process is done through the CalSmart website provided by CTC.

Staff is hereby recommending that Council approve the project list as presented for the City of Madera.

FINANCIAL IMPACT:

There is no fiscal impact to the City’s General Fund as part of this action. The project, when awarded through a separate action will be funded by revenues generated by the SB1 RMRA and Measure T RTP/3R with no General Fund impact.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 126 - This project supports this strategy by providing clean, attractive streets that are safe and aesthetically pleasing. The requested action is for improvement of infrastructure and is not in conflict with any of the other actions of goals contained in the plan ALTERNATIVES:

Should the Council elect to not approve the resolution adopting the City of Madera project list for fiscal year 2022/23 funded by the SB 1 Road Maintenance and Rehabilitation account, then the following alternatives can be considered:

1. Provide guidance to staff to modify the project list.

2. Elect not to approve the project list and become ineligible for SB 1 RMRA funds.

ATTACHMENTS:

1. Resolution
Exhibit A – Project List

2. Project Location Map
ATTACHMENT 1
Resolution
RESOLUTION NO. 22 -

RESOLUTION ADOPTING THE CITY OF MADERA PROJECT LIST FOR FISCAL YEAR (FY) 2022/23 FUNDED BY SENATE BILL (SB 1) ROAD MAINTENANCE AND REHABILITATION ACCOUNT (RMRA) – LOCAL STREETS AND ROADS

FUNDING PROGRAM
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Madera are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Madera must adopt by resolution a list of all projects proposed to receive funding from the RMRA, created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Madera, is anticipated to receive an estimated $1,465,321.00 in RMRA funding in FY 2022/2023 from SB 1; and
WHEREAS, this is the sixth year in which the City of Madera is receiving SB 1 funding and will enable the City of Madera to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing of aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Madera used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, funding from SB 1 will help the City of Madera maintain and rehabilitate various streets/roads throughout the City of Madera this year and hundreds of similar projects into the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Madera’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into an improved condition; and
WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, has significant positive co-benefits citywide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Madera, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The City Council approves the FY 2022/2023 SB 1 Project List planned to be funded with RMRA revenues attached in Exhibit A.

3. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Exhibit A
Project List
Agency Name County Project Title Project Description Project Location Pre-Construction Completion
Construction
Completion
Useful Life Minimum
(yr)
Useful Life
Maximum (yr)
Clark Street (From Tulare to Lake St)
Clark Street (From Austin Ave to D St)
Ashlan Way (From Rogers St to Lake St)
Vineyard Ave (From Sunrise Ave to Cross St)
6th St (From K St to Gateway Dr)
7th St (From L St to J St)
8th St (From K St to Freeway 99)
9th St (From K St to I St)
Alderwood Court (From Schnoor to Alderwood Ct)
Austin Street (From Lincoln Ave to Cleveland Ave)
Bend Street (From Tulare to End of Bend St)
Clinton Street (From Lake St to Lilly St)
Grapewood Court (From Aspen Ln to End of Grapewood Ct)
Harding Street (From Davis St to End of Harding St)
Harding Street (From Owens St to Sharon Ave)
K St (From Olive Ave to Yosemite Ave)
Lake Street (Sunrise Ave to Clinton St)
Lincoln Ave (From Sharon Ave to Sierra St)
Maple Street (From Pine St to Grove St)
Noble Street (From Gill Ave to Maple Street)
Rush Street (From D St to Dellavalle Ave)
Tulare Street (From Wessmith to Kennedy St)
Wilson Street (From Sharon Ave to Owens St)
Wrenwood Way (From Tulare St to Fountain Way)
Wessmith Way (From Tulare St to Barcelona Way)
Fountain Way (From Wessmith Way to Sherwood Way)
Lake Street (From Cleveland Ave to Central Ave)
Lake Street (From Central Ave to Yosemite Ave)

EXHIBIT A
2022/23 RMRA List of Projects
City of Madera Madera RMRA Seals/Overlays 2022-23
Preliminary engineering and
preparation of plans
specifications and estimates.

Scope of contract work
includes varying pavement
repair, restoration and
rehabilitation strategies,
ADA access ramp upgrades
as needed, striping and
pavement markings, spot
curb and gutter replacement
for improved drainage
March 2023 October 2023 5 to 20 5 to 20
ATTACHMENT 2
Project Location Map
Ave 17
Ave 13
Ave 16
Tozer St
N D St
Ellis St
Ave 15 1/2
Sunset Ave
S C St
N Gateway Dr
S D St
N Lake St
S B St
S E St
Adell St
Clinton St
Rd 25
N I St
S A St
Riverview Dr
N Granada Dr
Rd 27
Howard Rd
Sharon Blvd
E 6th St
Lilly St
Austin St
Union Pacific RR
S I St
N Schnoor Ave
Rd 26 1/2
W 6th St
Monterey St
Sonora St
Almond Ave
E Gary Ln
S G St S Madera Ave
N G St
E Yosemite Ave
E 5th St
N H St
Schmidt Crk
Rd 28 1/4
Willis Ave
S H St
E Cleveland Ave
Ave 14
Owens St
E Olive Ave
N E St
Golden State BlvdCondor Rd
Williams Ave
Fig St
Clark St
Tulare St
S K St
S Gateway Dr
E Lincoln Ave
S Pine St
Sunrise Ave
Maple St
S L St
N N St
N Westberry Blvd
Elm St
S J St
Road 24
W 3rd St
Airport Dr
Chapin St
E Rush St
E 4th St
W Olive Ave
W Yosemite Ave Sierra St
N B St
N O St
E Kennedy St
Falcon Dr
Mainberry Dr
E Almond Ave
Riverside Dr
W Park Dr
Prrd
Rotan Ave
Cross St
W 4th St
Knox St
Vineyard Ave
Storey Rd
Davis St
Krest St
Hull Ave
N Pine St
Knox Rd
Gary Ln
Sharon Ave
Fresno St
Hospital Ditch
N L St
Fairview Ave
N Schnoor St N Park Dr
S N St Columbia St
Rogers St
East Loop
E 12th St
Lacreta Ave
S Granada Dr
N M St
Aviation Dr
Commerce Dr
Pear St
Valencia Ave
Condor Dr
Nebraska Ave
W Almond Ave
Merced St
Westberry Blvd
University Ave
Seneca Dr
E 13th St
Glade Ave
Raymond Rd
State Hwy 145
Caitlin Dr
Raymond Thomas St
Oso Dr
W Industrial Ave
Monocott Dr
Kiwi St
Oak St
Noble St
Jefferson Ave
Foxglove Way
Berry Dr
W Lewis St
Doubletree Way
Stadium Rd
Aspen Ln
Grant Ave
Knox Ave
Stephanie Ln
Walnut St
Rd 24 1/2
Sundance Ln
Driftwood Dr
N P St
Wallace Ave
Mission St
la Jolla Way
Steven Ln
Madison Dr
N Q St
Roberts Ave
Malone St
Ave 13 1/2
Plumas St
Noreen Way
Macadamia Ave
Solano St
Garfield Ave
Daulton Ave
High St
Munras Ave
Merlot Ave
Segovia Way
Toschi Dr
Jennings St
Shannon Ave
Dunham Ave
River Pointe
Asilomar Dr
Joya Dr
Joy St Foster Ave
Hazelnut Ln
St Montelena Dr
S Berry Dr
Ren Way
Ficklin Dr
Via Cerioni
Sultana Dr
Modoc St
Fairview St
Cypress St
James Way
State St
Lyon St
Indigd Dr.

Santa Lucia Dr
Petite Ave
S Lake St
W 5th St
Sassafras Dr
E 9th St
Valley Way
Lillian St
Monarch Rd
Kent Dr
Percy St
Avalon Ave
Morris Ln
Manzana Ct
Saunders Rd
E Central Ave Lucia Way
Cherry St
Terra Firma Rd
Penny Way
Coolidge St
Fifth St
el Dorado Dr
Susan Ln
E 7th St
Accornero St
Santa Clara St
Terrace Pl
Forest Ln
Park Dr
Arbella Ln
Ave 17
Maple St
Austin St
Riverview Dr
Golden State Blvd
Oak St
W Olive Ave
S Pine St
Ave 13
Merced St
Clark St
E 4th St
Fig St
Kent Dr
Prrd
W 4th St
Lilly St
Clark St
Golden State Blvd
Falcon Dr
C I T Y O F M A D E R A 2 0 2 2 / 2 3 R M R A L I S T O F S T R E E T S

CITY OF MADERA
\

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of the 2022-2025 City of Madera Title VI Program Update Regarding policies and procedures to assure nondiscrimination in public transit services RECOMMENDATION:

Staff recommends approval of a resolution adopting the 2022-2025 City of Madera Title VI Program Update
SUMMARY:

The City of Madera (City) is a recipient of Federal Transit Administration (FTA) and is, therefore required to ensure that its transit services comply with Title VI regulations and must submit an updated Title VI Program every three years. Staff proposes approval of the updated required Title VI Program for implementation by the City that describes policies and procedures that assure nondiscrimination when offering transit services to the public.

DISCUSSION:

The City of Madera has prepared its 2022-2025 Title VI Program Update in compliance with U.S.

Department of Transportation Title VI regulations, 49 Code of Federal Regulations (CFR) part 21.

Title VI is a federal statute and provides that “no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance”.

The Title VI Program Update as presented by staff fully address all the identified FTA requirements.

Council Meeting of: June 15, 2022
Agenda Number: _____ B-7
FINANCIAL IMPACT:

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

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The updated Title VI Program supports the Vision Madera 2025 Plan as follows:
▪ Strategy 121: Multi-modal transportation: Develop a city-wide multi-modal transportation plan to ensure safe, affordable, and convenient transportation modes for residents and businesses within Madera.

ALTERNATIVES:

As an alternative, Council may choose to not approve the resolution and Title VI Program Plan Update. As a result, City of Madera Transit services would be out of compliance with the FTA and unable to ensure transit services prohibit discrimination based on race, color, or national origin.

In addition, Federal funding will be withheld, and staff would need to seek other revenue sources including General Fund to offset the cost to continue to provide public transit services.

ATTACHMENTS:

1. Resolution with Exhibit A, City of Madera 2022-2025 Title VI Program Update RESOLUTION NO. 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA ADOPTING THE 2022-2025 CITY OF MADERA TITLE VI

PROGRAM UPDATE
WHEREAS, the City of Madera operates the Madera Metro Fixed Route and Dial-A-Ride Transit System; and
WHEREAS, the City of Madera obtains financial assistance form the Federal Transit Administration (FTA) and must comply with applicable federal regulations include Title VI, Civil Rights Program, 49 CFR, and FTA Circular 4702.1B; and
WHEREAS, the purpose of the Title VI Program is to prohibit discrimination based on race, color, or national origin in programs and activities; and WHEREAS, the City of Madera must update its Title VI Program every three years.

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 Council hereby adopts the 2022-2025 City of Madera Title VI Program Update attached as Exhibit A to this resolution and incorporated by reference.

3. This resolution is effective immediately upon adoption. * * *
CITY OF MADERA 2022 - 2025
Title VI Program
2022 City of Madera Title VI Program
Madera Metro Transit
June 2022
PAGEii
Madera Metro operates fixed route, ADA Paratransit and Dial-a-Ride bus service throughout the city of Madera.

This document has been prepared by City staff and It has been adopted by the City of Madera City Council to comply with Title VI of the Civil Rights Act of 1964, including recent provisions detailed in U.S. Department of Transportation’s FTA Circular 4702.1B, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients.”
MADERA

THE WAY TO GO
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGEiii

TABLE OF CONTENTS
INTRODUCTION 5
SECTION 1 | REQUIREMENT TO NOTIFY BENEFICIARIES OF PROTECTION UNDER TITLE VI. 6
SECTION 2 | REQUIREMENT TO POST NOTICE OF TITLE VI 7
Title VI Notice to the Public - English 8
Title VI Notice to the Public - Spanish 9
SECTION 3 | REQUIREMENT TO DEVELOP TITLE VI COMPLIANT PROCEDURES AND COMPLAINT FORM 10
City of Madera Title VI Complaint Procedures 10
Complaints may be filed with the City in writing and may be addressed to: 10 The Title VI Complaint Form is available for download at the following web sites: English: 10 Spanish (Español): 10
Title VI Complaint Form - English 12
Title VI Complaint Form - Spanish 14
SECTION 4 | REQUIREMENT TO RECORD AND REPORT-RELATED TITLE VI INVESTIGATIONS, COMPLAINTS, AND LAWSUITS 16
SECTION 5 | PROMOTING INCLUSIVE PUBLIC PARTICIPATION AND LANGUAGE ASSISTANCE PLAN 16
City of Madera – Madera Metro Public Participation Plan 17 SECTION 6 | REQUIREMENT TO PROVIDE MEANINGFUL ACCESS TO LIMITED ENGLISH PROFICIENT PERSONS 20
City of Madera Title VI Limited English Proficiency (LEP) Plan 21 Meaningful Access: Four-Factor Analysis 22
Outreach Techniques 27
Assurances 28
Monitoring and Updating the LEP Plan 28
SECTION 7 | MONITORING REPRESENTATION ON PLANNING AND ADVISORY BODIES 29
SECTION 8 | REQUIREMENT TO DEVELOP SYSTEM-WIDE STANDARDS AND POLICIES 29
SECTION 9 | EXHIBITS 34
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE5
Reference: FTA Circular 4702.1B Title VI Requirements and Guidelines for Federal Transit Administration (FTA) Recipients (October 1, 2012).

Introduction
The purpose of this Title VI Program is to establish guidelines to effectively monitor and ensure that the City of Madera’s transit services, Madera Metro and Dial-A-Ride are in compliance with FTA Title VI requirements.

Title VI of the Civil Rights Act of 1964 (Title VI) states that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The FTA is required to ensure that federally supported transit services and related benefits are provided consistent with Title VI. The Title VI Report requires some update every three years.

The City of Madera will ensure that its programs, policies, and activities comply with Department of Transportation’s (DOT) Title VI Regulations (49 CFR Part 21) and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005). The City is committed to creating and maintaining a public transportation system that is free of all forms of discrimination. The City will take necessary preventive corrective and disciplinary actions to stem behavior that violates this policy or the rights and privileges it is designed to protect. FTA requires recipients to documents compliance with DOT Title VI regulations by submitting a Title VI Program to their FTA regional civil rights officer once every three years. Implementation of the Title VI Program is managed by the City’s Transit Program Manager, who serves as the Title VI Compliance Coordinator and the City’s Grants Administrator.

CITY OF MADERA – MADERA METRO TITLEVI POLICY STATEMENT
The City of Madera is committed to ensuring that no person is excluded from participation in or denied the benefits of its services based on race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended. The City’s objectives are to:
• Ensure that the level and quality of transportation service is provided without regard to race, color or national origin.
• Identify and address, as appropriate, disproportionately high and adverse human health and environmental effects, including social and economic effects of programs and activities on minority populations and low-income populations.
• Promote the full and fair participation of all affected populations in transportation decision making.
• Prevent the denial, reduction or delay in benefits related to programs and activities that benefit minority populations or low-income populations. • Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE6

TITLE VI REQUIREMENTS
Section 1 | Requirement to Notify Beneficiaries of Protection under Title VI.

To comply with 49 CFR, Section 21.9(d), the City shall provide information to the public regarding the City’s obligations under DOT’s Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.

TITLE VI NOTICE TO THE PUBLIC
The City of Madera informs members of the public of their Title VI protection rights by several means, including posting of a Title VI Notice to the Public and providing bilingual complaint procedures, as shown in Exhibits A and B. The City also provides a bilingual complaint form and posts a Title VI bilingual notice for public viewing as shown in Exhibit C, and post a Title VI bilingual notice for public viewing at multiple City owned facilities as shown in Exhibit I.

ADERA
METRO

THE Y TO CO
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE7
Section 2 | Requirement to Post Notice of Title VI
The City is required to post a public notice of the protections against discrimination afforded by Title VI.

CITY OF MADERA LOCATIONS WHERE TITLEVI NOTICE IS POSTED The following is a list of locations where transit-related bilingual Title VI Public Notices are posted:

Location Address
Madera Metro Transit buses
Madera Transit Center 1951 Independence Drive
Madera Intermodal Center 123 North E Street
City of Madera Website www.madera.gov
I Helpful Transit lnforma on • Cit X +
f, ➔ C i https://www.madera.gov/home/departments/transit/helpful-transit-mformation/#tr-city-of-madera-tltle-vi-policy-statement-245606 Service Alerts ► Additional Information
tr~
Helpful Transit
Information
2017 Fare Analysis Report
City of Madera Title VI Policy Statement
City of Madera Title VI Policy Statement
The City of Madera is committed to ensuring that no person is excluded from partklpation ln or denied the benefits of its services on the basis of race, color, or national origin. as J)(ovided by Title VI of the CMI R~htsAct of 1964, as amended. The Oty'sobjectives are to:
o Ensure that the level and qua!ityof transportation service is J)(ovided without regard torace,color,ornationalorigin.
o Identify and address. as appropriate. disproportionately high and adverse human health and enviroomental effects. including social and economic effects of programs and activities on minority populations and low-income populations. o Promote the full and fair participation of an affected populations in transportation decision making.
o Prevent the denial. reduction or delay in benefits related to l)(ograms and activities that benefit minority populations or low-income populatioos. o Ensure meaningful access to programs and activities by persons with limited English proficiency (LEP).

