Madera City Council
August 17, 2022

Goals & Performance Measures
The following IS Department strategic projects are the main goals for this year (FY 2022/23). They either enable better service delivery citywide, mitigate a potentially critical issue, or create the potential for significant citywide savings.

Information Services plans to achieve the following:
 Finalize the implementation of the Munis Customer
Self Service and MunisIncident Management to allow
the public to interact directly with City departments
to pay bills, report issues such as animal control
complaints, potholes, and many more features.
 Finalize the implementation of installing security
cameras for Engineering, the Airport, Public Works,
and City Hall.
 Upgrade Munis to the latest available software
version via their product roadmap, work through any
issues, and maintain a current patching schedule
going forward.
 Finalize the implementation of a geographic
information system server for use with the Munis ERP
programs and enable staff to maximize the use of the
field worker apps that are part of the new ERP
software.
 Implement A.I. Intrusion detection security software
to for increased protection from cyberattacks.
 Finalize the transition of all possible City staff to a transient workforce whereby jobs can be completed
from remote locations if necessary and thereby
lessen the impact of a future evacuation crisis.
 Protect the Wastewater and Water department
servers with hardware firewalls for increased
security, along with allowing remote view access.
 Explore better securing city buildings with physical
keycard access at City Hall.
 Server replacements for aging hardware in Public
Works and the Police Department.
 Partial replacement of the aging phone system to a
new system the is more computer integrated and will
provide better offsite connectivity.
 Continue to add additional security cameras at Public Works, and other City facilities.
 Research and implement the best practicesrelated to
information services and innovation in both software
and hardware.
 Recommend new technology that will help support
the City’s service delivery and communication with
the public.
 Continue to support City departments with all aspects of their technology needs in a timely and effective
manner.
2022/2023 Operating Budget | City of Madera 287
Department Fund Summary
The Information Services Department is responsible for two distinct budgets:

Computer Operations and Maintenance
The Computer Operations and Maintenance budget provide
for servicing and maintenance of all technological equipment owned by the City. All City departments are supported by minimizing costs, maximizing uptime, the regular refreshing of equipment, updating ofsoftware, and the use ofsupport tools.

Computer and Equipment Replacement
The Information Systems Computer and Equipment
Replacement budget is a fully‐funded internal service fund. All current Information Services equipment has been inventoried, assigned a replacement value, and assigned a replacement lifecycle. This will ensure that costs are allocated to departments correctly and that all IS assets will be funded and regularly replaced. A replacement fund is maintained to ensure funds are available when needed. Pro‐rated annual contributions are made by the departments to this fund based on capital cost and expected life of the equipment.

Methods of Maximizing City Funds
With the constantly changing nature of technology, it is imperative that the department focuses not only on new
technology but on maximizing the actual return of value for expenditures as the technology is implemented.

Information Services are applying the following methods for maximizing value in the 2022/23 FY:
 Repurposing old servers for non‐critical applications. (Approximate savings of $50,000)
 Refreshing and repurposing desktops for computer
labs and low‐use computers. (Approximate savings of
$30,000)
 In‐house design and buildout of remote camera
solution. (Approximate savings of $30,000)
 General In‐house design, installation, repair, and
upgrades (Approximate savings of $20,000 ‐ $30,000)
 Self‐warranties on serviceable and non‐critical
equipment (Approximate savings of $35,000)
 Reusing the Storage Area Network for fast off‐site
backups (Approximate savings of $50,000)
 Competitive bidding and individualized quotes
(Approximate savings of $100,000 ‐150,000)
 Routine preventative maintenance (Savings are
undeterminable)
 Preventative user phishing training, timely security
patches, A.I. Virus Protection, and Firewall
configuration updating. (Savings are undeterminable
and substantial)
 Timing purchases to stock availability and anticipated market fluctuations. (Approximate savings of
$25,000)
 Designed and implementing a hybrid virtual City
Council meeting system for a fraction of the cost that
other cities are spending for the same functionality.
(Approximate savings of $235,000)
Department Staffing & Structure
The Information Services Manager is a department head level position and reports directly to the City Manager. All other members of the Information Services Department report
directly to the Information Services Manager. The other positions include two Network Administrators and two
Network Technicians.

City of Madera | 2022/2023 Operating Budget 288
(30720000)
Actual Actual Budgeted 11Mo Actual Projection Budgeted
2018/19 2019/20 2020/21 2020/21 2020/21 2021/22
40-Interfund Charges
4350-Interfund Chg Computer Replace 1,294,129 1,312,910 1,294,129 1,281,605 1,294,129 1,312,910 Total 40-Interfund Charges $1,294,129 $1,312,910 $1,294,129 $1,281,605 $1,294,129 $1,312,910 49-Transfers In
4355-Transfer-In - - - 650,000 - -
Total 49-Transfers In $0 $0 $0 $650,000 $0 $0
Total Revenues $1,294,129 $1,312,910 $1,294,129 $1,931,605 $1,294,129 $1,312,910 50-Salaries & Benefits
5000-Salaries / Full-Time 371,591 348,122 336,450 335,639 336,450 326,514 5005-Salaries / Part-time - 12,702 - - - 13,084
5100-Salaries / Overtime 2,296 7,577 7,000 2,654 7,000 5,000 5105-Salaries - Leave Payout 9,869 8,705 4,325 277 4,325 4,441 5200-Salaries - Auto & Expense Allo 1,330 891 900 866 900 900 5300-Public Employees Retirement Sy 103,901 42,396 42,440 44,596 42,440 41,907 5302-Long Term Disability Insurance - 32 1,136 1,107 1,136 1,061 5303-Life Insurance Premiums - 7 313 305 313 291
5304-Workers Compensation Insurance 38,713 37,259 31,650 34,636 31,650 29,835 5305-Medicare Tax- Employer's Share 5,804 5,649 5,230 5,103 5,230 4,998 5306-Unfunded Accrued Liability - 67,787 75,374 81,417 75,374 88,598 5307-Deferred Comp/Part-Time - 458 - - - 472
5308-Deferred Compensation/Full-tim 11,229 9,111 8,444 9,119 8,444 8,655 5309-Unemployment Insurance 1,050 1,103 840 744 840 700 5310-Section 125 Benefit Allow. 75,402 80,069 73,356 71,465 73,356 69,579 6779-Pension Expense-GASB 68 103,144 40,942 103,144 - 103,144 - Total 50-Salaries & Benefits $725,952 $674,825 $690,602 $587,928 $690,602 $596,035 53-Materials & Services
6402-Telephone & Fax Charges 16,635 8,088 8,500 9,373 8,718 8,500 6416-Office Supplies/Expendable 635 983 750 65 750 750
6420-Mileage Reimbursements - - 350 - 350 -
6425-Vehicle Fuel, Supplies & Maint 9 89 200 96 200 -
6440-Contracted Services 233,893 214,365 239,750 214,064 239,750 214,400 6530-Conference/Training/Ed 4,650 4,954 9,000 6,125 9,000 5,250 6532-Maintenance/Other Supplies - 10,622 2,000 595 2,000 2,176 Total 53-Materials & Services $256,624 $241,245 $260,550 $230,318 $260,768 $231,076 54-Interfund Charges
6900-Interfund Chg Facility Maint. 13,972 14,510 13,972 13,972 13,972 14,510 6902-Interfund Chg Central Supply - 43 - - - 43
6904-Interfund Chg Admin OH 64,485 64,485 64,485 59,873 64,485 64,485 6907-Interfund Chg Vehicle Replace 1,400 1,400 1,400 1,400 1,400 1,867 6908-Interfund Chg Vehicle Maint. 2,033 1,888 2,033 2,033 2,033 1,964 6918-Interfund Chg Comp Maint 21,297 21,681 21,297 21,297 21,297 21,681 6920-Interfund Chg Computer Replace 6,709 6,709 6,709 6,709 6,709 6,709 6923-Interfund Chg Software 1,433 2,640 1,433 1,124 1,433 2,640 6924-Interfund Chg Motor Rental 1,685 - 1,685 1,685 1,685 132 Total 54-Interfund Charges $113,014 $113,356 $113,014 $108,093 $113,014 $114,031 60-Capital Outlay
6602-Capitalized Asset Contra Accou (21,615) (102,458) - - - - 7000-Vehicles and Equipment 226,568 206,736 256,073 249,751 325,644 232,000 7025-Software Cost 58,520 104,908 67,850 65,367 72,296 81,600 Total 60-Capital Outlay $263,473 $211,270 $323,923 $306,046 $397,940 $313,600 61-Depreciation
6600-Depreciation / Replacement 61,533 76,313 61,533 - 61,533 - Total 61-Depreciation $61,533 $76,313 $61,533 $0 $61,533 $0 2022/2023 Operating Budget | City of Madera 289
Computer Acquisition/Maint.
(30720000)
Actual Actual Budgeted 11Mo Actual Projection Budgeted
2018/19 2019/20 2020/21 2020/21 2020/21 2021/22
63-Transfer Out
8220-Transfers Out - Insurance Rese 9,899 - 9,899 8,249 9,899 10,097 Total 63-Transfer Out $9,899 $0 $9,899 $8,249 $9,899 $10,097 Total Expenses $1,430,495 $1,317,009 $1,459,521 $1,240,634 $1,533,756 $1,264,839 Total 30720000-Computer Acquisition/Maint.

Net Surplus/(Deficit)
($136,366) ($4,099) ($165,392) $690,971 ($239,627) $48,071 City of Madera | 2022/2023 Operating Budget 290
Computer Acquisition/Maintenance
CITY
DEBT
Debt Service
The City Council established a Debt Management Policy on October 18, 2017 by adopting Resolution 17‐163. The Debt Policy provides guidance in the issuance and management of debt and compliance with Government Code (GC) 8855(i).   Consistent with the requirements of GC 8855(i), the policy includes the purpose of the debt, type of debt that may be issued, relation of the debt to the capital improvement plan (if applicable), policy goals and internal control procedures to ensure that the proceeds of the debt issuance will be directed to the intended use.

The policy provides guidance for maintaining sound financial position while designing the debt issuance. The goals of the policy include ensuring flexibility in response to future service demands, changing revenue streams, fluctuations in operating expenses and meeting capital improvement objectives. Long‐term debt may be issued to finance or refinance the construction, acquisition, and rehabilitation of capital improvements, equipment, and land. All debt must be approved by the City Council. Short‐term debt may be issued for operational cash flow or short‐lived assets. The issuance of debt must not constitute an unreasonable burden to taxpayers, ratepayers or constituents.

A summary of the City’s debt service obligations due during the fiscal year 2023 and included in this budget is presented Schedule A below. A detailed discussion of each of the related debt obligations are presented in the City’s audited Annual Comprehensive Financial Report. A copy can be viewed online at the city website. A hard copy is available at the City Clerk’s office in City Hall.

Summary of CityDebt Service For Fiscal Year 2023 (ScheduleA) Fund Issuance Principal Interest Total
General Fund 2019 Solar Energy Lease $810,000 $505,220 $1,315,220 General Fund 2018 Police Facility Loan $114,400 $10,648 $125,048 General Fund 2019 LRBs (Fire Station) $145,000 $162,600 $307,600 Total General $1,069,400 $678,468 $1,747,868
Water
Enterprise
2015 Water/Wastewater
Refunding Revenue Bonds
$ 85,000 $57,905 $142,905
Water
Enterprise
2019 Water Refunding
Revenue Bonds
$435,546 $203,439 $638,985
Total Water $520,546 $261,344 $781,890
Sewer
Enterprise
2021 BBVA Loan $379,000 $142,443 $521,443
Sewer
Enterprise
2015 Water/Wastewater
Refunding Revenue Bonds
$1,210,000 $801,605 $2,011,605
Total Sewer $1,589,000 $944,048 $2,533,048
City of Madera | 2022/2023 Operating Budget 292
Airport
Enterprise
2007 Hangar Loan $27,180 $1,300 $28,480
Golf Course
Enterprise
2018 Commercial Loan $316,100 $12,744 $328,844
Total Debt
Service
$3,522,227 $1,897,904 $5,420,130
2022/2023 Operating Budget | City of Madera 293

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City of Madera | 2022/2023 Operating Budget 294

CAPITAL FUNDS &

PROJECTS
Change from 2022/23
Actual Actual Budgeted Budgeted Dollar Pct % of
Street Road CAP Org List 2019/20 2020/21 2021/22 2022/23 Change Chg Total 70000000-Roads/Streets Capital Project 1,119,222 1,003,500 - - #.0% #.0% 70104300-General Capital Projects 5,514,585 9,366,296 6,159,333 1,315,220 (4,844,113) -78.6% 100.0% Total Street Road CAP 6,633,807 10,369,796 6,159,333 1,315,220 (4,844,113) -78.6% 100% Change from 2022/23
Actual Actual Budgeted Budgeted Dollar Pct % of
Capital Assets Org List 2019/20 2020/21 2021/22 2022/23 Change Chg Total 70500000-Water Capital Projects 6,829 28,308 - - #.0% #.0% 71000000-Sewer Capital Projects 32,113 5,405 - - #.0% #.0% Total Capital Assets 38,942 33,713 - - #.0% 0%
Total $6,672,749 $10,403,509 $6,159,333 $1,315,220 ($4,844,113) -78.6% 100% Change from 2022/23
Actual Actual Budgeted Budgeted Dollar Pct % of
70000000-Roads/Streets Capital
Project Category Expenditures
2019/20 2020/21 2021/22 2022/23 Change Chg Total
60-Capital Outlay 1,119,222 1,003,500 - - #.0% #Error
Total 70000000-Roads/Streets Capital
Project-70000000
1,119,222 1,003,500 - - #.0% #Error
Change from 2022/23
Actual Actual Budgeted Budgeted Dollar Pct % of
70104300-General Capital Projects
Category Expenditures
2019/20 2020/21 2021/22 2022/23 Change Chg Total
58-Special Payments 310,525 538,266 1,315,353 1,315,220 (133) .0% 100.0% 60-Capital Outlay 5,204,060 8,828,030 4,843,980 - (4,843,980) -100.0% .0% Total 70104300-General Capital Projects701043005,514,585 9,366,296 6,159,333 1,315,220 (4,844,113) -78.6% 100% Change from 2022/23
Actual Actual Budgeted Budgeted Dollar Pct % of
70500000-Water Capital Projects
Category Expenditures
2019/20 2020/21 2021/22 2022/23 Change Chg Total
60-Capital Outlay 6,829 28,308 - - #.0% #Error
Total 70500000-Water Capital Projects705000006,829 28,308 - - #.0% #Error Change from 2022/23
Actual Actual Budgeted Budgeted Dollar Pct % of
71000000-Sewer Capital Projects
Category Expenditures
2019/20 2020/21 2021/22 2022/23 Change Chg Total
60-Capital Outlay 32,113 5,405 - - #.0% #Error
Total 71000000-Sewer Capital Projects7100000032,113 5,405 - - #.0% #Error City of Madera | 2022/2023 Operating Budget 296
Capital Improvement Program
City of Madera, California

PROJECTS BY DEPARTMENT
'22/'23 thru '26/'27
Department Project # '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total Airport
AIP-0028 T-Hangar Development Phase 1 AIP-0028 0 0
AIP-0029 Tee Hangar Development Const-II AIP-0029 0 0 0 0 0 0 AIP-0031 Apron & Taxiway Drainage AIP-0031 1,087,000 1,087,000 AIP-0034 Commercial Hangar Develp Extend-III AIP-0034 0 0 AIP-0040 RUNWAY 12-30 MILL AND FILL AIP-0040 297,000 3,213,000 3,510,000 AIP-0042 Taxiway Mill & Fill AIP-0042 297,000 297,000
AIP-0043 Airport Layout Plan AIP-0043 125,000 125,000
Airport Layout Plan Narrative AIP-0045 110,000 110,000
Airport Total 1,087,000 594,000 3,213,000 125,000 110,000 5,129,000 Community Development
CD-00001 City Hall Relocation & Expansion CD-00001 500,000 500,000 Community Development Total 500,000 500,000
Engineering
SD-000998 SE Quad Storm Drain Improvements SD-000998 17,500,000 17,500,000 SD-000997 NW Quad Storm Drain Improvement SD-000997 7,400,000 7,400,000 SD-00017 G St Storm Drain Improvements SD-00017 118,410 51,590 1,361,500 1,531,500 S-000999 Reimbursements - Sewer Construction S-000999 100,000 100,000 S-000998 Northwest Quad Sewer Improvement S-000998 352,000 352,000 S-000997 Northeast Quad Sewer Improvement S-000997 208,602 208,602 S-000996 Southeast Quad Sewer Improvement S-000996 455,000 455,000 S-000995 Road 28 Sewer Loan Repayment S-000995 4,000 4,000 4,000 4,000 311,676 327,676 S-000012 Schnoor Ave Trunk Sewer Rehab S-000012 80,000 525,000 605,000 SD-13-PX Retention Basin Land Acquisition SD-13-PX 70,000 40,000 40,000 40,000 190,000 R-000094 Sidewalk Improvements Var Locations R-000094 1,477,500 1,294,000 2,771,500 SS-00008 2018 Sewer Manhole Project SS-00008 150,000 150,000 R-000093 Washington School Sidewalks CMAQ R-000093 376,500 376,500 R-000095 Downtown Main Street Plan R-000095 98,600 98,600 SS-00010 Airport Lift Station Pumps Replacement SS-00010 180,000 180,000 S-STDY-2 Sewer Asset Mgmt Software S-STDY-2 75,000 75,000 S-STDY-1 Sewer System Assess/Rehab S-STDY-1 140,563 140,563 SS-00015 SEWER LIFT STATION R&R SS-00015 170,000 170,000 SS-00014 Avenue 13 Sewer Trunk Main Rehabilitation SS-00014 5,810,000 10,000 10,000 10,000 3,350,000 9,190,000 SS-00013 Pecan Ave Parallel Sewer Main SS-00013 1,351,061 1,351,061 SS-00006 Fairgrounds Liftstation-VFD SS-00006 630,000 630,000 SS-00011 Mainberry Sewer - Howard to Sunset SS-00011 450,000 450,000 SD-14-P11 Granada Dr/Ave 12.5 Retention Basin SD-14-P11 100,000 100,000 SS-00009 2018 Sewer Repairs SS-00009 1,245,000 1,245,000 R-000072 Ave 17/Sharon Blvd Improvements R-000072 5,310,910 5,310,910 SS-00007 Airport Lift Station Force Main Study SS-00007 24,000 24,000 R-000087 Almond/Pine/Stadium Traffic Study R-000087 120,000 120,000 SS-00000 Engineering Support for Sewer Projects SS-00000 29,125 28,500 28,500 28,500 28,500 143,125 SD-15-P7 Ellis St/Krohn St Retention Basin SD-15-P7 100,000 100,000 Capital Improvement Plan - FINAL FY22/23 Page 1 Thursday, August 11, 2022 Department Project # '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total SS-00012 Doubletree Sewer - Westberry to Liberty SS-00012 322,875 322,875 R-000037 Raymond Rd Shoulder-n/o Cleveland R-000037 88,827 262,300 351,127 ALY-0001 Torres Way Alley Paving ALY-0001 219,230 219,230 ALY-0003 2021 CMAQ Alley Paving Project ALY-0003 677,950 677,950 B-000002 Westberry Bridge Construction B-000002 1,250,000 11,500 200,000 1,461,500 B-000004 BPMP Rehab/Repair of 3 Bridges B-000004 230,000 230,000 B-000005 Granada Pedestrian Bridge B-000005 245,000 185,000 2,070,000 2,500,000 CD-00002 Engineering Front Counter ADA Upgrades CD-00002 25,000 25,000 ENG A Federal/State-Local Match ENG A 0 80,000 80,000 80,000 80,000 320,000 ENG F CIP Engineering ENG F 559,000 576,000 593,000 611,000 629,000 2,968,000 ENG-000C Traffic Warrants ENG-000C 25,000 25,000 25,000 25,000 25,000 125,000 ENG-000G Micro-Paver Distress Survey ENG-000G 100,000 100,000 MUP-UDII Master Utility Plan Update, II MUP-UDII 1,050,000 1,050,000 R-000010 Olive Ave Widening-Gateway to Knox R-000010 7,088,000 7,088,000 R-000080 RMRA Seals/Overlays 2022-23 R-000080 2,100,000 2,100,000 R-000032 UPPR Crossing - Street Approach R-000032 80,000 80,000 80,000 80,000 80,000 400,000 R-000084 Pedestrian Facilities, Various Locations R-000084 12,935 12,935 R-000041 Concrete Projects - Share Program R-000041 20,000 20,000 20,000 20,000 20,000 100,000 R-000046 Lake St Widening-Fourth to Cleveland R-000046 400,000 400,000 7,200,000 8,000,000 R-000050 Pine St Reconstr-Howard to Fourth St R-000050 40,000 10,000 540,000 590,000 R-000054 Cleveland Ave Widen-Schnoor to SR99 R-000054 360,000 4,000,000 4,360,000 R-000057 Lake-Fourth-Central Intersection R-000057 1,177,000 15,500 1,192,500 R-000058 Schnoor Ave Sidewalk-Sunset to River R-000058 65,000 228,000 293,000 R-000060 Storey Rd Shoulder Paving R-000060 305,750 4,500 310,250 R-000064 ADA Walkability Sidewalks Program R-000064 80,000 80,000 80,000 80,000 80,000 400,000 R-000067 Pecan Ave Shoulder Paving R-000067 131,156 530,900 662,056 TS-00023 HOPYQ Intersection Traffic Signals TS-00023 141,500 141,500 R-000079 RMRA Seals/Overlays 2021-22 R-000079 2,350,000 2,350,000 R-000081 2022-23 City Streets 3R & ADA Project R-000081 1,353,000 1,353,000 R-000082 Almond Ave Extension - Pine to Stadium R-000082 345,000 200,000 6,100,000 6,645,000 R-000031 Contingency / Project Administration R-000031 179,250 183,000 188,000 194,000 200,000 944,250 W-PS-001 Ave 17 & Lake Pump Station/Tank W-PS-001 462,000 6,270,000 6,732,000 W-000038 Well 27 Rehabilitation W-000038 30,000 289,107 319,107 W-000039 2022 Year 2 Pipeline Replacements W-000039 1,100,000 1,100,000 W-000040 2021 Year 1 Pipeline Replacements W-000040 725,000 725,000 W-GW-001 Water Well 37-Install Pump W-GW-001 1,700,000 1,700,000 W-GW-0024 Sharon Blvd. S/O Ave 17 - Well W-GW-0024 1,000,000 1,000,000 W-000037 Northeast Water Transmission Main W-000037 430,000 3,025,200 3,455,200 W-PNE-04 Lake St Water Main-Ellis to Ave 17 W-PNE-04 85,000 615,000 700,000 W-000041 2021 Leak Detection CIP W-000041 135,000 135,000 W-PSW-45 Almond Ave Water Main, Pine-Stadium W-PSW-45 88,000 188,000 276,000 W-STDY-2 Water System Condition Assess/Rehab W-STDY-2 296,000 296,000 W-STDY-3 Water Asset Mgmt Software W-STDY-3 150,000 150,000 W-T-0001 Water Storage Tank Installation W-T-0001 863,950 9,000,000 9,863,950 TS-00022 4th St Traffic Signal Interconnect TS-00022 13,300 13,300 S-VI-002 Sewer Main Video Inspection S-VI-002 695,000 150,000 150,000 150,000 150,000 1,295,000 W-GW-003 Water Well 36- SR145/Indigo W-GW-003 120,000 2,200,000 2,320,000 TS-00034 Granada Dr Pedestrian Improvements TS-00034 126,400 126,400 TS-00024 Cleveland/Granada Dr Traffic Signal TS-00024 583,000 583,000 W-GW-002 Water Well 35-Ellis w/o Chapin W-GW-002 2,500,000 2,500,000 TS-00032 D St/South St Traffic Signal TS-00032 483,000 483,000 W-000033 Residential AMR Water Meter Replacements W-000033 964,000 530,000 540,000 550,000 2,584,000 TS-00035 LAKE & SHERWOOD TRAFFIC SIGNAL TS-00035 50,000 500,000 550,000 W-000000 Engineering Support for Water Projects W-000000 29,125 28,500 28,500 28,500 28,500 143,125 W-000003 Water Main Upgrades - Locations 1-12 W-000003 950,000 950,000 W-000004 Water Main Upgrades - Locations 13-23 W-000004 1,515,000 1,515,000 W-000032 2018-19 New Water Meter Installations W-000032 1,167,000 1,167,000 Capital Improvement Plan - FINAL FY22/23 Page 2 Thursday, August 11, 2022 Department Project # '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total TS-00030 Miscellaneous Traffic Safety Items TS-00030 20,000 20,000 20,000 20,000 20,000 100,000 W-000008 10th St-Water Main Upgrades W-000008 40,000 1,090,000 1,130,000 W-000009 Gateway-Riverside River Crossing W-000009 430,000 430,000 W-000026 Water Tower Demolition W-000026 512,296 512,296 W-000031 Manual Read Water Meter Replacements/AMR W-000031 1,100,000 335,000 335,000 335,000 365,000 2,470,000 W-000006 H St-Water Main Upgrades W-000006 40,000 450,000 490,000 Engineering Total 52,006,803 29,022,507 14,010,410 7,274,090 42,089,778 144,403,588 Fire Department
FD-00005 Fire station 57 Upgrades & Improvements FD-00005 42,000 100,000 142,000 FD-00004 Fire station 56 Upgrades & Improvements FD-00004 247,200 247,200 FD-00006 Fire station 58 Upgrades & Improvements FD-00006 75,000 75,000 150,000 Fire Department Total 364,200 175,000 539,200
Parks & Community Services
PK-00069 South/East Land Acquisition PK-00069 300,000 300,000 PK-00077 - FRANK BERGON & PAN AMERICAN PK-00077 25,000 25,000

IMPROVEMENT
PK-00075 Rotary Park Road Improvements PK-00075 55,000 55,000 PK-00074 Parkwood Park Rehabilitation PK-00074 100,000 100,000 PK-00073 McNally Park Rehabilitation PK-00073 609,307 609,307 PK-00072 Town & Country Park Rehabilitation PK-00072 0 0 0 0 0 PK-00071 Town & Country Connectivity Project PK-00071 684,820 684,820 PK-00070 Sunset Park Development PK-00070 250,000 300,000 550,000 PK-00076 FRESNO RIVER TRAIL CLEANUP PK-00076 832,350 832,350 PK-00067 OLIVE PARK PK-00067 267,000 1,723,000 1,990,000 PK-00065 Centennial Park Pool Complex Ammenities PK-00065 100,000 50,000 150,000 PK-00064 India Park PK-00064 91,913 91,913
PK-00058 FRT-Granada to MID, North Bank PK-00058 40,000 156,000 196,000 PK-00056 Bike/Ped Path, FRT-Cleveland Ave PK-00056 45,000 339,000 384,000 PK-00048 Tulare/Cleveland/Raymond Bike Path PK-00048 675 334,325 335,000 PK-00001 Ped/Bike Facilities PK-00001 39,000 39,000 39,000 40,000 50,000 207,000 PK-00068 North/West Land Acquisition PK-00068 300,000 300,000 PK-00013 Sunrise Rotary Sports Complex PK-00013 80,000 1,510,500 1,590,500 Parks & Community Services Total 3,135,065 4,301,825 79,000 835,000 50,000 8,400,890 Police Department
PD-00001 Police Station Parking Lot PD-00001 393,000 393,000 Police Department Total 393,000 393,000
Public Works
W-000022 Water Tower Recoating W-000022 690,000 690,000 WWTP20-01 WWTP WDR Permit Renewal Project WWTP20-01 250,000 250,000 WWTP-0011 Water Treatment Plant Capacity Increase WWTP-0011 0 200,000 3,560,000 2,340,000 6,100,000 WWTP-0010 Waste Discharge Permit WWTP-0010 0 0
W-000042 Chlorine Analyzers & Generators W-000042 175,000 175,000 175,000 175,000 700,000 W-000036 4th/Gateway Line and Valve W-000036 440,000 440,000 880,000 W-000029 Downtown Valve Replacement W-000029 340,000 340,000 RM-00001 Rtne Maint City Bridges Fresno RVR RM-00001 50,000 50,000 PW-2022: PUBLIC WORKS 2022 STREETS DEPT. PW-2022 2,690,000 2,715,000 2,740,000 2,740,000 2,740,000 13,625,000

ACTIVITY
W-000034 South St Water Tower Exterior Rehab W-000034 1,320,000 1,320,000 Capital Improvement Plan - FINAL FY22/23 Page 3 Thursday, August 11, 2022 Department Project # '22/'23 '23/'24 '24/'25 '25/'26 '26/'27 Total Public Works Total 5,955,000 3,530,000 6,475,000 5,255,000 2,740,000 23,955,000 RDA Successor Agency
RDA-16-01 Adell St Utility Project RDA-16-01 50,000 1,735,000 1,785,000 RDA-16-07 Adelaide Subdivision RDA-16-07 1,598,478 1,598,478 RDA-17-02 Yosemite Lot Development RDA-17-02 550,970 550,970 RDA-18-02 Adell St Interconnect, Kennedy & Adell RDA-18-02 265,000 265,000 RDA Successor Agency Total 50,000 4,149,448 4,199,448
Transit Program
TRANS-11 Transit Center Charging Station Project TRANS-11 586,785 586,785 Trans-10 AHSC Transit Developments Trans-10 177,000 416,000 593,000 Transit Program Total 177,000 1,002,785 1,179,785
GRAND TOTAL 63,168,068 42,775,565 23,777,410 13,489,090 45,489,778 188,699,911 Capital Improvement Plan - FINAL FY22/23 Page 4 Thursday, August 11, 2022 City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 1 of 3

Minutes of a Special Meeting of the Madera City Council April 20, 2022 Council Chambers
5:55 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 894 8004 5873#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 5:57 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Steve Montes, District 3 - Arrived at 5:58 p.m.