Q1Y. of Madera Transit TITLE VI Pro~r.a.m
Title VI Transit Complaint Process
The City of Madera is committed to a policy of non-discrimination in the conduct of its business, iocluding its Title VI responsibilities, and to the delivery of equitable and accessible transportation services. Atrt person who believes that he or she has been subjected to discrimination uoder Title VI on the basis of race. color or national origin may fl le a Title VI complaint with the City within 60 calendar days from the date of the alleged discrimination.

You may download a copy of the Title VI Complaint Form in the following languages:
~~aint fonn · Eng!jjh
~~
Acorr1 of the Title VI Complaint Form may also be obtained by calling 559-661 ·3693. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in [nglis~
D
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE8

CITY OF MADERA
Madera Metro and Dial-A-Ride
TitleVI Notice& Complaint Process
The City of Madera is committed to ensuring that no person is excluded from participation in or denied the benefits of its services based on race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964. Any person who believes that he or she has been subjected to discrimination under Title VI based on race, color or national origin may file a Title VI complaint with the City within 60 calendar days from the date of the alleged discrimination.

Complaints may be filed with the City in writing and may be addressed to:

Transit Program Coordinator (Compliance Coordinator) – Grants Department City of Madera
205 West Fourth Street
Madera, CA 93637
A copy of the Title VI Complaint Form (in English or Spanish) and additional information may be obtained from the City’s web site at “www.madera.gov” (under “City Service - Transit – Additional Information – City of Madera Title VI Policy Statement) or by calling 559-661-3693. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English.

Title VI Notice to the Public - English
;,"l
MADERA
~
METRO
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE9

CIUDAD DE MADERA
Madera Metro y Dial-A-Ride
TítuloVI Noticiay Proceso deQuejas
La Ciudadde Madera, se compromete a garantizar que ningunapersona seaexcluidade participar o denegar los beneficios de servicios basado por raza, color, linaje u origen nacional, según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964. Cualquier persona que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza, color u origen nacional puede presentar una queja del Título VI con la Ciudad dentro de 60 días del calendario a partir de la fecha de la supuesta discriminación.

Las quejas pueden serpresentadas en la Ciudad por escrito y pueden serdirigidas a:

Coordinador del Programade Tránsito (Coordinadora de cumplimiento)- Departamento de Subvenciones
Ciudad de Madera
205 West Fourth Street
Madera, CA 93637
Una copia del Título VI Formulario de Queja (en Inglés o Español) y la información adicional se puede obtenerdesde elsitiowebde la Ciudad en “www.madera.gov” (en“Servicio de laciudad - Tránsito - Información adicional - Declaración de política del Título VI de la ciudad de Madera”) o llamando al 559-661-3693. La Ciudad proveerá asistencia apropiada para los denunciantes que sean limitados en su capacidad de comunicarse en inglés.

Title VI Notice to the Public - Spanish
;,"7
MADERA
~
METRO
2022 City of Madera Title VI Program
MantecaTransit
May 2021
PAGE10
Section 3 | Requirement to Develop Title VI Compliant
Procedures and Complaint Form
The City is required to develop procedures for investigating and tracking Title VI complaints filed against the City and to make these procedures for filing a complaint available to the general public.

City of Madera Title VI Complaint Procedures
Submission of Complaint: If a customer believes he/she has received discriminatory treatment by the City of Madera transit system based on race, color or national origin, the customer will have the right to file a complaint with the Transit Title VI Compliance Coordinator.

The complaint must be filed no later than sixty (60) calendar days of the alleged discriminatory incident and be signed by the complainant(s). Written complaints shall include:
• Date of the alleged discrimination
• Date when the complainant(s) became aware of the alleged act of discrimination. • Date that conduct was discontinued or the latest instance of conduct. • Detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint.

Complaints may be filed with the City in writing and may be addressed to:

Transit Program Manager (Compliance Coordinator) – Grants Department City of Madera
205 West Fourth Street
Madera, CA 93637
The Title VI Complaint Form is available for download at the following web sites:

English:
https://www.madera.gov/wp-content/uploads/2022/06/Title-VI-Complaint-Form-English-4.pdf Spanish (Español):
https://www.madera.gov/wp-content/uploads/2022/06/TitleVI-Complaint-Form-Spanish-3.pdf 2022 City of Madera Title VI Program
Manteca Metro
June 2022
PAGE11
A copy of the Title VI Complaint Form may also be obtained by calling 559-661-3693. The City will provide appropriate assistance to complainants who are limited in their ability to communicate in English.

Investigation of Complaints
Upon receipt of the complaint, the Compliance Coordinator will begin an investigation to determine if the City of Madera has jurisdiction. As appropriate, the complaint will be investigated and a determination made. Formal investigation will be confidential and will include, but is not limited to, details of the specific incident, frequency and dates of occurrences and names of any witnesses.

Claimant will be notified in writing of the resolution.

The complainant has ten business days from the date of the letter to send requested information to the Compliance Coordinator. If the Coordinator is not contacted by the complainant or does not receive the additional information within ten business days, the City of Madera can administratively close the case.

Upon completion of the review, the Grants Administrator (Compliance Coordinator direct report) shall make a recommendation regarding the merit of the complaint, whether remedial actions are available to provide redress, and whether improvements to the City Title VI process are needed.

A case can be administratively closed if the complainant no longer wishes to pursue their case.

Following the investigation, the Title VI Compliance Coordinator will issue one of the two letter to the complainant: (1) a closure letter, or (2) a letter of finding. A closure letter summarizes the allegations and states the there was not a Title VI violation and that the case will be closed. A letter of finding summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member or other action will occur.

Appeal Process
If the complainant is not satisfied with the resolution, he or she may appeal it to:

Human Resources Director
City of Madera – Human Resource
Department 205 West 4th Street
Madera, CA 93638
Submission of Complaint to the Department of Transportation The complainant may also file a complaint directly to:

Civil Rights Officer – Region IX
US Department of Transportation
Federal Transit Administration,
TRO-9 90 Seventh Street, Suite 15-
300
San Francisco, CA 94103-6701
In accordance with Chapter 9, Complaints, of FTA Circular 4702.1B, such a complaint must be filed within 180 calendar days after the date of the alleged discrimination. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE12
Title VI Complaint Form - English
City of Madera Transit System
Civil Right Complaint
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
The following information is necessary to assist us in processing your complaint. Should you require any assistance in completing this form, please contact the Transit Program Manger at 559.661.3693. Complete and return this form to:

Transit Program Manager – Compliance Coordinator
205 W. 4th Street
Madera, Ca. 93638

1. Complainant’s Name: __________________________________________________

2. Address: ____________________________________________________________

3. City: ______________________ State: _________________ Zip Code: __________

4. Telephone (home): ___________________ (business): _______________________

5. Person discriminated against (if someone other than the complainant):

Name: ________________________________________________________________ Address: ______________________________________________________________ City: ____________________________ State: ________________ Zip Code: _______

6. Which of the following best describes the reason you believe the discrimination took place? Was it because of your:
a. Race/Color o b. National Origin o c. Age o d. Gender o e. Income o
MADERA ~
METR,O
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE13

7. What date did the alleged discrimination take place? ______________________________________________________________________

8. In your own words, describe the alleged discrimination. Explain what happened and who you believe was responsible.
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

9. Have you filed this compliant with any other federal, state, or local agency, or with any federal or state court? Yes o No o
If yes, check each box that applies:

Federal agency o Federal court o State agency o State court o Local agency o

10. Please provide information about a contact person at the agency/court where the complaint was filed.

Name: __________________________________________________________________ Address:_______________________________________________________________ City: ___________________________State: _____________Zip Code: ____________ Telephone Number: ______________________

11. Please sign below. You may attach any written materials or other information that you think is relevant to your complaint.
___________________________________________ __________________________ Complainant’s Signature Date
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE14
Title VI Complaint Form - Spanish
Sistema de Tránsito de la Ciudad de Madera
Denuncia de derechos civiles
El Título VI de la Ley de Derechos Civiles de 1964 exige que: "Ninguna persona en los Estados Unidos, por motivos de raza, color u origen nacional, será excluida de la participación, se le negarán los beneficios o será objeto de discriminación bajo cualquier programa o actividad que reciba asistencia financiera federal."
La siguiente información es necesaria para ayudarnos a procesar su queja. Si necesita ayuda para completar este formulario, comuníquese con el Administrador del Programa de Tránsito al 559.661.3693. Complete y envíe este formulario a:

Gerente del Programa de Tránsito - Coordinador de Cumplimiento 205 W. 4th Street
Madera, Ca. 93638

1. Nombre del demandante: ______________________________________________________________

2. Dirección: ___________________________________________________________________________

3. City: ____________________ State: ___________________________ Zip Code: __________________

4. Teléfono (domicilio): ___________________ (empresa): ______________________

5. Persona discriminada (si alguien distinto del denunciante):

Nombre: ______________________________________________________________________________ Dirección: _____________________________________________________________________________ City: __________________________ State: _______________________ Zip Code: __________________ MADERA
~
METRO ..
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE15

6. ¿Cuál de las siguientes opciones describe mejor la razón por la que cree que se produjo la discriminación? ¿Fue por tu culpa:
a. Raza/Color o b. Origen nacional o c. Edad o d. Gender o e. Ingresos o

7. ¿En qué fecha se produjo la presunta discriminación? ______________________________________________________________________________________

1. En sus propias palabras, describa la supuesta discriminación. Explica lo que pasó y quién crees que fue el responsable.
__________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

9. ¿Ha presentado este documento conforme con cualquier otra agencia federal, estatal o local, o con cualquier tribunal federal o estatal? Sí o No o
En caso afirmativo, marque cada casilla que corresponda:

Agencia federal o Tribunal federal o Agencia estatal o Tribunal estatal o Agencia local o

10. Sírvanse proporcionar información sobre una persona de contacto en el organismo/tribunal en el que se presentó la denuncia.

Nombre: ______________________________________________________________ Dirección:______________________________________________________________ City: ___________________________State: _____________Zip Code: ____________ Número de teléfono: ______________________

11. Por favor, firme abajo. Puede adjuntar cualquier material escrito u otra información que considere relevante para su queja.
___________________________________________ __________________________ Complainant’s Signature Fechar
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE16
Section 4 | Requirement to Record and Report-Related Title VI Investigations, Complaints, and Lawsuits
The City is required to prepare and maintain a list of investigations, complaints, or lawsuits that pertain to allegations of discrimination based on race, color, and/or national origin in transit-related activities and programs and that pertain to the entity submitting the report, not necessarily the larger agency or department of which the entity is a part.

The City of Madera has not been involved in any transit-related Title VI investigations, complaints or lawsuits. The City of Madera Title VI Transit Compliance Coordinator will maintain a list of Title VI investigations, complaints, and lawsuits including a comprehensive summary and description of actions taken by the City, as required by the Title VI regulations The list shall include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegations(s); the status of the investigation; lawsuit, or complaint; and actions taken by the City in response, or final findings related to the investigation, lawsuit, or complaint. The list shall be included in the City’s Title VI submittal to FTA every three years.

Section 5 | Promoting Inclusive Public Participation and Language Assistance Plan
The City is required to develop a public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. The City also must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP).

The City’s Public Participation Plan is reflected in the “City of Madera Transit Services title VI Limited English Proficiency (LEP) Plan” under “Outreach Techniques.” The City’s public participation activities, public meetings, and participation in community activities are described in the LEP Plan.

City transit staff also participates in the development and updates to the Madera County Transportation Commission (MCTC) “Public Participation Plan” and coordinates and integrates its outreach efforts with the MCTC as needed.

The City’s Language Assistance Plan is reflected in the City’s LEP Plan and includes language assistance measures. The City’s approach includes several options available to LEP persons, including both oral and written language services. Specific details are included in the City’s LEP Plan in Exhibit F.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE17
City of Madera – Madera Metro Public Participation Plan Public Outreach Activities
The City of Madera web site posts Madera Metro and Dial-A-Ride schedules, notices, and surveys. The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s Downtown Intermodal Transit Center during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s bus system.

The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings, including schedules and appropriate fliers. Schedules also are made available at a variety of locations throughout the community and on the Madera Metro and Dial-A-Ride systems.

Public Meetings
The City conducts quarterly Transit Advisory Board (TAB) meetings that are open to the general public.

The seven-member TAB is composed of diverse public citizens of the community and takes to public testimony prior to initiation of each meeting.

The City also collaborates with the Madera County Transportation Commission (MCTC), the Metropolitan Planning Organization (MPO), in its Unmet Transit Needs process. The Unmet Transit Needs hearings are accessible to the general public, offer bilingual translation, and are consistent with MCTC’s comprehensive Public Participation Plan and process that ensures meaningful access to LEP throughout the Madera County region. The MCTC public hearing is accessible by Madera Metro Fixed-Route services or on Dial-A-Ride at no cost to passengers.

City transit staff also participates in the development of the MCTC “Public Participation Plan.” A series of meetings are conducted with participants from throughout the community. Recommendations to maximize community involvement are reflected in this plan and adopted by the MCTC Board. The City considers and uses the MCTC Public Participation Plan as a blueprint for City to engage the public.

General Awareness Surveys
The City of Madera transit system conducts bilingual (English and Spanish) on-board rider and general awareness surveys. These personal one-on-one surveys allow riders to convey any concerns or comments they may have regarding Madera Metro Transit services.

Telephone Access
Transit staff is available to answer questions in Spanish during normal operational hours (Monday – 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE18
Friday: 7am – 6:30pm; Saturday: 7am – 4pm). Madera Metro transit system is accessible by phone at 559-661-RIDE (7433).

EMAIL
Customers may share their questions and concern through email be submitting to:
▪ [email protected]
▪ [email protected] (Transit Program Manager)
Participation in Community Activities
The City engages in community activities that promote its transit services. These activities include transportation public workshops and outreach presentations where a broad cross-section of community can access information on the City transit system.

Outreach to LEP populations may also include audio programming available on podcasts.

It is anticipated that these strategies will be outlined in the City’s Marketing and Outreach Plan slated to be finalized on or before June 2023*.

Due to the Covid-19 Pandemic, the City of Madera Transit system marketing campaign was greatly delayed.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE19
Summary of Outreach Efforts - Documented Public Outreach (FY 2020 to present)* The direct public outreach and involvement activities conducted by City of Madera, Transit Division since the approval of the 2019-2022 Plan are summarized in the table below. Efforts include meetings, surveys, focus groups, etc. Information pertinent to each event will be provided upon request. Examples include copies of: announcements, agendas/minutes, posters, attendee list, etc.

Event
Date
Section 5307
Grantee Staff
Event Date Publicized and
Communication Method
Outreach
Method
12-27-20 Program Manager;
Grants Specialists
Transit Advisory Board
Special Meeting
Public Notice, Website,
Email List
Meeting
1-27-21 Program Manager
Transit Advisory
Board Special Meeting
Public Notice, Website,
Email List
Meeting
4-27-21 Program Manager
Transit Advisory
Board Special Meeting
Public Notice, Website,
Email List
Meeting
7-27-21 Program Manager
Transit Advisory
Board Special Meeting
Public Notice, Website,
Email List
Meeting
9-16-21 Program Manager Madera Fair Flyers, Social Media, Website
Public
Outreach
10-20-21
Program Manager,
Hired Consultant Virtual Community
Forum
Public Notice, Website,
Email List, Social Media
Community
Input
10-27-21 Program Manager
Transit Advisory
Board Special Meeting
Public Notice, Website,
Email List
Meeting
1-27-22 Program Manager
Transit Advisory
Board Special Meeting
Public Notice, Website,
Email List
Meeting
4-27-22 Program Manager
Transit Advisory
Board Special Meeting
Public Notice, Website,
Email List
Meeting
*Multiple outreach efforts were also completed through the City Transit System Facebook Page “Madera Metro” https://www.facebook.com/maderametro
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE20
Section 6 | Requirement to Provide Meaningful Access to Limited English Proficient Persons
The City must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP) Title VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for individuals who are LEP.

The City of Madera web site (https://www.madera.gov/home/departments/transit/) posts Madera Metro and Dial-A-Ride schedules, notices, and surveys. The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers/dispatch (via terms in the City’s third-party transit operator contract) at the City’s Transit Center during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s bus system.

The City conducts quarterly Transit Advisory Board (TAB) meetings that are open to the general public.