Councilmember Artemio Villegas, District 6

Absent: Councilmember Jose Rodriguez, District 2
Councilmember Elsa Mejia, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, Attorney Shannon Chafin, City Engineer Keith Helmuth, Interim Director of Financial Services Anthony Forestiere, Fire Division Chief Matt Watson, Human Resources Director Wendy Silva, Information Services Manager Mark Souders, Interim Parks Director Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, and Communication Specialist Joseph Carrello.

INVOCATION: Pam Grewal, Madera Sikh Temple
PLEDGE OF ALLEGIANCE: Mayor Santos Garcia
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 5/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

Item: B-1
Minutes for: 04/20/2022
Adopted: 08/17/2022
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 2 of 3
YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

Members of the public shall have an opportunity to address the City Council regarding the following agenda item when that item is called. Speakers should limit their comments to three (3) minutes.

Fire Division Chief Matt Watson stated on the night of February 26, 2019, the City lost the historic Mace Yosemite Hotel building due to a tragic fire. He presented a plaque to City Manager Arnoldo Rodriguez in recognition of his commitment to ensure that the needs of the citizens and firefighters were met the night of the fire.

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

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

A-1 Consideration of Corrected Water, Sewer, Storm Drainage, and Solid Waste Rate Studies, Date for Proposition 218 Public Hearing and Rescinding Resolution No. 22-38 Recommendation: Adopt a Resolution Accepting the Rate Study Relating to Water, Sewer, Storm Drainage and Solid Waste; Authorizing Required Actions Under Proposition 218; Setting a Proposition 218 Public Hearing Date to Consider Rate Increases; and Rescinding Resolution No. 22-38 (Report by Anthony Forestiere)

ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 5/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

ACCEPTING THE RATE STUDY RELATING TO WATER, SEWER, STORM DRAINAGE AND SOLID WASTE; AUTHORIZING REQUIRED ACTIONS UNDER PROPOSITION 218; SETTING A PROPOSITION 218 PUBLIC HEARING DATE TO CONSIDER RATE INCREASES; AND RESCINDING RESOLUTION NO. 22-38
ADJOURNMENT: The meeting was adjourned at 6:12 p.m.

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

City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 3 of 3

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 1 of 9

Minutes of a Regular Meeting of the Madera City Council April 20, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 894 8004 5873#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:12 p.m.

ROLL CALL:

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

Absent: Councilmember Jose Rodriguez, District 2
Councilmember Elsa Mejia, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Attorney Shannon Chafin, City Engineer Keith Helmuth, Interim Director of Financial Services Anthony Forestiere, Fire Division Chief Matt Watson, Grants Administrator Marcela Zuniga, Human Resources Director Wendy Silva, Information Services Manager Mark Souders, Interim Parks Director Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, Interim Public Works Director Dan Foss, Assistant Engineer Alexis Raymundo, Assistant Planner Ricardo Olea, Finance Consultant Vicki Crow, Senior Planner Robert Smith, and Communication Specialist Joseph Carrello.

INVOCATION:

PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 5/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

Item: B-1
Minutes for: 04/20/2022
Adopted: 08/17/2022
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 2 of 9
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
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.

No Public Comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. American Red Cross: Sound the Alarm Campaign

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

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

A. WORKSHOP: None.

B. CONSENT CALENDAR:

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

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, THE CONSENT CALENDAR WAS APPROVED 5/0. ITEM B-7 WAS PULLED FROM THE AGENDA FOR DISCUSSION. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 3 of 9
B-1 Minutes – 9/15/21, 10/6/21, 02/02/22
Recommendation: Approve the City Council Minutes of September 15, 2021, October 6, 2021, and February 2, 2022
B-2 Informational Report on Register of Audited Demands for Recommendation: No Action Required (Report by Anthony Forestiere) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Airport Liability Insurance Renewal
Recommendation: Adopt a Minute Order Authorizing the City Manager to execute necessary documents to bind the City’s Airport Liability Insurance renewal (Report by Wendy Silva)
B-5 Amending the Municipal Code to Remove the Superseded Section relating to the Appointment Process for Members of the Civil Service Commission Recommendation: Waive further reading and adopt an ordinance amending §2-2.303 of Title II of the Madera Municipal Code relating to the Civil Service Commission (Report by Wendy Silva)
ORD 989 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING SECTION 2-2.303 OF TITLE II, CHAPTER 2 OF THE MADERA

MUNICIPAL CODE RELATING TO THE CIVIL SERVICE COMMISSION B-6 Professional Services Agreement with MV Cheng & Associates Recommendation: Adopt a Resolution Approving a Consulting Services Agreement with MV Cheng & Associates for Interim Director of Financial Services Consulting Services (Report by Wendy Silva)
RES 22-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF

MADERA ANO MV CHENG & ASSOCIATES
B-7 CalRecycle Grant and Payment Programs
Recommendation: Adopt a Resolution Authorizing the Submittal of Application(s) for all CalRecycle Grant and Payment Programs for which the City is eligible (Report by Daniel Foss)
Councilmember Gallegos comments were heard.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS, ITEM B-7 WAS APPROVED 5/0. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 4 of 9

MAYOR GARCIA
B-8 Delegation of Authority to receive Federal Funding under the Federal Transit Act Section (FTA) 5339 (49 U.S.C. Section 5339) with the California Department of Transportation Recommendation: Adopt a Resolution Authorizing the City Manager as the signee to execute all required documentation as it relates to the FTA and Caltrans for the 2022/23 Fiscal Year related to public transit (Report by Anthony Forestiere)
RES 22-46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C. SECTION 5311) and/or 5339 (49 U.S.C. SECTION 5339) WITH CALIFORNIA DEPARTMENT OF

TRANSPORTATION
B-9 Amendment to the Management and Operations Agreement between the City and MV Public Transportation, Inc.

Recommendation: Adopt a Resolution Approving Amendment to No. 4 to the Agreement for Management and Operation of Madera Transit Services Agreement with MV Public Transportation, Inc. relating to Special Services, including the 4th of July Firework Display Show, Parades, Madera District Fair, and the Holiday Light Show (Report by Anthony Forestiere)
RES 22-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT FOR MANAGEMENT

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

B-10 Madera Police Department Flooring Renovation
Recommendation: Adopt a Resolution Awarding Contract to Michael Flooring under IFB 202021-07 for the Madera Police Department flooring renovation project in the amount of $69,900 and approve a Contractor Services Agreement (Report by Dino Lawson)
RES 22-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING THE CONTRACT AWARD FOR RENOVATION OF EXISTING

FLOORING TO POLISHED CONCRETE FLOORING AT THE MADERA POLICE DEPARTMENT, IFB 202021-07, IN THE AMOUNT OF $69,900 TO MICHAEL

FLOORING AND AUTHORIZE CONSTRUCTION CONTINGENCIES RELATED TO

THE CONTRACT
B-11 Amendment to the City’s Utility Service
Recommendation: Adopt a Resolution Amending the City’s Utility Services Policy consistent with the State of California Water Resources Control Board Water Arrearages Program (Report by Anthony Forestiere)
RES 22-49 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING

THE CITY'S UTILITY SERVICES POLICY CONSISTENT WITH THE STATE OF

CALIFORNIA WATER RESOURCES CONTROL BOARD WATER ARREARAGES

PROGRAM
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 5 of 9
B-12 Easement Deeds for Sidewalk Improvements for Maple, Santa Cruz, and Monterey Streets (City Project R-84)
Recommendation: Adopt a Resolution Approving Three Purchase and Sale of Real Property Agreements and Authorizing the City Clerk to prepare the Certificate of Acceptance and Record Three Easement Deeds (APN Nos. 012-093-005, 012-093-013, and 012-097-006) (Report by Keith Helmuth) RES 22-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING THREE AGREEMENTS FOR PURCHASE AND SALE OF REAL

PROPERTY WITH THE PROPERTY OWNERS AND AUTHORIZING THE CITY

CLERK TO EXECUTE THE CERTIFICATE OF ACCEPTANCE AND RECORD THE

EASEMENT DEEDS FOR THE SIDEWALK IMPROVEMENTS ON MAPLE STREET, SANTA CRUZ STREET AND MONTEREY STREET NEW, CITY PROJECT NO. R-84 (APN NO. 012-093-005, 012-093-013, AND 012-097-006)
B-13 Acceptance of Improvements for La Spezia II Subdivision (Tract No. 19-S-01) Recommendation: Adopt a Resolution
1) Accepting the Improvements for La Spezia II Subdivision (Tract No. 19-S-01); and 2) Authorizing the Filing of the Notice of Completion for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Completion of Subdivision Improvements (Report by Keith Helmuth)
RES 22-51 A RESOLUTION ACCEPTING IMPROVEMENTS FOR LA SPEZIA II SUBDIVISION (TRACT NO. 19-S-01), AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION FOR SAID SUBDIVISION IMPROVEMENTS AND AUTHORIZING

STAFF TO RECORD THE NOTICE OF COMPLETION
B-14 Accepting Improvements for La Spezia III Subdivision (Tract No. 19-S-02) Recommendation: Adopt a Resolution
1) Accepting the Improvements for La Spezia III Subdivision (Tract No. 19-S-02); and 2) Authorizing the Filing of the Notice of Completion for Said Subdivision Improvements; and
3) Authorizing staff to record the Notice of Completion of Subdivision Improvements (Report by Keith Helmuth)
RES 22-52 A RESOLUTION ACCEPTING IMPROVEMENTS FOR LA SPEZIA III SUBDIVISION (TRACT NO. 19-S-02), AUTHORIZING THE FILING OF THE NOTICE OF

COMPLETION FOR SAID SUBDIVISION IMPROVEMENTS AND AUTHORIZING

STAFF TO RECORD THE NOTICE OF COMPLETION
B-15 Second Reading and Adoption of an Ordinance to Rezone 0.27 acre at 801 South Gateway Drive
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 6 of 9
Recommendation: Waive full reading and adopt an Ordinance, rezoning approximately 0.27 acres at 801 South Gateway Drive (APN 011-111-005) to C2 - Heavy Commercial zone district (Report by Gary Conte)
ORD 990 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING

THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY

0.27 ACRES OF PROPERTY LOCATED AT 801 SOUTH GATEWAY DRIVE (APN:
011-111-005) FROM THE I- INDUSTRIAL TO THE C2- HEAVY COMMERCIAL

ZONE DISTRICT
C. PUBLIC HEARINGS:

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

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

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

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

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

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

5. Introduce an Ordinance of the City Council of the City of Madera amending the official City of Madera Zoning Map to rezone approximately 1,883 acres within the Villages at Almond Grove Specific Plan, whose location is bounded by Avenue 17 on the north, Road 22 on the west, the Fresno River on the south, and Road 23 and Road 24 on the east, City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 7 of 9
from Agricultural Rural Exclusive – 40 acres (ARE-40) and Agricultural Rural Exclusive – 42 acres (ARE-20), as well as PD 4500 (Planned Development, one unit per 4,500 square feet of site area) to the Specific Plan (SP) zone district by title only, and waive the first full reading.

6. Consider a report on a Resolution initiating annexation of the Villages at Almond Grove Specific Plan area (Annexation No. 22-01), and consider its adoption at a subsequent meeting (Report by Gary Conte)
Public Comment was heard from Norm Allinder, Christina Beckstead Madera County Farm Bureau, and community member Hank Bennett.

City Council comments were heard.

ON MOTION BY MAYOR GARCIA AND SECONDED BY COUNCILMEMBER GARCIA ITEM C-1, AD WAS APPROVED 5/0. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA TO (1) ADOPT THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFY THE ENVIRONMENTAL IMPACT REPORT (SCH #2018081051) FOR THE PROPOSED THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN (A 1,883-ACRE AREA BOUNDED BY AVENUE 17 ON THE NORTH, ROAD 22 ON THE WEST, THE FRESNO RIVER ON THE SOUTH, ANO ROAD 23 ANO ROAD 24 ON THE EAST), INCLUDING GENERAL PLAN AMENDMENT (GPA 2017-02), PRE-ZONING/ REZONING (REZ 2017-05), ANNEXATION (2022-01), ZONING ORDINANCE TEXT AMENDMENT (OTA 2022-01) AS WELL AS THE TWO RELATED SUBDIVISIONS (TSMs 2020-02 and 2020-03); (3) ADOPT THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4)ADOPT A

STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY MAYOR PRO TEM EVANS C-1, #2 WAS APPROVED 5/0. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 8 of 9
RES 22-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

INITIATIATING ANNEXATION OF THE VILLAGES AT ALMOND GROVE SPECIFIC PLAN AREA (ANNEXATION NO. 22-01)
ON MOTION BY MAYOR PRO TEM EVANS AND SECONDED BY COUNCILMEMBER MONTES C1, #3 WAS APPROVED 5/0. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS C-1, #4 WAS APPROVED 5/0. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR GARCIA C-1, #5 WAS APPROVED 5/0. NOES: NONE. ABSENT: COUNCILMEMBERS RODRIGUEZ AND MEJIA.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None.

E. ADMINISTRATIVE REPORTS: None.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

Councilwoman Gallegos mentioned Wednesday, April 27th is Denim Day and encouraged all in attendance to wear denim in support of Sexual Assault Awareness.

No other reports were made.

City of Madera City Council Minutes
205 W. 4th Street April 20, 2022
Madera, CA 93637 Page 9 of 9
G. CLOSED SESSION: None.

ADJOURNMENT: The meeting was adjourned at 8:00 p.m.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of:  August 17, 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 July 23, 2022 to August 5, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of July 23, 2022 to August 5, 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 33541– 33754 $1,009,180.42
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $612,751.94
SDI   EDD $2,515.25
CalPERS Payment CalPERS $127,710.42
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:

Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33541 07/27/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 03/22 19,648.78 $ 33541 07/27/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 05/22 174,863.64 $ 33542 07/27/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 4,840.55 $ 33542 07/27/2022 PLANNING PLANNING ACRO SERVICE CORPORATION TEMP SERVICES ‐ PLANNING 4,756.48 $ 33542 07/27/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SERVICES ‐ PLANNING 2,025.00 $ 33543 07/27/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 31.04 $ 33544 07/27/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 1,035.19 33545 07/27/2022 PD OPS MEAS K ‐ PD HARRY D. WILSON INC. HONDA PIONEER‐SERVICE & TIE ROD REPLACEMNT 685.83 $ 33546 07/27/2022 FINANCE PAYROLL TRUST MID‐MGMT EMPLOYEE GROUP 07/22 MONTHLY DUES 520.00 $ 33547 07/27/2022 GRANTS LCT OPS TRILLIUM SOLUTIONS, INC. CONSULTING SERVICES ‐ RFP DEV & TECH 3,096.00 $ 33548 07/27/2022 PD OPS TOBACCO LAW ENF ANDREW J. MEDELLIN SIGN ‐ CITY PARKS RULES & HOURS 600.00 $ 33549 07/27/2022 CITY ADMIN FINANCE MV CHENG & ASSOCIATES, INC. CONSULTING SVC: INTERIM FINANCE DIRECTOR 21,120.00 $ 33550 07/27/2022 PD OPS PD OPS CV FORENSIC NURSING SPECIALISTS VICTIM EXAM ‐ 22M‐04874 1,000.00 $ 33551 07/27/2022 PW ADMIN WWTP NICK'S CUSTOM GOLF CARS WWTP GOLF CART REPAIR 3,870.70 $ 33552 07/27/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 258.27 $ 33552 07/27/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 104.78 $ 33552 07/27/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 612.99 $ 33552 07/27/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 731.93 $ 33552 07/27/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 410.38 $ 33552 07/27/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 307.44 $ 33552 07/27/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 254.95 $ 33552 07/27/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 3,994.81 $ 33552 07/27/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 3,355.00 $ 33552 07/27/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 751.54 $ 33552 07/27/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 2,319.42 $ 33552 07/27/2022 FINANCE TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 2,185.40 $ 33552 07/27/2022 FINANCE TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 1,988.39 $ 33552 07/27/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 1,248.12 $ 33552 07/27/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 917.61 $ 33552 07/27/2022 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 1,037.36 $ 33552 07/27/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 06/16/22‐06/30/22 8,596.62 $ 33552 07/27/2022 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP ‐ BULK DIESEL 5,459.28 $ 33553 07/27/2022 PARKS PARKS ADMIN SIJ HOLDINGS LLC RECRUITMENT ADS 1,711.50 $ 33553 07/27/2022 PARKS PD OPS SIJ HOLDINGS LLC RECRUITMENT ADS 494.70 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT August 17, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33554 07/27/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 570.00 $ 33555 07/27/2022 FINANCE AIRPORT OPS AT&T 06/22 SERVICE 831‐000‐6408‐576 592.74 $ 33555 07/27/2022 FINANCE BUILDING AT&T 06/22 SERVICE 831‐000‐6408‐576 120.62 $33555 07/27/2022 FINANCE CITY ATTORNEY AT&T 06/22 SERVICE 831‐000‐6408‐576 39.29 $ 33555 07/27/2022 FINANCE CITY CLERK AT&T 06/22 SERVICE 831‐000‐6408‐576 33.08 $ 33555 07/27/2022 FINANCE CODE ENF AT&T 06/22 SERVICE 831‐000‐6408‐576 660.97 $ 33555 07/27/2022 FINANCE COMM & REC AT&T 06/22 SERVICE 831‐000‐6408‐576 1,846.45 $ 33555 07/27/2022 FINANCE COMPUTER MAINT AT&T 06/22 SERVICE 831‐000‐6408‐576 124.75 $33555 07/27/2022 FINANCE ENGINEERING AT&T 06/22 SERVICE 831‐000‐6408‐576 277.07 $33555 07/27/2022 FINANCE FINANCE AT&T 06/22 SERVICE 831‐000‐6408‐576 94.42 $33555 07/27/2022 FINANCE FIRE AT&T 06/22 SERVICE 831‐000‐6408‐576 1,186.17 $33555 07/27/2022 FINANCE GRANT OVERSIGHT AT&T 06/22 SERVICE 831‐000‐6408‐576 115.79 $ 33555 07/27/2022 FINANCE HR/RISK MGT AT&T 06/22 SERVICE 831‐000‐6408‐576 78.57 $ 33555 07/27/2022 FINANCE PLANNING AT&T 06/22 SERVICE 831‐000‐6408‐576 101.32 $33555 07/27/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 SERVICE 831‐000‐6408‐576 230.20 $ 33555 07/27/2022 FINANCE UB ‐ SEWER AT&T 06/22 SERVICE 831‐000‐6408‐576 230.20 $ 33555 07/27/2022 FINANCE UB ‐ WATER AT&T 06/22 SERVICE 831‐000‐6408‐576 460.41 $ 33555 07/27/2022 FINANCE CITY MANAGER AT&T 06/22 SERVICE 831‐000‐6408‐576 39.29 $ 33555 07/27/2022 FINANCE PD OPS AT&T 06/22 SERVICE 831‐000‐6408‐576 660.97 $ 33556 07/27/2022 PD OPS PD OPS AT&T 06/22 CALNET 3 SERVICES 9391031566 167.08 $ 33556 07/27/2022 PD OPS PD OPS AT&T 06/22 CALNET 3 SERVICES 9391031578 177.09 $ 33557 07/27/2022 FINANCE BUILDING AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $33557 07/27/2022 FINANCE CITY CLERK AT&T 06/22 FIRSTNET SERVICE 287302656036 88.44 $ 33557 07/27/2022 FINANCE CITY COUNCIL AT&T 06/22 FIRSTNET SERVICE 287302656036 281.68 $ 33557 07/27/2022 FINANCE CODE ENF AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $ 33557 07/27/2022 FINANCE COMPUTER MAINT AT&T 06/22 FIRSTNET SERVICE 287302656036 374.93 $ 33557 07/27/2022 FINANCE ENGINEERING AT&T 06/22 FIRSTNET SERVICE 287302656036 197.00 $33557 07/27/2022 FINANCE FACILITIES MAINT AT&T 06/22 FIRSTNET SERVICE 287302656036 693.48 $ 33557 07/27/2022 FINANCE FINANCE AT&T 06/22 FIRSTNET SERVICE 287302656036 98.50 $33557 07/27/2022 FINANCE FLEET MAINT AT&T 06/22 FIRSTNET SERVICE 287302656036 44.22 $33557 07/27/2022 FINANCE GRANT OVERSIGHT AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $ 33557 07/27/2022 FINANCE HR/RISK MGT AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $ 33557 07/27/2022 FINANCE PARKS AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $33557 07/27/2022 FINANCE STREETS AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $33557 07/27/2022 FINANCE UB ‐ GARBAGE AT&T 06/22 FIRSTNET SERVICE 287302656036 11.05 $ 33557 07/27/2022 FINANCE UB ‐ SEWER AT&T 06/22 FIRSTNET SERVICE 287302656036 11.06 $ 33557 07/27/2022 FINANCE UB ‐ WATER AT&T 06/22 FIRSTNET SERVICE 287302656036 22.11 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33557 07/27/2022 FINANCE WWTP AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $33557 07/27/2022 FINANCE MEAS K ‐ PD AT&T 06/22 FIRSTNET SERVICE 287302656036 89.49 $ 33557 07/27/2022 FINANCE CITY MANAGER AT&T 06/22 FIRSTNET SERVICE 287302656036 49.25 $ 33557 07/27/2022 FINANCE PD OPS AT&T 06/22 FIRSTNET SVS 287300735068 40.24 $ 33557 07/27/2022 FINANCE PD OPS AT&T 06/22 FIRSTNET SERVICE 287302965625 5,144.55 $ 33558 07/27/2022 GRANTS TRANSIT CENTER ARAMARK UNIFORM SERVICES JANITORIAL CLEANING/MATS ‐ TRANSIT 128.70 $ 33559 07/27/2022 PD OPS WWTP CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 06/22 292.00 $ 33559 07/27/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 06/22 BLOOD ALCOHOL ANALYSIS 1,365.00 $ 33560 07/27/2022 PD OPS PD OPS CALIFORNIA FORENSIC INSTITUTE PRE‐EMPLOYMENT EXAM 1,350.00 $ 33561 07/27/2022 FACILITIES AIRPORT OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ AIRPORT 48.50 $ 33561 07/27/2022 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ PAN AM CENTER 135.00 $ 33561 07/27/2022 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ FRANK BERGON CENTER 48.50 $ 33561 07/27/2022 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐  JWYC 250.00 $ 33561 07/27/2022 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ PCS YOUTH SERVICES 48.50 $ 33561 07/27/2022 FACILITIES COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ MILLVIEW SENIOR CENTER 48.50 $ 33561 07/27/2022 FACILITIES ENGINEERING CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ ENG 48.50 $ 33561 07/27/2022 FACILITIES ENGINEERING CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ RDA 48.50 $ 33561 07/27/2022 FACILITIES FIRE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ FIRE #6 48.50 $ 33561 07/27/2022 FACILITIES FIRE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ FIRE #7 48.50 $ 33561 07/27/2022 FACILITIES INTERMODAL BLDG CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ INTERMODAL 48.50 $ 33561 07/27/2022 FACILITIES SEWER OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐  CITY YARD 48.50 $ 33561 07/27/2022 FACILITIES UB ‐ WATER CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ CITY HALL FINANCE 145.00 $ 33561 07/27/2022 FACILITIES WATER OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ PW 48.50 $ 33561 07/27/2022 FACILITIES WWTP CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ WWTP 48.50 $ 33561 07/27/2022 FACILITIES PD OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ SIU PD 48.50 $ 33562 07/27/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY PLOTTER PAPER 134.00 $ 33563 07/27/2022 PURCHASING AIRPORT OPS CANON FINANCIAL SERVICES COPIER LEASE 07/22 36.81 $ 33563 07/27/2022 PURCHASING BUILDING CANON FINANCIAL SERVICES COPIER LEASE 07/22 98.41 $ 33563 07/27/2022 PURCHASING CITY CLERK CANON FINANCIAL SERVICES COPIER LEASE 07/22 255.41 $ 33563 07/27/2022 PURCHASING CODE ENF CANON FINANCIAL SERVICES COPIER LEASE 07/22 1,363.12 $ 33563 07/27/2022 PURCHASING ENGINEERING CANON FINANCIAL SERVICES COPIER LEASE 07/22 81.19 $ 33563 07/27/2022 PURCHASING FINANCE CANON FINANCIAL SERVICES COPIER LEASE 07/22 1,125.32 $ 33563 07/27/2022 PURCHASING HR/RISK MGT CANON FINANCIAL SERVICES COPIER LEASE 07/22 292.22 $ 33563 07/27/2022 PURCHASING PARKS ADMIN CANON FINANCIAL SERVICES COPIER LEASE 07/22 601.51 $ 33563 07/27/2022 PURCHASING PLANNING CANON FINANCIAL SERVICES COPIER LEASE 07/22 113.66 $ 33563 07/27/2022 PURCHASING SEWER OPS CANON FINANCIAL SERVICES COPIER LEASE 07/22 96.83 $ 33563 07/27/2022 PURCHASING SOLID WASTE CANON FINANCIAL SERVICES COPIER LEASE 07/22 96.83 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33563 07/27/2022 PURCHASING TRANS ‐ FIXED CANON FINANCIAL SERVICES COPIER LEASE 07/22 255.41 $ 33563 07/27/2022 PURCHASING TRANS ‐ DAR CANON FINANCIAL SERVICES COPIER LEASE 07/22 255.41 $ 33563 07/27/2022 PURCHASING WATER OPS CANON FINANCIAL SERVICES COPIER LEASE 07/22 96.83 $ 33563 07/27/2022 PURCHASING WATER QUALITY CANON FINANCIAL SERVICES COPIER LEASE 07/22 32.48 $ 33563 07/27/2022 PURCHASING WWTP CANON FINANCIAL SERVICES COPIER LEASE 07/22 36.81 $ 33563 07/27/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES MPD COPIER 07/22 200.26 $ 33563 07/27/2022 PURCHASING PD OPS CANON FINANCIAL SERVICES COPIER LEASE 07/22 262.78 $ 33564 07/27/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 789.65 $ 33565 07/27/2022 FINANCE BUILDING COMCAST CITY INTERNET CONNECTION 06/22 63.73 $ 33565 07/27/2022 FINANCE CITY ATTORNEY COMCAST CITY INTERNET CONNECTION 06/22 18.86 $ 33565 07/27/2022 FINANCE CITY CLERK COMCAST CITY INTERNET CONNECTION 06/22 18.92 $ 33565 07/27/2022 FINANCE CODE ENF COMCAST CITY INTERNET CONNECTION 06/22 135.45 $ 33565 07/27/2022 FINANCE COMM & REC COMCAST CITY INTERNET CONNECTION 06/22 90.62 $ 33565 07/27/2022 FINANCE COMPUTER MAINT COMCAST CITY INTERNET CONNECTION 06/22 36.86 $ 33565 07/27/2022 FINANCE ENGINEERING COMCAST CITY INTERNET CONNECTION 06/22 126.49 $ 33565 07/27/2022 FINANCE FACILITIES MAINT COMCAST CITY INTERNET CONNECTION 06/22 27.87 $ 33565 07/27/2022 FINANCE FINANCE COMCAST CITY INTERNET CONNECTION 06/22 99.59 $ 33565 07/27/2022 FINANCE FLEET MAINT COMCAST CITY INTERNET CONNECTION 06/22 18.92 $ 33565 07/27/2022 FINANCE GRANT OVERSIGHT COMCAST CITY INTERNET CONNECTION 06/22 36.86 $ 33565 07/27/2022 FINANCE HR/RISK MGT COMCAST CITY INTERNET CONNECTION 06/22 36.86 $ 33565 07/27/2022 FINANCE PARKS COMCAST CITY INTERNET CONNECTION 06/22 45.77 $ 33565 07/27/2022 FINANCE PARKS ADMIN COMCAST CITY INTERNET CONNECTION 06/22 36.83 $ 33565 07/27/2022 FINANCE PLANNING COMCAST CITY INTERNET CONNECTION 06/22 45.50 $ 33565 07/27/2022 FINANCE STREETS COMCAST CITY INTERNET CONNECTION 06/22 45.80 $ 33565 07/27/2022 FINANCE RECREATION COMCAST CITY INTERNET CONNECTION 06/22 54.77 $ 33565 07/27/2022 FINANCE SEWER OPS COMCAST CITY INTERNET CONNECTION 06/22 32.34 $ 33565 07/27/2022 FINANCE SOLID WASTE COMCAST CITY INTERNET CONNECTION 06/22 36.83 $ 33565 07/27/2022 FINANCE SR CITIZEN COMM COMCAST CITY INTERNET CONNECTION 06/22 36.83 $ 33565 07/27/2022 FINANCE UB ‐ GARBAGE COMCAST CITY INTERNET CONNECTION 06/22 30.11 $ 33565 07/27/2022 FINANCE UB ‐ SEWER COMCAST CITY INTERNET CONNECTION 06/22 30.11 $ 33565 07/27/2022 FINANCE UB ‐ WATER COMCAST CITY INTERNET CONNECTION 06/22 59.25 $ 33565 07/27/2022 FINANCE WATER OPS COMCAST CITY INTERNET CONNECTION 06/22 41.31 $ 33565 07/27/2022 FINANCE WATER QUALITY COMCAST CITY INTERNET CONNECTION 06/22 18.92 $ 33565 07/27/2022 FINANCE WWTP COMCAST CITY INTERNET CONNECTION 06/22 27.87 $ 33565 07/27/2022 FINANCE CITY MANAGER COMCAST CITY INTERNET CONNECTION 06/22 18.86 $ 33565 07/27/2022 FINANCE PURCHASING COMCAST CITY INTERNET CONNECTION 06/22 27.87 $ 33566 07/27/2022 FINANCE COMPUTER MAINT COMCAST 06/22 SVS 8155500320322006 92.88 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33567 07/27/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 768.00 $ 33568 07/27/2022 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 06/22 175.00 $ 33569 07/27/2022 ENGINEERING ENGINEERING DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ ENG 07/22‐09/22 180.00 $ 33569 07/27/2022 FIRE MEAS K ‐ FIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ FIRE 58 35.00 $ 33570 07/27/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 07/01/22‐07/15/22 18,760.00 $ 33571 07/27/2022 PD OPS MEAS K ‐ PD LEHR AUTO ELECTRIC IN CAR CAMERA SYSTEM 1,621.69 $ 33572 07/27/2022 HR INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL FEES 2,698.00 $ 33573 07/27/2022 FINANCE PAYROLL TRUST M A C E A 07/22 MONTHLY DUES 1,775.00 $ 33574 07/27/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE ‐ 9394031 200.00 $ 33574 07/27/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE ‐ 3635008 200.00 $ 33574 07/27/2022 FINANCE SA ADMIN CITY OF MADERA QUARTERLY PARKING ASSESSMENT 454.76 $ 33575 07/27/2022 FINANCE PAYROLL TRUST M.C.E.A. 07/22 MONTHLY DUES 290.00 $ 33576 07/27/2022 PD OPS ANIMAL CONTROL MADERA COUNTY ANIMAL SERVICES FY 22/23 2 OF12 13,781.25 $ 33577 07/27/2022 FINANCE PAYROLL TRUST M P O A 07/22 MONTHLY DUES 6,874.68 $ 33578 07/27/2022 FINANCE UB ‐ GARBAGE MADERA TRIBUNE PUBLIC HEARING NOTICE ‐ UB RATE INCREASE 266.68 $ 33578 07/27/2022 FINANCE UB ‐ SEWER MADERA TRIBUNE PUBLIC HEARING NOTICE ‐ UB RATE INCREASE 266.66 $ 33578 07/27/2022 FINANCE UB ‐ WATER MADERA TRIBUNE PUBLIC HEARING NOTICE ‐ UB RATE INCREASE 266.66 $ 33578 07/27/2022 HR HR/RISK MGT MADERA TRIBUNE RECRUITMENT AD ‐ CONSTRUCTION INSPECTOR 76.00 $ 33578 07/27/2022 HR TRANS ‐ FIXED MADERA TRIBUNE PUBLIC NOTICE ‐ 4TH OF JULY SHUTTLING 400.00 $ 33579 07/27/2022 PD OPS CODE ENF MOTOROLA SOLUTIONS INC. RADIO UPGRADES ‐ CE 2,525.22 $ 33579 07/27/2022 PD OPS MEAS K ‐ PD MOTOROLA SOLUTIONS INC. RADIO UPGRADES 1,172.74 $ 33580 07/27/2022 FLEET FLEET MAINT MUNICIPAL MAINTENANCE EQUIP., INC. #3002 SWEEPER BLOWER REPAIR 9,687.54 $ 33581 07/27/2022 ENGINEERING LTF ‐ STREETS NATIONAL DATA & SURVEYING SERVICES TRAFFIC COUNTS ‐ LAKE/CLEVELAND 3,195.00 $ 33582 07/27/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 9787342989‐4 115.28 $ 33582 07/27/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 06/22 SERVICE 5207933925‐6 56.93 $ 33582 07/27/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 06/22 SERVICE 8675479583‐8 42.47 $ 33582 07/27/2022 FINANCE ZONE 43A PACIFIC GAS & ELECTRIC 06/22 SERVICE 6948316261‐1 14.05 $ 33583 07/27/2022 PD OPS CODE ENF PETTY CASH ‐ POLICE DEPT. PETTY CASH REIMBURSEMENT 313.72 $ 33583 07/27/2022 PD OPS GENERAL TRUST PETTY CASH ‐ POLICE DEPT. PETTY CASH REIMBURSEMENT 428.86 $ 33583 07/27/2022 PD OPS SUPP LAW ENF PETTY CASH ‐ POLICE DEPT. PETTY CASH REIMBURSEMENT 351.61 $ 33583 07/27/2022 PD OPS MEAS K ‐ PD PETTY CASH ‐ POLICE DEPT. PETTY CASH REIMBURSEMENT 88.05 $ 33583 07/27/2022 PD OPS DUI ENFORCEMENT PETTY CASH ‐ POLICE DEPT. PETTY CASH REIMBURSEMENT 171.75 $ 33583 07/27/2022 PD OPS PD OPS PETTY CASH ‐ POLICE DEPT. PETTY CASH REIMBURSEMENT 527.98 $ 33583 07/27/2022 PD OPS PD OPS PETTY CASH ‐ POLICE DEPT. ADDITIONAL CASH REGISTERS 600.00 $ 33584 07/27/2022 PW ADMIN WATER OPS PROVOST & PRITCHARD CONSULTING PROFESSIONAL CONSULTING SERVICES 655.16 $ 33585 07/27/2022 ENGINEERING WWTP SPARKLETTS DRINKING WATER ENGINEERING 64.49 $ 33586 07/27/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS $ 200.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33587 07/27/2022 FACILITIES FACILITIES MAINT TESCO CONTROLS, INC. TRAFFIC SIGNAL BATTERIES 6,754.80 $ 33588 07/27/2022 ENGINEERING FAU CMAQ TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL ENGINEERING SERVICES 3,028.69 $ 33588 07/27/2022 ENGINEERING FAU CMAQ TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL CONSULTING SERVICES 5,030.22 $ 33588 07/27/2022 ENGINEERING LTF ‐ STREETS TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL ENGINEERING SERVICES 410.66 $ 33588 07/27/2022 ENGINEERING LTF ‐ STREETS TJKM TRANSPORTATION CONSULTANTS PROFESSIONAL CONSULTING SERVICES 2,832.83 $ 33589 07/27/2022 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 06/22 192.00 $ 33590 07/27/2022 FINANCE AIRPORT OPS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 2,499.50 $ 33590 07/27/2022 FINANCE AQUATICS PROGRM US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 3,984.40 $ 33590 07/27/2022 FINANCE BUILDING US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 1,395.55 $ 33590 07/27/2022 FINANCE CITY CLERK US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 874.59 $ 33590 07/27/2022 FINANCE CITY COUNCIL US BANK CORPORATE PAYMENT SYSTEMS 07/22 CALCARD CHARGES 4,200.00 $ 33590 07/27/2022 FINANCE CITY COUNCIL US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 641.55 $ 33590 07/27/2022 FINANCE CODE ENF US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 743.90 $ 33590 07/27/2022 FINANCE COMM & REC US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 6,180.87 $ 33590 07/27/2022 FINANCE COMPUTER MAINT US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 3,019.94 $ 33590 07/27/2022 FINANCE DRAINAGE US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 290.19 $ 33590 07/27/2022 FINANCE ENGINEERING US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 3,177.03 $ 33590 07/27/2022 FINANCE FACILITIES MAINT US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 1,975.67 $ 33590 07/27/2022 FINANCE FINANCE US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 1,491.82 $ 33590 07/27/2022 FINANCE FIRE US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 13,765.70 $ 33590 07/27/2022 FINANCE FLEET MAINT US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 14,763.55 $ 33590 07/27/2022 FINANCE GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 10,237.30 $ 33590 07/27/2022 FINANCE GENERAL TRUST US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 207.41 $ 33590 07/27/2022 FINANCE HR/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 19.86 $ 33590 07/27/2022 FINANCE INS/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 789.19 $ 33590 07/27/2022 FINANCE INTERMODAL BLDG US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 111.00 $ 33590 07/27/2022 FINANCE LMD SERVICES US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 1,004.96 $ 33590 07/27/2022 FINANCE MEAS K ‐ FIRE US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 5,201.09 $ 33590 07/27/2022 FINANCE PARKS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 14,715.99 $ 33590 07/27/2022 FINANCE PARKS ADMIN US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 1,194.73 $ 33590 07/27/2022 FINANCE PLANNING US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 1,615.71 $ 33590 07/27/2022 FINANCE STREETS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 9,736.24 $ 33590 07/27/2022 FINANCE RECREATION US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 3,429.69 $ 33590 07/27/2022 FINANCE SEWER OPS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 4,319.22 $ 33590 07/27/2022 FINANCE SPORTS PROGRAMS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 417.26 $ 33590 07/27/2022 FINANCE SR CITIZEN COMM US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 31.00 $ 33590 07/27/2022 FINANCE STREET CLEANING US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 4,091.83 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33590 07/27/2022 FINANCE SUPP LAW ENF US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 7,046.80 $ 33590 07/27/2022 FINANCE TRANS ‐ FIXED US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 3,039.22 $ 33590 07/27/2022 FINANCE TRANS ‐ DAR US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 2,098.64 $ 33590 07/27/2022 FINANCE UB ‐ GARBAGE US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 161.10 $ 33590 07/27/2022 FINANCE UB ‐ SEWER US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 161.10 $ 33590 07/27/2022 FINANCE UB ‐ WATER US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 325.18 $ 33590 07/27/2022 FINANCE WATER OPS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 13,537.60 $ 33590 07/27/2022 FINANCE WATER QUALITY US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 4,664.23 $ 33590 07/27/2022 FINANCE WWTP US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 11,412.40 $ 33590 07/27/2022 FINANCE MEAS K ‐ PD US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 337.74 $ 33590 07/27/2022 FINANCE CITY MANAGER US BANK CORPORATE PAYMENT SYSTEMS 07/22 CALCARD CHARGES 600.00 $ 33590 07/27/2022 FINANCE FLEET ACQUISITION US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 975.15 $ 33590 07/27/2022 FINANCE SPECIAL EVENTS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 56.93 $ 33590 07/27/2022 FINANCE PD OPS US BANK CORPORATE PAYMENT SYSTEMS 06/22 CALCARD CHARGES 2,377.12 $ 33591 07/27/2022 GRANTS INTERMODAL BLDG VILLA GARDENING SERVICE INC INTERMODAL TRANSIT ‐ PRUNING 2,250.00 $ 33592 07/27/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS‐457 EE DEFERRED COMP CONTRIBUTIONS 27,748.01 $ 33593 07/27/2022 FINANCE AIRPORT OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 65.54 $ 33593 07/27/2022 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 153.15 $ 33593 07/27/2022 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 76.02 $ 33593 07/27/2022 FINANCE ENGINEERING VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 51.05 $ 33593 07/27/2022 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 51.05 $ 33593 07/27/2022 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 152.04 $ 33593 07/27/2022 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 1.00 $ 33593 07/27/2022 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 38.01 $ 33593 07/27/2022 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 1.40 $ 33593 07/27/2022 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 102.10 $ 33593 07/27/2022 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 12.63 $ 33593 07/27/2022 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 5.21 $ 33593 07/27/2022 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 0.48 $ 33593 07/27/2022 FINANCE UB ‐ WATER VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 1.46 $ 33593 07/27/2022 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 143.57 $ 33593 07/27/2022 FINANCE WATER QUALITY VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 38.01 $ 33593 07/27/2022 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 110.91 $ 33593 07/27/2022 FINANCE MEAS K ‐ PD VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 40.88 $ 33593 07/27/2022 FINANCE CITY MANAGER VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 45.88 $ 33593 07/27/2022 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 06/11/22‐07/10/22 534.99 $ 33594 07/27/2022 ENGINEERING MEASURE T ‐LTP ADA ACQUISITION RIGHT OF AWAY AQUISITION PER RES 22‐74 1,334.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33595 07/27/2022 PW ADMIN WWTP OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 33596 07/27/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 33597 07/27/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 33598 07/27/2022 PW ADMIN WWTP OTP‐ REBATES TURF REPLACEMENT REBATE 1,224.00 $ 33599 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33600 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33601 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33602 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33603 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33604 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33605 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33606 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33607 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33608 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33609 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC REDWOOD AREA 50.00 $ 33610 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33611 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #3 50.00 $ 33612 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33613 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33614 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33615 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 2 50.00 $ 33616 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33617 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 50.00 $ 33618 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33619 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33620 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33621 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 50.00 $ 33621 07/27/2022 PARKS PARKS OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 130.00 $ 33622 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33623 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33624 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33625 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33626 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33627 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33628 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33629 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MCNALLY SHELTER 50.00 $ 33630 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33631 07/27/2022 PARKS SPORTS PROGRAMS OTP‐ PARKS REFUNDS REFUND ‐ REGISTERED FOR WRONG PROGRAM 50.00 $ 33632 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33633 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33634 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33635 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #1 50.00 $ 33636 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33637 07/27/2022 PARKS AQUATICS PROGRM OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ POOL 250.00 $ 33637 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ POOL 100.00 $ 33638 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33639 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33640 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33641 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33642 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33643 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33644 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33645 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33646 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33647 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 2 50.00 $ 33648 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC AMPHITHEATER 100.00 $ 33649 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33650 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33651 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33652 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33653 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33654 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 50.00 $ 33654 07/27/2022 PARKS PARKS OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 75.00 $ 33655 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33656 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33657 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33658 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33659 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33659 07/27/2022 PARKS PARKS OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 55.00 $ 33660 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33661 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY PAVILION 50.00 $ 33662 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33663 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33664 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33665 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PICNIC AREA 1 50.00 $ 33666 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33667 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33668 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33669 07/27/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MCNALLY SHELTER 50.00 $ 33670 07/27/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 2910 FALCON 30.49 $ 33671 07/27/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 157.92 $ 33672 07/27/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 1216 ADANAC 64.49 $ 33673 07/27/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 1955 INDEPENDENCE 328.38 $ 33674 07/27/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 1955 INDEPENDENCE 60.57 $ 33675 08/02/2022 ENGINEERING RSTP ‐ FED EX MOORE TWINING ASSOCIATES, INC SAMPLING AND SAMPLE PREPARATION SERVICES 4,978.70 $ 33676 08/02/2022 PD OPS MEAS K ‐ PD KER'S GAS & LUBE, INC. 06/22 PD CAR WASHES 640.00 $ 33677 08/02/2022 PW ADMIN STREETS VALDEZ, JAVIER PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33678 08/02/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 03/22 23,032.90 $ 33678 08/02/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 04/22 20,362.95 $ 33679 08/02/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 05/22 19,233.11 $ 33679 08/02/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 06/22 28,477.22 $ 33680 08/02/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 4,800.00 $ 33681 08/02/2022 PW ADMIN STREETS HICKMAN, JAMIE PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33682 08/02/2022 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 1,800.00 $ 33683 08/02/2022 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES 08/22 4,000.00 $ 33684 08/02/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 1,531.00 $ 33685 08/02/2022 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC REUSABLE TUB ‐ MEDICAL WASTE 153.71 $ 33686 08/02/2022 PARKS PARKING DIST OPS ELITE MAINTENANCE AND TREE SERVICE 07/22 DOWNTOWN MAINTENANCE GROUP 1 455.00 $ 33686 08/02/2022 PARKS PARKS ELITE MAINTENANCE AND TREE SERVICE 07/22 NON‐MEDIAN MAINTENANCE GROUP 2 5,070.00 $ 33686 08/02/2022 PARKS MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE 07/22 MEDIAN MAINTENANCE GROUP 3 11,215.00 $ 33687 08/02/2022 IS JAG GRANTS DELTA WIRELESS, INC. PD CAMERA 14,196.50 $ 33688 08/02/2022 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES 50.37 $ 33689 08/02/2022 PD OPS CODE ENF O&E TRANSPORTATION LLC RIVER CLEAN UP 10,950.00 $ 33690 08/02/2022 PARKS ADMIN PARKS JACKRABBIT RODENT EXTERMINATION MACHINE 21,895.61 $ 33691 08/02/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 570.00 $ 33691 08/02/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 1,165.00 $ 33692 08/02/2022 PW ADMIN WATER OPS GARCIA, OSCAR PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33693 08/02/2022 FINANCE AIRPORT OPS AT&T 05/22 SERVICE 831‐000‐6408‐576 592.74 $ 33693 08/02/2022 FINANCE BUILDING AT&T 05/22 SERVICE 831‐000‐6408‐576 120.62 $33693 08/02/2022 FINANCE CITY ATTORNEY AT&T 05/22 SERVICE 831‐000‐6408‐576 39.29 $ 33693 08/02/2022 FINANCE CITY CLERK AT&T 05/22 SERVICE 831‐000‐6408‐576 33.08 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33693 08/02/2022 FINANCE CODE ENF AT&T 05/22 SERVICE 831‐000‐6408‐576 660.97 $ 33693 08/02/2022 FINANCE COMM & REC AT&T 05/22 SERVICE 831‐000‐6408‐576 1,846.45 $ 33693 08/02/2022 FINANCE COMPUTER MAINT AT&T 05/22 SERVICE 831‐000‐6408‐576 124.75 $33693 08/02/2022 FINANCE ENGINEERING AT&T 05/22 SERVICE 831‐000‐6408‐576 277.07 $33693 08/02/2022 FINANCE FINANCE AT&T 05/22 SERVICE 831‐000‐6408‐576 94.42 $33693 08/02/2022 FINANCE FIRE AT&T 05/22 SERVICE 831‐000‐6408‐576 1,186.17 $33693 08/02/2022 FINANCE GRANT OVERSIGHT AT&T 05/22 SERVICE 831‐000‐6408‐576 115.79 $ 33693 08/02/2022 FINANCE HR/RISK MGT AT&T 05/22 SERVICE 831‐000‐6408‐576 78.57 $ 33693 08/02/2022 FINANCE PLANNING AT&T 05/22 SERVICE 831‐000‐6408‐576 101.32 $33693 08/02/2022 FINANCE UB ‐ GARBAGE AT&T 05/22 SERVICE 831‐000‐6408‐576 230.20 $ 33693 08/02/2022 FINANCE UB ‐ SEWER AT&T 05/22 SERVICE 831‐000‐6408‐576 230.20 $ 33693 08/02/2022 FINANCE UB ‐ WATER AT&T 05/22 SERVICE 831‐000‐6408‐576 460.41 $ 33693 08/02/2022 FINANCE CITY MANAGER AT&T 05/22 SERVICE 831‐000‐6408‐576 39.29 $ 33693 08/02/2022 FINANCE PD OPS AT&T 05/22 SERVICE 831‐000‐6408‐576 660.97 $ 33694 08/02/2022 FINANCE COMM & REC AT&T 06/22 CALNET 3 SERVICES 9391026396 259.15 $ 33694 08/02/2022 FINANCE MEAS K ‐ FIRE AT&T 06/22 FIRSTNET SVS 9391068734 44.10 $ 33694 08/02/2022 FINANCE MEAS K ‐ FIRE AT&T 07/22 CALNET 3 SERVICES 9391068734 48.54 $ 33694 08/02/2022 FINANCE SEWER OPS AT&T 07/22 CALNET 3 SERVICES 9391031570 211.65 $ 33694 08/02/2022 FINANCE SR CITIZEN COMM AT&T 06/22 CALNET 3 SERVICES 9391026403 26.77 $ 33694 08/02/2022 FINANCE SR CITIZEN COMM AT&T 06/22 CALNET 3 SERVICES 9391026398 23.82 $ 33694 08/02/2022 FINANCE PD OPS AT&T 05/22 FIRSTNET SVS 9391026401 22.43 $ 33694 08/02/2022 FINANCE PD OPS AT&T 07/22 CALNET 3 SERVICES 9391020514 167.08 $ 33694 08/02/2022 FINANCE PD OPS AT&T 06/22 CALNET 3 SERVICES 9391026401 23.82 $ 33694 08/02/2022 FINANCE PD OPS AT&T 06/22 CALNET 3 SERVICES 9391059143 1,085.52 $ 33695 08/02/2022 PW ADMIN WATER OPS BROOKS, ERIC PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33696 08/02/2022 PW ADMIN FACILITIES MAINT CA DEPARTMENT OF TRANSPORTATION SHARED COST ‐ SIGNAL 273.01 $ 33697 08/02/2022 PD OPS SUPP LAW ENF CEDAR VETERINARY HOSPITAL, INC VETERINARY SERVICES ‐ GUSTAV 579.86 $ 33698 08/02/2022 FINANCE COMPUTER MAINT COMCAST 07/22 SVS 8155500320322006 92.88 $ 33699 08/02/2022 WWTP WWTP DAHL‐BECK ELECTRIC INFLUENT PUMP REPAIR 43,699.48 $ 33700 08/02/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ PAC 36.00 $ 33701 08/02/2022 PD OPS PD OPS FRESNO CITY COLLEGE POLICE ACADEMY REGISTRATION 2,691.00 $ 33702 08/02/2022 PD OPS PD OPS J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT ‐ Q1 5,025.60 $ 33703 08/02/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 1,815.90 $ 33704 08/02/2022 PW ADMIN WATER OPS MATHIES, MICHAEL PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33705 08/02/2022 FLEET STREETS MIDLAND TRACTOR CO,INC. REPAIR ‐ #220 DIFFERENTIAL 12,324.83 $33706 08/02/2022 ENGINEERING LTF ‐ STREETS NATIONAL DATA & SURVEYING SERVICES TRAFFIC COUNTS ‐ SUNRISE & LAKE 864.00 $ 33707 08/02/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 07/22 SERVICE 6690755760‐8 99.28 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33707 08/02/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 07/22 SERVICE 1619119913‐8 82.77 $ 33707 08/02/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 07/22 SERVICE 1902328695‐8 24.64 $ 33708 08/02/2022 FINANCE HR/RISK MGT PETTY CASH ‐ FINANCE DEPT. PETTY CASH REIMBURSEMENT 48.16 $ 33708 08/02/2022 FINANCE PARKS ADMIN PETTY CASH ‐ FINANCE DEPT. PETTY CASH REIMBURSEMENT 50.00 $ 33708 08/02/2022 FINANCE PLANNING PETTY CASH ‐ FINANCE DEPT. PETTY CASH REIMBURSEMENT 21.06 $ 33708 08/02/2022 FINANCE MEAS K ‐ PD PETTY CASH ‐ FINANCE DEPT. PETTY CASH REIMBURSEMENT 50.00 $ 33709 08/02/2022 WWTP WWTP POLYDYNE INC. SLUDGE DEWATERING POLYMER 22,557.15 $ 33710 08/02/2022 PD OPS PD OPS PROFORCE MISC EQUIPMENT 2,413.19 $ 33711 08/02/2022 PW ADMIN WATER OPS PROVOST & PRITCHARD CONSULTING PROFESSIONAL CONSULTING SERVICES 6,314.90 $ 33712 08/02/2022 ENGINEERING WATER CAPITAL OUTLAYQUAD‐KNOPF ENGINEERING PROFESSIONAL ENGINEERING SERVICES 36,439.42 $ 33713 08/02/2022 PW ADMIN WATER OPS ROMERO, ARTURO PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33714 08/02/2022 PD OPS PD OPS RON'S TOWING & ROAD SERVICE TOWING SERVICES 900.00 $ 33715 08/02/2022 ENGINEERING CDBG PUB IMPR SEAL RITE PAVING CONSTRUCTION SERVICES‐SIDEWALK IMPROVEMNT 16,877.02 $ 33716 08/02/2022 PW ADMIN WATER OPS SOLIS, OSCAR PER DIEM ‐ CWEA TRI‐STATE SEMINAR 274.75 $ 33717 08/02/2022 PD OPS MEAS K ‐ PD STANLEY SECURITY SOLUTIONS SECURITY SYSTEM REPAIR 3,048.31 $ 33718 08/02/2022 ENGINEERING ENGINEERING STRATEGIC INSIGHTS, INC. CIP SOFTWARE RENEWAL TO OCTOBER 2023 775.00 $ 33718 08/02/2022 FINANCE ENGINEERING STRATEGIC INSIGHTS, INC. CIP SOFTWARE RENEWAL TO OCTOBER 2023 387.50 $ 33719 08/02/2022 HR TRANSIT CENTER TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ TRANSIT 150.00 $ 33719 08/02/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ MILLVIEW 400.00 $ 33719 08/02/2022 PARKS PARKS TECH. MASTER PEST MANAGEMENT GOPHER CONTROL ‐ LTC 150.00 $ 33720 08/02/2022 PARKS PARKS UNITED RENTALS, INC MISC EQUIPMENT RENTAL ‐ BOOM LIFT 663.16 $ 33721 08/02/2022 PW ADMIN FACILITIES MAINT UNDERGROUND SERVICE ALERT 2022 MEMBERSHIP FEE 755.66 $ 33721 08/02/2022 PW ADMIN STREETS UNDERGROUND SERVICE ALERT 2022 MEMBERSHIP FEE 755.66 $ 33721 08/02/2022 PW ADMIN SEWER OPS UNDERGROUND SERVICE ALERT 2022 MEMBERSHIP FEE 755.66 $ 33721 08/02/2022 PW ADMIN WATER OPS UNDERGROUND SERVICE ALERT 2022 MEMBERSHIP FEE 755.67 $ 33721 08/02/2022 PW ADMIN WATER OPS UNDERGROUND SERVICE ALERT CA STATE FEE FOR REGULATORY COSTS $ 1,170.16 33722 08/02/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 1,350.00 $ 33723 08/02/2022 BUILDING BUILDING BLDING/PLAN REFNDS REFUND DOUBLE PAYMENT 39.02 $ 33723 08/02/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS REFUND DOUBLE PAYMENT 1.50 $ 33724 08/02/2022 BUILDING ADMIN SERVICES BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 93.72 $ 33724 08/02/2022 BUILDING ARTERIAL/COLLECTOR BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1,394.94 $ 33724 08/02/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 3,183.97 $ 33724 08/02/2022 BUILDING DIF/PW BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 323.67 $ 33724 08/02/2022 BUILDING DIF/FIRE BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 336.75 $ 33724 08/02/2022 BUILDING DIF/PARKS BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 2,652.57 $ 33724 08/02/2022 BUILDING DIF/POLICE BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 541.63 $ 33724 08/02/2022 BUILDING DRAINAGE DIF BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1,132.30 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33724 08/02/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 33724 08/02/2022 BUILDING GENERAL GOV DIF BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 231.04 $ 33724 08/02/2022 BUILDING MEDIAN ISLAND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 387.97 $ 33724 08/02/2022 BUILDING SEWER NEW REQ BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 135.14 $ 33724 08/02/2022 BUILDING TRAFFIC SIGNAL BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 235.40 $ 33724 08/02/2022 BUILDING TRANSPORTATN DIF BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 951.40 $ 33724 08/02/2022 BUILDING WASTE WATER DIF BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1,314.30 $ 33724 08/02/2022 BUILDING WATER PIPE DIF BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 283.33 $ 33724 08/02/2022 BUILDING WATER WELL DIF BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 562.34 $ 33725 08/02/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 39.02 $ 33725 08/02/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 33726 08/02/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 39.02 $ 33726 08/02/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 33727 08/02/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 809.84 $ 33727 08/02/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 6.60 $ 33728 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33729 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC REDWOOD AREA 50.00 $ 33730 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ POOL 100.00 $ 33731 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ POOL 100.00 $ 33732 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33733 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ ROTARY SHELTER #2 50.00 $ 33734 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ MSR PAVILION 50.00 $ 33735 08/02/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 33736 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 427 WEST EL MONTE 149.84 $ 33737 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 2704 RIVERVIEW 176.40 $ 33738 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND SUNDANCE 151.25 $ 33739 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 200 ROOSEVELT 35.69 $ 33740 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB 9925510 2910 FALCON 12.49 $ 33740 08/02/2022 UB ‐ WATER SEWER FUND OTP‐ UB REFUNDS UB 9925510 2910 FALCON 18.00 $ 33741 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9913627 1434 TOLUCA 240.98 $ 33742 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9916147 324 PERCY 174.26 $ 33743 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9918622 604 S D 199.01 $ 33744 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9915234 3450 BARON 61.77 $ 33745 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9925611 1426 LINDA MESA 126.04 $ 33746 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9921985 650 PARK 171.42 $ 33747 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9919014 1808 JENNINGS 52.74 $ 33748 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 8352008 128 PARK 924.49 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 33749 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9924033 1132 N D 64.69 $ 33750 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9924266 1409 W 5TH 37.19 $ 33751 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9919191 1267 SAN SEBASTIAN 138.37 $ 33752 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9924361 709 SHARON 48.56 $ 33753 08/02/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 9916430 1248 DIAMOND 557.36 $ 33754 08/04/2022 ENGINEERING RSTP ‐ FED EX MID CAL PIPELINE & UTILITIES, INC. R‐10 PHASE 2 ‐ OLIVE AVENUE WIDENING 23,232.64 $ 108 07/25/2022 FINANCE FINANCE PITNEY BOWES, INC. PREPAID POSTAGE REFILL 5,000.00 $ 109 07/27/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PARTICIPANT FEE ‐ JUNE 2022 96.00 $ 110 08/03/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 8,504.51 $ 111 08/03/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 3,606.74 $ BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 1,009,180.42

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: August 17, 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 August 2, 2022, and approved eligibility lists for the following classifications:
▪ Recreation/Community Programs Coordinator
▪ Water System Worker I
▪ Construction Inspector II
▪ Public Safety Dispatcher
▪ Police Officer Trainee
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
Carlin Taylor Animal Control Officer Police Department FT 7/16/22 Kristi Johnson Program Manager –
Grants
Finance Department FT 7/18/22
B-3
Table 1: New Hires and Re-Hires, continued
Name Position Department Status* Effective
Date
Maddyson Salazar Program Leader I Parks & Community
Services
PT 7/26/22
Will Tackett Director of Community
Development
Community
Development
FT 7/29/22
Elisa Perez Administrative Assistant Engineering FT 8/1/22 Jose Navarro Park Aide Parks & Community
Services
PT 8/8/22
*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
Christopher Anaya Police Corporal Police Sergeant 7/30/22 Blake Short Police Officer II Police Corporal 7/30/22
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Sergio Garcia Park Aide Parks & Community
Services PT 9/15/21
Francisco Venegas
Moreno Park Aide Parks & CommunityServices PT 9/25/21
Daniel Medina Park Aide Parks & Community
Services PT 2/23/22
Antonio Nico Park Aide Parks & Community
Services PT 5/18/22
Heath Middleton Police Officer II Police Department FT 7/15/22 Adrian Gomez Park Aide Parks & Community
Services PT 7/21/22
Table 3: Separations, continued
Name Position Department Status* Effective
Date
Wesly Vasquez Park Aide Parks & Community
Services PT 7/22/22
Adam Gonzales Administrative Analyst I Public Works FT 7/29/22 Dominick Delgadillo Public Works Maintenance
Worker I
Public Works – Safe
& Clean Team PT 7/29/22
Kristin Lindlief Police Officer Trainee Police Department FT 8/14/22 Jason Valdez Police Officer II Police Department FT 8/5/22 Matthew Sauceda Police Officer II Police Department FT 8/7/22 *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:
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) RECOMMENDATION:

Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days SUMMARY:

On January 19, 2022, the Council elected to return to remote meetings as permitted under AB 361. Approval of the resolution allows for the remote meeting procedures that the City had been using throughout the COVID-19 pandemic, subject to certain requirements that must be considered as part of the determination (by resolution) to adopt remote meeting protocols.

DISCUSSION:

The City may meet via remote teleconferencing if it adopts a resolution, that makes specific findings in support of conducting remote meetings. The City may extend the authorization in additional 30 day increments for the duration of the declared emergency, or until the Council decides to return to in-person meetings, or otherwise continues to comply with the regular remote meeting requirements of the Brown Act.

Table 1 identifies the differences between standard Brown Act remote teleconferencing and AB 361 teleconferencing. It is noted the City must still provide advance notice of public meetings and must continue to post meeting agendas consistent with the provisions of the Brown Act.

Council Meeting of: August 17, 2022
Agenda Number: B-4
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
If the legislative body of a local agency elects
to use teleconferencing, it shall post agendas
at all teleconference locations and conduct
teleconference meetings in a manner that
protects the statutory and constitutional
rights of the parties or the public appearing
before the legislative body of a local agency.
 Agendas not required to be posted at all
teleconference locations.
 Meeting must still be conducted in a
manner that protects the statutory and
constitutional rights of the parties or the
public appearing before the legislative
body of a local agency.

If the legislative body of a local agency elects
to use teleconferencing, each teleconference
location shall be identified in the notice and
agenda of the meeting or proceeding, and
each teleconference location shall be
accessible to the public.
 Agendas are not required to identify each
teleconference location in the meeting
notice/agenda.
 Local agencies are not required to make
each teleconference location accessible
to the public.

If the legislative body of a local agency elects
to use teleconferencing during the
teleconferenced meeting, at least a quorum
of the members of the legislative body shall
participate from locations within the
boundaries of the territory over which the
local agency exercises jurisdiction.
 No requirement to have a quorum of
board members participate from within
the territorial bounds of the local
agency’s jurisdiction.

If the legislative body of a local agency elects
to use teleconferencing, the agenda shall
provide an opportunity for members of the
public to address the legislative body directly
at each teleconference location.
 In each instance in which notice of the
time of the teleconferenced meeting is
given or the agenda for the meeting is
posted, the legislative body shall also give
notice of the manner by which members
of the public may access the meeting and
offer public comment.
 The agenda shall identify and include an
opportunity for all persons to attend via a
call-in option or an internet-based service
option.
 The legislative body shall allow members
of the public to access the meeting, and
the agenda shall include an opportunity
for members of the public to address the
legislative body directly.
 In the event of a disruption which
prevents the local agency from
broadcasting the meeting to members of
the public using the call-in option or
internet-based service option, or in the
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
event of a disruption within the local
agency’s control which prevents
members of the public from offering
public comments using the call-in option
or internet-based service option, the
legislative body shall take no further
action on items appearing on the meeting
agenda until public access to the meeting
via the call-in option or internet-based
service option is restored.
 Written/remote public comment must be
accepted until the point at which the
public comment period is formally closed;
registration/sign-up to provide/be
recognized to provide public comment
can only be closed when the public
comment period is formally closed.

ATTACHMENTS:

1. Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

COUNCIL AND ALL BOARDS, COMMISSIONS, AND STANDING
COMMITTEES OF THE CITY IN ACCORDANCE WITH ASSEMBLY BILL 361

FOR A PERIOD OF THIRTY DAYS
WHEREAS, COVID-19 (also known as the “Coronavirus Disease”) is a respiratory disease that has spread across the globe, with thousands of confirmed cases in California, including the City of Madera; and
WHEREAS, on January 31, 2020, the United States Secretary of Health and Human Services declared a public health emergency based on the threat caused by COVID-19, and the President of the United States issued a Proclamation Declaring a National Emergency Concerning COVID-19 beginning March 1, 2020; and
WHEREAS, in response to COVID-19, the Governor of the State of California issued a Proclamation of a State of Emergency in response to COVID-19 on March 4, 2020; and WHEREAS, the City Council of the City of Madera adopted a proclamation of a local emergency related to the COVID-19 virus on March 16, 2020; and WHEREAS, the City of Madera (“City”) is committed to preserving and fostering public access, transparency, observation, and participation in meetings of the City Council and Boards, Commissions, and Standing Committees (hereafter collectively referred to as “legislative bodies;” and
WHEREAS, all meetings of the City Council and legislative bodies are open and public as required by the Ralph M. Brown Act, Government Code sections 54950 – 54963, so that any member of the public may attend, observe, and participate in a meaningful way; and WHEREAS, Government Section 54953 (b) (3) of the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met:

1. Each teleconference location from which a member is participating is noticed on the agenda;

2. Each teleconference location is accessible to the public;

3. Members of the public must be able to address the body at each teleconference location;

4. At least one member of the legislative body must be physically present at the location specified in the meeting agenda; and

5. During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction; and 54953(e) et seq., allows for remote observation and participation in meetings by members of a legislative body and members of the public without compliance with the requirements of Government Code section 54953(b)(3), subject to certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act at Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, caused by conditions as described in Government Code section 8558; and
WHEREAS, the Governor’s Proclamation of a State of Emergency includes area within the jurisdictional boundaries of the City; and
WHEREAS, Government Code Section 54953(e)(3)(A-B) added by AB 361 provides an alternative to having public meetings in accordance with Government Code Section 54953(b)(3) when City Council has reconsidered the circumstances of the COVID-19 state of emergency and that the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Boards, Commissions, and Standing Committees to meet safely in person; and

2. The State of California and the County of Madera continue to recommend measures to promote social distancing.

WHEREAS, Government Code Section 54953(e) et seq. further requires that state or local officials have imposed or recommended measures to promote social distancing or the legislative body finds that meeting in person would present an imminent risk to the health or safety of attendees; and
WHEREAS, such conditions now exist in the City in that (i) State and Local officials recommend social distancing measures and (ii) emergency conditions evidenced by COVID-19 and its variants create ongoing COVID-19 cases, hospitalizations, and deaths and meeting in person would present imminent risk to health or safety of attendees; and WHEREAS, the City Council affirms that it will allow for observation and participation by Council Members as well as Board, Commission, and Standing Committee Members and the public via Zoom in an effort to protect the constitutional and statutory rights of all attendees; and
WHEREAS, Government Code Section 54953 (e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing as authorized by AB 361 at least once every thirty days until the Governor terminates the state of emergency.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY RESOLVES AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. The City Council finds that the state of emergency conditions related to COVID- 19 as set forth in the Governor’s and City’s Proclamations of Emergency and are ongoing.

Section 3. The City Council further finds that state and county official recommend social distancing conditions causing imminent risk to attendees as described above exist.

Section 4. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor and the City in the City and affirms, authorizes, and proclaims the existence of a local emergency throughout the City.

Section 5. The City Council finds that the state of emergency as a result of COVID-19 continues to directly impact the ability of members of the City Council and the members of the City’s Boards, Commissions, and standing committees to meet safely in person and such fact creates an imminent health risk to such members.

Section 6. The City Council hereby authorizes the City Council and all of the Boards, Commissions, and Standing Committees of City to conduct their meetings without compliance with Government Code section 54953(b)(3), and to instead comply with the remote meeting requirements as authorized by Government Code section 54953(e) et seq.

Section 7. The City Manager and City Clerk are authorized and directed to take all actions reasonably necessary to carry out the intent and purpose of this Resolution, including, conducting open and public meetings remotely in accordance with Government Code section 54953(e) et seq., and other applicable provisions of the Brown Act, for all City Council meetings, and all Boards, Commissions, and standing committee meetings of the City.

Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) September 16, 2022 or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without
compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e) et seq.
* * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 17, 2022
_ _ _ _ _ _ _ Agenda Number: __ _
Keith Helmuth, City Engineer
_ _ _ _ _ _ _
Arnoldo Rodriguez, City Manager
SUBJECT:

Preparation of a Development Impact Fee Program Update
RECOMMENDATION:

Adopt a Resolution Approving Amendment No. 2 to Agreement with Colgan Consulting Corporation for Professional Services Related to the Preparation of a Development Impact Fee Program Update in the amount of $16,500
SUMMARY:

As part of a discussion on economic development tools and programs in the spring of 2017, the City Council (Council) approved a professional services contract with Colgan Consulting Corporation (Colgan) to prepare a Development Impact Fee (DIF) Program Report. A professional services contract with a cost of $46,250 was approved at the July 19, 2017 Council meeting.

Subsequently Amendment No. 1 to the contract was approved by Council on March 17, 2021 which extended the contract to March 17, 2022. A draft report was prepared by Colgan and provided to the City during that time. Amendment No. 1 expired on March 17, 2022.

Given the passage of time and changes in law, staff requested a new proposal (Proposal) to update and finish the Development Impact Fee Program Report to address items that may require adjustment due to the passage time and recent changes in law. Colgan presented a proposal on July 11, 2022 to staff. Staff has reviewed the Proposal and agrees with scope and fee of $16,500.00.

DISCUSSION:

The basic structure of the DIF program was established through Council action in July of 2003.

The program called for annual adjustments to the fees to reflect changes in construction costs for public improvements as identified by the Engineering News Record Construction Cost Index.

However, just two adjustments have been approved since 2003 prior to selection of Colgan, the most recent of which was completed in 2007. An update to the fee study was completed in 2010 u ~ B-5 -- L.,e4 M)'0=-?=- -
and reviewed by the Council in early 2011. Due to poor economic conditions, the study was not adopted, and no changes were made to the fee schedule.

As part of a discussion on economic development tools and programs in the spring of 2017, the Council authorized staff to proceed with an update to the DIF Program. A request for proposals was prepared and circulated, resulting in proposals from four firms, each with significant experience in similar work efforts. The submittal by Colgan was identified as the best overall proposal. A professional services agreement with Colgan Consulting Corporation was approved by Council on July 19, 2017.

Colgan completed a draft of the DIF Report (Report) in November of 2018. While this Report was considered complete at the time and ready for consideration by Council, staff has determined that the passage of time since it was originally completed and recent changes in law has resulted in the need to update several items in the draftreport.

Once the Amendment is executed, Colgan has indicated that an update to the Report can be completed within three months subject to how quickly data can be provided.

FINANCIAL IMPACT:

Funding for the Amendment is available from the various impact fee revenue accounts. Costs of the Amendment will be funded from accounts in the proportions as that determined for the original agreement. Any remaining scope and unbilled fees from the contract and Amendment No. 1 are included in the Amendment.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The 2025 Action Plan calls for an update to the impact fee program at least every two years or less. The recommended action is consistent with that direction, as well as with the various strategies which call for the provision of infrastructure to accommodate population growth, and the development of a financial plan to prepare for future growth.

The Report itself calls for fees to be reviewed annually and updated as necessary based on changes in the cost of park land, park improvements and other assets. The Report also recommends that studies be updated entirely every few years. Staff concurs with the recommendation contained within the draft Report.

ALTERNATIVES:

Should Council not to approve this Amendment, Council can direct staff to negotiate with Colgan on any or all terms included within the Colgan’s Proposal.

ATTACHMENTS:

1. Resolution for Contract Amendment

2. Amendment No. 2
a. Exhibit A, Proposal
ATTACHMENT 1
RESOLUTION NO. 22-_ _

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH COLGAN

CONSULTING CORPORATION FOR PROFESSIONAL SERVICES RELATED TO

THE PREPARATION OF A DEVELOPMENT IMPACT FEE PROGRAM UPDATE WHEREAS, Title X, Chapter 8 of the Madera Municipal Code provides for aDevelopment Impact Fee Program, which allows fees to be levied to mitigate impacts attributable to new development; and
WHEREAS, the Municipal Code requires that the periodic updates of the Fee Program be prepared to reflect changes in construction costs, development schedules, availability of other funds, and other factors; and
WHEREAS, the City entered into an agreement with Colgan Consulting Corporation (Colgan) on July 17, 2017 to prepare an update to the existing Development Impact Fee Program; and
WHEREAS, Colgan completed a draft of a Development Impact Fee Study Report (Report) on November 18, 2018 which has not been adopted; and
WHEREAS, the City approved Amendment No 1 to the agreement with Colgan on March 17, 2021; and
WHEREAS, the City desires to complete the update to the Report to reflect changes in costs, recent changesin law, and other items of relevance that require adjustments given passage of time; and
WHEREAS, Colgan submitted an acceptable scope of work and cost proposal for the desired work; and
WHEREAS, Amendment No. 2 to Agreement is necessary to revise the scope of work, compensation, changes in State law associated with impact fees, and delivery schedule for the DIF Program Report.

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

1. The above recitals are true andcorrect.

2. The Council approves Amendment No. 2 to Agreement with Colgan Consulting Corporation for Professional Services Related to the preparation of a Development Impact Fee Program Update as set forth in Attachment A to this resolution and incorporated by reference..

3. Council further authorizes extra services of up to 10 percent as approved by the City Engineer.
---

4. This resolution is effective immediately.
*******
ATTACHMENT 2
AMENDMENT NO. 2 TO AGREEMENT WITH COLGAN CONSULTING

CORPORATION FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION

OF A DEVELOPMENT IMPACT FEE PROGRAM UPDATE
This Amendment No. 2 to the Agreement with Colgan Consulting for Professional Engineering Services Related to the Preparation of a Development Impact Fee Program Update (hereinafter called “Agreement”), between the City of Madera, a municipal corporation of the State of California, hereinafter called “CITY” and Colgan Consulting Corporation. hereinafter called “CONSULTANT” is entered into this 17th day of March 2021.

R E C I T A L S
WHEREAS, on July 19, 2017, CITY and CONSULTANT entered an Agreement to Prepare a Development Impact Fee Program Report; and
WHEREAS, on March 1, 2017, CITY and CONSULTANT entered an Agreement for Amendment No 1 to Prepare a Development Impact Fee Program Report update, hereinafter called “Amendment No 1”; and
WHEREAS, City has determined that Amendment No 2 is necessary given the passage of time since the original Development Impact Fee Program Report and Amendment No 1; and WHEREAS, Amendment No. 2 it to complete the scope of work under the original Development Impact Fee Program Report and Amendment No 1, compensation, and delivery schedule for the additional professional services.

A G R E E M E N T
In consideration of the recitals listed above and the mutual obligations of the parties herein, CITY and CONSULTANT agree that the Agreement between CITY and CONSULTANT shall be amended as follows:

SECTION 1. Section 2 of the Agreement shall be amended by adding the following:

2. SCOPE OF WORK:

CONSULTANT shall provide the professionalservices necessary to update the 2018 Draft Impact Fee Study Report as set forth in EXHIBIT A, “Proposal to Update the 2018 Draft Impact Fee Study Report” (EXHIBIT A), attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by himself or any sub-consultants, if found necessary, for delivery of the project.

CONSULTANT shall comply with applicable City of Madera design standards and requirements as directed by the CITY and applicable State and Federal requirements.

SECTION 2. Section 5 of the Agreement shall be amended to read as follows:

5. COMPENSATION
The basic fee for work listed in EXHIBIT A, attached hereto and incorporated herein by reference, for the work tasks itemized in the Scope of Services is $16,500.00.

SECTION 3. Section 7 of the Agreement shall be amended to read as follows:

7. EXTRA SERVICES
CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Scope of Services or for such services as may be specifically requested by CITY through the City Engineer in writing and agreed to by CONSULTANT for an agreed to fixed fee or hourly rate of compensation of $150.00 per hour or for necessary expenses over that listed in the Exhibit A, provided, however, the City Engineer’s authority under this provision is limited to expenditures not to exceed the amount of two thousand seven dollars ($2,700).

SECTION 4. Section 11, Subsection A ofthe Agreementshall be amended by adding the following:

11. TIME OF COMPLETION
A. Based on an agreed upon Notice to Proceed date, CONSULTANT shall complete the work listed in EXHIBIT A attached hereto and incorporated by reference within 3 months from the date of this Agreement.

SECTION 5. Section 11, Subsection D of the Agreement shall be amended to read as follows:

D. CONSULTANT shall complete all services required under this Agreement and Amendment 2 to this Agreement and this Agreement shall expire 12 months from full execution of this Amendment.

SECTION 6. Except as set forth in this Amendment No. 2, all other terms and condition in the Agreement shall remain in full force and effect.

In witness whereof, CITY and CONSULTANT have executed this Amendment No. 1 to the Agreement on the date first written above.

CITY OF MADERA COLGAN CONSULTING CORPORATION
By: _ _ _ _ _ _ By: _ _ _ _ _ ___ _ _
Santos Garcia, Mayor Joseph Colgan, President
APPROVED AS TOLEGAL FORM By: _ _ _ _ _ _ _ _
By: _ _ _ _ _ _
Hilda Cantu Montoy, CityAttorney
Title: _ _ _ _ _ _ _
__20-1147363 _ _ _ _ _
ATTEST: Taxpayer ID Number
By: _ _ _ _ _ __
Alicia Gonzales, City Clerk

EXHIBIT A
Proposal
3308 El Camino Avenue | Suite 300-212 | Sacramento, CA 95821 July 11, 2022
Keith Helmuth, P.E.

City Engineer
City of Madera
428 East Yosemite Avenue
Madera, CA 93638
Subject: Proposal to Complete an Update the 2018 Draft Impact Fee Study Report Dear Mr. Helmuth:

As you requested, I am submitting this proposal to finalize the update of the final draft impact fee study report that I originally submitted in November 2018. I completed a considerable amount of work on that update in 2021 under Amendment #1 to my Agreement with the City of Madera. However, as you know I was unable to complete the update before my contract with the City expired in March of 2021 because some of the necessary information was not available. In addition, AB 602, which was passed and signed into law late in 2021, established some new requirements that must now be addressed in the update before the impact fee study can be adopted by the City Council.

To briefly review my qualifications, I founded Colgan Consulting Corporation in 2004 after serving for more than 14 years as the principal impact fee consultant for David M.

Griffith & Associates (DMG) and for MAXIMUS, Inc. which acquired DMG in 1998. I am the only employee of Colgan Consulting Corporation. For convenience, I may refer to myself in this proposal, but it should be understood that the City would be contracting with my company for this update.

I have specialized in impact fee nexus studies for over 30 years. Since I began work in this field in 1990, I have personally conducted over 150 impact fee studies in six states.

Most of that work was done for California clients, but I have also done impact fee studies in Oregon, Utah, Arizona, New Mexico and Florida. I have served three terms on the Board of the National Impact Fee Roundtable (now the Growth and Infrastructure Consortium) and have spoken on impact fees at conferences and seminars nationally. My background also includes ten years working in local government as a planner and planning director.

Over the last few years, I have played a major role in impact fee studies for a number of other agencies including several fire districts and a park district as well as the cities of Rancho Cucamonga, La Quinta, Indio, Orland, Rocklin, Victorville and most recently Chowchilla. All of that work was completed as a subcontractor to NBS Government Finance Group with whom I have an exclusive subcontracting arrangement. However, since my work on the 2018 Madera study predates that relationship, NBS does not object to my contracting directly with the City to complete the Madera study.

Scope of Services. The purpose of the work addressed in this proposal is to finish updating the draft impact fee study prepared in 2018 and to make additional revisions in that report needed to bring it into compliance with amendments to State law contained in A1~ Colgan Cons':)lting , Corporation
Assembly Bill 602, which passed in 2021. Two key requirements of AB 602 that are now in effect are: (1) that residential impact fees must be charged in proportion to unit size rather than by unit type; and, (2) that an impact fee nexus study must identify the existing level of service for each public facility (addressed in the study), identify the proposed new level of service and include an explanation of why the new level of service is appropriate. Each of these requirements will have to be addressed for most or all of the facilities covered in the impact fee study.

The following paragraphs discuss other work that will be necessary to finish updating the impact fee study. This proposal assumes that the methods used to calculate impact fees in the draft report will not change, but if the City wishes to update lists of existing or proposed facilities or estimated costs for those facilities as part of this update, those changes are covered by this proposal as long as the City provides that information in a form that can be inserted directly into tables in the report.

Chapter 1 – Introduction. Chapter 1 will be revised to address changes in California law since it was last updated.

Chapter 2 – Development Data. Existing development data in Chapter 2 will be updated to 2022 based on population and residential unit data from the California Department of Finance. If the City wishes to revise data on existing non-residential development, that information should be provided in a form that can be entered directly into the relevant tables in Chapter 2. This proposal assumes that there will be no change in the buildout development data used in the impact fee study.

Chapter 3 – Parks and Recreation. This chapter has not been updated since 2018 because information on existing facilities and replacement costs were not available in 2021 due to staff vacancies. This proposal assumes the City will provide information on existing parks, recreation facilities, and park maintenance equipment, including replacement costs, in a form that can be inserted directly into the tables in Chapter 3.

Chapter 4. Police Facilities. This chapter was updated in 2021. If the City wishes to provide updated information on existing facilities, vehicles or equipment, that information should be provided in a form that can be entered directly into the relevant tables in Chapter 4. The calls-for-service factors used to allocate costs in Chapter 4 are based on the original analysis from the 2018 study, which used 2017 data. An updated analysis was done in 2021 using 2020 data but the resulting factors were not used in the 2021 update because some of the results appeared to be skewed by conditions during the COVID lockdown. If the City wants the calls-for-service analysis to be updated again, an additional amount is shown in the cost proposal to cover that work.

Chapter 5. Fire Protection Facilities. This chapter was updated in 2021. If the City wishes to provide updated information on existing facilities, vehicles or equipment, that information should be provided in a form that can be entered directly into the relevant tables in Chapter 5.

Chapter 6. General Government Facilities. This chapter was updated in 2021. If the City wishes to provide updated information on existing facilities or vehicles, that information should be provided in a form that can be entered directly into the relevant tables in Chapter 6.

Chapter 7. Transit. Updates to this chapter were not completed in 2021 but it appears most of the information needed to complete those updates is now available. That information should be provided in a form that can be entered directly into the relevant tables in Chapter 7.

Chapter 8. Water. This chapter was updated in 2021. If the City wishes to provide updated information on facility costs or other data relevant to the analysis, that information should be provided in a form that can be entered directly into the relevant tables in Chapter 8.

Chapter 9. Sewer. Some of the cost information needed to finish updating this chapter was not available in 2021 and decisions are needed about what costs to include in the impact fee calculations.

Chapter 10. Storm Drainage. This chapter was updated in 2021. If the City wishes to provide updated information on facility costs or other data relevant to the analysis, that information should be provided in a form that can be entered directly into the relevant tables in Chapter 8.

Chapter 11. Streets. Cost information needed to finish updating this chapter was not available in 2021 and decisions are needed about what costs to include in the impact fee calculations.

Chapter 12. Implementation. This chapter will be updated to address changes in State law since the previous draft was completed. If desired by the City, an appendix containing a detailed list of transportation improvements and estimated costs used in the calculation of the transportation impact fees will be added to the report. Information to be included in that appendix will be provided by the City.

Impact Fee Comparison. This proposal does not include the cost of updating the impact fee comparison prepared in 2021. However, Colgan Consulting can provide some comparison data from a recently completed study for the City of Chowchilla. That information is now in the public record.

On-site Meetings. This proposal assumes that it will not be necessary for the consultant to attend any on-site meetings to complete the impact fee study update. The cost of attendance at public meetings with the City Council or other groups to present and discuss the updated report are shown as an optional cost in the cost proposal below.

Cost Proposal. The cost of the services described in this proposal are shown below.

According to my records, the unused balance on Amendment #1 is $7,825.00.

Update impact fee study report $12,500.00
Update analysis of police calls for service (optional) $1,500.00 Subtotal $14,000.00
Time and travel expenses for each on-site public meeting* $1,250.00 Total Not to Exceed Amount ** $16,500.00
* The cost for public meetings attended remotely is $500.00 each. ** Not to exceed amount includes the cost of two on-site public meetings.

Colgan Consulting will submit monthly invoices to the City based on time and expenses charged to this project each month.

Deliverables. As the update proceeds, preliminary drafts of each chapter will be submitted to the City for review and comment. Once drafts of all chapters have been completed, an administrative draft of the entire report will be submitted for review and comment.

A final draft report will then be prepared for review by the City Council and the public. If necessary, any additional revisions will be incorporated into the final report.

All versions of the report will be submitted electronically in .pdf format. Upon completion of the work, the original Word and Excel documents prepared as part of this study will be submitted to the City.

Timeline. The time required to complete the update is expected to be two-to-three months, but that time will depend on how quickly data needed for the update is provided by the departments. For contract purposes, I recommend a term of six months.

This proposal will remain valid for a period of 45 days. As president of Colgan Consulting Corporation, I am authorized to make binding commitments for the company.

Sincerely,
Joseph Colgan
President t T
J,
f

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
2022 Old Timers Day Parade and Booths in the Park event entries RECOMMENDATION:

Approve a Minute Order authorizing the City Manager to execute documents necessary for any City entries in the Old Timers Day Parade and related Booths in the Park event scheduled September 24, 2022
SUMMARY:

The City Council and various City departments have traditionally participated in the Old Timers Day Parade. The parade is one of Madera’s most historic and longest legacies. This day marks the parade’s 91
st year of history. In order for the City Council or other City departments to participate in the parade event or booths in the park, applications including hold harmless agreements, must be executed.

DISCUSSION:

The 2022 Madera Old Timers’ Day Parade and Booths in the Park event will occur on Saturday, September 24, 2022. The City Council has historically participated in the event, as well as City departments. In order to participate, applications and hold harmless agreements must be executed on behalf of the City and submitted to event organizers. The requested action is to authorize the City Manager to execute any required documentation for these entries on behalf of the City.

Council Meeting of: August 17, 2022
Agenda Number: ___B-6_____
FINANCIAL IMPACT:

The parade and park events have various entry fees depending on the type of entry. Cost ranges from $40 to $100 depending on the entry. Funds to pay for the entry fees would come from existing budgeted dollars; there is no request for additional appropriation of funds.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

While this action is not specifically identified in the Vision and Action Plan; it is closely aligned with Strategy 317.4, develop, and encourage gatherings, festivals, and events.

ALTERNATIVES:

The Council may direct staff not to participate in the parade.

ATTACHMENTS:

1. Parade Entry Form and Hold Harmless Agreement

2. Booths in the Park Application and Liability Release and Hold Harmless Agreement

2. 1.

2. 1.