The seven-member TAB is composed of diverse public citizens of the community and takes public testimony prior to initiation of each meeting. The City also collaborates with the Madera County Transportation Commission (MCTC), the Metropolitan Planning Organization (MPO), in its Unmet Transit Needs process. The Unmet Transit Needs hearings are accessible to the general public, offer bilingual translation, and are consistent with MCTC’s comprehensive Public Participation Plan that ensures meaningful access to LEP throughout the Madera County region. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE21
City of Madera Title VI Limited English Proficiency (LEP) Plan City of Madera Transit Services
Limited English Proficiency (LEP) Plan
Introduction
This Limited English Proficiency (LEP) Plan has been prepared to address the City of Madera Grants and Transit Division’s responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1B dated October 1, 2012, which states that no person shall be subjected to discrimination based on race, color, or national origin.

Executive Order 13166, titled “Improving Access to Services for Persons with Limited English Proficiency” (65 FR 50121, Aug. 11, 2000), indicated that differing treatment based upon a person’s inability to speak, read, write, or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all State and local agencies which receive federal funds.

Background
The City of Madera Grants Department and Transit Division administers the Madera Metro and Dial-ARide transit services that are operated by a contract service provider. The current transit service provider is MV Public Transportation, Inc.

The Madera City Council is the policymaking body for the system. A seven-member Transit Advisory Board (TAB) composed of residents appointed by the City Council, acts as a study and steering committee.

The City of Madera transit services (Madera Metro) consist of a Fixed Route and a Dial-a-Ride service (DAR). The City of Madera Grants Department and Transit Division has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by Madera Metro and Dial-A-Ride. As defined by Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.

This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE22
Exhibit E: City of Madera Title VI Limited English Proficiency (LEP) Plan To prepare this plan, City of Madera staff undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors:

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City of Madera transit programs, activities, or services.

2. The frequency with which LEP persons encounter City of Madera transit services programs, activities, or services.

3. The nature and importance of programs, activities, or services provided by the City of Madera transit services to the LEP population.

4. Resources available to the City of Madera Grants Department and Transit Division and overall cost to provide LEP assistance.

A summary of the results of the City of Madera transit services’ four-factor analysis is in the following section.

Meaningful Access: Four-Factor Analysis

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter City of Madera transit programs, activities, or services.

As the City of Madera population is below the 100,000-population threshold for full inclusion in the most recent American Community Survey (ACS), analysis is based on the 2020 US Census. City of Madera transit services staff reviewed the 2020 U.S. Census and determined that, out of a population of City of Madera 66,224 residents, 36,624 (55.3%) of City of Madera residents speak a language other than English. In the City of Madera 17,598 residents (26.5%) have limited English proficiency; that is, they speak English “not well” or “not at all”. In the City of Madera, of those persons with limited English proficiency, the majority speak Spanish (10,761 / 16.2% Spanish Speaking Only Residents). The City’s most current demographic analysis shows that the number or proportion of LEP served or encountered in the eligible service area is as follows:

Census Tracts
Description 5.10 5.11 5.12 5.15 6.02 6.03 6.04
Total
Population 6,128 6,557 4,693 3705 4,067 6,293 5,139
Hispanic/
Latino 4,779 5,311 2,815 2,593 3,782 5,349 4,470
Percentage 78% 81% 60% 70% 93% 85% 87%
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE23
Description 7.02 7.01 8.01 8.02 9.01 9.02 9.03
Total
Population 6,611 5,433 2,625 4,167 3,884 3,977 3,620
Hispanic/
Latino 4,098 3,748 2,126 3,708 2,835 2,823 3,294
Percentage 62% 69% 81% 89% 73% 71% 91%
Lastly, through staff contact, and feedback from the transit operator, it has been noted that not only is Spanish the primary language identified, but varying dialects of Spanish from different countries is also being
experienced.

Reference
o https://censusreporter.org/profiles/14000US06039000201-census-tract-201-maderaca/ - Census Tract Data o https://data.census.gov/cedsci/table?q=Madera%20city,%20California&tid=ACSST5Y2 020.S1601 – LEP Results

2. The frequency with which LEP persons come in contact with City of Madera transit services programs, activities, or services.

All transit services are provided in one or more of the above-referenced census tracts. A high percentage of Hispanic/Latino individuals therefore come into contact with the program. On-board ridership surveys conducted by the City reflect that 75 percent of riders utilize MAX or Dial-A-Ride services three to five days per week; 16 percent six to seven days per week; and 8 percent one to less than one day per week.

3. The nature and importance of programs, activities, or services provided by City of Madera transit services to the LEP population.

The main purposes indicated for trips were 61 percent for medical/dental; 50 percent for shopping; 42 percent for school; 20 percent for work; and 17 percent for other purposes including religious services and social outings.

4. The resources available to City of Madera Transit Division and overall cost to provide LEP assistance.

City of Madera transit staff has access to a variety of resources and collaborates with multiple organizations that help with outreach and providing LEP assistance at low or no cost. Communitybased resources include:
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE24
• City of Madera Transit Advisory Board
• City of Madera Senior Centers
• City of Madera Intermodal Center
• City of Madera Transit Center
• Madera County Transportation Commission (MCTC) Social Services Transportation Advisory Committee (SSTAC)
• MCTC Board Unmet Transit Needs Process
• MCTC Public Participation Plan Committee
• Madera County Social Services Department
• Community Action Partnership of Madera County
• Camarena Health Center
• Grant-funded Consultant Services
• Translation Services
The above community resources will continue to be used on a regular basis to assist in identifying needs of the City’s LEP population. They will also serve to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.

Based on the four-factor analysis, the City of Madera will develop its LEP Plan as outlined in the following section.

Identification of LEP Population
The Transit Division has developed several possible ways to assist in identifying LEP populations withi n the City, including:

1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.

2. Have a staff person greet participants as they arrive to City of Madera transit-sponsored events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.

3. Survey vehicle operators and other front-line staff, like dispatchers, dial-a-ride schedulers, and service development planners on their experience concerning any contacts with LEP persons.

Network with local human services organizations (such as Social Services and Public Health) to assist in identifying LEP groups and individuals most in need of LEP assistance and to further facilitate dissemination of information about Madera’s transit.

Language Assistance Measures
There are plans for several language assistance options available to LEP persons, including both oral 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE25
and written language services. There are also various ways in which City of Madera transit staff can respond to LEP persons, whether in person, by telephone, or in writing. a. Provide a bilingual City employee at community events, public hearings, and Transit Advisory Board (TAB) meetings.
b. Placement of statements in notices and publications that interpreter services are available for these meetings.
c. Annually survey bus drivers and other front-line staff, like dispatchers, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons during the previous year.
d. Post the City of Madera Transit Services Title VI Policy and LEP plan on the City of Madera website, https://www.madera.gov/home/departments/transit/ e. Require all transit operator contracts to include the following clause:
“Personnel: CONTRACTOR shall employ and supervise all personnel, including drivers, dispatchers, managers, customer service representative and other personnel needed to operate and maintain the service provided by CONTRACTOR under this Agreement. Dispatchers and customer service representatives shall have some bilingual skills (communicate in Spanish and English, i.e., ability to understand simple directions, addresses and times). Consideration should be given to bilingual drivers who understand simple directions in English/Spanish. Qualified supervisory personnel shall be available during all hours of operation.” f. When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers.

LEP Safe Harbor
The Safe Harbor Threshold provision stipulates that for each LEP group that meets the LEP language threshold (5% or 1,000 individuals, whichever is less, of the total population or persons eligible to be served or likely to be affected or encountered) a recipient of FTA funds must provide written translation of vital documents for the non-English users. Further translation of non-vital documents, if needed, can be provided orally. If there are fewer than 50 persons in a language group that reaches the five percent (5%) trigger, the recipient is not required to translate vital written materials but should provide written notice in the primary language of the LEP language group of the right to receive competent oral interpretation of those written materials, free of cost. These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable.

The City of Madera – Madera Metro complies with the Safe Harbor Threshold provisions, as evidenced by the number of documents translated in Spanish. With respect to Title VI information, the following shall be made available in Spanish:
▪ Title VI Public Notices
▪ Title VI Complaint Procedures
▪ Title VI Complaint Form
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE26
In addition, the City of Madera will conduct marketing that incorporates translated materials that reach LEP persons. Vital bilingual or multilingual documents and key event include the following:
▪ Notices of free language assistance for person with LEP ▪ Notice of Non-Discrimination and Reasonable Accommodation ▪ Outreach Materials
▪ System Maps and Bus Schedules
▪ Route Changes
▪ Community Meetings
▪ Public Hearings
▪ Service Change Announcements
▪ Safety and Security Announcements
LEP Staff Training
The City of Madera ensures timely and reasonable language assistance to LEP utilizing several approaches. Customer service staff and other key staff are given instruction on (1) how to respond to an LEP caller request and (2) how to respond to written communication from an LEP person.

Instructions are provided to vehicle operators, supervisors and managers, and others who regularly interact with the public on how to respond to an LEP customer.

Options to Respond to LEP Persons
There are various ways in which the City of Madera transit staff can respond to LEP persons, whether in person, by telephone, or in writing. They include but are not limited to the following:

2. Provide writing translation of vital documents for eligible LEP language group(s) including, but not limited to:
▪ Consent and complaint forms
▪ Intake and application forms
▪ Written notices of rights
▪ Notice of denials, losses, or decreases in benefits or services ▪ Notice or person’s rights under Title VI

3. Provide a bilingual Community Outreach Coordinator at community events and public hearings.

City of Madera has personnel to provide Spanish interpretation.

4. Place statements in notices and publications that interpreter services are available for these meetings.

5. Survey bus drivers and other front-line staff, such as dispathcers, scheduleers, and service development planners on their experience concerning any contacts with LEP persons during the previous year.

6. Post City of Madera Title VI Policy and LEP plan on City of Madera Website, https://www.madera.gov/home/departments/transit/helpful-transit-information/#tr-city-of-maderatitle-vi-policy-statement-245606 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE27

7. Access language assistance services from a professional translation service or qualified community volunteers when an interpreter is needed to ensure information is clearly presented, including public comments.

8. Provide on-going employee training to promote better understanding of the laws that prohibit discrimination on the basis of national origin and to ensure timely and reasonable language assistance to LEP populations. LEP sensitivity training will be conducted with staff (drivers, dispatch, and management) as part of employee training and orientation and refreshers classes to ensure staff work effectively with LEP populations and provide effective language assistance services.

Outreach Techniques
When staff prepares a document or schedules a meeting for which the target audience is expected to include LEP individuals, documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the know LEP population. Interpreters will be available as needed. The City of Madera currently uses a variety of outreach approaches as described below.

1. Public Outreach Activities
The City of Madera website posts transit schedules and rider information. The City website provides material I both English and Spanish. The Cit also provides easy to access to bilingual (English and Spanish) administrative staff and drivers during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s transit system.

The City also reaches out to the community directly through meetings with agency and community staff and their clients as needed. Information regarding the City’s transit services is disseminated at these meetings, including schedules and appropriate fliers. Schedules also are made available at a variety of locations throughout the community and on all City transit buses. Staff utilizes different meeting sizes and formats, utilizes alternative advertising platforms and community interaction.

2. Public Meetings
The City of Madera conducts and participates in meetings that are open to the general public and can be schedule at convenient times and accessible locations. The City collaborates with the Madera County Transportation Commission (MCTC), the Metropolitan Planning Organization (MPO), in its Unmet Transit Needs process. The Unmet Transit Needs hearings are accessible to the general public and are consistent with MCTC’s comprehensive Public Participation Plan and process that ensure meaningful access to LEP throughout the service area. The MCTC public hearing is accessible by public transit services.

The City of Madera transit staff also participants in the development of the MCTC “Public Participation Plan.” A series of meetings are conducted with participants from throughout the community.

Recommendations to maximize community involvement are reflected in this plan and adopted by the MCTC Board.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE28

3. Participation in Community Activities
The City of Madera engages in community activities that promote its transit services. These activities and sites include:
▪ City of Madera Senior Centers
▪ Madera Annual District Fair
▪ Madera’s Annual Pomegranate and Fruit Festival
▪ City of Madera Community Centers
▪ MCTC Annual Unmet Transit Needs Process
▪ Participation in updates to the Public Transit Human Services Transportation Coordination Plan for Madera County
Assurances
The City of Madera transit services will ensure that no person, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, the City will notify the public of protections against discrimination afforded them by Title VI Regulations and will take preventive corrective and disciplinary action necessary to reduce behavior that violate the rights and privileges the regulations are designed to protect.

The City will post information on its web site, Intermodal and Transit Facility as well as all transit buses and ensure that it reflects up to date information consistent with the requirements of 49 CFR Section

21.9(d).

Monitoring and Updating the LEP Plan
Madera will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated when more data from the 2010 U.S. Census is available, or when it is clear that higher concentrations of LEP individuals are present in the City of Madera transit services area. Updates will include the following:
▪ Documentation of LEP personal contacts.
▪ How the needs of LEP persons have been addressed.
▪ Determination of the current LEP population in the service area. ▪ Determination as to whether the need for translation services has changed. ▪ Determine whether local language assistance programs have been effective and sufficient to meet the need.
▪ Determine whether City of Madera transit financial resources are sufficient to fund language assistance resources needed.
▪ Determine whether City of Madera has fully complied with the goals of this LEP Plan. ▪ Determine whether complaints have been received concerning City of Madera transit services’ failure to meet the needs of LEP individuals.

Determination of Site or Location of Facilities
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE29
The City of Madera will not determine the location of projects requiring land acquisition and the displacement of persons from their residences and businesses on the basis of race, color, or national origin per Title 49 CFR, Section 21.9(b)(3). In determining the site or location of facilities, the City of Madera will not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subject them to discrimination.

Facilities include, but are not limited to, storage facilities, maintenance facilities, operation center, etc. A Title VI equity analysis will be undertaken before selection of a preferred site and outreach undertake to persons potentially impacted by the siting of facilities. Compliance with regulations, the City is also determined if other facilities with similar impacts I the area will result in any cumulative adverse impacts.

If a location is determined to have a disparate impact on the basis of race, color, or nation origin, the City of Madera may only locate the project in the selected location with substantial justification and where there are no alternative locations that would have a less disparate impact. Upon consideration and analysis of alternatives, the least discriminatory analysis will be implemented.

Availability of Title VI Plans and Procedures
The City of Madera LEP Plan and the Title VI Procedures are included in the City of Madera’s website at https://www.madera.gov/home/departments/transit/. Any person or agency with internet access will be able to access and download the plan from the City of Madera website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the translated plan which the City of Madera will provide, if feasible. Questions or comments regarding the LEP Plan may be submitted to the City of Madera Grants Department, Transit Division, Title VI Coordinator:

City of Madera, Grants Department - Transit Division
Title VI Compliance Coordinator
205 W. Fourth Street
Madera, CA 93637
Phone:(559) 661-3693
Fax: (559) 674-2972
Email: [email protected]
Section 7 | Monitoring Representation on Planning and Advisory Bodies
The City must describe efforts to encourage participation of minorities on committees, councils, or other bodies. City must provide a table of transit-related, non-elected planning boards, advisory councils or committees, or similar bodies, the membership of which is selected by the City, and must indicate the racial breakdown of the membership of such committees or councils.

Section 8 | Requirement to Develop System-Wide Standards and 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE30
Policies
FTA requires all fixed-route transit providers to develop quantitative service standards and policies for their fixed-route service. Individual public transportation providers may set standards that best reflect their local environment.

The City has developed service standards and policies for its fixed-route system, Madera Metro, consistent with Title VI requirements. The standards are included in Exhibit G and include (a) vehicle load; (b) vehicle headways; (c) on-time performance; and (d) service availability. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE31
Exhibit G: City of Madera Fixed-Route Service Standards

SYSTEM-WIDE SERVICE STANDARDS

MADERA METRO FIXED-ROUTE SYSTEM
Background
FTA requires all fixed-route transit providers of public transportation to develop quantitative standards for the following indicators. Individual public transportation providers may establish their own standards.

Definitions
• Vehicle load for each mode: Generally expressed as the ratio of passengers to the number of seats on a vehicle, relative to the vehicle’s maximum load point. (For example, on a 40- seat bus, a vehicle load of 1.3 means all seats are filled and there are approximately 12 standees. Transit providers can specify vehicle loads for peak versus off-peak times, and for different modes of transit.)
• Vehicle headways for each mode: The amount of time between two vehicles traveling in the same direction on a given line or combination of lines. • On-time performance for each mode: A measure of runs completed as schedules. • Service availability for each mode: A general measure of the distribution of routes within an agency’s service area.

Vehicle Load Standards
Vehicle load thresholds will be used to measure service effectiveness or to determine remediation.

The average of all loads during peak AND off-peak operating periods should not exceed 1.0 (0% standees) on the fixed-route system.

Vehicle Load Standard Vehicle Load Standard Standees
Peak Period 1.0 0%
Off-Peak Period 1.0 0%
Driver is not required to delay departure or miss/skip a stop when vehicle load standard has been met. Drivers must instruct all passengers as they board that legally they must wear a seat-belt while riding the fixed route; however, if a passenger refuses or wishes to stand, the Driver may let them do so.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE32
Vehicle Headway Standards
Vehicle headway is the time interval between vehicles on a route that allows passengers to gauge how long they will have to wait for the next vehicle. Like vehicle load, vehicle headway varies by mode and time of day. Vehicle headway will be determined by ridership and available resources to operate service.

Scheduling involves the consideration of several factors, including ridership, productivity, transit/pedestrian-friendly streets, density of transit-dependent population and activities, relationship to the Regional Transportation Plan, relationship to major transportation developments, land use connectivity, and transportation demand management.

Headway standards for fixed routes are as follows:

Route 1 30 minutes
Route 2 65 minutes
Route 3 60 minutes (30 minutes when newly purchased fleet vehicles are deployed) On-Time Performance Standards
A vehicle is considered on time if it departs a scheduled timepoint no more than one minute early and no more than five minutes late. The City of Madera’s on-time performance objective is 90% or greater for fixed route and Dial-A-Ride. The City of Madera continuously monitors on-time performance. System results are published and posted as part of monthly performance reports covering all aspects of operations.

Service Availability Standards
The City of Madera’s service availability standards will strive to ensure that 90% of residents in the service area are within one-half mile of bus service. Like vehicle headways, the ability to provide increased service levels will be determined by ridership and available resources to operate service. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE33
Exhibit H: City of Madera Fixed-Route Service Policies

SYSTEM-WIDE SERVICE POLICIES

MADERA METRO FIXED-ROUTE SYSTEM
Background
FTA requires that all providers of fixed-route public transportation develop qualitative policies for the following procedures:
• Vehicle Assignment
• Transit Amenities
Policies
Vehicle Assignment Policy
A vehicle(s) will be assigned to each of the Madera Metro Fixed-Route such that the average age of the fleet serving each route does not exceed over five years beyond the FTA useful life standard of the assigned vehicle type.

All vehicles will be equipped with air conditioning.

The capacity of vehicles will be matched to the operating characteristics of the route.

Transit Amenities Policy
Transit amenities include shelters, benches, and signage. Installation of transit amenities along bus routes will be determined by factors such as ridership, boardings, individual requests, staff recommendations, and proximity to key origins and destinations. Consideration will be given to ensure amenities are being distributed throughout the transit system in an equitable manner; i.e., considering disparate impacts on the basis of race, color, or national origin, and taking corrective actions to remedy existing disparities to the maximum extent possible. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE34
Section 9 | EXHIBITS
Exhibit A: Notice to the Public - English

CITY OF MADERA
Madera Metro and Dial-A-Ride
Title VI Notice & Complaint Process
The City of Madera is committed to ensuring that no person is excluded from participation in or denied the benefits of its services based on race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964. Any person who believes that he or she has been subjected to discrimination under Title VI based on race, color or national origin may file a Title VI complaint with the City within 60 calendar days from the date of the alleged discrimination.

Complaints may be filed with the City in writing and may be addressed to:

M
MADERA
METRO
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE35
Exhibit B: Notice to the Public – Spanish

CIUDAD DE MADERA
Madera Metro y Dial-A-Ride
Título VI Noticia y Proceso de Quejas
La Ciudad de Madera, se compromete a garantizar que ninguna persona sea excluida de participar o denegar los beneficios de servicios basado por raza, color, linaje u origen nacional, según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964. Cualquier persona que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza, color u origen nacional puede presentar una queja del Título VI con la Ciudad dentro de 60 días del calendario a partir de la fecha de la supuesta discriminación.

Las quejas pueden ser presentadas en la Ciudad por escrito y pueden ser dirigidas a:

Coordinador del Programa de Tránsito (Coordinadora de cumplimiento)- Departamento de Subvenciones
Ciudad de Madera
205 West Fourth Street
Madera, CA 93637
Una copia del Título VI Formulario de Queja (en Inglés o Español) y la información adicional se puede obtener desde el sitio web de la Ciudad en “www.madera.gov” (en “Servicio de la ciudad - Tránsito - Información adicional - Declaración de política del Título VI de la ciudad de Madera”) o llamando al 559-661-3693. La Ciudad proveerá asistencia apropiada para los denunciantes que sean limitados en su capacidad de comunicarse en inglés.

M
MADERA
METRO
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE36
Exhibit C: Title VI Complaint Forms - English
City of Madera Transit System
Civil Right Complaint
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
The following information is necessary to assist us in processing your complaint. Should you require any assistance in completing this form, please contact the Transit Program Manger at 559.661.3693. Complete and return this form to:

Transit Program Manager – Compliance Coordinator
205 W. 4th Street
Madera, Ca. 93638

1. Complainant’s Name: ____________________________________________________

2. Address: ______________________________________________________________

3. City: ________________________ State: _________________ Zip Code: __________

4. Telephone (home): _____________________ (business): _______________________

5. Person discriminated against (if someone other than the complainant):

Name: _________________________________________________________________ Address: ________________________________________________________________ City: ______________________________ State: ________________ Zip Code: _______

6. Which of the following best describes the reason you believe the discrimination took place? Was it because of your:
a. Race/Color o b. National Origin o c. Age o d. Gender o e. Income o
MADERA ~

METR,Q,
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE37

7. What date did the alleged discrimination take place? ________________________________________________________________________

8. In your own words, describe the alleged discrimination. Explain what happened and who you believe was responsible.
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

9. Have you filed this compliant with any other federal, state, or local agency, or with any federal or state court? Yes o No o
If yes, check each box that applies:

Federal agency o Federal court o State agency o State court o Local agency o

10. Please provide information about a contact person at the agency/court where the complaint was filed.

Name: __________________________________________________________________ Address:_________________________________________________________________ City: _____________________________State: _____________Zip Code: ____________ Telephone Number: ______________________

11. Please sign below. You may attach any written materials or other information that you think is relevant to your complaint.
_____________________________________________ __________________________ Complainant’s Signature Date
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE38
Exhibit D: Title VI Complaint Forms - Spanish
Sistema de Tránsito de la Ciudad de Madera
Denuncia de derechos civiles
El Título VI de la Ley de Derechos Civiles de 1964 exige que: "Ninguna persona en los Estados Unidos, por motivos de raza, color u origen nacional, será excluida de la participación, se le negarán los beneficios o será objeto de discriminación bajo cualquier programa o actividad que reciba asistencia financiera federal." La siguiente información es necesaria para ayudarnos a procesar su queja. Si necesita ayuda para completar este formulario, comuníquese con el Administrador del Programa de Tránsito al 559.661.3693. Complete y envíe este formulario a:

Gerente del Programa de Tránsito - Coordinador de Cumplimiento 205 W. 4th Street
Madera, Ca. 93638

1. Nombre del demandante: _________________________________________________________

2. Dirección: ______________________________________________________________________

3. City: _______________ State: ___________________________ Zip Code: __________________

4. Teléfono (domicilio): ___________________ (empresa): ______________________

5. Persona discriminada (si alguien distinto del denunciante):

Nombre: ________________________________________________________________________ Dirección: ________________________________________________________________________ City: _____________________ State: _______________________ Zip Code: __________________ MADERA ~
METR,O
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE39

7. ¿En qué fecha se produjo la presunta discriminación? ________________________________________________________________________________

8. En sus propias palabras, describa la supuesta discriminación. Explica lo que pasó y quién crees que fue el responsable.
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________

Agencia federal o Tribunal federal o Agencia estatal o Tribunal estatal o Agencia local o

10. Sírvanse proporcionar información sobre una persona de contacto en el organismo/tribunal en el que se presentó la denuncia.

The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s Downtown Intermodal Transit Center during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s bus system.

Public Meetings
The City conducts quarterly Transit Advisory Board (TAB) meetings that are open to the general public. The seven-member TAB is composed of diverse public citizens of the community and takes to public testimony prior to initiation of each meeting.

City transit staff also participates in the development of the MCTC “Public Participation Plan.” A series of meetings are conducted with participants from throughout the community.

Recommendations to maximize community involvement are reflected in this plan and adopted by the MCTC Board. The City considers and uses the MCTC Public Participation Plan as a blueprint for City to engage the public.

Bilingual Outreach
The City of Madera transit system provide Spanish-speaking clients with bilingual information on public transit services. Staff assistance is utilized in outreach programs and offered for programs and public meeting, such as the Transit Advisory Board quarterly meetings. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE41
Telephone Access
Transit staff is available to answer questions in Spanish during normal operational hours (Monday – Friday: 7am – 6:30pm; Saturday: 7am – 4pm). Madera Metro transit system is accessible by phone at 559-661-RIDE (7433).

Strategies
To promote inclusive public participation, the City of Madera will leverage resources of the Madera County Transportation Commission Public Participation Plan and use its own resources available to employ the following strategies, as appropriate:
• Provide for early, frequent and continuous engagement by the public. • Expand traditional outreach methods. Think outside the box: go to street fairs, faith-based institutions, libraries, etc.
• Select accessible and varied meeting locations and times • Employ different meeting sizes and formats
• Provide childcare and food during meetings, if possible. • Use social media in addition to other resources as a way to gain public involvement • Use radio, television or newspaper ads on stations and in publications that serve LEP populations. Outreach to LEP populations may also include audio programming available on podcasts.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE42
Exhibit F: City of Madera Title VI Limited English Proficiency (LEP) Plan City of Madera Transit Services
Limited English Proficiency (LEP) Plan
Introduction
This Limited English Proficiency (LEP) Plan has been prepared to address the City of Madera Grants and Transit Division’s responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1B dated October 1, 2012, which states that no person shall be subjected to discrimination based on race, color, or national origin.

Background
The City of Madera Grants Department and Transit Division administers the Madera Metro and Dial-A-Ride transit services that are operated by a contract service provider. The current transit service provider is MV Public Transportation, Inc.

This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE43
To prepare this plan, City of Madera staff undertook the U.S. Department of Transportation (U.S.

DOT) four-factor LEP analysis which considers the following factors:

5. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City of Madera transit programs, activities, or services.

6. The frequency with which LEP persons encounter City of Madera transit services programs, activities, or services.

7. The nature and importance of programs, activities, or services provided by the City of Madera transit services to the LEP population.

8. Resources available to the City of Madera Grants Department and Transit Division and overall cost to provide LEP assistance.

A summary of the results of the City of Madera transit services’ four-factor analysis is in the following section.

Meaningful Access: Four-Factor Analysis

1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter City of Madera transit programs, activities, or services.

As the City of Madera population is below the 100,000-population threshold for full inclusion in the most recent American Community Survey (ACS), analysis is based on the 2020 US Census. City of Madera transit services staff reviewed the 2020 U.S. Census and determined that, out of a population of City of Madera 65,575 residents, 46,796 (78.3%) of City of Madera residents speak a language other than English. In the City of Madera 16,398 residents (26.7%) have limited English proficiency; that is, they speak English “not well” or “not at all”. In the City of Madera, of those persons with limited English proficiency, the majority speak Spanish. The City’s most current demographic analysis shows that the number or proportion of LEP served or encountered in the eligible service area is as follows:

Census Tracts
Description 5.02 6.01 6.02 8.0 9.0
Total Population 7,510 8,384 4,579 6,763 7,197
Hispanic/Latino 5,055 6,723 3,785 5,033 6,406
Percentage 67% 80% 83% 74% 89%
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE44
2017 ACS sampling data that includes Madera, while less in-depth, can also be taken into consideration for analysis, and indicates that with a 2017 population estimate of 65,508 residents (63.4%) identified speaking a language other than English at home. Lastly, through staff contact, and feedback from the transit operator, it has been noted that not only is Spanish the primary language identified, but varying dialects of Spanish from different countries is also being experienced.

2. The frequency with which LEP persons come in contact with City of Madera transit services programs, activities, or services.

3. The nature and importance of programs, activities, or services provided by City of Madera transit services to the LEP population.

The largest geographic concentration of LEP individuals in the City of Madera transit services area is Spanish-speaking. On-board ridership surveys conducted by the City indicate that 83 percent are captive transit riders, and 30 percent could have made their trip by another means as a passenger. The main purposes indicated for trips were 61 percent for medical/dental; 50 percent for shopping; 42 percent for school; 20 percent for work; and 17 percent for other purposes including religious services and social outings.

4. The resources available to City of Madera Transit Division and overall cost to provide LEP assistance.

City of Madera transit staff has access to a variety of resources and collaborates with multiple organizations that help with outreach and providing LEP assistance at low or no cost. Community-based resources include:
• City of Madera Transit Advisory Board
• City of Madera Senior Centers
• City of Madera Intermodal Center
• City of Madera Transit Center
• Madera County Transportation Commission (MCTC) Social Services Transportation Advisory Committee (SSTAC)
• MCTC Board Unmet Transit Needs Process
• MCTC Public Participation Plan Committee
• Madera County Social Services Department
• Community Action Partnership of Madera County
• Camarena Health Center
• Grant-funded Consultant Services
• Translation Services
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE45
The above community resources will continue to be used on a regular basis to assist in identifying needs of the City’s LEP population. They will also serve to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.

Based on the four-factor analysis, the City of Madera will develop its LEP Plan as outlined in the following section.

Identification of LEP Population
The Transit Division has developed several possible ways to assist in identifying LEP populations within the City, including:

4. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.

5. Have a staff person greet participants as they arrive to City of Madera transitsponsored events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.

6. Survey vehicle operators and other front-line staff, like dispatchers, dial-a-ride schedulers, and service development planners on their experience concerning any contacts with LEP persons.

Language Assistance Measures
There are plans for several language assistance options available to LEP persons, including both oral and written language services. There are also various ways in which City of Madera transit staff can respond to LEP persons, whether in person, by telephone, or in writing. g. Provide a bilingual City employee at community events, public hearings, and Transit Advisory Board (TAB) meetings.
h. Placement of statements in notices and publications that interpreter services are available for these meetings.
i. Annually survey bus drivers and other front-line staff, like dispatchers, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons during the previous year.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE46
j. Post the City of Madera Transit Services Title VI Policy and LEP plan on the City of Madera website, https://www.madera.gov/home/departments/transit/ k. Require all transit operator contracts to include the following clause:
“Personnel: CONTRACTOR shall employ and supervise all personnel, including drivers, dispatchers, managers, customer service representative and other personnel needed to operate and maintain the service provided by CONTRACTOR under this Agreement. Dispatchers and customer service representatives shall have some bilingual skills (communicate in Spanish and English, i.e., ability to understand simple directions, addresses and times).

Consideration should be given to bilingual
drivers who understand simple directions in English/Spanish. Qualified supervisory personnel shall be available during all hours of operation.” l. When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers.

These safe harbor provisions apply to the translation of written documents only. They do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable.

The City of Madera – Madera Metro complies with the Safe Harbor Threshold provisions, as evidenced by the number of documents translated in Spanish. With respect to Title VI information, the following shall be made available in Spanish:
▪ Title VI Public Notices
▪ Title VI Complaint Procedures
▪ Title VI Complaint Form
In addition, the City of Madera will conduct marketing that incorporates translated materials that reach LEP persons. Vital bilingual or multilingual documents and key event include the following:
▪ Notices of free language assistance for person with LEP ▪ Notice of Non-Discrimination and Reasonable Accommodation ▪ Outreach Materials
▪ System Maps and Bus Schedules
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE47
▪ Route Changes
▪ Community Meetings
▪ Public Hearings
▪ Service Change Announcements
▪ Safety and Security Announcements
LEP Staff Training
The City of Madera ensures timely and reasonable language assistance to LEP utilizing several approaches. Customer service staff and other key staff are given instruction on (1) how to respond to an LEP caller request and (2) how to respond to written communication from an LEP person.

Instructions are provided to vehicle operators, supervisors and managers, and others who regularly interact with the public on how to respond to an LEP customer.

9. Provide writing translation of vital documents for eligible LEP language group(s) including, but not limited to:
▪ Consent and complaint forms
▪ Intake and application forms
▪ Written notices of rights
▪ Notice of denials, losses, or decreases in benefits or services ▪ Notice or person’s rights under Title VI

10. Provide a bilingual Community Outreach Coordinator at community events and public hearings. City of Madera has personnel to provide Spanish interpretation.

11. Place statements in notices and publications that interpreter services are available for these meetings.

12. Survey bus drivers and other front-line staff, such as dispathcers, scheduleers, and service development planners on their experience concerning any contacts with LEP persons during the previous year.

13. Post City of Madera Title VI Policy and LEP plan on City of Madera Website, https://www.madera.gov/home/departments/transit/helpful-transit-information/#tr-city-ofmadera-title-vi-policy-statement-245606

14. Access language assistance services from a professional translation service or qualified community volunteers when an interpreter is needed to ensure information is clearly presented, including public comments.

15. Provide on-going employee training to promote better understanding of the laws that prohibit discrimination on the basis of national origin and to ensure timely and reasonable 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE48
language assistance to LEP populations. LEP sensitivity training will be conducted with staff (drivers, dispatch, and management) as part of employee training and orientation and refreshers classes to ensure staff work effectively with LEP populations and provide effective language assistance services.