Category of Entries (SELECT ONE)
(see parade rules #5 & #6)
Class: 1 Floats
Commercial
Youth Groups
Organizations
Class 2:Military Units
Drill Teams
Color Guard
Class 3: Bands
High School (over 1600 students)
High School (700-1599)
High School (100-699)
Junior High School
Class 4: Drill Teams (Non Military)
Auxiliary – Jr.

Auxiliary – Sr.

Class 5: Majorette/Drum Majors
Majorette, Peewee Group (3 or more)
Majorette, Single Junior
Majorette, Single Senior
Majorette, Jr. Group (3 or more)
Majorette, Sr. Group (3 or more)
Drum Major, Junior. High School
Drum Major, Senior High School
Class 6 Open Class
Future Horseman (ages 1 - 8)
Costume or Western
Junior Equestrian (ages 9 - 12)
Class 7: Divided Classes (Male & Female)
Mounted Group
Color Guard
Charro/Charra
Parade Horse or Pony
Charro/Charra Costume
Working Horse Western – Jr.

Working Horse Western – Sr.

Fancy Dressed Western – Jr.

Fancy Dressed Western – Sr.

Plain Western – Jr.

Plain Western – Sr.

Novelty – Fiesta (Jr. & Sr.)
Class 8: Hitch Classes
Horse
Pony
Mule
Class 9: Special Groups
Antique Auto
Antique Auto Group (3 or more)
Classic Auto
Classic Auto Group (3 or more)
Decorated Auto, Truck, Car, or Boat
Dune Buggy or 4-Wheel Drive
Comic
Street Rods
Motorcycle
Old Fire Trucks
Class 10: Youth Groups
Dance Group
Performing Gymnastics Group
Youth Comic
Scout Troops
Bike Group/Clubs
Cheer
Youth Activities-Other
Class 11: Non-Judged
Commercial
Political Individual/Group
Miscellaneous
Entry Fees:

Political $100.00
All Others $45.00
Late Fees (after 9/10/2021) $20.00
No Entry Fee for Bands
Completed signed application and hold
harmless agreement can be mailed or
delivered to:

Old Timers’ Day Parade
c/o Madera Chamber of Commerce
120 North E Street
Madera, CA 93638
Or email forms to: [email protected]
Please make checks payable to:

Madera Downtown Association

PARADE RULES

1. Parade starts at 10:00 a.m. SHARP!

2. Forward motion at all times. Units will be
penalized for delay.

3. Maintain approximately 50 ft. between units.

4. NO throwing or distributing of candy or objects
to spectators.

5. Junior Units are age 13 and under. (circle)

6. Senior Units are age 14 and older. (circle)

7. Bands should play often along route.

8. Identification numbers are to be placed in
view of the judges (facing north).

9. Entries involving vehicles or animals must
maintain control of same at all time.

10. Entries may enter in only one category.

11. Only one trophy awarded per entry.

12. Children under the age of 6 may not enter
unless accompanied by a person 18 years of
age or older.

13. Parade officials reserve the right to discharge
any parade participant…

14. All vehicles participating in parade must be
insured for liability.

PARADE GOES ON RAIN OR SHINE!

AWARDS CEREMONY
After the parade, and upon judges final
tallying of scores, the Awards Ceremony will
be held after the parade, at Courthouse Park.

AWARDS
1st, 2nd & 3rd Place categories receive trophies.

Bands: In addition to 1st, 2nd, and 3rd place
trophies, the school who places 1st Overall
(band, aux., and drum major) will receive
$200.00
Equestrian: All will be judged by CAHA judge.

The 1st Overall equestrian will receive $150.00,
2nd Overall will receive $100.00 and 3rd Overall
will receive $50.00. Trophies will be awarded
for all equestrian entries.

ENTRY FORM
2021 Old Timers’ Day Parade
Saturday, September 24, 2022
Entries Close September 14, 2022
Organization Name
Authorized Representative
Address
City Zip
Phone
Email
# of Participants # of Vehicles
Entry Type
(ex: Semi-Trailer/Car/Truck/Horses/Float/Harley)
Approx. length of entry
Amount Enclosed $
My signature certifies the category of entry in which
to be judged. In entering this event, I agree to
accept the decision of the duly appointed judges. I
have read and agree to abide by all rules and
regulations of the event. I agree to release the
Madera Downtown Association, Madera Sunrise
Rotary, and all their associates affiliates with this
event from any, and all, responsibility for loss,
damage, and/or personal injury to any person or
property from any participation in this event. I also
confirm that this entry holds a current liability
insurance policy to cover event participation.

Signature of Authorized Representative
Questions ??
Call: 559-474-9901
Email: [email protected]

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2022 Old Timers Day Parade

HOLD HARMLESS AGREEMENT
In submitting this application, the Applicant (organization/group name) , and its agents and those assigned, agrees to release and hold harmless the, Madera Downtown Association, City of Madera, Madera Sunrise Rotary Club, and their directors, members, employees, volunteers, and other representatives, and to promptly indemnify same, from and against any and all claims, actions, damages, liability of every typed and nature, including all costs and legal expenses incurred by the applicant or any other party, by reason of any activity arising under, or in connection with the applicant’s participation in the Old Timers Day Parade including but not limited to loss of life, personal injury, and/or damage to property arising from, or out, of any occurrence, omission, or activity to such participation.

In the event Madera Downtown Association, City of Madera, and Madera Sunrise Rotary Club shall be made a party to any litigation by or against the Applicant, then the Applicant shall hold the Madera Downtown Association, City of Madera, and Madera Sunrise Rotary Club harmless and shall pay all cost, expenses and attorney’s fees incurred or paid by them in connection with such litigation. In signing below, I verify that in consideration of your acceptance of this entry, I intend to be legally bound myself , my heirs, executors and administrators, waive and release any and all rights I may have against Madera Downtown Association, City of Madera, and Madera Sunrise Rotary Club, and all other associated sponsors, promoters, and agents for any and all injuries suffered by me in conjunction with/and or arising in and out of my traveling to, participate in, and returning from Old Timers Day Parade.

By signing this document, the applicant certifies that they have read, understand and will comply with the Old Timers Day Parade Rules and Regulations. The applicant further certifies that all members participating in the unit identified in the application have been advised of and are knowledgeable of said rules and regulations and have agreed to comply with them. The applicant further agrees to hold harmless, the Madera Downtown Association, City of Madera, Madera Sunrise Rotary Club and its designated representatives, volunteers and sponsors, for all claims, damages and liability arising from any injury associated with the parade in all manner.

THIS HOLD HARMLESS AGREEMENT MUST BE SIGNED OR THE APPLICANT WILL NOT BE ADMITED TO THE PARADE.

I agree to the Hold Harmless Agreement.

SIGNATURE OF AUTHORIZED REPRESENTATIVE TO GIVE CONSENT:

Print Name of AUTHORIZED REPRESENTATIVE TO GIVE CONSENT Date
w; • MADERA

OLD TIMERS' DAY
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The Madera Downtown Association & Madera Sunrise Rotary 2022 Old Timers’ Day Parade
SATURDAY SEPTEMBER 24, 2022 AT 10:00 A.M.

Entries due by September 14, 2022
Announcers Script Information
Please tell us a little about your entry, your past awards, and other parades you’ve been involved in. If your entry is a float, please tell us who built it, the name of your sponsors, etc. This information will be read by the parade announcer and will be used in the pre-parade publicity. Please limit your script to 50 words. We will edit your script if necessary.

Your entry will be final when all paperwork; entry form, hold harmless agreement, publicity information sheet, and payment has been submitted. After completion of parade application forms, please make a copy for your records.

Mail or deliver your completed entry form, with payment (Cash, Check, or Credit Card, to):

Madera Old Timers’ Day Parade c/o Madera Chamber of Commerce 120 N. E St. Madera, CA 93638
Or email forms to: [email protected]
Please contact the parade organizer with any questions
at: [email protected] or (559) 474-9901
WI • MADERA

OLD TIMERS' DAY
PARADE
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BOOTHS IN THE PARK
@ Madera County Old Timers’ Day Parade
Application Due Date: 09/02/2022
Application: All pages must be completed. Only and all food vendors must complete the Concessionaire Health Permit Application.

Event Details:

This year marks the 91st anniversary of the Old Timers' Day Parade! A 14-foot steel beam salvaged from the World Trade Center attacks will lead this year's parade. Following the parade, a groundbreaking ceremony will be held in Courthouse Park, serving as the beam's final resting place. Every year, thousands of people gather in Madera, California for the Old Timers' Day Parade. During and after, our guests like to enjoy the variety of foods and park activities at the Park.

Any club, church, service organization, business, or other organization may apply to participate in Booths in the Park at the Madera County Courthouse Park on Saturday, September 24th, 2022 from 8 am - 3 pm.

Booth space will be available for applicants who will be able to sell foods, soft drinks, novelty items, arts and crafts, or distribute approved information.

Fees:
● Standard booth space: Forty Dollars ($40.00).
● Political booths: Seventy-Five dollars ($75.00).
● Rain Insurance: Ten dollars ($10.00). (if it rains enough to impact the event, your entire fee would be refunded, including the insurance fee)
● Food Vendor Operations Food Permit: One hundred & Twenty Nine dollars ($129) o Non-Profits and Veterans may be exempt from this fee (see the Concessionaire Health Permit application for details)
● Checks made payable to Madera Young Professionals
Booth Space Details:
● Space location will be assigned approximately one week before the event. All approved applicants will receive a site map validating their location. ● Electrical outlets are limited so most spaces do not have power. These spaces will be prioritized for applicants serving consumable items. (Power is not guaranteed) ● Standard Booth space size is 10 x 10.
○ Exceptions can be made for food vendors.
○ Non-Food vendors may be required to pay for two spaces if the space is needed.

If you have any questions you may call MYP President Saim Mohammad (559)514-4516 or Event Chairman Alex Salazar (559)232-5668. Email: [email protected] Applicant’s Information
Company Name: ________________________________ Date: ________________ Time: _________ Contact Name: _______________________________________________________________________ Contact Email: __________________________________ Contact Phone: _______________________ Booth Space Type: (Standard or Political)_________________________________________________ Question #1: What will you be selling? (If food or beverage, details of each product are required) Details: ______________________________________________________________________________ _____________________________________________________________________________________ Question #2: Does your booth require we provide you with electricity? (Please explain your need) Details: ______________________________________________________________________________ _____________________________________________________________________________________ Question #3: Will your booth be offering any free items or entertainment items for bye-passers? Details: ______________________________________________________________________________ _____________________________________________________________________________________ Total Payment Received:

Payment Method: (Check or Venmo):

Date Payment Received:

Please Complete All Hems B,elow
Please Complete AIi Required Quesuons Below
For ll'lternal Use 0al11
Madera Young Professionals Liability Release and Hold Harmless Agreement My signature below confirms that I, ___________________________ (Name), my business/organization, employees, and volunteers hereby release and hold the Madera Young Professionals, its board, and volunteers harmless from any and all claims, suits, actions, damages, and causes of action that may arise on September 24th, 2022 at the Madera Courthouse Park during the Booths in the Park event. I agreed to reserve space at this event with the understanding that it is a public event with no enclosed perimeter and no dedicated security.

Organization Name: __________________________ Role: ____________________________ Print Signer Name: __________________________
Signature: ________________________________ Date: ______________________________

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 17, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing to Consider the Proposed Annexation of Property Within the Vineyard Estates Phase III-A Subdivision into City of Madera Landscape Maintenance District Zone of Benefit 27B RECOMMENDATION:

Adopt Resolution Approving Annexation No. 2022-04 for Annexation of Vineyard Estates Phase III-A Subdivision (Tract No. 21-S-02) into Zone of Benefit 27B, Confirming the Diagram and Assessment for City of Madera Landscape Maintenance District (LMD) Zone of Benefit 27B for Fiscal Year (FY) 2023/24; and Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor SUMMARY:

This public hearing is for the purpose of annexing Vineyard Estates Phase III-A Subdivision (Tract No. 21- S-02) into the City’s LMD. The Property is set forth in the attached resolution for Annexation No. 2022-04 for annexation to Zone of Benefit 27B.

On December 8, 2020, the City’s Planning Commission approved Tentative Subdivision Map No. TSM 2020-04 for the Vineyard Estates Phase III-A Subdivision (“Project”). On August 4, 2022, City Council approved a resolution initiating proceedings pursuant to the Landscaping and Lighting Act of 1972 for the annexation of the Property into LMD Zone of Benefit 27B, to review the improvements and assessments for Fiscal Year 2023/24, and Set a Public Hearing. That hearing was set for August 18, 2022. The Proposed Resolution relates to the annexation of Project Property to the LMD Zone of Benefit.

DISCUSSION:

In June of 1991, the City formed the City of Madera Landscape Maintenance District which allowed for individual LMD’s to be formed for the purposes of levying assessments against new development for the maintenance of landscaped areas including median islands, certain park strips, frontage road median islands and certain landscaped outlots. Ultimately, the creation of LMD’s lead to a greater ability to provide projects that meet the City’s goals of more attractive development. In recent years, the City has C-1
taken efforts to halt or slow the growth of zones through annexation of new developments into existing zones where such annexation was logical.

The Final Map for the Project was approved City Council (Council) at the regular meeting of the Council on August 4, 2022. At the same meeting, Council approved a resolution initiating proceedings pursuant to the Landscaping and Lighting Act of 1972 for the annexation of the Property into LMD Zone of Benefit 27B, to review the improvements and assessments for FY 2023/24, and Set a Public Hearing. That hearing was set for August 18, 2022. Annexation of the Project into LMD Zone of Benefit 27B is one component of the project that must be approved prior to recordation of the Final Map.

LMD Zone 27B is responsible for maintenance of certain landscaped areas in the City located along Riverview Drive and Sunset Avenue.

City staff requests Council accept the signed and notarized covenant for Property attached to the resolution.

Annexation of this subdivision into Zone of Benefit 27B represents one of multiple items that must be completed prior to recordation of the Final Map and Improvement Agreement. Those items include:
 Annexation of the Project into LMD Zone of Benefit 27B shall be completed. This being the second meeting of two required to complete the process.
 Annexation of the Project into the City’s Community Facilities District (CFD) shall be completed through a separate action to be presented to the Council.  All taxes will be paid.
 Bonds and insurance requirements will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.
 Plan Check & Inspection Fee will be provided or as part of an encroachment permit application to construct off-site improvements in advance of the approval of the Improvement Agreement.

The Subdivider, DMP Development Corporation, Inc., A California Corporation has signed a Landowner’s Consent for annexation into Zone of Benefit 27B of LMD. Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15268(b)(3), approval of final subdivision maps is a ministerial action and is exempt from the requirements of CEQA.

FINANCIAL IMPACT:

Parcels within the subdivision will be responsible for participating in the cost of maintaining existing and proposed landscaping within the subject zone. As such, there are no financial impacts to the General Fund so long as assessments are adjusted in a timely manner.

In addition to the LMD, this Subdivision will also be included in the City’s Community Facilities District (CFD) that is processed separately from the LMD. Inclusion in both of these districts in approving this subdivision assists in offsetting any impacts to the City’s General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

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

ALTERNATIVES:

Not adopt resolution approving annexation. If Council does not approve annexation of parcels into the existing LMD zone, it would result in the inability to record the Final Map and for the Subdivider to complete the project. Disapproval will require the Council to make certain findings that specific conditions have not been met.

ATTACHMENTS:

1. Property Location Map

2. Resolution – Approving Annexation, Confirmation of the Diagram, and Assessments for Zone of Benefit 27B
Exhibit A – Zone of Benefit 27B Location Map
Exhibit B – Property to be Annexed into Zone of Benefit 27B Diagram Exhibit C – Assessment Amounts
Exhibit D – Covenant – LMD Zone 27B
Attachment 1
Property Location Map

Attachment 2
Resolution
Approving Annexation, Confirmation of the Diagram, and Assessments for Zone of Benefit 27B
RESOLUTION NO. 22-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-04 FOR ANNEXATION OF VINEYARD ESTATES PHASE III-A SUBDIVISION (TRACT NO. 21-S-02) INTO ZONE OF BENEFIT 27B; CONFIRMING THE DIAGRAM AND ASSESSMENT FOR CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE OF BENEFIT 27B FOR FISCAL YEAR (FY) 2023/24; AND AUTHORIZING THE CITY CLERK TO FILE THE DIAGRAM AND

ASSESSMENT WITH THE MADERA COUNTY AUDITOR
WHEREAS, the City of Madera Landscape Maintenance District (District) was formed by Resolution No. 91-67, approved June 17, 1991, pursuant to Part 2 of Division 15 of the Streets and Highways Code (Landscape and Lighting Act of 1972), herein the “Act”; and WHEREAS, the recommended assessments for FY 2023/24 will reflect the cost of landscape maintenance provided by the City for said fiscal year; and WHEREAS, the owner of property proposed to be annexed to Zone of Benefit 27B as described in Exhibit “A” and diagramed in Exhibit “B” attached hereto and incorporated herein by reference, have consented to said annexation and such annexation may be ordered without notice and hearing or filing of Engineer’s Report, or both; and
WHEREAS, the assessment amounts are set forth in Exhibit “C”; and WHEREAS, the property owner has agreed that the annual assessment is proportional to, and no greater than, the special benefit conferred on the property by being annexed into the Landscape Maintenance District.

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

1. The above recitals are true and correct.

2. That the public interest and convenience require that certain property described in Exhibit “A” and as diagrammed in Exhibit “B,” both of which are attached hereto and by reference incorporated herein, be annexed to City Landscape Maintenance District as Zone of Benefit 27B for the maintenance and servicing of landscaping facilities.

3. The City Council hereby confirms the diagram and annual assessments and levies the assessments for FY 2023/24 for the same, as identified in Exhibits “A,” “B” and “C,” and as set forth in Exhibit “D” the Covenant for Landscape Maintenance District Zone of Benefit 27B which are all attached to this resolution.

4. The City Council acceptsthe Covenant for Landscape Maintenance District Zone of Benefit 27B attached to this resolution as Exhibit “D” and incorporated by reference.

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

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

7. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Zone of Benefit 27B Location Map

Exhibit B
Property to be Annexed into Zone of Benefit 27B Diagram

Exhibit C
Assessment Amounts (Sheet 1 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
1 DMP Development Corporation, Inc., A California Corporation $ 48.88 2 DMP Development Corporation, Inc., A California Corporation $ 48.88 3 DMP Development Corporation, Inc., A California Corporation $ 48.88 4 DMP Development Corporation, Inc., A California Corporation $ 48.88 5 DMP Development Corporation, Inc., A California Corporation $ 48.88 6 DMP Development Corporation, Inc., A California Corporation $ 48.88 7 DMP Development Corporation, Inc., A California Corporation $ 48.88 8 DMP Development Corporation, Inc., A California Corporation $ 48.88 9 DMP Development Corporation, Inc., A California Corporation $ 48.88 10 DMP Development Corporation, Inc., A California Corporation $ 48.88 11 DMP Development Corporation, Inc., A California Corporation $ 48.88 12 DMP Development Corporation, Inc., A California Corporation $ 48.88 13 DMP Development Corporation, Inc., A California Corporation $ 48.88 14 DMP Development Corporation, Inc., A California Corporation $ 48.88 15 DMP Development Corporation, Inc., A California Corporation $ 48.88 16 DMP Development Corporation, Inc., A California Corporation $ 48.88 17 DMP Development Corporation, Inc., A California Corporation $ 48.88 18 DMP Development Corporation, Inc., A California Corporation $ 48.88 19 DMP Development Corporation, Inc., A California Corporation $ 48.88 20 DMP Development Corporation, Inc., A California Corporation $ 48.88 21 DMP Development Corporation, Inc., A California Corporation $ 48.88 22 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit C
Assessment Amounts (Sheet 2 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
23 DMP Development Corporation, Inc., A California Corporation $ 48.88 24 DMP Development Corporation, Inc., A California Corporation $ 48.88 25 DMP Development Corporation, Inc., A California Corporation $ 48.88 26 DMP Development Corporation, Inc., A California Corporation $ 48.88 27 DMP Development Corporation, Inc., A California Corporation $ 48.88 28 DMP Development Corporation, Inc., A California Corporation $ 48.88 29 DMP Development Corporation, Inc., A California Corporation $ 48.88 30 DMP Development Corporation, Inc., A California Corporation $ 48.88 31 DMP Development Corporation, Inc., A California Corporation $ 48.88 32 DMP Development Corporation, Inc., A California Corporation $ 48.88 33 DMP Development Corporation, Inc., A California Corporation $ 48.88 34 DMP Development Corporation, Inc., A California Corporation $ 48.88 35 DMP Development Corporation, Inc., A California Corporation $ 48.88 36 DMP Development Corporation, Inc., A California Corporation $ 48.88 37 DMP Development Corporation, Inc., A California Corporation $ 48.88 38 DMP Development Corporation, Inc., A California Corporation $ 48.88 39 DMP Development Corporation, Inc., A California Corporation $ 48.88 40 DMP Development Corporation, Inc., A California Corporation $ 48.88 41 DMP Development Corporation, Inc., A California Corporation $ 48.88 42 DMP Development Corporation, Inc., A California Corporation $ 48.88 43 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit C
Assessment Amounts (Sheet 3 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
44 DMP Development Corporation, Inc., A California Corporation $ 48.88 45 DMP Development Corporation, Inc., A California Corporation $ 48.88 46 DMP Development Corporation, Inc., A California Corporation $ 48.88 47 DMP Development Corporation, Inc., A California Corporation $ 48.88 48 DMP Development Corporation, Inc., A California Corporation $ 48.88 49 DMP Development Corporation, Inc., A California Corporation $ 48.88 50 DMP Development Corporation, Inc., A California Corporation $ 48.88 51 DMP Development Corporation, Inc., A California Corporation $ 48.88 52 DMP Development Corporation, Inc., A California Corporation $ 48.88 53 DMP Development Corporation, Inc., A California Corporation $ 48.88 54 DMP Development Corporation, Inc., A California Corporation $ 48.88 55 DMP Development Corporation, Inc., A California Corporation $ 48.88 56 DMP Development Corporation, Inc., A California Corporation $ 48.88 57 DMP Development Corporation, Inc., A California Corporation $ 48.88 58 DMP Development Corporation, Inc., A California Corporation $ 48.88 59 DMP Development Corporation, Inc., A California Corporation $ 48.88 60 DMP Development Corporation, Inc., A California Corporation $ 48.88 61 DMP Development Corporation, Inc., A California Corporation $ 48.88 62 DMP Development Corporation, Inc., A California Corporation $ 48.88 63 DMP Development Corporation, Inc., A California Corporation $ 48.88 64 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit C
Assessment Amounts (Sheet 4 of 4)
Lot Owner Assessment Amount
(FY 2023/2024)
65 DMP Development Corporation, Inc., A California Corporation $ 48.88 66 DMP Development Corporation, Inc., A California Corporation $ 48.88 67 DMP Development Corporation, Inc., A California Corporation $ 48.88 68 DMP Development Corporation, Inc., A California Corporation $ 48.88 69 DMP Development Corporation, Inc., A California Corporation $ 48.88 70 DMP Development Corporation, Inc., A California Corporation $ 48.88 71 DMP Development Corporation, Inc., A California Corporation $ 48.88 72 DMP Development Corporation, Inc., A California Corporation $ 48.88 73 DMP Development Corporation, Inc., A California Corporation $ 48.88 74 DMP Development Corporation, Inc., A California Corporation $ 48.88 75 DMP Development Corporation, Inc., A California Corporation $ 48.88 76 DMP Development Corporation, Inc., A California Corporation $ 48.88 77 DMP Development Corporation, Inc., A California Corporation $ 48.88 78 DMP Development Corporation, Inc., A California Corporation $ 48.88 79 DMP Development Corporation, Inc., A California Corporation $ 48.88 80 DMP Development Corporation, Inc., A California Corporation $ 48.88 81 DMP Development Corporation, Inc., A California Corporation $ 48.88 82 DMP Development Corporation, Inc., A California Corporation $ 48.88 83 DMP Development Corporation, Inc., A California Corporation $ 48.88 84 DMP Development Corporation, Inc., A California Corporation $ 48.88 85 DMP Development Corporation, Inc., A California Corporation $ 48.88 86 DMP Development Corporation, Inc., A California Corporation $ 48.88 87 DMP Development Corporation, Inc., A California Corporation $ 48.88 88 DMP Development Corporation, Inc., A California Corporation $ 48.88 Exhibit D
Covenant
LMD Zone 27B
RECORDING REQUESTED BY:

City of Madera
WHEN RECORDED RETURN TO:

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

COVENANT

LANDSCAPE MAINTENANCE DISTRICT
ZONE OF BENEFIT 27B
This covenant and agreement is by and between the City of Madera, a general law city (“City”), and DMP Development Corporation, Inc., A California Corporation (“Covenantor”) located at 2001 Howard Road, Ste. 211, Madera, CA 93637, and is effective the date first appearing on the Clerk’s Attestation and signature for the City of Madera.

RECITALS
A. Covenantor is the owner and developer of that certain real property in the City of Madera, County of Madera, State of California, hereinafter referred to as “the Subject Property,” and more particularly described as:

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

A PORTION OF PARCEL 4 OF PARCEL MAP NO. 02-P-03, ACCORDING TO THE MAP THEREOF RECORDED NOVEMBER 4, 2002 IN BOOK 50 OF MAPS, AT PAGES 115 AND 116, MADERA COUNTY RECORDS, DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 4, THENCE SOUTH 00°07’17”WEST, A DISTANCE OF 541.43 FEET, TO THE POINT OF BEGINNING.

THENCE CONTINUING THENCE SOUTH 00°07’17” WEST, A DISTANCE OF 1325.43 FEET; THENCE SOUTH 89°54’52” EAST, A DISTANCE OF 714.39 FEET; THENCE NORTH 00°05’08” EAST, A DISTANCE OF 676.96 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 400 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 122.96 FEET THROUGH A CENTRAL ANGLE OF 17°36’46”;
THENCE NORTH 89°54’52” WEST, A DISTANCE OF 34.49 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 433.00 FEET, THE INITIAL RADIAL OF WHICH BEARS NORTH 73°40’59” WEST;
THENCE NORTHEASTERLY ALONG SAID CURVE AND ARC DISTANCE OF 113.23 FEET THROUGH A CENTRAL ANGLE OF 14°58’57”;
THENCE NORTH 58°48'01" WEST, A DISTANCE OF 115.00 FEET; THENCE NORTH 27°01'22" EAST, A DISTANCE OF 140.38 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 327.00 FEET, THE INITIAL RADIAL OF WHICH BEARS NORTH 21°07'59" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 3.03 FEET THROUGH A CENTRAL ANGLE OF 0°31'53";
THENCE NORTH 69°23'55" EAST, A DISTANCE OF 85.65 FEET;
THENCE NORTH 22°20'59" WEST, A DISTANCE OF 16.22 FEET TO THE BEGINNING OF A NONTANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 427.00 FEET, THE INITIAL RADIAL OF WHICH BEARS SOUTH 65°36'03" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 11.14 FEET THROUGH A CENTRAL ANGLE OF 1°29'43";
THENCE NORTH 69°23'55" WEST, A DISTANCE OF 33.37 FEET TO A POINT ON A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 400.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 37.76 FEET THROUGH A CENTRAL ANGLE OF 5°24'33";
THENCE SOUTH 15°11‘32” WEST, A DISTANCE OF 25.00 FEET;
THENCE SOUTH 23°26’20” EAST, A DISTANCE OF 16.10 FEET;
THENCE SOUTH 27°01’02” WEST, A DISTANCE OF 92.89 FEET;
THENCE NORTH 89°52’43” WEST, A DISTANCE OF 263.39 FEET; THENCE NORTH 00°07’17” EAST, A DISTANCE OF 271.14 FEET; THENCE NORTH 89°52’43” WEST, A DISTANCE OF 150.00 FEET; THENCE NORTH 00°07’17” EAST, A DISTANCE OF 10.21 FEET;
THENCE NORTH 89°52’43” WEST, A DISTANCE OF 101.00 FEET, TO THE POINT OF BEGINNING B. A condition of approval of Vineyard Estates Phase III-A Subdivision (Tract No. 21- S-02) is a requirement that, prior to Final Map recordation, the Covenantor will annex the property to the City of Madera Landscape Maintenance District 27B (“District No.27B”) to levy and collect assessments to cover the cost of maintaining all landscaping, and irrigation systems within the LMD Zone of Benefit 27B public right-of-way. The Covenantor is also required to disclose to all potential lot buyers that the Property has been annexed into LMD Zone of Benefit 27B. Said condition is set forth in Resolution No. 1864 as Condition No. 54 (hereafter “LMD Condition”).

C. The Covenantor and the City desire to enter into this covenant (“Covenant”) providing for such annexation and notice to satisfy the LMD Condition for the Subject Property.

COVENANT AND AGREEMENT
In consideration of the foregoing recitals which are incorporated by reference and to satisfy the LMD Condition, the Covenantor hereby covenants, promises, and agrees with the City for the benefit of the City and benefitted properties that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of enhancing attractiveness, usefulness, value, desirability, and safety of the Subject Property, the surrounding property and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. Each of the covenants, conditions, and restrictions contained in this Covenant shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and Covenantor’s heirs, successors, and assigns during Covenantor’s ownership thereof.

1. The Covenantor agrees that prior to the recordation of Phase 1 of Tentative Map No. Tract No. 21-S-02, Covenantor will annex the property to LMD No. 27B to be levied and assessments collected to cover the cost of maintaining landscaping and irrigation systems within the LMD No. 27B public right-of-way.

2. The Covenantor agrees to disclose to all potential lot buyers, prior to transfer of ownership, that the parcel within the Subject Property is part of LMD Zone of Benefit 27B.

3. The conditions of this Covenant are intended to benefit the Subject Property, the public, the City and its public properties. Accordingly, it is agreed the City shall have the right to enforce this Covenant by any legal or equitable means, including, but not limited to, obtaining an order of specific performance, against the Covenantor and such person or persons in actual possession of Subject Property who directly or who through any agent violate the terms hereof.

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

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

6. If either party is required to commence any proceeding or legal action to enforce or interpret any term or condition of this Covenant, including enforcement of a lien thereunder or under LMD Zone of Benefit 27B, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses. For the purposes of this Covenant, “attorneys’ fees” and “legal expenses” include, without limitation, paralegals’ fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party’s attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as “attorneys’ fees” or as “costs” under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys’ fees.

7. The provisions of this Covenant shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. Whenever the context of the Covenant so requires, in interpreting this Covenant, any gender includes the other genders, the singular includes the plural, and the plural includes the singular.

8. This Covenant shall not be deemed to confer any rights upon any individual or entity which is not a party hereto. The parties hereto expressly disclaim any such third-party benefit.

9. This Covenant may be amended only by a written instrument signed by both the City and the record owner of the Subject Property. Such instrument must be recorded in the Official Records of the County of Madera.

10. This Covenant may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties duly executed this Covenant.

City: Covenantor:

CITY OF MADERA
a Municipal Corporation
By: _______________________________
Santos Garcia
Mayor
DMP DEVELOPMENT CORPORTAION, INC.,

A CALIFORNIA CORPORATION
By: _______________________________
Michael A. Pistoresi
CEO
APPROVED AS TO FORM:

By: _______________________________
Hilda Cantu Montoy
City Attorney
ATTEST:

By: _______________________________
Alicia Gonzales
City Clerk
Date: ______________________________

APPROVED
By: _______________________________
Keith B. Helmuth, P.E.

City Engineer
(Attach Notary Acknowledgments)

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

Consultant Services Agreement with Mark Thomas for Grant Preparation Services for Yosemite Avenue Improvements
RECOMMENDATION:

Adopt a Resolution approving a consultant services agreement with Mark Thomas in the amount of $98,600 for grant preparation services for the Yosemite Avenue improvements, City Project R-95
SUMMARY:

In April 2020, the City Council (Council) adopted the State Route 145 Yosemite Avenue as Downtown Main Street Plan (Plan). This Plan was created to guide the development and redevelopment of the downtown district toward the vibrant, multi-cultural hub envisioned by Vision Madera 2025 and the City's General Plan. Caltrans has a project to improve State Route 145 for which they have indicated a willingness to construct some of the recommendations from the Plan. However, they do not have the funding to incorporate all the recommendations into their project. City staff is attempting to generate additional funding, through grants, to help complete these improvements.

DISCUSSION:

Within this Plan, multi-modal improvements and complete streets elements were identified for Yosemite Avenue and the downtown area. The goal of these improvements is to help provide a safer environment, reduce congestion, reduce greenhouse gas emissions, and help make the downtown area a destination for the community.

Caltrans is currently working on a project to repave State Route 145 from Pecan Avenue to beyond Tozer Street. After discussions between Caltrans and the City, Caltrans has agreed to incorporate improvements identified in the Plan into their project. With additional funding they Council Meeting of: August 17, 2022
Agenda Number: ______ D-1
secured, Caltrans has agreed to restripe Yosemite Avenue to include a road diet, which will reduce the number of travel lanes from two in each direction to one in each direction. They have also agreed to incorporate Complete Streets elements into their project. These elements include:
▪ Bulb-outs at the intersections
▪ High visibility crosswalks, and
▪ Sidewalk where gaps exist
Because of funding limitations however, Caltrans cannot construct all the recommended Yosemite Avenue improvements from the Plan on Yosemite Avenue.

Staff has considered alternate ways to construct the recommended improvements. One option would be to obtain grant funding that could then be added directly to Caltrans project where their existing design and subsequent construction contract could build the improvements. A second option would be for the City to obtain a grant for our own, separate, capital project that would follow the completion of the Caltrans project. This second option could also include improvements that extend outside the limits of the Caltrans project that were studied as part of the Plan.

Staff reached out to Mark Thomas, who developed the Plan, for assistance with preparing grant applications with the goal of obtaining additional funding that would allow the construction of the improvements beyond what Caltrans is currently able to do within current available funding.

Mark Thomas has proposed to complete an analysis of funding opportunities and apply for a grant with the Reconnecting Communities Pilot Grant Program as the base work items (Refer to Exhibit A). It is possible the analysis of funding opportunities may shift the focus of the initial grant to another grant program.

A fee of $98,600, which includes $9,000 for extra services, will be for the base work items and the preparation of a second grant application.

FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund. Funding for this consultant services agreement will come from funds in LTF – Streets Account.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 151 – Promote the comprehensive revitalization of downtown Madera.

ALTERNATIVES:

Council may direct staff to not enter into an agreement with Mark Thomas, or have staff negotiate an alternative scope of work under this agreement. This will result in no further improvements being considered on Yosemite Avenue at this time.

ATTACHMENTS:

1. Resolution approving Agreement
a. Exhibit A – Consultant Services Agreement
i. Proposal and Fee
ATTACHMENT 1

RESOLUTION APPROVING AGREEMENT
RESOLUTION NO. 22 -______

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

APPROVING AN AGREEMENT WITH MARK THOMAS IN THE AMOUNT OF $89,600 FOR PROFESSIONAL ENGINEERING AND GRANT WRITING
SERVICES AND AUTHORIZING EXTRA SERVICES UP TO $9,000 FOR YOSEMITE AVENUE IMPROVEMENTS, CITY PROJECT R-95
WHEREAS, the City of Madera plans to apply for grants to fund improvements for the Yosemite Avenue Street Improvement Project (“Project”); and WHEREAS, professional engineering and grant writing services are necessary for application of grants for the Project; and
WHEREAS, the Consultant is qualified and certified to provide the required engineering and grant writing services and is knowledgeable of the principals and practices of the industry associated with the design and construction of the Project; and WHEREAS, the City desires to hire Consultant for such engineering and grant writing services; and
.

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 Council approves the Agreement for a Basic Fee amount of $89,600 and $9,000 for Extra Services with Mark Thomas for professional engineering and grant writing services which is attached to this resolution as Exhibit A and incorporated by reference.

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

EXHIBIT A TO RESOLUTION

CONSULTANT SERVICES AGREEMENT
1 CONSULTANT SERVICES AGREEMENT WITH MARK THOMAS AND COMPANY, INC.

FOR ENGINEERING AND GRANT WRITING SERVICES for CITY of MADERA YOSEMITE

AVENUE STREET IMPROVEMENTS
This Agreement made and entered into this _____ day of August 2022, between the City of Madera, a municipal corporation of the State of California, hereinafter called “CITY”, and Mark Thomas and Company, Inc. located in Fresno, California, hereinafter called “CONSULTANT ".

WHEREAS, CITY plans apply for grants to fund improvements for the Yosemite Avenue Street Improvement Project, hereinafter called “Project”; and WHEREAS, CITY needs the services of a professional engineering firm to provide engineering and grant writing services for the Project; and WHEREAS, CONSULTANT is qualified and certified to provide the required engineering and grant writing services and is knowledgeable of the principles and practices of the industry associated with the design and construction of the Project; and WHEREAS, CITY desires to hire CONSULTANT for such engineering and grant writing services.

NOW THEREFORE, based on the foregoing recitals which are incorporated by reference, the parties hereto mutually agree as follows:

1. SERVICES OF CONSULTANT
CITY hereby hires CONSULTANT to provide engineering design and grant writing services as set forth herein in connection with the Project. Said work to be performed pursuant to this Agreement is more particularly described in the Scope of Work.

2. SCOPE OF WORK
CONSULTANT shall provide the professional engineering services as set forth in EXHIBIT A, “Scope of Work”, attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by subconsultants necessary for delivery of the project. CONSULTANT shall comply with applicable City of 2 Madera design standards and requirements as directed by the CITY and applicable State and Federal requirements.

3. PROGRESS MEETINGS
CONSULTANT shall communicate and meet with CITY staff at project progress meetings at intervals mutually agreed to between CITY and CONSULTANT to verify, refine and complete the project requirements and review the progress of the project. Such meetings shall be as set forth in the Scope of Work, EXHIBIT A.

4. CITY'S OBLIGATIONS
The CITY shall provide the CONSULTANT with the following:
a. Provide a Project Manager to work with CONSULTANT.
b. Review all submittals timely.
c. Pay all fees for permits.
d. Provide all available studies, reports, and other data pertinent to CONSLTANT’s services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required for the performance of CONSULTANT’S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by the City or others in performing CONSULTANT’S services under this Agreement.
e. Arrange for access to and make provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services hereunder.

5. QUALIFICATIONS AND PROFESSIONAL STANDARDS
The Consultant confirms that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner consistent with the Standard of Care. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, in accordance with the Standard of Care qualified in their fields. 3 Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be in accordance with the Standard of Care throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the Standard of Care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all the applicable laws and regulations.

6. COMPENSATION
The basic fee for the work tasks itemized in EXHIBIT A, “Proposed Fee” shall not exceed $89,600 (eighty-nine thousand six hundred dollars).

CITY and CONSULTANT agree on the basic compensation at shown on EXHIBIT A, PROPOSED FEE. It is understood and agreed by both parties that all reasonable expenses incidental to CONSULTANT’S performance of services, including travel expenses, are included in the basic fee shown in EXHIBIT A.

7. PAYMENT
Payments for all undisputed portions of each invoice as provided for hereunder shall be made within 30 days of receipt and approval of CONSULTANT’S monthly invoices for the work performed specified herein. For the Tasks identified on EXHIBIT A as having a fee charged on a time and materials (T&M) basis, CONSULTANT’S invoice shall specify the billed hours and hourly rates for each employee classification. For the Tasks identified on EXHIBIT A as having a fee charged on a lump sum basis, CONSULTANT’S invoice shall specify the percentage of work complete and the corresponding percent of the fee being invoiced for each task. The subconsultants work shall be included on CONSULTANT‘S invoice with a copy of the sub-consultant’s invoice attached. A report on summary of costs to date for each component of the work shall accompany the invoice. This summary shall also estimate the percentage of the work completed for each component and the balance remaining in each component. 4 8. EXTRA SERVICES
CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Proposal or for such services as may be specifically requested by CITY through the City Engineer in writing and agreed to by CONSULTANT for an agreed-to lump sum or hourly rate of compensation or for necessary expenses over that listed in the Budget, provided, however, the City Engineer’s authority is limited to expenditures not to exceed the amount of $9,000 (nine thousand dollars).

9. AUDITS AND INSPECTIONS ACCESS
CONSULTANT shall, upon reasonable notice and at any time during regular business hours, and as often as CITY may deem necessary, make available to the CITY or its authorized representative for examination, all of its books, records and data with respect to matters covered by this Agreement. CONSULTANT shall permit CITY to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this Agreement.

10. LIABILITY INSURANCE
Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the CITY.

Minimum Scope and Limits of Insurance
CONSULTANT shall maintain limits no less than:
▪ $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the CITY and its officers, officials, employees and agents shall be additional insureds 5 under such policies.
▪ $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the CITY and its officers, officials, employees and agents shall be additional insureds under such policies.
▪ Worker’s Compensation as required by the State of California and $1,000,000. Employer’s Liability per accident for bodily injury or disease. CONSULTANT shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the CITY, it’s officers, agents, employees, and volunteers. ▪ Professional Liability (Errors & Omissions) of $1,000,000 per claim and in the aggregate.

CONSULTANT shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in CONSULTANT’S proposal.

The Consultant may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance.

Maintenance of Coverage
CONSULTANT shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement. 6 Proof of Insurance
CONSULTANT shall provide to the CITY certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the CITY prior to commencement of performance. Current evidence of insurance shall be kept on file with the CITY at all times during the term of this Agreement. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

Enforcement of Contract Provisions (non-estoppel)
CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform Consultant of non-compliance with any requirement imposes no additional obligations on the CITY, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of 7 clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONSULTANT maintains higher limits than the minimums required above, the CITY shall be entitled to coverage at the higher limits maintained by CONSULTANT.

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

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the CITY. The CITY reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the CITY’S Risk Manager.

Timely Notice of Claims
CONSULTANT shall give the CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’S performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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

11. OWNERSHIP OF DOCUMENTS
All original papers, documents, reports, drawings, and other work product of CONSULTANT are instruments of service. All reports and legal documents shall include the professional’s registration number and be stamped, signed and dated. All instruments of service shall, upon payment in full to CONSULTANT, become the property of the CITY whether the project for which 8 they are prepared is executed or not. CONSULTANT shall be permitted to retain copies, including reproducible copies, of the instruments of service for information and reference. The instruments of service shall not be used by the CITY on other projects, except by agreement in writing by the CONSULTANT. In the event the CITY reuses such instruments of service, CONSULTANT shall be released and held harmless by the CITY from any and all liability, including legal costs and attorneys’ fees, with respect to the reuse of such instruments of service.

Reuse of documents for any purpose other than as intended under this Agreement shall be at CITY'S sole risk. CITY shall indemnify CONSULTANT for any damages incurred as a result of such reuse, including use of incomplete documents.

12. TIME OF COMPLETION
A. Based on an agreed upon Notice to Proceed date, CONSULTANT shall complete the work as shown in EXHIBIT A, Project Schedule.

B. CONSULTANT shall not be held responsible for delays caused by CITY review or by reasons beyond CONSULTANT’S reasonable control. Also, CONSULTANT shall not stop his work, including work unrelated to any extra services request, unless it can be shown that the project work cannot proceed while a claim or request for extra services is being evaluated.

C. Time is of the essence in the completion of the services covered by this Agreement.

D. CONSULTANT shall complete all services required under this Agreement and this Agreement shall expire on December 31, 2023, unless extended by mutual agreement.

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

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

1. An illegal use of funds by CONSULTANT.
9 2. A failure by CONSULTANT to comply with any material term of this Agreement.

3. A substantially incorrect or incomplete report submitted by CONSULTANT to CITY.

In no event shall any payment by CITY or acceptance by CONSULTANT constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. CITY shall have the right to demand of CONSULTANT the repayment to CITY of any funds disbursed to CONSULTANT under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

14. APPROVAL
CITY will give reasonably prompt consideration to all matters submitted by CONSULTANT for approval to the end that there will be no significant delays in CONSULTANT’S program of work.

An approval, authorization or request to CONSULTANT given by CITY will only be binding upon CITY under the terms of this Agreement if in writing and signed on behalf of CITY by a CITY representative or designee.

15. HOLD HARMLESS
Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials and employees from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs resulting from or related to CONSULTANT’S negligence, but only to the extent the Consultant (and its Subconsultants) are found responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the CITY in the performance of professional services under this agreement. Consultant shall not be obligated to defend or indemnify CITY for the CITY’s own negligence or for the negligence of others.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold 10 harmless CITY, and any and all of its employees and officials from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert w itness fees), where the same arise out o f, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by Consultant, including, but not limited to, officers, employees, or subconsultants of Consultant.

16. RESPONSIBILITY FOR OTHERS
CONSULTANT shall be responsible to CITY for its services and the services of its sub consultants. CONSULTANT shall not be responsible for the acts or omissions of other parties engaged by CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.

17. PROFESSIONAL RESPONSIBILITY
CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California, County of Madera.

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that the CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates.
11 18. PARTIES BOUND BY AGREEMENT
This Agreement shall be binding upon CITY, CONSULTANT, and their successors in interest, legal representatives, executors, administrators and assigns with respect to all covenants as set forth herein. CONSULTANT shall not subcontract, assign, or transfer any of the work except as otherwise provided for in this agreement.

19. COMPLETE AGREEMENT OF PARTIES
This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties. Any modifications of this Agreement shall be in writing and signed by authorized representatives of the parties. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.

20. ASSIGNMENT WITH APPROVAL
It is understood that neither party shall assign, sublet, subcontract or transfer its rights or obligation under this Agreement without the prior express, written consent of the other party.

21. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONSULTANT under this Agreement, it is mutually understood and agreed that CONSULTANT, including any and all of CONSULTANT’S officers and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner or associate of CITY. Furthermore, CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and function. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions hereof. CONSULTANT and CITY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONSULTANT shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely 12 liable and responsible for providing to, or on behalf of, its employees all legally required employee to others unrelated to CITY or to this Agreement.

22. GOVERNING LAW
Any controversy or claim arising out of, or relating to, this Agreement which cannot be amicably settled without court action shall be litigated either in the appropriate State court for Madera County, California, or as appropriate in the U. S. District Court for the Eastern District of California, located in Fresno County. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

23. AMENDMENTS
Any changes to this Agreement requested either by CITY or CONSULTANT may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such in writing.

24. COMPLIANCE WITH LAWS AND WAGE RATES
CONSULTANT shall comply with all Federal, State, and local laws, ordinances, regulations and provisions applicable in the performance of CONSULTANT’S services. CONSULTANT may use professional practices and standards regarding the interpretation of these laws. CITY and CONSULTANT both agree that all design work performed under this contract will not be subject to prevailing wage requirements or the requirements of the Davis-Bacon Act.

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

25. CONSULTANT'S LEGAL AUTHORITY
Each individual executing or attesting this Agreement on behalf of CONSULTANT hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the 13 corporation's board of directors and in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONSULTANT is a duly organized and legally existing corporation in good standing in the State of California.

26. NOTICES
Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee or that party or, in lieu or personal service, when deposited in the United States mail, first class postage prepaid, addressed as follows:

CITY OF MADERA CONSULTANT
Engineering Division Mark Thomas and Company
428 Yosemite Avenue 7571 N. Remington Avenue, Suite 102 Madera, CA 93638 Fresno, CA 93711

27. SOLE AGREEMENT
This instrument constitutes the sole and only agreement between CONSULTANT and CITY respecting the Project and correctly sets the obligations of the CONSULTANT and CITY to each other as of this date. Any agreements or representations respecting the above project, not expressly set forth in this instrument are null and void.

28. THIRD PARTIES
The services to be performed by CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the CONSULTANT's performance of its services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the Performance of the CONSULTANT's services hereunder.

29. DISPUTE RESOLUTION
In the event of any dispute between the Parties related to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by 14 representatives of each Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party’s written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.
15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
* * * * * * * * * * *

CONSULTANT
By: _______________________________________________________ Ed Noriega, Division Manager + Associate
Taxpayer I.D. Number, 94-1451490

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

By: ____________________________________
City Attorney, Hilda Cantu Montoy
ATTEST:

By: ____________________________________
City Clerk, Alicia Gonzales

EXHIBIT A
August 11, 2022
Mr. Keith Helmuth
City of Madera
428 E Yosemite Avenue
Madera, CA 93638
RE: Revised Proposal – Madera Downtown Implementation Funding Pursuits Dear Mr. Helmuth:

Mark Thomas has enjoyed working with the City of Madera (City) to master plan the Downtown as part of the Downtown Main Street Project. Caltrans is currently designing a State Highway Operation and Protection Program (SHOPP)-funded project along Yosemite Avenue (State Route 145). The City is looking for opportunities to secure grant funding to add to the Caltrans SHOPP project as well as implement other identified improvements in Downtown.

Per the City’s request, we’ve developed the following proposal to support the City’s efforts to secure grant funds. Our scope of work includes an evaluation of potential funding programs for improvements in Downtown and to leverage Caltrans’ SHOPP project, preparation of grant applications and updated exhibits and estimates, and review of Caltrans SHOPP project.

SCOPE OF WORK
Task 1 – Project Management and Coordination
The Mark Thomas Project Manager (PM), Ryan Bissegger, will communicate directly with the City, and manage the internal project team for project delivery. Project management will include delivery of monthly invoices and progress reports.

Task 2 – Funding Analysis
Mark Thomas will conduct research to identify grant resources available with federal, state, and regional agencies. The funding research will target elements of the project scope, funding needs, and priorities. This evaluation and analysis will be documented in a grant funding resource table that will include funding program, eligible project components, dates of next funding opportunity, match requirements, and estimated ■■ MARK THOMAS
(559) 447-1938
7571 NORTH REMINGTON AVENUE, SUITE 102
FRESNO, CA 93711 MARKTHOMAS.COM
PAGE 2 OF 4
success probability. The research will be summarized in the Funding Needs Analysis/Funding Plan.

Mark Thomas summarize the grant program research in the Funding Recommendations memo. The plan will include a grant funding resource table. We will develop matching fund strategies. We will work with City staff to assess the validity of the current funding opportunities and identify new priority areas for funding.

Task 3 – Grant Applications
Task 3.1 – Grant Application 1
Mark Thomas will prepare one (1) Reconnecting Community Pilot (RCP) grant application for a portion of the Downtown Main Street Project agreed upon by the City. The grant application will follow the RCP Notice of Funding Opportunity (NOFO) issued on June 29, 2022. The grant application will include the following components:
• Standard Form (SF) 424 - Application for Federal Assistance • SF 424C - Budget Information for Construction Programs • SF 424D – Assurances for Construction Program
• Key Information Table
• Narrative (20 pages)
o Overview
o Location & Map
o Response to Merit Criteria
o Project Readiness: Environmental Risk
o Benefit-Cost Analysis (BCA)
The BCA will require an additional level of effort from subconsultants to complete. Fehr & Peers will prepare traffic performance measures that are used to develop project benefits. They will use available tools and previously prepared traffic analysis results to calculate average daily traffic, vehicle miles traveled, average speed, and person miles traveled by mode.

Economic & Planning Systems (EPS) will prepare the BCA following USDOT guidelines.

Some are standard benefit-cost metrics used in established federally approved methodologies. Other more qualitative benefits will be evaluated based on the local context and qualitative and quantitative information available. They will have tabulated and discounted each of the costs and benefits of the Project. EPS will then develop a (559) 447-1938
7571 NORTH REMINGTON AVENUE, SUITE 102
FRESNO, CA 93711 MARKTHOMAS.COM
PAGE 3 OF 4
spreadsheet model to sum the present value of the benefits (relative to travel patterns under baseline conditions) and compare them to the present value of the costs (relative to the baseline) of Project development and maintenance. The ratio between the benefits and costs is the benefit-cost ratio. EPS will prepare a draft report document along with all related charts, tables, and graphics for the USDOT BCA.

Should the RCP grant be determined not to be a good fit, work will transition to another grant opportunity identified in Task 3.2 or Task 2.

Task 3.2 – Grant Application 2 (Optional)
Mark Thomas will prepare either one (1) Local Partnership Program (LPP) grant in fall 2022 or Rebuilding American Infrastructure with Sustainability and Equity (RAISE) or one (1) Safe Streets and Roads for All (SS4A) application in 2023. The grant application will follow the NOFO for each program and will leverage the work prepared for the RCP grant to the fullest extent possible.

Task 4 - Update Exhibits and Estimates
Task 4.1 - Update Exhibits
Mark Thomas will update the Yosemite Avenue Exhibits (G Street to High Street) from the Downtown Main Street Project. Exhibits are intended to be used as attachments to grant applications discussed on Task 3. Adjustments will be coordinated with the Caltrans State 145 (Yosemite Avenue) project.

Task 4.2 - Update Estimates
Mark Thomas will update the cost estimates for Yosemite Avenue (G Street to High Street) from the Downtown Main Street Project. Updated estimates will reflect adjustments made on the Exhibits. The same format from the Downtown Main Street Project will be used.

PROJECT SCHEDULE
Mark Thomas proposes the following schedule to deliver this project. The schedule will be refined based if the optional tasks are pursued.
• August 15 – Notice to Proceed received.
• August 26 – Mark Thomas submits draft funding analysis to the City. • Week of September 5 – City and Mark Thomas meet to discuss the draft funding analysis.
• September 9 – Mark Thomas submits first draft of the RCP grant for City review. (559) 447-1938
7571 NORTH REMINGTON AVENUE, SUITE 102
FRESNO, CA 93711 MARKTHOMAS.COM
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• September 16 – Mark Thomas submits final funding analysis. • September 16 – Mark Thomas submits updated exhibits and to the City. • September 23 – City provide comments to Mark Thomas on the RCP grant. • September 23 – Mark Thomas provide the draft BCA for the RCP grant to the City.
• October 12 – Mark Thomas submits final RCP grant files to the City for submission to USDOT.

PROPOSED FEE
Mark Thomas has developed the fee for each task listed above.

Mark
Thomas
Fehr & Peers EPS Total
Task 1 – Project Management
and Coordination
$2,300 $2,300
Task 2 – Funding Analysis $4,400 $4,400
Task 3 – Grant Applications
Task 3.1 – Grant Application 1 $23,500 $6,000 $15,000 $44,500 Task 3.2 – Grant Application 2
(Optional)
$18,500 $3,000 $21,500
Task 4 – Update Exhibits and
Estimates
Task 4.1 – Update Exhibits $11,300 $11,300
Task 4.2 – Update Estimates $5,600 $5,600
Total Base $68,100
Total Base + Optional $89,600
Thank you for the opportunity. If you have any questions, please contact Ryan Bissegger at (916) 539-4680 or [email protected].

Sincerely,
MARK THOMAS & COMPANY, INC.

Ed Noriega, PE
Division Manager + Associate
(559) 447-1938
7571 NORTH REMINGTON AVENUE, SUITE 102
FRESNO, CA 93711 MARKTHOMAS.COM
Engineering Surveying
Design Engineer I $96 - $159 Surveyor $119 - $169
Design Engineer II $119 - $194 Sr. Surveyor $135 - $204 Project Engineer $160 - $201 Project Surveyor $157 - $240 Sr. Project Engineer $173 - $236 Sr. Project Surveyor $183 - $247 Sr. Technical Engineer $173 - $236 * Single Chief $167 - $222 Technical Lead $199 - $271 * Single Instrumentman $157 - $197 Sr. Technical Lead $237 - $345 * Single Chainman $148 - $194 Engineering/Design Manager $308 - $395 * Apprentice $89 - $152 Sr. Engineering Manager $340 - $493 * 1 Person Field Crew $167 - $222 * 2 Person Field Crew $314 - $416
Construction Management * 3 Person Field Crew $403 - $567 Office Engineer $119 - $226 Drone Pilot $235
* Asst. Resident Engineer $170 - $310
* Inspector - CM $163 - $310 Technicians
RE/Structural Representative $224 - $377 Intern $51 - $113 Area Manager - CM $336 - $493 Technician/Office/Survey Technician $67 - $141 Sr. Technician/Survey Technician $99 - $194
Planning Lead Technician/Survey Technician $135 - $219
Planner I $90 - $116
Planner II $115 - $144 Project Management & Oversight
Sr. Planner $131 - $180 Project/Survey Manager $199 - $282 Sr. Project/Survey Manager $237 - $377
Landscape Architecture/Urban Design Division Manager $266 - $416 Landscape Designer I $83 - $123 Principal $426 - $504
Landscape Designer II $103 - $155
Landscape Architect $119 - $208 Project Support
Sr. Landscape Architect $128 - $233 Technical/Sr. Technical Writer $64 - $187 Project/Sr. Project Assistant $77 - $144
Grant Writing Project/Sr. Project Coordinator $103 - $183 Funding Specialist $119 - $229 Graphic/Sr. Graphic Designer $109 - $204 Sr. Funding Specialist $160 - $264 Project/Sr. Project Accountant $112 - $194 Funding Manager $272 - $356 Sr. Graphic Manager $154 - $226 Project Accountant Manager $170 - $236
District Management
* Inspector - Apprentice $64 - $116 Special Services
* Inspector/Sr. Inspector $106 - $173 Expert Witness $470 Assistant/Associate Sanitary Engineer $151 - $226 Strategic Consulting $470 Sanitary/Sr. Sanitary Project Engineer $176 -$307
Operations/Deputy District Manager $243 - $370
District Manager-Engineer $333 - $402
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2023
Reimbursables including, but not limited to; reproductions, delivery and filing fees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5% . Mileage will be billed per current IRS Rate.

Additional promotional steps exist within various rate categories.

This rate schedule expires June 30, 2023; rates are subject to escalation with new hourly rate schedule as of July 1, 2023. * These charge rates are subject to Prevailing Wage laws and Union contract.

RATE SCHEDULE Q-1 | PAGE 1 OF 1

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

Agreement with Provost & Pritchard Consulting Group Inc. for Engineering Design Services for the Water Main Replacement under the Fresno River
RECOMMENDATION:

Adopt a Resolution approving an Agreement with Provost & Pritchard Consulting Group Inc. for $115,800 for Professional Engineering Design Services for completion of the Water Main Replacement under the Fresno River, Project W-00009
SUMMARY:

On February 6, 2019, Council approved an original contract with Provost & Pritchard Consulting Group, Inc. (Provost) for preliminary engineering design services for the replacement of a water main from Gateway Drive to Riverside Drive under the Fresno River. The original contract was for project scoping and preliminary (30%) design efforts in order to develop an engineering concept to best solve the water main issues at this location. The 30% design effort has been completed and staff is recommending awarding a new agreement to Provost to complete the remaining work including:
 Environmental reports
 Government permitting
 Final design work
Given that Provost completed the initial 30% level design, staff is recommending completion of the remaining work with the same consultant. Provost completion of the surveying, initial layout and 30% level project engineering plans allows for better continuity of consultants for completion of the project. Funding for the project comes from the City's Water Utility Fund. The total amount of the Agreement is $115,800. Approval of the Agreement would extend the work completion date to July 15, 2024.