The City of Madera currently uses a variety of outreach approaches as described below.

9. Public Outreach Activities
The City of Madera website posts transit schedules and rider information. The City website provides material I both English and Spanish. The Cit also provides easy to access to bilingual (English and
Spanish) administrative staff and drivers during operating hours to answer questions during their regular
shift schedules for those LEP passengers who use the City’s transit system.

10. Public Meetings
The City of Madera conducts and participates in meetings that are open to the general public and can be schedule at convenient times and accessible locations. The City collaborates with the Madera County Transportation Commission (MCTC), the Metropolitan Planning Organization (MPO), in its Unmet Transit Needs process. The Unmet Transit Needs hearings are accessible to the general public and are consistent with MCTC’s comprehensive Public Participation Plan and process that ensure meaningful access to LEP throughout the service area. The MCTC public hearing is accessible by public transit services.

The City of Madera transit staff also participants in the development of the MCTC “Public Participation Plan.” A series of meetings are conducted with participants from throughout the community. Recommendations to maximize community involvement are reflected in this plan and adopted by the MCTC Board.

11. Participation in Community Activities
The City of Madera engages in community activities that promote its transit services. These activities and sites include:
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE49
▪ City of Madera Senior Centers
▪ Madera Annual District Fair
▪ Madera’s Annual Pomegranate and Fruit Festival
▪ City of Madera Community Centers
▪ MCTC Annual Unmet Transit Needs Process
▪ Participation in updates to the Public Transit Human Services Transportation Coordination Plan for Madera County
Assurances
The City of Madera transit services will ensure that no person, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, the City will notify the public of protections against discrimination afforded them by Title VI Regulations and will take preventive corrective and disciplinary action necessary to reduce behavior that violate the rights and privileges the regulations are designed to protect.

Determination of Site or Location of Facilities
The City of Madera will not determine the location of projects requiring land acquisition and the displacement of persons from their residences and businesses on the basis of race, color, or national origin per Title 49 CFR, Section 21.9(b)(3). In determining the site or location of facilities, the City of Madera will not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subject them to discrimination. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE50
Facilities include, but are not limited to, storage facilities, maintenance facilities, operation center, etc. A Title VI equity analysis will be undertaken before selection of a preferred site and outreach undertake to persons potentially impacted by the siting of facilities. Compliance with regulations, the City is also determined if other facilities with similar impacts I the area will result in any cumulative adverse impacts.

SYSTEM-WIDE SERVICE STANDARDS

Vehicle Load Standards
Vehicle load thresholds will be used to measure service effectiveness or to determine remediation.

The average of all loads during peak AND off-peak operating periods should not exceed 1.0 (0% standees) on the fixed-route system.

Vehicle Load Standard Vehicle Load Standard Standees
Peak Period 1.0 0%
Off-Peak Period 1.0 0%
Driver is not required to delay departure or miss/skip a stop when vehicle load standard has been met. Drivers must instruct all passengers as they board that legally they must wear a seat-belt while riding the fixed route; however, if a passenger refuses or wishes to stand, the Driver may let them do so.
2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE52
Vehicle Headway Standards
Vehicle headway is the time interval between vehicles on a route that allows passengers to gauge how long they will have to wait for the next vehicle. Like vehicle load, vehicle headway varies by mode and time of day. Vehicle headway will be determined by ridership and available resources to operate service.

Headway standards for fixed routes are as follows:

Service Availability Standards
The City of Madera’s service availability standards will strive to ensure that 90% of residents in the service area are within one-half mile of bus service. Like vehicle headways, the ability to provide increased service levels will be determined by ridership and available resources to operate service. 2022 City of Madera Title VI Program
Madera Metro
June 2022
PAGE53
Exhibit H: City of Madera Fixed-Route Service Policies

SYSTEM-WIDE SERVICE POLICIES

All vehicles will be equipped with air conditioning.

The capacity of vehicles will be matched to the operating characteristics of the route.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: June 15, 2022
_________________________________
Dan Foss, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Revisions to Airport Advisory Commission (AAC) Rules of Procedure RECOMMENDATION:

Adopt a resolution approving revised Airport Advisory Commission (AAC) Rules of Procedure SUMMARY:

During the October 22, 2021, AAC meeting, Commissioners requested a review of the rules of procedure. One of the main concerns that spurred this review was due to issues amongst the group not being able to consistently establish a quorum during the quarterly AAC meetings.

Moreover, during the January 22, 2022 AAC meeting, the Commissioners and City staff made rules of procedure recommendations regarding the membership selection process, term of office, officers, and meetings that were also in compliance with the Madera Municipal Code for commissions.

DISCUSSION:

Upon review of the rules of procedure by the AAC, the following recommendations were made in Table 1:

Agenda Number: __________ _
B-8
Therefore, these recommendations enable the AAC rules of procedure to maintain compliance the Madera Municipal Code. Furthermore, the set meeting times were in agreement with the AAC commissioners with the hopes of maintaining a consistent quorum moving forward.

FINANCIAL IMPACT:

There is no financial impact associated with the rules of procedure revisions.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is not specifically addressed as part of the Vision Plan, nor is it in conflict with the Plan.

ALTERNATIVES:

If Council chooses not to adopt these rules of procedure revisions, the AAC rules of procedure will be out of compliance with the Madera Municipal Code relating to commissions. Moreover, the AAC could continue to struggle with achieving a consistent quorum if these recommendations are not approved which will also impact the ability of the AAC to be a functioning commission.

ATTACHMENTS:

1. Resolution

2. AAC Rules of Procedure
a. Exhibit A – Ordinance NO. 986 C.S.

Table 1: Rules of Procedure recommendations
Section Recommendation
Section 1. Appointment  Update per Municipal Code Section 2-3.101; Mayor makes recommendations to fill all seats
 Council approves appointments
Section 2. Term of Office  Update to reflect amended Municipal Code (The term of each AAC member shall be in accordance with Section 2-3.101 of the Madera Municipal Code)
Section 3. Officers  Change terms to remove gender references.  Election of officers to be held the first meeting of each calendar year.

Section 4. Meetings  Change meetings from once per quarter to:
 Second Tuesday of the first month of the quarter
 Meeting location at lobby at the Municipal Airport
 Meeting start time of 10:00 a.m.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF MADERA, CALIFORNIA

APPROVING RULES OF PROCEDURE REVISIONS TO AIRPORT ADVISORY

COMMISSION (AAC) RULES OF PROCEDURE
WHEREAS, the AAC has made rules of procedure recommendations regarding membership, term of office, officers, and meetings; and WHEREAS, these changes need to be made in order to stay in compliance with the Madera Municipal Code for commissions; and
WHEREAS, these revisions are being implemented to establish meeting dates, institute dates for officer elections, and to remove gender specific language.

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 the AAC rules of procedure revisions.

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

Page 1 ends

Adopted by City Council on 10/6/75; Revised 3/6/96-Res. No. 96-26; Revised 7/2/97-Res. No. 97-101; Revised 10/15/14-Res. No. 14-189

CITY OF MADERA

AIRPORT ADVISORY COMMISSION
Rules of Procedure

1. Appointment.

The Airport Advisory Commission (AAC) of the City of Madera shall consist of seven (7) members who shall be appointed in accordance with Section 2-3.101 of the Madera Municipal Code. A copy of that Code section is attached and incorporated by reference as Attachment A.

2. Term of Office:

The term of each AAC member shall be in accordance with Section 2-3.101 of the Madera Municipal Code. See Exhibit A.

3. Officers:

Elections to be held the first regular meeting of the calendar year. By a majority vote of a quorum present, the following officers will be elected to serve a one-year term: Chair and Vice Chair.

4. Meetings:

Meetings of the Commission to be held the second Tuesday of each quarter per calendar year, with the meeting to be held at the Madera Municipal Airport Lobby, 4020 Aviation Drive, Madera, CA 93637, starting at 10:00 a.m. Special meetings may be called at the option of the Chair or upon majority decision of the Commission membership in accordance with requirements of the Brown Act.

5. Attendance Requirements:

A. Attendance is required and failure to attend three consecutive regular as opposed to special meetings shall be considered as automatic resignation; a significant pattern of absences may also be considered grounds for removal from the Commission.

B. Members may be excused by the Chairman for authorized absences.

C. Removal and replacement of Commission members shall be by City Council action.

6. Compensation:

All members of the commission will serve without compensation; however, payment for any actual and necessary expenses incurred in the conduct of

Page 2 ends

Adopted by City Council on 10/6/75; Revised 3/6/96-Res. No. 96-26; Revised 7/2/97-Res. No. 97-101; Revised 10/15/14-Res. No. 14-189 pertinent business may be authorized by the City Council upon proper application therefor.

7. Duties and Responsibilities:

It is the intention of the City Council that the Commission will serve in an advisory capacity only to the City Council and staff on matters involving the Madera Municipal Airport. These duties shall include the following:

A. Budget – Review annually the airport financial status pertaining both to general operations and capital projects and recommend an annual budget for operational and capital improvement purposes, including methods of financing and lease arrangements.

B. Operations – Compile analytical data and comparative information involving the establishment or modification of airport fees, rates, charges, or fuel prices, ascertain the type of service to be rendered and keep abreast of developments in the aviation industry on all pertinent matters concerning airports, airport law, and aviation generally, and based upon the foregoing, review and recommend formal adoption of airport policies and operation procedures.

C. Master Planning – Review the status of the Airport Masterplan and propose periodic revisions thereto, reflective of capital expansion projects, possible financing methods, and to federal and state regulations; review and recommend on special permits and proposals, as required, that deviate from the airport development plan.

D. Land Use – Review and recommend action regarding land use surrounding the airport, as it effects aviation, both directly and indirectly.

E. Reports – At least once each year report activities to the City Council and make information available to other Commissions and Officials of the City, as required.

F. Other – Perform other related duties as directed by the City Council.

ORDINANCE NO. 986 C.S.

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

THE MADERA MUNICIPAL CODE RELATING TO APPOINTMENTS AND

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

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

In other words, if the last nomination was from the Council Member for District 3, the Mayor will seek a nomination from the Council Member for District 4. (S) The Mayor is not required to appoint persons nominated by Council Members.

Exhibit A
(6) The Mayor will submit appointees to the City Council for consideration. (7) The City Council is authorized to approve or reject any appointment made by the Mayor.
(8) Council approval of any appointment shall be made by resolution adopted by four votes of the City Council. The appointment shall be for the remainder of an unexpired term or for a new term.
(9) Upon the City Council's determination not to approve a Mayor's appointee, the Mayor shall proceed to seek another nominee, make another appointment, and submit the appointee to the City Council for consideration and approval as set forth in this section.
(B) Term.

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

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

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

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

Ord. No. 986 C.S.

The foregoing Ordinance No. 986 C.S. was introduced and given its first reading at a regular meeting of the City Council of the City of Madera held on the 16th day of February 2022 and adopted after a second reading at a regular meeting ofthe City Council held on 2nd day of March 2022 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

Mayor Garcia, Councilmembers Gallegos, Rodriguez, Montes, Evans, Mejia, and Villegas.

None.

APPROVED:

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Dino Lawson, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of an Ordinance Relating to the Police Department’s Use of Military Equipment Per Assembly Bill 481 (AB 481)
RECOMMENDATION:

Waive full reading and Adopt an Ordinance Adding Chapter 16 to Title III of the Madera Municipal Code (MMC) relating to the use of military equipment
SUMMARY:

The City Council held a public hearing and introduced an ordinance related to the Madera Police Department’s use of military equipment at its June 1 meeting. This represents the second reading and adoption.

On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. The bill requires law enforcement agencies to obtain approval from their respective governing bodies prior to taking actions related to the funding, acquisition, or use of military equipment. The Ordinance would allow the City’s Police Department to adopt a Military Equipment Use Policy. Failure to adopt the policy may result in unsafe situations for officers and civilians as certain items characterized as “military equipment” are critical in maintaining the health and safety of the community.

DISCUSSION:

The Madera Police Department occasionally utilizes various items deemed as “military equipment” to enhance the safety of our officers and community members. Such items are used to supplement best practices currently implemented by the department and its officers.

Council Meeting of: June 15, 2022
Agenda Number: ________ B-9
Without the utilization of the items mentioned below, it places our officers in unsafe positions during volatile interactions with individuals aiming to harm the community and its members.

According to California Government Code, military equipment includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehiclesthat have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

The Madera Police Department’s Military Equipment Policy provides guidelines for the approval, acquisition, and reporting requirements of military equipment. Adoption of the policy would place the City in compliance with the regulations outlined in AB 481.

FINANCIAL IMPACT:

Staff does not anticipate any financial impact.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 421: “Ensure the safety and protection of Madera and its community members through adequate first response to emergencies…”
ALTERNATIVES:

Council may elect to not approve the Ordinance amending the MMC. Furthermore, Council may request staff return with additional information at a subsequent meeting.

ATTACHMENTS:

1. Ordinance Adding Chapter 16 to Title III of the Madera Municipal Code Relating to the Use of Military Equipment

2. Madera Police Department Military Equipment Policy 709

3. Attachment A to Section 709.4 of the Madera Police Department Military Equipment Policy 709

Page 1 of 3 ends

ORDINANCE NO. 2022-______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MADERA ADDING CHAPTER 16 TO TITLE III OF THE MADERA

CITY CODE RELATING TO ADOPTION OF A MILITARY

EQUIPMENT USE POLICY
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 16 is added to Title III of the Madera Municipal Code to read as follows:

CHAPTER 16
Military Equipment Use Policy
3-16.01 Title of Ordinance.
3-16.02 Findings.
3-16.03 Determinations.

Section 3.16.01 Title of Ordinance
This chapter shall be titled “Military Equipment Use Policy.” Section 3.16.02 Findings.

A. On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.

B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.

C. Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.

D. The proposed Military Equipment Use Policy is found within Madera Police Department Policy Section 709.

E. The Military Equipment Use Policy as set forth in Madera Police Department Manual Section 709 was published on the Madera Police Department’s internet website on __________, 2022. The Madera Police Department Policy Section 709 was presented to City Council on __________, 2022.

Page 2 of 3 ends

F. The Military Equipment Use Policy as set forth in Department Policy Section 709 meets the requirements of California Government Code section 7070, subdivision (d).

Section 3-16.03. Determinations.

Based on the findings above, in addition to information provided to the City Council at the public hearing, the City Council determines as follows:

A. The military equipment identified in Madera Police Policy 709 is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

B. The Military Equipment Use Policy as set forth in Madera Police Manual 709 will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. The military equipment identified as Madera Police Manual 709 is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. The Military Equipment Use Policy as set forth in Madera Police Manual 709 is approved and adopted.

E. A copy of the Madera Police Manual 709 may be obtained from the Madera Police Department or the City Clerk.

SECTION 2. CEQA. The City Council finds and determines that this ordinance is not a “project” for the purposes of the California Environmental Quality Act (CEQA), as the ordinance does not have the potential for resulting in either a direct physical change in the environment, or a reasonably indirect physical change in the environment. Instead, the ordinance merely provides a procedural mechanism for enforcing the City’s Municipal Code and abating nuisances so as to promote public health, safety, and welfare. As such, the adoption of this ordinance is not subject to CEQA.

SECTION 3. Effective Date. This ordinance shall become effective thirty days after its adoption.

SECTION 4. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Madera, within fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted. The ordinance shall become effective thirty days after its adoption. (Certification on next page)

Page 3 of 3 ends

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Madera held on _______________, 2022, and was passed and adopted at a regular meeting of the City Council held on _______________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 1 Madera Police Department
Madera PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Madera Police Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Madera Police Department (MPD) that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Madera Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The list set forth in Attachment A is the list of qualifying equipment for the Department:
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this department shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are providing mutual aid to this department, or operating in conjunction with this department, shall comply with their respective military equipment use policies in rendering mutual aid. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Published with permission by Madera Police Department ***DRAFT*** Military Equipment - 4 709.9 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS
The Department may order up to 25% of the existing inventory of consumable items in this list in a calendar year, without city council approval, to maintain a stock available for Department needs.

MPD is authorized to acquire additional stock of items listed here from other law enforcement agencies of CalOES in the event of an emergency when approved by the Chief of Police or designee. Consumable items include:
a. Breaching rounds
b. Distraction devices
c. Chemical agents and smoke canisters
d. 40MM munitions
e. Less-lethal 12-gauge rounds
1 | Page
ATTACHMENT A TO POLICY 709 MILITARY EQUIPMENT
SECTION 709.4
SECTION ONE: Qualifying Equipment Owned/Utilized by the Madera Police Department.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:
i. DJI Air S2, cost $1,500 each, quantity 3. Miniature UAS that weighs approximately 595 grams and can record video and obtain digital images with approximately 31 minutes of flight time.
b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:
i. Search for missing persons.
ii. Natural disaster management.
iii. Crime/Accident scene photography.
iv. SWAT, tactical or other public safety and life preservation missions. v. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate UASs during approved missions.
d. Expected Life Span
All UAS equipment, 3-5 years.
e. Fiscal Impact
Combined annual maintenance and battery replacement cost for all UASs is approximately $1,000.
f. Training
All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend quarterly department training. g. Legal and Procedural Rules
Use is established under FAA Regulation 14 CFR Part 107, and the MPD UAS policy.