Council Meeting of: August 17, 2022
Agenda Number: _______ D-2
BACKGROUND:

The scope of work for the original contract with Provost covered preliminary design phase work.

This new Agreement will cover the remaining final design effort, permitting requirements, environmental studies to support permitting applications and the filing of a Notice of Exemption.

The final design consists of replacement of 200 feet of 16-inch water main within the Fresno River between Gateway Drive and Riverside Drive. Due to scour conditions within the river, the 8 feet of original soil cover has eroded leaving the existing pipe at surface level and exposed to vandalism and the elements (Figure 1). City Staff has previously recoated the exposed segment of the main to prevent deterioration of the pipe. Although this may temporarily prevent deterioration, the pipe is exposed and is accessible by anyone. Staff recommends the replacement of this pipe to a depth of eight feet to limit access and abate future streambed erosion during winter river flow conditions.

It is noted that this item, if approved, is only for the design of the water line. Upon completion of the design, it is anticipated that the City would prepare a Request for Proposal for the construction of the line.

Figure 1: Exposed Water Main at the Fresno River
The project is categorically exempt from CEQA under Section 15302(c) of the CEQA guidelines. A Notice of Exemption will be filed with the County Clerk prior to construction of the pipeline.

FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund. All engineering design funding is from the Water Utility Fund (Account 30203820) and included in the Capital Improvement Budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Action 101.6 - This entire effort supports this strategy to ensure infrastructure can sustain population growth in the development of the General Plan.

ALTERNATIVES:

As an alternative, Council may direct staff to not enter into an Agreement with Provost and solicit a competitive proposal from other engineering firms. Project delays will result, and the cost of engineering will increase.

ATTACHMENTS:

1. Resolution
a. Exhibit A - Agreement with Provost & Pritchard Consulting Group Inc. for $115,800.00 for Professional Engineering Design Services for completion of the Water Main Replacement under the Fresno River, Project W-00009 b. Exhibit B – Provost & Pritchard Fee Schedule

2. Location Map
ATTACHMENT 1
Resolution
RESOLUTION NO. ______

A RESOLUTION APPROVING AN AGREEMENT WITH PROVOST &
PRITCHARD CONSULTING GROUP INC. FOR $115,800.00 FOR

PROFESSIONAL ENGINEERING DESIGN SERVICES FOR COMPLETION OF

THE WATER MAIN REPLACEMENT UNDER THE FRESNO RIVER, PROJECT W-00009
WHEREAS, the City of Madera entered into an agreement with Provost & Pritchard Consulting Engineers, Inc. on February 6, 2019, for Professional Engineering Design Services for preparation of contract documents for the Water Main Replacement between Gateway Drive and Riverside Drive under the Fresno River; and
WHEREAS, it is necessary to enter into Agreement with Provost & Pritchard Consulting Engineers, Inc. to complete the scope of work as defined in the Agreement; and WHEREAS, Provost & Pritchard has requested compensation for the engineering services required to complete the scope of work; and
WHEREAS, adequate funds are available in the project budget for these additional costs.

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. Agreement with Provost & Pritchard Consulting Engineers, Inc. for Professional Engineering Design Services for the Water Main Replacement from Gateway Drive to Riverside Drive under the Fresno River, attached hereto as Exhibit A, is hereby approved in an amount not to exceed $115,800.00.

3. The Mayor is authorized to execute the Amendment as approved.

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

EXHIBIT A
Consultant Agreement

CONSULTANT SERVICES AGREEMENT WITH PROVOST & PRITCHARD
CONSULTING GROUP, INC. FOR ENGINEERING DESIGN SERVICES FOR THE

WATER MAIN REPLACEMENT CROSSING THE FRESNO RIVER,
CITY PROJECT W-00009
This Agreement made and entered into this ____ day of _____ 2022, between the City of Madera, a municipal corporation of the State of California, hereinafter called “CITY”, and Provost & Pritchard Consulting Group Inc. located in Clovis, California, hereinafter called “CONSULTANT ".

WHEREAS, CITY plans to design a new water main crossing the Fresno River at Gateway Drive and Riverside Drive, City Project W-00009 hereinafter called “Project”; and WHEREAS, CITY needs the services of a professional engineering firm to provide engineering design services for the Project; and
WHEREAS, CONSULTANT is qualified and certified to provide the required engineering design services and is knowledgeable of the principles and practices of the industry associated with the design and construction of Water Mains; and
WHEREAS, CITY desires to hire CONSULTANT for such engineering design services.

NOW THEREFORE, based on the foregoing recitals which are incorporated by reference, the parties hereto mutually agree as follows:

1. SERVICES OF CONSULTANT
CITY hereby hires CONSULTANT to provide engineering design services as set forth herein in connection with the Project. Said work to be performed pursuant to this Agreement is more particularly described in the Scope of Work.

2. SCOPE OF WORK
CONSULTANT shall provide the professional engineering services as set forth in EXHIBIT A, “Scope of Work”, attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by subconsultants necessary for delivery of the project. CONSULTANT shall comply with applicable City of Madera design standards and requirements as directed by the CITY and applicable State and Federal requirements.

3. PROGRESS MEETINGS
CONSULTANT shall communicate and meet with CITY staff at project progress meetings at intervals mutually agreed to between CITY and CONSULTANT to verify, refine and complete the project requirements and review the progress of the project. Such meetings shall be as set forth in the Scope of Work, EXHIBIT A.

4. CITY'S OBLIGATIONS
The CITY shall provide the CONSULTANT with the following:
a. Provide a Project Manager to work with CONSULTANT.
b. Review all submittals timely.
c. Pay all fees for permits.
d. Provide all available studies, reports, and other data pertinent to CONSLTANT’s services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required for the performance of CONSULTANT’S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by the City or others in performing CONSULTANT’S services under this Agreement.
e. Arrange for access to and make provisions for CONSULTANT to enter upon public and private property as required for CONSULTANT to perform services hereunder.

5. QUALIFICATIONS AND PROFESSIONAL STANDARDS
The Consultant confirms that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner consistent with the Standard of Care. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, in accordance with the Standard of Care qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be in accordance with the Standard of Care throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the Standard of Care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all the applicable laws and regulations.

6. COMPENSATION
The basic fee for the work tasks itemized in EXHIBIT A, “Scope of Work” shall not exceed $115,800.00 (one hundred fifteen thousand, eight hundred dollars and zero cents).

CITY and CONSULTANT agree on the basic compensation rates at shown on EXHIBIT B, HOURLY RATE SCHEDULE. It is understood and agreed by both parties that all reasonable expenses incidental to CONSULTANT’S performance of services, including travel expenses, are included in the basic fee shown in EXHIBIT B.

7. PAYMENT
Payments for all undisputed portions of each invoice as provided for hereunder shall be made within 30 days of receipt and approval of CONSULTANT’S monthly invoices for the work performed specified herein. For the Tasks identified on EXHIBIT A as having a fee charged on a time and materials (T&M) basis, CONSULTANT’S invoice shall specify the billed hours and hourly rates for each employee classification. For the Tasks identified on EXHIBIT A as having a fee charged on a lump sum basis, CONSULTANT’S invoice shall specify the percentage of work complete, and the corresponding percent of the fee being invoiced for each task. The subconsultants work shall be included on CONSULTANT ‘S invoice with a copy of the subconsultant’s invoice attached. A report on summary of costs to date for each component of the work shall accompany the invoice. This summary shall also estimate the percentage of the work completed for each component and the balance remaining in each component.

8. EXTRA SERVICES
CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Proposal or for such services as may be specifically requested by CITY through the City Engineer in writing and agreed to by CONSULTANT for an agreed-to lump sum or hourly rate of compensation or for necessary expenses over that listed in the Budget, provided, however, the City Engineer’s authority is limited to expenditures not to exceed the amount of $5,000.00 (five thousand dollars and zero cents).

9. AUDITS AND INSPECTIONS ACCESS
CONSULTANT shall, upon reasonable notice and at any time during regular business hours, and as often as CITY may deem necessary, make available to the CITY or its authorized representative for examination, all of its books, records, and data with respect to matters covered by this Agreement. CONSULTANT shall permit CITY to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this Agreement.

10. LIABILITY INSURANCE
Without limiting CONSULTANT’S indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the CITY.

Minimum Scope and Limits of Insurance
CONSULTANT shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the CITY and its officers, officials, employees, and agents shall be additional insureds under such policies.  Worker’s Compensation as required by the State of California and $1,000,000.

Employer’s Liability per accident for bodily injury or disease. CONSULTANT shall submit to the CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the CITY, it’s officers, agents, employees, and volunteers.  Professional Liability (Errors & Omissions) of $1,000,000 per claim and in the aggregate. CONSULTANT shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in CONSULTANT’S proposal.

The Consultant may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance.

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

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

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

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

Enforcement of Contract Provisions (non-estoppel)
CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform Consultant of non-compliance with any requirement imposes no additional obligations on the CITY, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If CONSULTANT maintains higher limits than the minimums required above, the CITY shall be entitled to coverage at the higher limits maintained by CONSULTANT.

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

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

Timely Notice of Claims
CONSULTANT shall give the CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’S performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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

11. OWNERSHIP OF DOCUMENTS
All original papers, documents, reports, drawings, and other work product of CONSULTANT are instruments of service. All reports and legal documents shall include the professional’s registration number and be stamped, signed, and dated. All instruments of service shall, upon payment in full to CONSULTANT, become the property of the CITY whether the project for which they are prepared is executed or not. CONSULTANT shall be permitted to retain copies, including reproducible copies, of the instruments of service for information and reference. The instruments of service shall not be used by the CITY on other projects, except by agreement in writing by the CONSULTANT. In the event the CITY reuses such instruments of service, CONSULTANT shall be released and held harmless by the CITY from any and all liability, including legal costs and attorneys’ fees, with respect to the reuse of such instruments of service.

Reuse of documents for any purpose other than as intended under this Agreement shall be at CITY'S sole risk. CITY shall indemnify CONSULTANT for any damages incurred as a result of such reuse, including use of incomplete documents.

12. TIME OF COMPLETION
A. Based on an agreed upon Notice to Proceed date, CONSULTANT shall complete the work as shown in EXHIBIT A, Scope of Work:

B. CONSULTANT shall not be held responsible for delays caused by CITY review or by reasons beyond CONSULTANT’S reasonable control. Also, CONSULTANT shall not stop his work, including work unrelated to any extra services request, unless it can be shown that the project work cannot proceed while a claim or request for extra services is being evaluated.

C. Time is of the essence in the completion of the services covered by this Agreement.

D. CONSULTANT shall complete all services required under this Agreement and this Agreement shall expire on December 31st, 2023, unless extended by mutual agreement.

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

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

1. An illegal use of funds by CONSULTANT.

2. A failure by CONSULTANT to comply with any material term of this Agreement.

3. A substantially incorrect or incomplete report submitted by CONSULTANT to CITY.

In no event shall any payment by CITY or acceptance by CONSULTANT constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. CITY shall have the right to demand of CONSULTANT the repayment to CITY of any funds disbursed to CONSULTANT under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

14. APPROVAL
CITY will give reasonably prompt consideration to all matters submitted by CONSULTANT for approval to the end that there will be no significant delays in CONSULTANT’S program of work. An approval, authorization or request to CONSULTANT given by CITY will only be binding upon CITY under the terms of this Agreement if in writing and signed on behalf of CITY by a CITY representative or designee.

15. HOLD HARMLESS

Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials and employees from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs resulting from or related to CONSULTANT’S negligence, but only to the extent the Consultant (and its Subconsultants) are found responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the CITY in the performance of professional services under this agreement. Consultant shall not be obligated to defend or indemnify CITY for the CITY’s own negligence or for the negligence of others.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless CITY, and any and all of its employees and officials from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert w itness fees), where the same arise out o f, are a consequence of, or are in any way attributable to, in whole or in part, the negligent performance of this Agreement by Consultant, including, but not limited to, officers, employees, or subconsultants of Consultant.

16. RESPONSIBILITY FOR OTHERS
CONSULTANT shall be responsible to CITY for its services and the services of its sub consultants. CONSULTANT shall not be responsible for the acts or omissions of other parties engaged by CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.

17. PROFESSIONAL RESPONSIBILITY
CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California, County of Madera.

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that the CITY’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT’s opinions, analyses, projections, or estimates.

18. PARTIES BOUND BY AGREEMENT
This Agreement shall be binding upon CITY, CONSULTANT, and their successors in interest, legal representatives, executors, administrators and assigns with respect to all covenants as set forth herein. CONSULTANT shall not subcontract, assign, or transfer any of the work except as otherwise provided for in this agreement.

19. COMPLETE AGREEMENT OF PARTIES
This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties. Any modifications of this Agreement shall be in writing and signed by authorized representatives of the parties. One or more waivers of any term, condition, or covenant by either party shall not be construed as a waiver of any other term, condition, or covenant.

20. ASSIGNMENT WITH APPROVAL
It is understood that neither party shall assign, sublet, subcontract, or transfer its rights or obligation under this Agreement without the prior express, written consent of the other party.

21. INDEPENDENT CONTRACTOR
In performance of the work, duties and obligations assumed by CONSULTANT under this Agreement, it is mutually understood and agreed that CONSULTANT, including any and all of CONSULTANT’S officers and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of CITY. Furthermore, CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and function. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions hereof. CONSULTANT and CITY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONSULTANT shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee to others unrelated to CITY or to this Agreement.

22. GOVERNING LAW
Any controversy or claim arising out of, or relating to, this Agreement which cannot be amicably settled without court action shall be litigated either in the appropriate State court for Madera County, California, or as appropriate in the U. S. District Court for the Eastern District of California, located in Fresno County. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

23. AMENDMENTS
Any changes to this Agreement requested either by CITY or CONSULTANT may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such in writing.

24. COMPLIANCE WITH LAWS AND WAGE RATES
CONSULTANT shall comply with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of CONSULTANT’S services.

CONSULTANT may use professional practices and standards regarding the interpretation of these laws. CITY and CONSULTANT both agree that all design work performed under this contract will not be subject to prevailing wage requirements or the requirements of the DavisBacon Act.

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

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

26. NOTICES
Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee or that party or, in lieu or personal service, when deposited in the United States mail, first class postage prepaid, addressed as follows:

CITY OF MADERA CONSULTANT
Engineering Division Provost & Pritchard Consulting Group, Inc. 428 E. Yosemite Avenue 455 W. Fir Avenue
Madera, CA 93638 Clovis, CA 93611-0242

27. SOLE AGREEMENT
This instrument constitutes the sole and only agreement between CONSULTANT and CITY respecting the Project and correctly sets the obligations of the CONSULTANT and CITY to each other as of this date. Any agreements or representations respecting the above project, not expressly set forth in this instrument are null and void.

28. THIRD PARTIES
The services to be performed by CONSULTANT are intended solely for the benefit of the CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on the CONSULTANT's performance of its services hereunder, and no right to assert a claim against the CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the Performance of the CONSULTANT's services hereunder.

29. DISPUTE RESOLUTION
In the event of any dispute between the Parties related to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party’s written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and consultant fees and costs.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
* * * * * * * * * * *
PROVOST & PRITCHARD CONSULTING GROUP, INC.

By: _______________________________________________________ Matthew W. Kemp, Vice President
Taxpayer I.D. Number ____________

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

By: ____________________________________
Hilda Cantu Montoy, City Attorney
ATTEST:

By: ____________________________________
Alicia Gonzales, City Clerk
EXHIBIT A – SCOPE OF WORK
EXHIBIT B – HOURLY RATE SCHEDULE

EXHIBIT A

SCOPE OF WORK
Subject: Engineering and Permitting Services for
The Water Main Replacement Crossing Fresno River, Madera, California Thank you for the opportunity to submit this proposal to provide engineering and permitting services for the Fresno River Water Main Crossing Project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.

Project Understanding
Provost & Pritchard (P&P) prepared a schematic design and conducted preliminary research on permitting requirements to replace the existing 16-inch water main crossing the Fresno River near the North Gateway Drive Bridge. We understand that the City of Madera (the “City”) has decided to replace only a portion of the water main where the riverbed has eroded and a section of the water main is exposed. Approximately 200 linear feet of ductile iron pipe will be installed parallel to the existing water main at a greater depth than the existing pipe (between 6.5 and 12.5 feet deep). The new pipe will connect to the existing water system on both ends and the existing, shallow pipe will be removed. The installation of new pipe and removal of existing pipe will require trenching in Fresno River, which will require permits from multiple permitting agencies. The City requested a proposal from P&P to provide design and permit assistance for the water main replacement.

Scope of Services
Our proposed scope of work for this proposal is segregated into several phases, described below.

Phase CD: Construction Documents
This phase will include engineering design services for preparation of construction documents. The following tasks are included under this phase:
 Coordinate and attend kickoff meeting with the City to review schematic plan prepared previously.
 Conduct a site visit to evaluate and confirm field conditions.  Prepare 50% Construction Documents
o Construction plans, including water main plan and profile. Plans will include the
following 24”x36” sheets on P&P standard title block:
 Cover, notes, legend sheet
 1 plan and profile sheet
 1 detail sheet
o Engineer’s Opinion of Probable Construction Cost (EOPCC) o List of Technical Specifications required in addition to City Standard Specifications
 Submit 50% construction documents to the City for review and coordination.  Coordinate with Kinder Morgan: Contact and discuss the project with Kinder Morgan staff, confirm design and construction requirements related to their facilities, and submit plans for their records. It is assumed that no special permit or approval of the plans will be required.
 Virtual meeting with City staff to discuss comments to the 50% construction documents.  Prepare and submit Draft Final (90%) Construction Documents to City and Permit Agencies
o Revised construction plans
o Revised EOPCC
o Front end specifications provided by the City
 We will update the Bidder’s Proposal and Explanation of Bid Items o Technical Specifications
 City standard technical specifications will be provided and edited to fit specific project requirements. Additional environmental permitting requirements will be provided.
 Virtual meeting with City staff to discuss comments to the Draft Final (90%) construction documents.
 Incorporate City comments and submit final signed and sealed plans, specifications, and EOPCC.

Deliverables:
 Electronic PDF copy of the 50%, Draft Final (90%) Construction Documents, and Final Signed Construction Documents (Plans, Specifications, and EOPCC).

Phase RRE: Railroad Encroachment Permit
This phase will include surveying and engineering design services for establishing railroad right of way and for preparing and submitting the encroachment permit application.  Verify Union Pacific Railroad (UPRR) right of way
o Conduct topographic field survey of bridge deck and rails o Research and verify limits of railroad right of way with record maps  Coordinate with UPRR and prepare encroachment permit application. It is expected that a Maintenance Consent Agreement will be required. o Prepare required exhibits and details and submit application on UPRR online application system.

Deliverables:
 Electronic PDF copy of the UPRR encroachment permit application submitted online.

Phase ENV: Environmental
CEQA Notice of Exemption
 For the purposes of this scope, it is assumed that the Project will qualify for a California Environmental Quality Act (CEQA) exemption. Therefore, this phase will include a Biological Evaluation to support the Notice of Exemption (NOE) and Permitting Applications:
 Biological Evaluation:
o Review of relevant background information, including but not limited to California Natural Diversity Database, the California Native Plant Society’s Inventory of Rare and Endangered Vascular Plants of California, USFWS’s Information, Planning, and Conservation (IPaC) System, technical reports regarding flora and fauna with potential to occur near the Project areas, and other planning documents completed for projects within the region that have potential relevance to the Project area. o Perform a reconnaissance-level field survey of the Project area. Goals of the biological field survey include identification of existing biological resources within the Project area, including land uses and biotic habitats, constituent plants and animals, and suitable habitat for special status species. o Prepare a Biological Evaluation report evaluating potential Project impacts to State and federally listed or special status species, habitats, and other sensitive biological resources. The Biological Evaluation report will be consistent with CEQA standards and is suitable for submission to most regulatory agencies for permitting purposes.

Deliverables:
 Electronic copy of the Biological Evaluation report and NOE including figures, photographs, and all associated appendices.

Phase PER: Permitting
Lake or Streambed Alteration Notification Agreement (LSA)  Prepare the LSA Notification package pursuant to California Fish and Game Code section 1602. Specific tasks associated with this phase include:
o Conduct necessary fieldwork (concurrent with fieldwork associated with the biological evaluation and other environmental permitting). o Provide figures to delineate jurisdictional areas to meet the standards and protocols of CDFW.
o Complete the Standard LSA Notification form with attachment of all relevant documents and requested information.
o Submit the completed LSA Notification and required attachments to the City for review and comment, following which, the document will be finalized for submission to CDFW.
 P&P will upload the application through the CDFW EPIMS portal online. P&P’s fee estimate does not include CDFW’s LSA submittal fee. The City would send P&P a check for the permit fee which P&P would include with the submittal package. Optionally, the City could submit payment directly to CDFW once we are provided with a project tracking number or by credit card through the CDFW EPIMS portal online.

USACE Section 404 Permit
 For the purposes of this scope, it is assumed that the Project will trench through the Fresno River (a Waters of the United States) to replace an existing water pipeline and will qualify for coverage under Nationwide Permit (NWP) 3a or 58.
 A pre-filing meeting will be arranged between P&P and United States Army Corps of Engineers (USACE) to identify and get USACE concurrence on the appropriate NWP. o If the agency determines that the project will fall under NWP 3a, then a PreConstruction Notification (PCN) will not be required. o If the agency determines that the project falls under NWP 58, given the project will not result in greater than ½ acre loss of Waters of the United States the following is included:
 A PCN will be required if the amount of discharge will result in the loss of 1/10 acre loss of Waters of the United States.
o If the nationwide permit requires a PCN, then an AR Aquatic Resources Delineation (ARD) is also required, in which the following will be completed:
 Conduct required background research and field investigation fieldwork, according to the 1987 Corps of Engineers Wetland Delineation Manual, the Arid West Regional Supplement and the most recent USACE/USEPA guidance, in addition to other relevant guidance and publications.  Prepare an Aquatic Resources Delineation Report consistent with the USACE Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (2016) and the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program (2016).  Prepare a Jurisdiction Delineation Report including a jurisdictional delineation map of onsite waters of the United States that will be suitable for submission to the USACE to support the Clean Water Act (CWA) 404 permitting, and to the Regional Water Quality Control Board (RWQCB) for CWA 401 permitting. The report and map will be produced using USACE South Pacific Division (SPD) standards.
 Prepare a USACE permit application package, which will include, at a minimum, a cover letter, Pre-Construction Notification Checklist form with Attachment 3 for California, Aquatic Resources Delineation Report, completed Request for Aquatic Resources Delineation Verification or Jurisdictional Determination form South Pacific Division, and all other required attachments.
 Agency determination may take up to six months, sometimes longer, so P&P will arrange monthly coordination with USACE and provide weekly follow ups to the City up to 12 months following application submittal.

RWQCB Section 401 Water Quality Certification
 Conduct a pre-filing meeting with RWQCB to initiate 30-day waiting period for application submittal.
 Prepare a Section 401 Water Quality Certification Application package for submittal to the RWQCB. Specific tasks associated with this phase include:
o It is assumed that this project will impact between 0.1 and 0.2 acres or between 100 and 300 linear feet of waters of the State. Therefore, P&P assumes the project will be determined to have a Tier 2 risk.
o If the project is considered a Tier 2 risk, an alternatives analyses consistent with the requirements of section 230.10 of the State Supplemental Dredge or Fill 196 Guidelines will be completed and included in the application package.  Completion of the Section 401 Water Quality Certification Application form and attachment of all relevant documents and requested information.
 Provide a copy of the completed Section 401 Water Quality Certification Application package to for review. One set of comments will be accepted by P&P from the City, which will then be integrated into the final application draft.  Submit a finalized application through email to the appropriate RWQCB office.

Central Valley Flood Protection Board (CVFPB) Encroachment Permit  P&P will coordinate with the CVFPB to determine whether the project requires an Encroachment Permit.
 For the purpose of this scope, it is assumed that the Central Valley Flood Protection Board will approve this work under the Categorical Permission (CP), given that the proposed work falls under one or more of the USACE Categorical Permission Alteration Types, does not involve any disqualifying circumstances, and satisfies all standard engineering and environmental conditions.
o Therefore, an Alteration Request will be prepared and the Section 408 request review process may be expedited and streamlined.
 If this work is not approved under the Categorical Permission and is not considered maintenance, an Encroachment Permit application will be prepared and submitted. o Therefore, a USACE Section 408 permit application package will be prepared concurrently with the 404 Permit and the CVFPB Encroachment Permit application and submitted to the USACE and CVFPB.

USACE Section 408 Permit
 For the purpose of this scope, it is assumed that the USACE and the Central Valley Flood Protection Board will determine this work as maintenance, as described in the Operations and Maintenance Manual for the USACE federal project, no Section 408 permission is necessary, and therefore, will not require a 408 Permit.  If this work is determined not to be maintenance, a 408 Permit will be needed and the following will be required.
o Prepare the USACE Section 408 permit application package concurrently with the 404 Permit and the CVFPB Encroachment Permit and submit to both agencies.

Deliverables
 Electronic copy of the completed LSA Notification and required attachments to the client for review and comment, following which, the document will be finalized and submitted by P&P to CDFW.
 Electronic copy of the completed USACE Section 404 Permit Application package to the client for review and comment, following which, the document will be finalized and submitted by P&P to USACE.
 Electronic copy of the completed Section 401 Water Quality Certification Application package, which includes an alternatives analysis, to the client for review and comment, following which, the document will be finalized and submitted by P&P to the RWQCB.  Electronic copy of the completed Section 408 Permit Application (unless the project is deemed to be maintenance by the USACE Section 408 group – the Levees and Channels branch) submitted by P&P to the USACE and CVFPB.
 Electronic copy of the completed Encroachment Permit Application (unless the project is deemed to be maintenance) submitted by P&P to the CVFPB.

Phase CUL: Cultural (Optional)
Phase I Cultural Resources Survey/Cultural Report
Although a Cultural Resources report is not anticipated, Provost & Pritchard can team with ASM Affiliates to complete a Phase I Cultural Resources Survey/Cultural Report if it is required by the USACE. Upon request, P&P will consult with ASM to produce an additional scope and fee for this work. This would include:
 Obtain a standard turn-around records search at the Southern San Joaquin Valley Information Center (IC), California State University, Bakersfield, to identify any previously recorded sites located on or previous studies conducted within or adjacent to the project areas. The records search will include a review of all maps and files housed at IC related to the project areas. During the records search, we will determine if any previously recorded cultural resources identified within the project area are listed on the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR).
 Fieldwork will comprise of an intensive field survey by qualified archaeologists. Any newly identified archaeological sites will be mapped and recorded on DPR 523 forms for submission to the IC for assignment of permanent trinomials. Previously recorded sites within the study area will be visited and the site form will be updated. If potentially significant archaeological sites are identified during the survey, evaluation of their eligibility for the national, State or local register(s) may be required, if site avoidance cannot be achieved due to project constraints. Should this be the case, ASM will inform you of such and submit a proposal to complete that work.  ASM will prepare a written technical report that will summarize the background to the study area, records searches and tribal outreach, the field methods employed, and the results of the work described above, including recommendations for CEQA and Section 106 compliance for NEPA. A records search of the Native American Heritage Commission (NAHC) Sacred Lands files. Outreach letters and follow-up phone calls will be made to tribal organizations and members on the NAHC-provided tribal contact list, to assist with the tribal consultation process.

Deliverable:
 Electronic copy of the Phase I Cultural report including figures, photographs, and all associated appendices.

Phase BID: Bidding
Engineering Support During Bidding
 Provide engineering services during bidding of the project. Specific tasks associated with this phase include:
o Attend pre-bid meeting at the project site if one is required. o Prepare necessary responses to bidder requests for information (RFI). It is assumed that up to four RFIs will require review by the engineer. o Prepare necessary addenda and changes to contract documents resulting from bidder questions.

Phase CON: Construction
Engineering Support During Construction
 Provide engineering services during construction of the project. Specific tasks associated with this phase include:
o Attend pre-construction meeting at the project site.
o Periodic Site Visits: P&P will conduct up to four site visits at intervals appropriate to the state of construction.
o Submittal Review: Review shop drawings and submittals. It is assumed that 10 submittals will require review by the engineer.
o Respond to RFIs: Provide interpretation and/or clarification of construction documents during construction in response to up to four requests for information from the contractor.
o Prepare final record drawings and contract documents based on information received from Contractor. An electronic copy of these Record Drawings in PDF format will be submitted to the City within thirty (30) calendar days of receiving the contractor’s mark-ups.