It is the policy of the MPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal 2 | Page
law.

2. Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.
a. Description, quantity, capabilities, and purchase cost i. Avatar III, cost: $90,000 each, quantity: 1. The Avatar III is a rugged, heavyduty tactical robot that allows personnel to remotely inspect dangerous situations safely and quickly. It has stair climbing ability and an arm capable of lifting 65lbs. The Avatar III also offers microphones, speakers, and cameras for communications, and can deliver small items into unsafe environments. b. Purpose
To be used to remotely gain visual/audio data, deliver hostage negotiator phone, open doors, disrupt packages, and visually clear buildings. c. Authorized Use
Only assigned operators who have completed the required training shall be permitted to operate the robot identified at section 2(a)(i). Use is established by the Investigations Lieutenant and/or Incident Commander.
d. Expected Life Span
15 years.
e. Fiscal Impact
Annual maintenance and battery replacement cost is approximately $250. f. Training
All robot operators complete annual basic operator training to operate the robot identified at sections 2(a)(i).
g. Legal and Procedural Rules
It is the policy of the MPD to utilize a robot only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal law.

3. Mobile Incident Command Vehicle: A mobile office that provides shelter, access to Police Department computer systems, and incident briefing room for extended events. a. Description, quantity, capabilities, and purchase cost i. 2009 Wells Cargo- model EW2824W. 28-foot-long, two-axle, bumper pulled Mobile Command Trailer, cost $41,000, quantity 1. The interior of the trailer provides three workstations with computers and mobile radios. The trailer has 3 | Page
a small refrigerator, microwave, and climate control unit. b. Purpose
To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. c. Authorized Use
The Mobile Command Center (MCC) shall be used by Officers / Volunteers trained in their deployment and in a manner consistent with Department policy and training.

Furthermore, only Officers / Volunteers who are properly licensed and have completed a driver’s training program will be allowed to drive the MCC. d. Lifespan
20 years with IT upgrades every 5 – 7 years.
e. Fiscal Impact
Annual maintenance cost is approximately $2,050.
f. Training
The driver/operator shall receive training in the safe handling of the vehicle on a closed training course.
g. Legal and Procedural Rules
It is the policy of the MPD to use the MCC only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.

4. Breaching Equipment: Tools that are used to breach doors or glass by use of slugs or explosives.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 breaching shotgun, cost: $500, quantity 2. This weapon allows for breachers to utilize shotgun breaching rounds in order to defeat deadbolts, locks, and hinges. The stand-off that is attached to the end of the barrel allows for positive placement of the gun into the correct position and vents gasses to prevent overpressure. This weapon can also defeat windows and sliding glass doors with a flash bang round. 4 | Page
ii. CTS 12-gauge breaching munition, #2570, cost $7 each, quantity 10. The round is fired from a breaching shotgun and is used to disrupt locking mechanisms and hinges, defeat and breach external and internal doors. iii. Royal Arms Flash Bang Cartridge FBC (Red Cap), cost: $7.50, quantity: 81, This cartridge is used with the breaching shotgun for diversionary, disorientation, breaching, and crowd control. The round is designed to breach solid wood doors, sliders, and car windows.
b. Purpose
To gain entry safely and quickly into a structure.
c. Authorized Use
Breaching with 12-gauge rounds may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. d. Lifespan
Breaching shotgun – 25 years
Breaching rounds – 5 years
e. Fiscal Impact
Annual maintenance is approximately $500.
f. Training
All Officers who use breaching rounds shall be certified by a POST instructor in the use of breaching rounds and equipment.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize breaching equipment only for official law enforcement purposes, and pursuant to State and Federal law.

5. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.
a. Description, quantity, capabilities, and purchase cost i. Defense Technology, Flameless Tri-Chamber SAF Smoke Grenade, #1027, cost $43 each, quantity 100. The Tri-chamber flameless smoke grenade will deliver .70 oz of agent during a 20-25 second burn time. It can be used in crowd control as well as tactical deployment situations but was designed with a barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. It provides the option of delivering indoors, maximizing the chemicals’ effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. 5 | Page
ii. Defense Technology, Riot Control Continuous Discharge Grenade, CS, #1082, cost $27, quantity 6. The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload through four gas ports located on top of the canister. It can be used to conceal tactical movement or to route a crowd. The launchable grenade holds 2.7 oz of active agent.
iii. Defense Technology, Flameless Tri-Chamber CS Grenade, #1026, cost $45 each, quantity 3. The Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. It is designed primarily for indoor tactical situation to detect and/or dislodge a barricaded subject. The grenade will deliver .70 oz of agent during its 20-25 seconds burn time. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfit, and/or incapacitation of potentially violent or dangerous subjects. iv. Defense Technology, Instantaneous Blast OC #1040, cost $27, quantity 2. The Instantaneous Blast OC grenade is designed for indoor or outdoor use; this grenade’s powder is expelled upon initiation of a small internal detonator that has sufficient force to split the canister at six machined groves on the outside surface. This device is well suited for affecting numerous subjects grouped in an area, using wind to the advantage. It will deliver 1.5 oz of active agent. b. Purpose
To limit the escalation of conflict and minimize the use of more serious force options.

Situations for use of the chemical agents’ systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
c. Authorized Use
Only Officers who have received POST certification in the use chemical agents are authorized to use chemical agents.
d. Training
Officers utilizing chemical agent canisters are certified by POST in the use of less lethal and chemical agents instructors.
e. Lifespan
5 years from manufacturing date.
f. Fiscal Impact
6 | Page
No annual maintenance.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

6. 40MM Launchers and Rounds: 40MM Launchers are utilized by department personnel as a less lethal tool to launch impact rounds and chemical munitions. a. Description, quantity, capabilities, and purchase cost:
i. Defense Technology, 40MM tactical 4 shot launcher, #1440, quantity 2, cost $2500 each. The 40MM multi launcher is a multi-shot pump action launcher that features an adjustable stock, integrated front grip, and an accessory rail. It features a revolving cylinder that will hold four rounds and will fire standard 40MM less lethal ammunition up to 4.8 inches in cartridge length. ii. Defense Technology Spede-Heat 40MM long-range, CS, #6182, cost $30 each, quantity 3. The Spede-Heat CS longe-range munitions delivers one chemical canister of CS agent from a 40MM launcher down range up to 150 yards. The pyrotechnic round is designed specifically for outdoor use in crowd control situations.
iii. Defense Technology Spede-Heat 40MM long-range round, SAF Smoke #6183, cost $27 each, quantity 6. The Spede-Heat SAF Smoke munitions deliver one chemical canister of SAF-smoke down range up to 150 yards. The round is designed for outdoor use in crowd control situations with a continuous burn that expels it payload in 20-40 seconds from a single source. iv. Defense Technology Stinger 40MM .60 caliber rubber ball round, #6097, cost $28 each, quantity 20. The Stinger 40MM .60 caliber round is most widely used as a crowd management tool by law enforcement. The round contains approximately eighteen .60 caliber rubber balls. It utilizes smokeless powder as the propellants. The round is generally deployed in low trajectories or skip fired in the general direction (non-target specific) of the intended targets. It is suitable for administering a means of pain compliance over a distance of 15-40 feet with non-compliant crowds.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
7 | Page
i. Self-destructive, dangerous, and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Training
Officers utilizing 40MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal and chemical agents’ instructors. e. Lifespan
40MM Launchers - 15 years.
40MM munitions - 5 years.
f. Fiscal Impact
Annual maintenance is approximately $50 for each launcher. g. Legal and Procedural Rules
It is the policy of MPD to utilize the 40mm equipment only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

7. Less Lethal Launcher: A Less Lethal Launcher is used to deploy the less lethal 12-gauge rounds.
a. Description, quantity, capabilities, and purchase cost i. Remington 870 Less Lethal Launcher, cost $950 each, quantity: 25. Used to deploy less lethal impact munitions. The stock and pump grip of the launcher are bright orange in color to indicate it’s use as less lethal. ii. 12-gauge Safariland drag stabilized beanbag round, #3027, cost: $5, quantity 234. A less lethal 12-gauge round that launches a ballistic fiber bag filled with 40 grams of lead shot. The effective range of this munition is at least 20 feet up to 75 feet from the target. It does not require a minimum range to “unfold” or “stabilize” and accuracy is relative to the launcher, barrel length, environmental conditions, and the operator.
b. Purpose
To limit the escalation of conflict and attempt to avoid the need for lethal force.
8 | Page
c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:
i. Self-destructive, dangerous and/or combative individuals. ii. Riot/crowd control and civil unrest incidents.
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals.
v. Training exercises or approved demonstrations.
d. Lifespan
Remington 870 Less Lethal Launcher–
25years
Safariland drag stabilized round–No
expiration
e. Fiscal Impact
Annual maintenance is approximately $50 for each shotgun. f. Training
All officers are trained in the use of 12-gauge less lethal launcher as a less lethal option by in-service training.
g. Legal and Procedural Rules
It is the policy of the MPD to utilize the less lethal launcher only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

SECTION TWO: Qualifying equipment known to be owned and/or utilized by law enforcement units with which the Madera Police Department collaborates and/or participates for law enforcement purposes. The Madera Police Department participates in the Madera County Regional SWAT Team. This equipment is owned and operated by Madera County SWAT Team through the Madera County Sheriff’s Office, which could result in its deployment and/or use in the City of Madera.

1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.

2. Robots: Unmanned machine operating on the ground utilized to enhance the safety to the community and officers.

3. Armored Vehicles: Commercially produced, wheeled, armored personnel vehicle utilized for law enforcement purposes.
9 | Page

4. Mobile Incident Command Vehicle: A mobile office that provides shelter, access to Sheriff’s Office computer systems, incident briefing room, and restroom facilities for extended events.

5. Breaching Equipment: Tools that are used to breach doors or glass by use of slugs or explosives.

6. Distraction Devices: A distraction device produces a loud noise and bright flash and is used to distract and temporarily disorient dangerous suspects during hostage rescue, room entries, or other high-risk arrest situations.

7. Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed.

8. CTS Launching Cup: Cups that attach to 12 gauge less lethal shotguns which allow officers to launch canisters of chemical agents or smoke.

9. PepperBall Launcher: A device that discharges irritant projectiles.

10.Long Range Acoustic Device (LRAD): A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

11.40MM and 37MM Launchers and Rounds: 40MM and 37MM Launchers are utilized by department personnel as a less lethal tool to launch impactrounds and chemical munitions.

12.Less Lethal Launcher: A Less Lethal Launcher is used to deploy 12-gauge rounds.

SECTION THREE: This Policy has been adopted by the City Council as Ordinance No. ______

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Department Director Matthew A Watson
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Approval of a New Schedule "A" Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2022, to June 30, 2023, for Fire Service Operations that was not included in the report to Council at the June 1, 2022 Council meeting RECOMMENDATION:

Adopt a Resolution approving a new Schedule "A" agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operation from July 1, 2022 to June 30, 2023
SUMMARY:

From July 1, 2022, through June 30, 2023, a one-year agreement between the City and CAL FIRE for $6,057,566.00. The Agreement is for personnel at the three existing fire stations. This agreement was initially considered by Council at the June 1, 2022 meeting; however, staff neglected to attach the agreement to the staff report. As a result, this item is being brought before Council; however, no changes are proposed in comparison to what was presented to Council on June 1, 2022.

DISCUSSION:

This Agreement was approved on June 1, 2022, by a five to two vote. This Agreement is before the Council a second time because the Resolution was inadvertently left on when documents were combined for the agenda.

Public Resources Code Section 4142 allows CAL FIRE to enter into cooperative agreements with cities and counties to suppress fires within those jurisdictions. The City has contracted with CAL FIRE under such agreements since 1993.

Council Meeting of: June 15, 2022
Agenda Number: B-10
The most recent Agreement was a one-year Schedule "A" fire protection services reimbursement agreement from July 1, 2021, through June 30, 2022. The Fiscal Year 2022/2023 Schedule "A" agreement is for $6,057,566.00, representing an increase of $526,805.00 from the existing Agreement. The current Agreement expires at the end of the current fiscal year. This increase is due to the change in the staff benefits rate.

These increases represent a 20.41 percent of the firefighter's benefit rates. Statutes of 2020 (AB 84) redirected the application of the 2.5 billion General Fund CalPERS supplemental pension payment provided in the Budget Act of 2019 to achieve the most immediate savings to the general fund.

As a result, state employer contributions were supplanted (temporarily lowered) in fiscal years 2019-20, 2020-21, and 2021-22. The benefits of the supplanting pension payments drop off in 2022-23, increasing to the actuarially determined rates across all state plans. It is noted that Stations 56, 57, and 58 will have three firefighters on duty per day at each station. There will be two Battalion Chiefs to support the firefighters. In addition, two of the stations provide reserve engines. The City also benefits from CAL FIRE personnel housed proximate to the City that assists in times of need. The City/County auto aid agreement provides thirteen people a day for a fire within the City limits.

FINANCIAL IMPACT:

The Madera City Fire Department's current budget, including Measure K, contains sufficient funding to accommodate the CAL FIRE Schedule "A" fire protection services reimbursement agreement. The contract is approximately $6 million, paid for by the City's General Fund and Measure K.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 421: First Response Emergency Services: Ensure the safety and protection of Madera and its community members through adequate first response to emergencies. Maintain sufficient resources to expand protection as the community grows.

ATTACHMENTS:

1. Resolution

2. Fire Protection Reimbursement Agreement
a. Exhibit A
b. Exhibit B
c. Exhibit C
d. Exhibit D
e. Exhibit E
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING A NEW SCHEDULE “A” AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) FROM JULY 1, 2022, TO JUNE 30, 2023, FOR FIRE SERVICE OPERATIONS, AND AUTHORIZING

THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF MADERA WHEREAS, the City of Madera (CITY) contracts with the State of California, Department of Forestry and Fire Protection (CAL FIRE) to provide fire protection services as allowed under Public Resources Code Section 4142; and
WHEREAS, CAL FIRE and the CITY have entered into agreements for services since 1993, the latest of which was a one-year Schedule “A” service agreement from July 1, 2021, through June 30, 2022; and WHEREAS, the Schedule “A” agreement must be amended annually to cover each fiscal year’s costs while providing for fire service operations; and
WHEREAS, the subject agreement would extend the service agreement through June 30, 2023.

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

1. The above recitals are true and correct.

2. The City Council of the City of Madera, California approves the above-noted Schedule “A” agreement with the California Department of Forestry and Fire Protection (CAL FIRE) dated July 1, 2022 (Agreement # 4CA05856 in the amount of $6,057,566.00), a copy of which is on file in the office of the City Clerk and referred to for particulars.

3. The City Council of the City of Madera, California authorizes the Mayor, to sign and execute said Agreement on behalf of the City of Madera.

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

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
LG-1 REV. 3/2022
AGREEMENT NUMBER 4CA05856
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Madera

2. The term of this Agreement is: July 1, 2022 through June 30, 2023

3. The maximum amount of this
Agreement is:
$ 6,057,566.00
Six million, fifty seven thousand, five hundred sixty six dollars and no cents.

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 4 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C – General Terms and Conditions 7 pages
Exhibit D – Additional Provisions 9 pages
Exhibit E – Description of Other Services 1 pages

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Madera
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Santos Garcia-Mayor

ADDRESS
205 W. Fourth Street, Madera, CA 93638

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Bret Gouvea, Assistant Deputy Director, Cooperative Fire Protection, Safety, Training, and EMS ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 2

EXHIBIT A

COOPERATIVE FIRE PROGRAMS

FIRE PROTECTION REIMBURSEMENT AGREEMENT
The project representatives during the term of this agreement will be:

CAL FIRE Unit Chief: MMU Local Agency: City of Madera
Name: Mike van Loben Sels Name: Arnoldo Rodriguez-Mayor Phone: 559-675-7799 Phone: 559-661-5400
Fax: 559-673-2085 Fax: 559-674-2792
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Mike van Loben Sels Local Agency: City of Madera Section/Unit: MMU Section/Unit: City Clerk
Attention: Matthew Watson Attention: Alicia Gonzales
Address: 200 W. 4th Street
Madera,CA 93637
Address: 205 W. 4th Street
Madera, CA 93637
Phone: 559-675-7799 Phone: 559-661-5400
Fax: 559-675-2083 Fax: 559-661-2792
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

AUTHORIZATION
As used herein, Director shall mean Director of CAL FIRE. This agreement, its terms and conditions are authorized under the Public Resources Code Sections 4141, 4142, 4143 and 4144, as applicable.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 3

EXHIBIT A

SCOPE OF WORK
Under Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and fire suppression forces including the necessary equipment, personnel, and facilities required to prevent and extinguish forest fires.

The purpose of this agreement is to provide mutually advantageous fire and emergency services through an effective consolidated organization, wherein the STATE is primarily financially responsible for protecting natural resources from vegetation fires and the LOCAL AGENCY is primarily financially responsible for protecting life and property from fires and other emergencies. The LOCAL AGENCY shall have sole authority to establish the fire protection organization and structure needed to meet the determined level of service. This level of service may be based on the LOCAL AGENCY governing board’s established fiscal parameters and assessment of risks and hazards. LOCAL AGENCY personnel providing services under this agreement may include any one or a combination of the following: regular employees, persons temporarily employed and commonly known as volunteers, paid-call firefighters, or others temporarily employed to perform any emergency work or emergency service including, but not limited to fire prevention, fire suppression and emergency medical response.

To comply with the STATE’s mandate for full cost recovery of goods and services provided for others, the LOCAL AGENCY shall be responsible for all STATE costs, both direct and indirect, required to execute the terms of this agreement. These costs shall include, but not be limited to: required training and associated post coverage, employee uniform and Personal Protective Equipment (PPE) costs.

1. FIRE PROTECTION SERVICES TO BE PROVIDED BY THE STATE STATE provides a modern, full service fire protection and emergency incident management agency that provides comprehensive fire protection and other emergency incident response. STATE designs regional fire protection solutions for urban and rural communities by efficiently utilizing all emergency protection resources. Regional solutions provide the most effective method of protecting the citizens of California at local, county and state levels.

Fire protection services to be provided by STATE under this agreement shall include the following:
(check boxes below that apply)
1) Emergency Fire Protection, Medical and Rescue Response: services include commercial, residential, and wildland fire protection, prevention and investigation; hazardous materials incident response; emergency vehicle extrication; hazardous conditions response (flooding, downed power lines, earthquake, terrorist incident, etc.); emergency medical and rescue response; and public service assistance. Also included are management support services that include fire department administration, training and safety, personnel, finance and logistical support.
2) Basic Life Support Services: emergency medical technician (EMT) level emergency medical response providing first aid, basic life support (BLS), airway management, administration of oxygen, bleeding control, and life support system stabilization until patients are transported to the nearest emergency care facility.
3) Advanced Life Support Services: paramedic level emergency medical response providing early advanced airway management, intravenous drug therapy, and life support system stabilization until patients are transported to the nearest emergency care facility. 4) Dispatch Services: provide fire department 9-1-1 emergency dispatch by CAL FIRE Fire/Emergency Command Center (ECC). CAL FIRE will be responsible for fire/emergency □
Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 4
dispatching emergency resource units covered under this agreement. The CAL FIRE ECC is staffed with a Battalion Chief, three or more Fire Captains and Communications Operators to provide 24/7 year-round coverage. There is always an officer of Captain rank or higher to serve as the shift supervisor and command officer. CAL FIRE uses an integrated Computer Aided Dispatch (CAD) system using the latest technology, to direct the closest available resources to all emergency incidents.
5) Fire Code Inspection, Prevention and Enforcement Services: CAL FIRE has staff Fire Inspectors serving under the direction of the LOCAL AGENCY Fire Marshal to provide services to the area covered by this agreement. Fire Code Enforcement will normally be available five days per week, with emergency or scheduled enforcement inspections available seven days per week.

Fire Prevention and Investigation services will be provided by CAL FIRE Prevention Officers trained in arson, commercial, and wildland fire investigation. Officers are available by appointment for site visits and consultations. Officers are trained at CAL FIRE’s Peace Officer Standard Training (POST) certified law enforcement training academy and they cooperate effectively with all local, state and federal law enforcement agencies.
6) Land Use/ Pre-Fire Planning Services – CAL FIRE staff will provide community land use planning, administration of Pre-Fire project work, including community outreach, development of community education programs, project quality control, maintenance of project records and submittal of progress reports, completion of required environmental documentation, acquisition of required permits and completion of other associated administrative duties. 7) Disaster planning services (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement)
8) Specific service descriptions and staffing coverage, by station (listed in Exhibit E, Description of Other Services, attached hereto and made a part of this agreement) 9) Extended Fire Protection Service Availability (Amador)

2. ADMINISTRATION
Under the requirements of California Public Resources Code Section 4114 and other provisions of law, STATE maintains fire prevention and firefighting services as outlined in Exhibit D, Schedule B of this agreement.

A. Director shall select and employ a Region Chief who shall, under the direction of the Director/Chief Deputy Director, manage all aspects of fire prevention and fire protection services and forestry-related programs.

B. Director will select and employ a Unit Chief who shall, under the supervision and direction of Director/Region Chief or a lawful representative, have charge of the organization described in Exhibit D, Schedules A, B and C included hereto and made a part of this agreement.

C. LOCAL AGENCY shall appoint the Unit Chief as the LOCAL AGENCY Fire Chief for all Emergency Fire Protection, Medical and Rescue Response Agreements, pursuant to applicable statutory authority. The Unit Chief may delegate this responsibility to qualified staff.

D. The Unit Chief may dispatch personnel and equipment listed in Exhibit D, Schedules A, B and C from the assigned station or location under guidelines established by LOCAL AGENCY and approved by STATE. Personnel and/or equipment listed in Exhibit D, Schedule B may be dispatched at the sole discretion of STATE.
□
□
□
□
Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 5
E. The Unit Chief shall exercise professional judgment consistent with STATE policy and his or her employment by STATE in authorizing or making any assignments to emergencies and other responses, including assignments made in response to requests for mutual aid.

F. Except as may be otherwise provided for in this agreement, STATE shall not incur any obligation on the part of LOCAL AGENCY to pay for any labor, materials, supplies or services beyond the total set forth in the respective Exhibit D, Schedules A and C, as to the services to be rendered pursuant to each Schedule.

G. Nothing herein shall alter or amend or be construed to alter or amend any Collective Bargaining Agreement or Memorandum of Understanding between the State of California and its employees under the State Employer-Employee Relations Act.

3. SUPPRESSION COST RECOVERY
As provided in Health and Safety Code (H&SC) Section 13009, STATE may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using LOCAL AGENCY equipment and personnel under the terms of this agreement, STATE may, at the request of LOCAL AGENCY, bring such an action for collection of costs incurred by LOCAL AGENCY. In such a case LOCAL AGENCY appoints and designates STATE as its agent in said collection proceedings. In the event of recovery, STATE shall deduct fees and litigation costs in a proportional percentage amount based on verifiable and justifiable suppression costs for the fire at issue. These recovery costs are for services provided which are beyond the scope of those covered by the local government administrative fee.

In all such instances, STATE shall give timely notice of the possible application of H&SC Section 13009 to the representative designated by LOCAL AGENCY.

4. MUTUAL AID
When rendering mutual aid or assistance as authorized in H&SC Sections 13050 and 13054, STATE may, at the request of LOCAL AGENCY, demand payment of charges and seek reimbursement of LOCAL AGENCY costs for personnel, equipment and operating expenses as funded herein, under authority given by H&SC Sections 13051 and 13054. STATE, in seeking said reimbursement pursuant to such request of LOCAL AGENCY, shall represent LOCAL AGENCY by following the procedures set forth in H&SC Section 13052. Any recovery of LOCAL AGENCY costs, less expenses, shall be paid or credited to LOCAL AGENCY, as directed by LOCAL AGENCY.

In all such instances, STATE shall give timely notice of the possible application of H&SC Sections 13051 and 13054 to the officer designated by LOCAL AGENCY.

5. PROPERTY PURCHASE AND ACCOUNTING
LOCAL AGENCY shall be responsible for all costs associated with property required by personnel to carry out this agreement. Employee uniform costs will be assessed to the LOCAL AGENCY through the agreement billing process. Personal Protective Equipment (PPE) costs shall be the responsibility of the LOCAL AGENCY. By mutual agreement, PPE meeting the minimum specifications established by the STATE may be purchased directly by the LOCAL AGENCY. Alternately, the STATE will supply all PPE and the LOCAL AGENCY will be billed for costs incurred.

All property provided by LOCAL AGENCY and by STATE for the purpose of providing fire protection services shall be marked and accounted for by the Unit Chief in such a manner as to conform to the regulations, if any, established by the parties for the segregation, care, and use of the respective properties.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 6

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. PAYMENT FOR SERVICES
A. LOCAL AGENCY shall pay STATE actual cost for fire protection services pursuant to this agreement an amount not to exceed that set forth in Exhibit D, Schedule A for each fiscal year. STATE shall prepare an Exhibit D, Schedule A each year, which shall be the basis for payment for the entire fiscal year for which services are provided.

B. Any other funds designated by LOCAL AGENCY to be expended under the supervision of or for use by a Unit Chief for fire protection services shall be set forth in Exhibit D, Schedule C. This clause shall not limit the right of LOCAL AGENCY to make additional expenditures, whether under Exhibit D, Schedule C or otherwise.

C. STATE shall invoice LOCAL AGENCY for the cost of fire protection services on a quarterly basis as follows:
1) For actual services rendered by STATE during the period of July 1 through September 30, by an invoice filed with LOCAL AGENCY on or after December 10. 2) For actual services rendered by STATE during the period October 1 through December 31, by an invoice filed with LOCAL AGENCY on or after December 31. 3) For actual services rendered by STATE during the period January 1 through March 31, by an invoice filed with LOCAL AGENCY on or after March 31. 4) For the estimated cost of services during the period April 1 through June 30, by an invoice filed in advance with LOCAL AGENCY on or after March 1. 5) A final statement shall be filed with LOCAL AGENCY by October 1 following the close of the fiscal year, reconciling the payments made by LOCAL AGENCY with the cost of the actual services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.
6) All payments by LOCAL AGENCY shall be made within thirty (30) days of receipt of invoice from STATE, or within thirty (30) days after the filing dates specified above, whichever is later.
7) The STATE reserves the right to adjust the frequency of billing and payment to a monthly cycle with a thirty (30) day written notice to the LOCAL AGENCY when:
a. The Director predicts a cash flow shortage, or
b. When determined by the Region Chief, after consulting with the Unit Chief and the LOCAL AGENCY Contract Administrator, that the LOCAL AGENCY may not have the financial ability to support the contract at the contract level.

D. Invoices shall include actual or estimated costs as provided herein of salaries and employee benefits for those personnel employed, charges for operating expenses and equipment and the administrative charge in accordance with Exhibit D, Schedule A.

When "contractual rates" are indicated, the rate shall be based on an average salary plus all benefits. "Contractual rates" means an all-inclusive rate established in Exhibit D, Schedule A for total costs to STATE, per specified position, for 24-hour fire protection services during the period covered.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 7
E. STATE shall credit the LOCAL AGENCY, or cover behind at no cost, for the costs of Non-post (e.g. Fire Marshal, Training Officer, etc.) positions and equipment assigned to STATE responsibility fires or other STATE funded emergency incidents. The STATE shall notify the LOCAL AGENCY when this occurs.

2. COST OF OPERATING AND MAINTAINING EQUIPMENT AND PROPERTY The cost of maintaining, operating, and replacing any and all property and equipment, real or personal, furnished by the parties hereto for fire protection purposes, shall be borne by the party owning or furnishing such property or equipment unless otherwise provided for herein or by separate written agreement.

3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein.

C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 8

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. STATE will not commence performance until such approval has been obtained.

2. AMENDMENT: This agreement may be amended by mutual consent of LOCAL AGENCY and STATE. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

If during the term of this agreement LOCAL AGENCY shall desire a reduction in STATE civil service employees assigned to the organization provided for in Exhibit D, Schedule A, LOCAL AGENCY shall provide 120 days written notice of the requested reduction. Notification shall include the following: (1) The total amount of reduction; (2) The firm effective date of the reduction; and (3) The number of employees, by classification, affected by a reduction. If such notice is not provided, LOCAL AGENCY shall reimburse STATE for relocation costs incurred by STATE as a result of the reduction. Personnel reductions resulting solely from an increase in STATE employee salaries or STATE expenses occurring after signing this agreement and set forth in Exhibit D, Schedule A to this agreement shall not be subject to relocation expense reimbursement by LOCAL AGENCY.

If during the term of this agreement costs to LOCAL AGENCY set forth in any Exhibit D, Schedule A to this agreement increase and LOCAL AGENCY, in its sole discretion, determines it cannot meet such increase without reducing services provided by STATE, LOCAL AGENCY shall within one hundred twenty (120) days of receipt of such Schedule notify STATE and designate which adjustments shall be made to bring costs to the necessary level. If such designation is not received by STATE within the period specified, STATE shall reduce services in its sole discretion to permit continued operation within available funds.

3. ASSIGNMENT: This Agreement is not assignable by the LOCAL AGENCY either in whole or in part, without the consent of the STATE in the form of a formal written amendment.

4. EXTENSION OF AGREEMENT:

A. One year prior to the date of expiration of this agreement, LOCAL AGENCY shall give STATE written notice of whether LOCAL AGENCY will extend or enter into a new agreement with STATE for fire protection services and, if so, whether LOCAL AGENCY intends to change the level of fire protection services from that provided by this agreement. If this agreement is executed with less than one year remaining on the term of the agreement, LOCAL AGENCY shall provide this written notice at the time it signs the agreement and the one year notice requirement shall not apply.

B. If LOCAL AGENCY fails to provide the notice, as defined above in (A), STATE shall have the option to extend this agreement for a period of up to one year from the original termination date and to continue providing services at the same or reduced level as STATE determines would be appropriate during the extended period of this agreement. Six months prior to the date of expiration of this agreement, or any extension hereof, STATE shall give written notice to LOCAL AGENCY of any extension of this agreement and any change in the level of fire protection services STATE will provide during the extended period of this agreement.

Services provided and obligations incurred by STATE during an extended period shall be accepted by LOCAL AGENCY as services and obligations under the terms of this agreement.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 9
C. The cost of services provided by STATE during the extended period shall be based upon the amounts that would have been charged LOCAL AGENCY during the fiscal year in which the extended period falls had the agreement been extended pursuant hereto. Payment by LOCAL AGENCY for services rendered by STATE during the extended period shall be as provided in Exhibit B, Section 1, B of this agreement.

5. AUDIT: STATE, including the Department of General Services and the Bureau of State Audits, and LOCAL AGENCY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this agreement. STATE and LOCAL AGENCY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE and LOCAL AGENCY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

6. INDEMNIFICATION: Each party, to the extent permitted by law, agrees to indemnify, defend and save harmless the other party, its officers, agents and employees from (1) any and all claims for economic losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work services, materials or supplies to that party and (2) from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by that party, in the performance of any activities of that party under this agreement, except where such injury or damage arose from the sole negligence or willful misconduct attributable to the other party or from acts not within the scope of duties to be performed pursuant to this agreement; and (3) each party shall be responsible for any and all claims that may arise from the behavior and/or performance of its respective employees during and in the course of their employment to this cooperative agreement.

7. DISPUTES: LOCAL AGENCY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of LOCAL AGENCY, be available for contract resolution or policy intervention with the STATE’s Region Chief when, upon determination by the designated STATE representative, the Unit Chief acting as LOCAL AGENCY’s Fire Chief under this agreement faces a situation in which a decision to serve the interest of LOCAL AGENCY has the potential to conflict with STATE interest or policy. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the LOCAL AGENCY and STATE employees normally responsible for the administration of this agreement shall be brought to the attention of the CAL FIRE Director or designee and the Chief Executive Officer (or designated representative) of the LOCAL AGENCY for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. STATE and LOCAL AGENCY agree to continue with the responsibilities under this Agreement during any dispute.

8. TERMINATION FOR CAUSE/CANCELLATION:

A. If LOCAL AGENCY fails to remit payments in accordance with any part of this agreement, STATE may terminate this agreement and all related services upon 60 days written notice to LOCAL AGENCY. Termination of this agreement does not relieve LOCAL AGENCY from providing STATE full compensation in accordance with terms of this agreement for services actually rendered by STATE pursuant to this agreement.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 10
B. This agreement may be cancelled at the option of either STATE or LOCAL AGENCY at any time during its term, with or without cause, on giving one year’s written notice to the other party. Either LOCAL AGENCY or STATE electing to cancel this agreement shall give one year’s written notice to the other party prior to cancellation.

9. INDEPENDENT CONTRACTOR: Unless otherwise provided in this agreement LOCAL AGENCY and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE.

10. NON-DISCRIMINATION CLAUSE: During the performance of this agreement, LOCAL AGENCY shall be an equal opportunity employer and shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS) mental disability, medical condition (e.g.cancer), age (over 40), marital status, denial of family care leave, veteran status, sexual orientation, and sexual identity. LOCAL AGENCY shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. LOCAL AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. LOCAL AGENCY shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

In addition, LOCAL AGENCY acknowledges that it has obligations relating to ethics, Equal Employment Opportunity (EEO), the Fire Fighter’s Bill of Rights Act (FFBOR), and the Peace Officer’s Bill of Rights Act (POBOR). LOCAL AGENCY shall ensure that its employees comply with all the legal obligations relating to these areas. LOCAL AGENCY shall ensure that its employees are provided appropriate training.

11. TIMELINESS: Time is of the essence in the performance of this agreement.

12. COMPENSATION: The consideration to be paid STATE, as provided herein, shall be in compensation for all of STATE’s expenses incurred in the performance hereof, including travel, per Diem, and taxes, unless otherwise expressly so provided.

13. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

14. CHILD SUPPORT COMPLIANCE ACT: “For any Agreement in excess of $100,000, the LOCAL AGENCY acknowledges in accordance with Public Contract Code 7110, that:

A. The LOCAL AGENCY recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The LOCAL AGENCY, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.” Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 11

15. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

16. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY

ACT (HIPAA)
The STATE and LOCAL AGENCY have a responsibility to comply with the provisions of the 1996 Federal Health Insurance Portability and Accountability Act (HIPAA) and the 2001 State Health Insurance Portability and Accountability Implementation Act. HIPAA provisions become applicable once the association and relationships of the health care providers are determined by the LOCAL AGENCY. It is the LOCAL AGENCY’S responsibility to determine their status as a “covered entity” and the relationships of personnel as “health care providers”, “health care clearinghouse”, “hybrid entities”, business associates”, or “trading partners”. STATE personnel assigned to fill the LOCAL AGENCY’S positions within this Agreement, and their supervisors, may fall under the requirements of HIPAA based on the LOCAL AGENCY’S status. It is the LOCAL AGENCY’S responsibility to identify, notify, train, and provide all necessary policy and procedures to the STATE personnel that fall under HIPAA requirements so that they can comply with the required security and privacy standards of the act.

17. LIABILITY INSURANCE
The STATE and LOCAL AGENCY shall each provide proof of insurance in a form acceptable to the other party at no cost one to the other, to cover all services provided and use of local government facilities covered by this agreement. If LOCAL AGENCY is insured and/or self-insured in whole or in part for any losses, LOCAL AGENCY shall provide a completed Certification of Self Insurance (Exhibit D, Schedule E) or certificate of insurance, executed by a duly authorized officer of LOCAL AGENCY. Upon request of LOCAL AGENCY the STATE shall provide a letter from DGS, Office Risk and Insurance Management executed by a duly authorized officer of STATE. If commercially insured in whole or in part, a certificate of such coverage executed by the insurer or its authorized representative shall be provided.

Said commercial insurance or self-insurance coverage of the LOCAL AGENCY shall include the following:

A. Fire protection and emergency services - Any commercial insurance shall provide at least general liability for $5,000,000 combined single limit per occurrence.

B. Dispatch services – Any commercial insurance shall provide at least general liability for $1,000,000 combined single limit per occurrence.

C. The CAL FIRE, State of California, its officers, agents, employees, and servants are included as additional insured’s for purposes of this contract.

D. The STATE shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed on page 2 of this agreement.

18. WORKERS COMPENSATION: (only applies where local government employees/volunteers are supervised by CAL FIRE, as listed in Exhibit D Schedule C. STATE contract employees’ workers compensation is included as part of the contract personnel benefit rate).

A. Workers' Compensation and related benefits for those persons, whose use or employment is contemplated herein, shall be provided in the manner prescribed by California Labor Codes, State Interagency Agreements and other related laws, rules, insurance policies, collective bargaining agreements, and memorandums of understanding.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 12
B. The STATE Unit Chief administering the organization provided for in this agreement shall not use, dispatch or direct any non STATE employees, on any work which is deemed to be the responsibility of LOCAL AGENCY, unless and until LOCAL AGENCY provides for Workers' Compensation benefits at no cost to STATE. In the event STATE is held liable, in whole or in part, for the payment of any Worker's Compensation claim or award arising from the injury or death of any such worker, LOCAL AGENCY agrees to compensate STATE for the full amount of such liability.

C. The STATE /LOCAL AGENCY shall receive proof of Worker’s Compensation coverage and shall be notified of any cancellation and change of coverage at the addresses listed in Section 1.

19. CONFLICT OF INTEREST: LOCAL AGENCY needs to be aware of the following provisions regarding current or former state employees. If LOCAL AGENCY has any questions on the status of any person rendering services or involved with the Agreement, the STATE must be contacted immediately for clarification.

Current State Employees (Public Contract Code §10410):
1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Public Contract Code §10411):
1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If LOCAL AGENCY violates any provisions of above paragraphs, such action by LOCAL AGENCY shall render this Agreement void. (Public Contract Code §10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Public Contract Code §10430 (e))

20. LABOR CODE/WORKERS' COMPENSATION: LOCAL AGENCY needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and LOCAL AGENCY affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

21. AMERICANS WITH DISABILITIES ACT: LOCAL AGENCY assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 13
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

22. LOCAL AGENCY NAME CHANGE: An amendment is required to change the LOCAL AGENCY’S name as listed on this Agreement. Upon receipt of legal documentation of the name change the STATE will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

23. RESOLUTION: A county, city, district, or other local public body must provide the STATE with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

24. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the LOCAL AGENCY shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

25. AFFIRMATIVE ACTION. STATE certifies its compliance with applicable federal and State hiring requirements for persons with disabilities, and is deemed by LOCAL AGENCY to be in compliance with the provisions of LOCAL AGENCY’S Affirmative Action Program for Vendors.

26. DRUG AND ALCOHOL-FREE WORKPLACE. As a material condition of this Agreement, STATE agrees that it and its employees, while performing service for LOCAL AGENCY, on LOCAL AGENCY property, or while using LOCAL AGENCY equipment, shall comply with STATE’s Employee Rules of Conduct as they relate to the possession, use, or consumption of drugs and alcohol.

27. ZERO TOLERANCE FOR FRAUDULENT CONDUCT IN LOCAL AGENCY SERVICES.

STATE shall comply with any applicable “Zero Tolerance for Fraudulent Conduct in LOCAL AGENCY Services.” There shall be “Zero Tolerance” for fraud committed by contractors in the administration of LOCAL AGENCY programs and the provision of LOCAL AGENCY services.

Upon proven instances of fraud committed by the STATE in connection with performance under the Agreement, the Agreement may be terminated consistent with the termination for cause/cancellation term, Exhibit C, section 8, subsection B, of Cooperative Fire Programs Fire Protection Reimbursement Agreement, LG-1, between the California Department of Forestry and Fire Protection (CAL FIRE) and the LOCAL AGENCY.

28. CONFIDENTIAL INFORMATION. “Confidential information” means information designated by CAL FIRE and/or the LOCAL AGENCY disclosure of which is restricted, prohibited or privileged by State and federal law. Confidential Information includes, but is not limited to, information exempt from disclosure under the California Public Records Act (Government Code Sections 6250 et seq.) Confidential Information includes but is not limited to all records as defined in Government Code section 6252 as well as verbal communication of Confidential Information.

Any exchange of Confidential Information between parties shall not constitute a “waiver” of any exemption pursuant to Government Code section 6254.5
CAL FIRE and LOCAL AGENCY personnel allowed access to information designated as Confidential Information shall be limited to those persons with a demonstrable business need for such access. CAL FIRE and LOCAL AGENCY agree to provide a list of authorized personnel in writing as required by Government Code section 6254.5(e). CAL FIRE and the LOCAL Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 14
AGENCY agree to take all necessary measures to protect Confidential Information and shall impose all the requirements of this Agreement on all of their respective officers, employees and agents with regards to access to the Confidential Information. A Party to this Contract who experiences a security breach involving Confidential Information covered by this Contract, agrees to promptly notify the other Party of such breach

29. ENTIRE AGREEMENT: This agreement contains the whole agreement between the Parties. It cancels and supersedes any previous agreement for the same or similar services.

Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 15

EXHIBIT D

ADDITIONAL PROVISIONS
EXCISE TAX: State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. STATE will pay any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this agreement. The STATE may pay any applicable sales and use tax imposed by another state.

Schedules
The following Schedules are included as part of this agreement (check boxes if they apply):

A. Fiscal Display, PRC 4142 AND/OR PRC 4144 - STATE provided LOCAL AGENCY funded fire protection services. STATE-owned vehicles shall be operated and maintained in accordance with policies of STATE at rates listed in Exhibit D, Schedule A.

B. STATE Funded Resource - A listing of personnel, crews and major facilities of the STATE overlapping or adjacent to the local agency area that may form a reciprocal part of this agreement.

C. LOCAL AGENCY Provided Local Funded Resources - A listing of services, personnel, equipment and expenses, which are paid directly by the local agency, but which are under the supervision of the Unit Chief.

D. LOCAL AGENCY Owned STATE Maintained Vehicles - Vehicle information pertaining to maintenance responsibilities and procedures for local agency-owned vehicles that may be a part of the agreement.

LOCAL AGENCY-owned firefighting vehicles shall meet and be maintained to meet minimum safety standards set forth in Title 49, Code of Federal Regulations; and Titles 8 and 13, California Code of Regulations.

LOCAL AGENCY-owned vehicles that are furnished to the STATE shall be maintained and operated in accordance to LOCAL AGENCY policies. In the event LOCAL AGENCY does not have such policies, LOCAL AGENCY-owned vehicles shall be maintained and operated in accordance with STATE policies. The cost of said vehicle maintenance and operation shall be at actual cost or at rates listed in Exhibit D, Schedule D.

Exhibit D, Schedule D is incorporated into this section if LOCAL AGENCY-owned vehicles listed in Exhibit D, Schedule D are to be operated, maintained, and repaired by STATE.

LOCAL AGENCY assumes full responsibility for all liabilities associated therewith in accordance with California Vehicle Code Sections 17000, 17001 et seq. STATE employees operating LOCAL AGENCY-owned vehicles shall be deemed employees of LOCAL AGENCY, as defined in Vehicle Code Section 17000. Except where LOCAL AGENCY would have no duty to indemnify STATE under Exhibit C, Section 6 for all LOCAL AGENCY-owned vehicles operated or used by employees of STATE under this agreement. □
□
Contractor Name: City of Madera
Contract No.: 4CA05856
Page No.: 16
LOCAL AGENCY employees, who are under the supervision of the Unit Chief and operating STATE-owned motor vehicles, as a part of the duties and in connection with fire protection and other emergency services, shall be deemed employees of STATE, as defined in Vehicle Code Section 17000 for acts or omissions in the use of such vehicles. Except where STATE would have no duty to indemnify LOCAL AGENCY under Exhibit C, Section 6.

E. Certification of Insurance - Provider Insurance Certification and/or proof of selfinsurance.

(LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 17

EXHIBIT D, SCHEDULE A
LOCAL FUNDED – STATE RESOURCES

FISCAL DISPLAY
PRC 4142
NAME OF LOCAL AGENCY: City of Madera
CONTRACT NUMBER: 4CA05856
Index: 4200 PCA: 47920 Fiscal Year: 2022/23 to 2022/23
This is Schedule A of Cooperative Agreement originally dated July 1, 2022, by and between CAL FIRE of the State of California and LOCAL AGENCY.
(See Attached)
Unit: MMU
Agreement Total $6,057,566 4CA05856
PS 1 Total $5,948,942
OE 1 Total $108,624
TOTAL $6,057,566
Fiscal Year 22/23
Contract Name: City of Madera
Contract No.:

Page No.: 18
Fiscal Year: 2022 Sub Total $5,311,081
Index: 4200 Unit: MMU Admin $637,861
PCA 47920 Total $5,948,942 4CA05856
PRC: 4142
Comments Overtime Total: $245,428
Number of
Positions Classification/ad-ons (Pick From List) RET. Period Salary Months Salary
Rate Total Salary EDWC Rate EDWC Periods Total EDWC Salary Benefits FFI UI EDWC Benefits Total Salary &
EDWC
Total Position
Cost
2 Battalion Chief (Nonsupervisory) POF 12 $6,983 $167,592 $4,061 12 $97,464 $158,257 $0 $59,755 $483,068 $486,568 1 Hazmat Pay Differential POF 12 $150 $1,800 $0 $1,700 $0 $3,500 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
7 Fire Captain, Range A POF 12 $6,017 $505,428 $3,505 12 $294,420 $477,276 $0 $180,509 $1,457,633 $1,501,113 4 Hazmat Pay Differential POF 12 $150 $7,200 $0 $6,799 $0 $13,999 3 Longevity Pay Differential - 7% POF 12 $0 $15,163 $0 $14,318 $0 $29,481 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
9 Fire Apparatus Engineer POF 12 $5,362 $579,096 $3,128 12 $337,824 $546,840 $0 $207,120 $1,670,880 $1,697,136 5 Hazmat Pay Differential POF 12 $150 $9,000 $0 $8,499 $0 $17,499 1 Longevity Pay Differential - 7% POF 12 $0 $4,504 $0 $4,253 $0 $8,757 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
7 Fire Fighter II POF 12 $4,834 $406,056 $2,824 12 $237,216 $383,439 $0 $145,437 $1,172,148 $1,172,148 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0

1.5 Communications Operator, Range A SAF 12 $5,633 $101,394 $0 0 $0 $64,750 $0 $0 $166,144 $171,257

1.5 Night-Shift Pay Differential SAF 12 $173 $3,120 $0 $1,992 $0 $5,112 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0

0.5 Office Assistant (General), Range A MIS 12 $3,488 $20,928 $0 0 $0 $16,504 $0 $0 $37,432 $37,432 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
Overtime $0 $0 $0 $0
$0 $0 $0 0 $0 $0 $0 $0 $0 $245,428
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0
28 Overtime POF $241,920 $0 $3,508 $0 $245,428
This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between City of Madera and The California Department of Forestry and Fire Protection (CAL FIRE) Contract Name: City of Madera
Contract No.:

Page No.: 19
CAL FIRE Unit Chief
CAL FIRE Region Chief
Mike van Loben Sels
David Fulcher
I I I
I I I
-
Fiscal Year: 2022 $772
Index: 4200 $96,977
PCA: 47920 $11,647
PRC: 4142 $108,624 20
Comments

1.45%
Category (Pick from List) Details Number Months Rate Sub-Total Uniform Benefits Total UNIFORM ALLOWANCE FOR BU8 25.00 12.00 $178 $ 53,250 $ 54,022 772 $ UNIFORM ALLOWANCE FOR COMM OP 1.50 12.00 $104 $ 1,875 0 $ 1,875 GENERAL EXPENSE 1.00 1.00 $10000 $ 10,000 0 $ 10,000
COMMUNICATIONS 1.00 12.00 $500 $ 6,000 0 $ 6,000
UTILITIES 1.00 12.00 $90 $ 1,080 0 $ 1,080
TRAINING 1.00 12.00 $1000 $ 12,000 0 $ 12,000
TRAVEL 1.00 1.00 $6000 $ 6,000 0 $ 6,000
OTHER ITEMS OF EXPENSE Safety Gear 1.00 1.00 $6000 $ 6,000 0 $ 6,000 $ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
$ - 0 $ -
4CA05856
City of Madera
Total Page No.:

This is a Schedule A - 4142 of the Cooperative Agreement, dated July 1, 2022 between City of Madera and The California Department of Forestry and Fire Protection (CAL FIRE) Uniform Benefits Contract Name:

Sub Total
Admin Contract No.:

I
(LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 21

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY:City of Madera
This is Schedule C of Cooperative Agreement originally dated July 1, 2022, by and between CAL FIRE of the State of California and LOCAL AGENCY.

FISCAL YEAR: 2022/23 to 2022/23
(See Attached)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 22

EXHIBIT D, SCHEDULE C

LOCAL FUNDED LOCAL RESOURCES

ASSIGNED TO THE CAL FIRE UNIT
NAME OF LOCAL AGENCY: City of Madera
This is Schedule C of Cooperative Agreement originally dated July 1, 2022 by and between CAL FIRE of the State of California and City of Madera.

FISCAL YEAR: 2022-2023
Fire Stations:

Madera City Station 56
Madera City Station 57
Madera City Station 58

Equipment:
2-Pick up Trucks
 2017 Ford F-250 (B10)
 2006 Chevy 1500 (Utility7)

5-Fire Engines
 2016 Spartan (E-56)
 2008 Spartan (E-57)
 2002 Spartan (E-258)
 2009 Ferrara (E-656)
 1990 Grumman (E-257)
1-Ladder Truck
 2017 Rosenbauer 105’ Aerial

1 - Portable Air Unit
(LG1 REV. 01/2017)
Contractor Name: City of Madera
Contract No: 4CA05856
Page No.: 23

EXHIBIT D, SCHEDULE E
This is Schedule E of Cooperative Agreement originally dated July 1, 2022, by and between the CAL FIRE of the State of California and LOCAL AGENCY
NAME OF LOCAL AGENCY:City of Madera
The CAL FIRE, State of California and its officers, agents, employees, and servants are included as additional insured for the purposes of this contract. The State shall receive thirty (30) days prior written notice of any cancellation or change to the policy at the addresses listed in LG1,

Page 2 ends

Madera City CouncilJune 15, 2022

Madera City Council
June 15, 2022