Phase SUP: Supplemental Services (Optional)
 Additional engineering or permitting services may arise that are needed to complete the project. If these services are outside of the scopes of work described above, the City may request additional work to be performed under the Supplemental Services Phase.

Services performed under the Supplemental Services Phase shall be subject to authorization by the City. Supplemental services may include, but are not limited to preparing a Dust Control Plan, submitting an application for Indirect Source Review (ISR), or other necessary tasks not described above.

Professional Fees
Provost & Pritchard Consulting Group will form the services described above on a time and materials basis.

A breakdown of estimated fees, by phase, is shown in the table below. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses.

Hourly rates will be in accordance with our Standard Fee Schedule in effect at the time services are rendered.

Fee Summary
Phase Estimated Fee
Phase CD: Construction Documents $43,800
Phase RRE: Railroad Encroachment Permit $9,000
Phase ENV: Environmental $8,000
Phase PER: Permitting Services $40,000
Phase BID: Bidding $3,000
Phase CON: Construction $12,000
Subtotal Estimated Fee: $115,800
Phase CUL: Cultural (Optional) $5,500
Phase SUP: Supplemental Services (Optional) $10,000
The line items shown above are estimates and are not intended to limit billings for any given Task.

Required task effort may vary up or down from the line item estimates shown, however total billings will not exceed the Total shown without additional authorization. If the scope changes materially from that described above, as a result of any agency’s decision or because of design changes requested by the City, we will prepare a revised estimate of our fees for your approval before we proceed.

Schedule
Upon authorization to proceed, we will work with the City to prepare a mutually agreeable schedule.

Preparing 50% construction documents is estimated to take approximately six weeks. Agency review time is beyond our control and may affect the proposed project schedule. Estimated design and permitting timelines are shown below. Currently, most permits are expected to be secured in approximately 6-12 months or less, with the exception of one that may take up to 16 months. Since the pipeline replacement is in the river bed, construction during summer is desirable. If the permitting process extends beyond Summer of 2023, the project might not be constructed until Summer of 2024.

Proposed Design Schedule (Assuming NTP August 15, 2022) Week/Date Task Tentative Dates
Weeks 1-6 Survey and Prepare 50% PS&E Aug 15-Sept 23, 2022 Weeks 7-8 City Review of 50% PS&E Sept 26-Oct 7, 2022
Weeks 9-14 Prepare Draft Final (90%) PS&E Oct 10-Nov 18, 2022 Weeks 15-17 City Review of Draft Final (90%) PS&E Nov 21-Dec 9, 2022 Weeks 18-21 Prepare Final PS&E and submit for bidding Dec 12, 2022-Jan 6, 2023 Weeks 62-80 Approximate Expected Completion of Permitting Oct 2023-Feb 2024 Weeks 80-88 Anticipated Bidding and Award Feb 19-Apr 8, 2024 Weeks 94-98 Construction Phase May 27-June 24, 2024
Proposed Permitting Schedule (Assuming NTP August 15, 2022) Week/Date Task Tentative Dates
for Submittal
Tentative Time to Secure Permit
after Submittal
Weeks
1-6
Prepare LSA Application and Submit
to CDFW
Aug 15 – Oct 3,
2022
Between 90-120 days
Weeks
1-6
Prepare USACE 404 Application and
Submit
Aug 15 – Oct 3,
2022
Agency determination can
take 6-12 months
Weeks
1-6
Prepare Section 408 Permit and
Submit Concurrently with USACE
404 Application
Aug 15 – Oct
15, 2022
Agency determination can
take 6-12 months
Weeks
1-8
Coordinate with CVFPB, Prepare
Encroachment Permit Application
and Submit
Aug 15 – Oct
15, 2022
Currently takes
approximately 12-16 months
Weeks
1-8
Prepare RWQCB 401 Certification
Application and Submit
Aug 15 – Oct
15, 2022
Agency determination in 30
days
Assumptions
 The Project is exempt from the State Water Board Construction General Stormwater Permit and the San Joaquin Valley Air Pollution Control District Indirect Source Review (ISR) and Dust Control Plan requirements. If it is determined during the course of the project that a SWPPP, ISR application and/or DCP are required, these documents can be prepared under the supplemental services phase.
 This proposal includes submittal of a Standard 5-year LSA Notification, and the work anticipated to be required in order to complete this task. The City will be responsible for creating an online account for CDFW and providing the necessary request to associate P&P with the City to allow P&P to upload and submit the final LSA Notification through the EPIMS online portal.
 This proposal does not include the preparation of a long-term routine maintenance LSA Agreement or any other long-term permits maintenance permits.  Given the assumption that the project will qualify as a maintenance activity under NWP 3, a PCN and ARD may not be required. However, if the agency determines that the project falls under NWP 58, given the project will not result in greater than ½ acre loss of Waters of the United States, a PCN will be required if a Section 10 permit is required or the amount of discharge will result in the loss of 1/10 acre loss of Waters of the United States.  This proposal does not include focused surveys, handling of special status species, or documentation beyond what has been described in this scope of work. If additional project information, surveys, mitigation, notices, permits, environmental reports, filing fees or other additional information is requested by a regulating agency, it would be accomplished by a separate proposal and fee submitted in advance for review and approval.  Provost & Pritchard has no influence on the timeliness of review or issuance of permits by outside agencies, such as CDFW, USACE, CVFCB, and RWQCB, and cannot be held responsible if permits are delayed due to lengthy review periods.  The costs of all checking and inspection fees, assessment fees, soils or geotechnical engineering or testing fees, aerial topography fees, and all other fees, permits, bond premiums, applicable taxes on professional services, title company charges, blueprints and reproductions, and all other similar charges not specifically covered by the terms of this agreement are not included and will be paid by the City.  All permit filing and application fees, mitigation fees, or CEQA filing fees are not included and will be paid by the City.
 A geotechnical investigation is not included in this proposal. If one is required for permitting, the City will contract this work directly.
 The City will conduct utility potholing if required during the design phase.  The City will provide access to the site.
 The City will provide complete front-end specifications that need minor updates related specific project details.
 Any work not specifically identified in this proposal is excluded from this scope of work (i.e., additional technical studies that reviewing agencies may require).  The limits of work shown on the schematic layout (prepared in October 2020) are accurate and no City right of way verification will be needed.  Survey completed for use in preparing the schematic layout is sufficient for the development of construction documents and no additional survey will be needed.

Additional Services
The following services are not included in this proposal, however these and others can be provided for an additional fee (on a time and materials basis), upon request.  Construction contract administration and preparing conformed construction documents.  Payment of all checking and inspection fees, zoning and annexation application fees, assessment fees, and all other fees, permits, title company charges, and all other similar charges not specifically covered by the terms of this agreement.  Pre-construction and/or Post-construction Biological Surveys  Nesting Bird Surveys in accordance with the Migratory Bird Treaty Act (MBTA)  Worker Environmental Awareness Program (WEAP) Training  Construction staking and day-to-day construction observation services. This would include coordination with the contractor(s) and City for part time construction review for conformance to Contract Documents and various associated administrative duties.  Any extra work performed by Consultant due to changed design alignments, field changes or other conditions which necessitate clarifications, modifications or other changes to the permits or other environmental documents prepared by Consultant.  Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures, or requirements after the date of this agreement.
 Any extra work caused by delays beyond Consultant’s reasonable control by reason of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of Client to furnish timely information or approve or disapprove of Consultant’s services or instruments of service promptly, or faulty performance by Client or other contractors or governmental agencies.
 Preparing and submitting Statements of Diversion for surface water used to the State Water Resource Control Board.
 Topographic survey and open flow channel hydraulic calculations.

Terms and Conditions
If this proposal is acceptable, please sign and return a copy to our office. This proposal is valid for 30 days from the date above. It is assumed that the City will issue an agreement for execution by both parties.

Sincerely Yours,
Provost & Pritchard Consulting Group
Jason Staicer, RCE 86615 Matthew W. Kemp, RCE 66088
Project Manager Chief Strategic Officer
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EXHIBIT B

HOURLY RATE SCHEDULE
Provost & Pritchard Consulting Group
2022 Standard Fee Schedule
This schedule supersedes previously published fee schedules as of the effective date of January 1, 2022.

Multi-year contracts are subject to any subsequent changes in these rates.

Staff Type Fee Range
Engineering Staff
Assistant Engineer $97.00 – $125.00
Associate Engineer $115.00 – $147.00
Senior Engineer $153.00 – $184.00
Principal Engineer $195.00 – $235.00
Associate Structural Engineer $120.00 – $146.00
Senior Structural Engineer $150.00 – $170.00
Principal Structural Engineer $180.00 – $230.00
Specialists
Associate Biologist $95.00 – $115.00
Assistant Environmental Specialist $90.00 – $120.00
Associate Environmental Specialist $126.00 – $155.00
Senior Environmental Specialist $155.00 – $185.00
Principal Environmental Specialist $195.00 – $235.00
Assistant GIS Specialist $75.00 – $93.00
Associate GIS Specialist $100.00 – $127.00
Senior GIS Specialist $135.00 – $170.00
Assistant Geologist/Hydrogeologist $95.00 – $113.00
Associate Geologist/Hydrogeologist $120.00 – $150.00
Senior Geologist/Hydrogeologist $150.00 – $180.00
Principal Geologist/Hydrogeologist $195.00 – $235.00
Associate Water Resources Specialist $105.00 – $130.00
Senior Water Resources Specialist $135.00 – $160.00
Environmental & Roof Specialist $120.00 – $200.00
External Affairs Specialist $98.00 – $128.00
Principal Tunneling Consultant $235.00 – $255.00
Planning Staff
Assistant Planner/CEQA-NEPA Specialist $85.00 – $105.00 Associate Planner/CEQA-NEPA Specialist $110.00 – $133.00 Senior Planner/CEQA-NEPA Specialist $140.00 – $168.00
Principal Planner/CEQA-NEPA Specialist $173.00 – $196.00 Technical Staff
Assistant Technician $75.00 – $97.00
Associate Technician $102.00 – $125.00
Staff Type Fee Range
Senior Technician $130.00 – $150.00
Construction Services Staff
Associate Construction Manager $120.00 – $140.00
Senior Construction Manager $145.00 – $167.00
Principal Construction Manager $180.00 – $210.00
Construction Inspector (1) $152.00 – $177.00
Construction Inspector (2) $187.00 – $218.00
Support Staff
Administrative Assistant $70.00 – $90.00
Project Administrator $80.00 – $105.00
Senior Project Administrator $115.00 – $200.00
Intern $65.00 – $80.00
Surveying Services Staff
Assistant Surveyor $95.00 – $115.00
Licensed Surveyor $145.00 – $175.00
1-Man Survey Crew $175.00/$200.00(1)
2-Man Survey Crew $245.00/$285.00(1)
2-Man Survey Crew including LS $280.00/$295.00(1)
UAV (Drone) Services $210.00
(Field work not including survey equipment billed at individual standard rate plus vehicle as appropriate.)
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern counties; other counties as quoted.
(2) Overtime for Construction Services prevailing wage will be calculated at 125% of the standard prevailing wage rate.

Additional Fees
Expert Witness / GIS Training: As quoted.

Travel Time (for greater than one (1) hour from employee’s base office):
$80/hour (unless the individual’s rate is less)
Project Costs
Mileage: IRS value + 15%
Outside Consultants: Cost + 15%
Direct Costs: Cost + 15%
ATTACHMENT 2
Location Map

PROJECT LOCATION MAP

CITY OF MADERA
Water Main Replacement from Gateway Drive to Riverside Drive under the Fresno River
APPROX. 550' EXISTING
16" WATER MAIN

RAILROAD TRESTLE
WELL 18

CENTRAL AVE
LEGEND:

INDICATES APPROXIMATE EXTENTS OF

EXISTING WATER LINE TO BE REPLACED
(LOCATION TO BE VERIFIED DURING DESIGN) NORTH
SONORA ST.

COLUMBIA ST.

N. D STREET

RIVERSIDE
DR.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 17, 2022
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement for memorial monuments at Centennial Park and Rotary Park RECOMMENDATION:

Adopt a Resolution awarding contract to David J. Boyle Electric Shop LLC, under IFB 202223-03 for Memorial Monuments at Centennial Park and Rotary Park, estimated at $14,520 and approving a Construction Services Agreement
SUMMARY:

The Parks & Community Services (PCS) Department invited qualified and experienced contractors to submit bid proposals for the procurement and installation of 2 memorial monuments at 2 City parks. The first memorial monument will be installed at Centennial Park located at 701 East 5th Street, and the second monument is to be installed at Rotary Park located at 930 North Gateway Drive. These monuments pertain to the dedication of these parks for two distinct reasons.

1. During the September 2, 2020 Council meeting, Council adopted a Resolution to dedicate the horseshoe facility at Rotary Park to Harlen and Sharon Rippetoe in recognition of their volunteer service and contribution to parks and recreation in the City. Harlen and Sharon have been active in the horseshoe community since 2000 and Harlen is the founding member and current President of the Big Valley Horseshoe League. Harlen and Sharon were instrumental in the installation of the horseshoe facility located in Rotary Park and have maintained, on a volunteer basis, the horseshoe pits at two other City parks over the last two decades. They have worked in conjunction with the PCS Department since 2005 to organize and oversee year-round horseshoe pitching recreational activities. To memorialize the dedication of the horseshoe facility to Harlen and Sharon, a monument _________________________________ Agenda Number: ______ Joseph Hebert, Parks & Community Services Director
D-3
and plaque will be installed at the entrance of the horseshoe facility located at Rotary Park.

2. During the August 19, 2020 Council meeting, Council adopted a Resolution to dedicate the playground at Centennial Park in honor of Thaddeus Sran. During July 2020, two-yearold Thaddeus Sran disappeared from his home. Under coordination and investigatory efforts led by the Madera Police Department, community members, local businesses, and City Parks and Public Works staff, aided by US Marshals, Madera County Sherriff’s Office, City of Chowchilla Police Department, and the Federal Bureau of Investigation (FBI), worked together to find Thaddeus. Sadly, his remains were discovered near an orchard just outside of the City. Numerous individuals and community groups expressed a strong desire to memorialize the memory of Thaddeus. Community groups and elected officials suggested that the playground at Centennial Park be dedicated in his honor.

DISCUSSION:

The advertisement for the IFB 202223-03 was released July 23, 2022. The IFB was duly noticed in the Madera Tribune newspaper on Saturday, July 23, 2022, and again on Saturday, July 30, 2022.

The IFB was distributed to Builders Exchanges in Fresno, Modesto, and Visalia. The bid documents were also made available to the Kern-Minority Contractors Association in Bakersfield; posted on EBidBoard.com, an online listing service for contractors accessible from the City’s website as well as to other contractors that regularly access EBidBoard’s website directly; and posted on the Purchasing page of the City’s website. The IFB was also emailed directly to all contractors who expressed an interest in the project.

The City received one bid in response to the IFB from David J. Boyle Electric Shop LLC in the amount of $14,520. The bid was evaluated by a committee of staff from PCS and Purchasing. In accordance with Public Contract Code, the City is required to award the contract to a responsible bidder with the lowest responsive bid. Due diligence was made to review the responsible bidder status and that bid met the following criteria: qualification & experience of key personnel, qualifications & experience of firm, method and approach/schedule, references, and cost proposal.

David J. Boyle Electric Shop LLC is an experienced general and electrical engineering and construction company. They are a family-owned business since 1920 with a local office located at 308 South D Street.

The memorial monument located at Fire Station 58 served as the basis for the scope of work and design plans of these two memorial monuments.

FINANCIAL IMPACT:

The City anticipated the construction and installation of both monuments, after the dedication of the horseshoe facility for the Rippetoe family and the playground dedication to Thaddeus Sran.

Each monument was estimated at $20,000, per engineering estimates. A total of $20,000 was budgeted for the Rippetoe monument, including the cost of a plaque. A total of $17,000 was budgeted for the Sran monument, including the cost of a plaque, keeping in mind a donation of $3,157. Both were budgeted within the Contracted Services line item in Parks (10206100) budget. The cost of the plaques is $9,476.74 and plaques have been purchased. With the received bid at $14,520 for both monuments, the City anticipates savings from the bid coming in lower than budgeted for.

The expenditures are included in the FY 2022/2023 Budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Pertaining to the memorial monument for Harlen and Sharon Rippetoe at Rotary Park:
• 121.10 - Add facilities and amenities for the public. • 316.20 - Honor community service groups and volunteers at annual events. • 316.10 - Further develop existing volunteer recruitment programs.

Pertaining to the memorial monument for Thaddeus Sran at Centennial Park:

It is noted that while the recommended action does not specifically align with any Vision strategy, the support of community involvement and partnership in extraordinary circumstances, such as this, is generally consistent with the City’s goals and objectives.

ALTERNATIVES:

1. Council may request staff bring additional information to a subsequent meeting.

2. Council may direct staff to publish a new IFB to allow for additional bids to be submitted.

ATTACHMENTS:

1. Resolution awarding contract to David J. Boyle Electric Shop LLC, under IFB 202223-03 a. Exhibit 1: Construction Services Agreement
RESOLUTION NO. _________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AWARDING AN AGREEMENT RELATING TO INVITATION FOR BID NO. 202223-03 TO DAVID J. BOYLE ELECTRIC SHOP LLC IN THE AMOUNT OF $14,520AND

APPROVING A CONSTRUCTION SERVICES AGREEMENT
WHEREAS, on July 23, 2022 the City of Madera (City) Purchasing Division advertised Invitation for Bids 202223-03 for two (2) memorial monuments at two (2) City park locations, hereinafter referred to as “the Project”; and
WHEREAS, the first memorial monument will be installed at Centennial Park located at 701 East 5th Street for Harlen and Sharon Rippetoe, and the second monument is to be installed at Rotary Park located at 930 North Gateway Drive for Thaddeus Sran; and WHEREAS, one sealed bid was received on August 9, 2022, and opened by the Procurement Services Manager; and
WHEREAS, David J. Boyle Electric Shop LLC submitted the only responsible bid; and WHEREAS, funding for the Project is appropriated in the Parks & Community Services Contracted Services line item in the Parks Maintenance budget in Fiscal Year 22/23.

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

1. The above recitals are true and correct.

2. The Construction Services Agreement between the City of Madera and Boyle Electric, a copy of which is attached hereto and incorporated by reference as Exhibit 1, is approved.

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

CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT, made this 17th day of August, 2022, between the City of Madera, hereinafter called “OWNER”, and David J. Boyle Electric Shop LLC, doing business as (an individual), or (a partnership), or (a corporation), hereinafter called “CONTRACTOR”.

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

1. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202223-03 Memorial Monuments at Centennial Park and Rotary Park.”

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

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $14,520 each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following, attached hereto:
(A) IFB 202223-03 Memorial Monuments Centennial Park and Rotary Park (C) Bid Proposal Form
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements
(I) General Conditions
(J) City of Madera Standard Specifications and Drawings (K) State Standard Plans and Specifications

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of One Thousand Dollars ($1,000.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

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

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

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

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

A. Claims:

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

B. The Claim Must Be Timely and in Writing:

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

C. Receipt of Claim by Owner:

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

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

D. City Council Approval:

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

E. Payment of Claim:

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

F. Meet and Confer:

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

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

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

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

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

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

G. Filing a Government Code Written Claim Notice:

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

H. Owner’s Failure to Respond to Claim:

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

I. Interest:

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

J. Subcontractor Claims:

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

K. Filing of Action on Unresolved Claims:

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

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

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

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

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

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

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

Section 1777.5 provides, in part, as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

20. Termination.

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

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

1. An illegal use of funds by CONTRACTOR;

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

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

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

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

Notice of termination shall be mailed to the City:

City of Madera
Parks & Community Services Department
701 East 5th Street
Madera, CA 93638
Notice of Termination shall be mailed to the Contractor:

David J. Boyle Electric Shop LLC
308 South D Street
Madera, CA 93638
All notices and communications from CONTRACTOR shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City of Madera
Herein Called OWNER
By:

Santos Garcia, Mayor
APPROVE AS TO FORM:

Hilda Cantú Montoy, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BY:

Herein Called CONTRACTOR
BY:

Federal Tax I.D. No.

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

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

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

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

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Initiation of proceedings for the annexation of Tract 21-S-02/TSM2019-03 Pecan Square Subdivision into Community Facilities District 2005-01
RECOMMENDATION:

That Council adopt Resolutions:

1. Adopting a Boundary Map Showing the Territory Proposed for Annexation to Community Facilities District No. 2005–01 and

2. Declaring Its Intention To Annex Territory (Tract 21-S-01/TSM2019-03 Subdivision) to Community Facilities District No. 2005-01 (Public Services), to Authorize the Levy Of Special Taxes Therein, and Setting Public Hearing (Annexation No. 11) SUMMARY:

The attached resolutions will begin the proceedings for the annexation of the development project known as Pecan Square, Tract 20-S-02/TSM 2019-03 (the “Project”) into Community Facilities District (CFD) 2005-01. The conditions of approval for the Project require it to annex into CFD 2005-01, which was established as an annexable district to provide funding to offset the increased cost for public safety, open space, and parks maintenance created by new development.

DISCUSSION:

By Resolution No. 05-334, the City Council established CFD 2005-01, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are used for the funding of police and fire protection services, storm drain infrastructure maintenance and operations, and park maintenance. Property owner assessments are paid as a component of the Council Meeting of: August 17, 2022
Agenda Number: _______ D-4
property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD 2005-01. Projects may be annexed one at a time, or in a group if they are ready at the same time.

Pecan Square, Tract 20-S-02 makes up Annexation No. 11. Pecan Square, Tract 20-S-02/TSM 2019-03 is owned by D.R. Horton CA3 Inc. The Project includes the development of approximately 112 single family residential units. The boundaries of the Project consist of the area within the original assessor’s parcel number (APN) 012-480-005 and the updated APN 012-480-011 as depicted on Attachment 1. The APN is updated to allow the county to amend parcel numbers in instances where reconfiguration to the map book is required, voiding old parcel numbers and allowing space for new map pages.

Table 1: Project Overview
Project Name Owner Units Location
Pecan Square, Tract 20-S-02 D.R. Horton CA3 Inc. 112 W. Pecan Ave. & SR 145 The attached resolutions represent the first steps that must be taken in the annexation process.

The resolution adopting a boundary map depicting the territory that is proposed for annexation.

A second resolution declares the City’s intention to annex the proposed territory into CFD 2005-

01. Establishing October 5, 2022, as the public hearing date for the final consideration of the annexation of the property into CFD 2005-01. See Attachment 1 to view a map of the subdivision.

As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-01 prior to recordation of the final subdivision map. This will comprise the tenth annexation. See Attachment 2 for a history of annexations into CFD 2005-01.

FINANCIAL IMPACT:

The 2022/23 Fiscal Year CFD 2005-01 assessment for single-family residential development is approximately $524.41 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 112 units in Annexation No. 11 will be $58,733.92. CFD 2005-01 includes an annual CPI adjustment, therefore, this amount will grow over time. The process for annexation is funded by the developer and no General Fund monies are used for this effort.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is not specifically addressed as part of the plan, is not in conflict with the plan, but rather is sympathetic of the underlying principles of the Vision 2025 Plan.

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792, which established the district and its special tax structure, on December 7, 2005. The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD 2005-01. Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution - Adopt Boundary Map
Exhibit A - Annexation Map No. 11
Resolution - Intent to Annex No. 11
Exhibit A - Annexation Map No. 11
Exhibit B - Rate and Method of Apportionment

2. Pecan Square, Tract 20-S-02/TSM 2019-03 Subdivision Map

3. CFD 2005-01 Annexation No. 11 Map

4. CFD 2005-01 Boundary Map

5. Rate and Method of Apportionment
RESOLUTION NO. _____

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

ADOPTING A BOUNDARY MAP SHOWING TERRITORY PROPOSED FOR
ANNEXATION TO CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005- 01 (ANNEXATION #11)
WHEREAS, the City Council of the City of Madera, California, (“City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2005-01 (hereafter referred to as “CFD No. 2005-01”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, the City Council desires to initiate proceedings to annex the territory known as Pecan Square, Tract 20-S-02 Subdivision (“Annexation No. 11”) to CFD No. 2005-01 Annexation No. 11 will consist of 112 single family units located west of Highway 145 (Madera Avenue) and south of West Pecan Avenue; and
WHEREAS, there has been submitted a map attached as Exhibit A showing the territory proposed to be annexed to CFD No. 2005-01, said area to be designated as Community Facilities District No. 2005-01, Annexation No. 11.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 11 and to be subject to the levy of a special tax by CFD No. 2005-01 upon the annexation of such territory to CFD No. 2005-01 is hereby approved and adopted. Such map is designated by the name of “Annexation No. 11 to City of Madera Community Facilities District No. 2005-01.” SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 11, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place of the Public Hearing on the intention to annex Annexation No. 11 to CFD No. 2005-01, a copy of said map shall be filed with the correct and proper endorsements thereon with County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

Exhibit A

VICINTY MAP
...
• ..
m#Wi
ANNEXATION MAP NO. 11
COMMUNITY FACILITIES DISTRICT NO. 2005-01

CITY OF MADERA

COUNTY OF MADERA

STATE OF CALIFORNIA
LDC...U LU
0 _ aAIN'ltAARV AVE_ ..L--1- ----'---- -t
Legend
,: ······ _____ __:ay~s ·
c::J .r.nnex1111onParc:ets
<1) MIIOR~ Numcer
rn
1 in =260 6eel
MAP REfEf.ENCE
NUMBtR ASSESSOft'S PAl'\CEl NUMBER.
1 012-480-011
SHEET 1 OF 1
FILED IH THE OFFICE OF THE Cl'TY CLERK Tl-e __ _ o,.yo, ___ ,._

I HEREBY CERT'FY THAT THE WITHIN MAP SHOWIHG
PROPOSED 80UNOARES OF ANNl:XATION MAP NO. 11 OF
COMMUNITY FACILITIES OISTRICT NO. 20l»-01. CITY OF
MAOERA, COUNTY OF MAOERA.. ST.ATE OF CALIFORNIA. WAS
APPROVEO av THE CITY COUNCIL OF THE aTYOF MAOERAAT
A REGULAR MEETING. THEREOF, HELO OH THE ___ _ 0/<Y 0, ____ 20__, BV ITS RESOLUTION NO.

CITY CLERK

CITY OF MADERA
FILED 20- AT THIS THE =-~-- HOLR OF ____ DAY O'ct.OCK OF -=---- ___ ..._ .. 800I( ___ PAGE(S) ___ 0, MAPS 0,
ASSESSMENT ANO COMMUNITY FACILITIES OIST'RICT ANO INST'RUMENT NO. _____ IN THE OFFICE OF THE COUNTY RECOADER IN THE COUNTY OF MADERA. ST.ATE OF
CALIFORNIA.

COUNTY REOOADER

COUNTY OF MAOERA

STATE OF CALIFORNIA
REFERENCE IS MACE TO THAT 80UNOAR'V OF COMMUHtTY
FACILITIE S DISTRICT HO. 2005-01 OF THE CITY OF MAOEAA
RECORDED WITH THE M AOEAACOUNTY RECOROER"S OFFICE ON OCTOBER 7, 2000. IN 800tC 4 OF MAPS OF ASSESst.EHT ANO CO..UHITY FACILITIES OlSTAICT OH PAGES 42
THROUGH 4a.

THE LINES ANO OIMEHSIONS OF EACH t.OT OR PJI\RCEL
SHOWN ON THIS DIAGRAM SHAU. BE THOSE LINE& ANO

OIMENSIONS AS SHOWN ON THE MADERA COUNTY
ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE MADERA COUNTY ASSESSOR'S MAP SHALL GOVERN FOR
AU. DETAIL CONCERNING THE t.lN:ES ANO OIMENSIONS OF
SUCH LOTS OR PARCELS.

W w1LLDAN
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY (PECAN SQUARE, TRACT 20-S02 SUBDIVISION) TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 11) WHEREAS, the City Council of the City of Madera has conducted proceedings to establish Community Facilities District No. 2005-01 (Public Services) (the “CFD”) pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, the City Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex the territory known as Pecan Square, Tract 20-S-02 Subdivision (“Annexation No. 11”) to the CFD. Annexation No. 11 will consist of 112 single family residential units located on west of Highway 145 (Madera Avenue) and south of West Pecan Avenue.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA, HEREBY RESOLVES:

SECTION 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

SECTION 2. The name of the existing CFD is “Community Facilities District No. 2005-01 (Public Services)”.

SECTION 3. The territory included in the existing CFD is as shown on the maps thereof filed in the office of the County Recorder, County of Madera State of California, to which maps reference is hereby made which have been filed with the Madera County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Boundary Map of Annexation No. 11 to the CFD, on file with the City Clerk, a copy of which is attached hereto as Exhibit “A” and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Boundary Map of Annexation No. 11 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Madera within fifteen days of the date of adoption of this resolution.

SECTION 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (the “Services”) described in Exhibit A to Resolution No. 05-334 adopted by the Council on the 16st day of November 2005 (the “Resolution of Formation”). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD.

SECTION 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, which is hereby incorporated by this reference.

SECTION 6. The City Staff presented Annexation No. 11 to City Council at a Council Meeting on August 17, 2022, in order to begin annexation proceedings.

SECTION 7. Notice is given that on October 5, 2022, at 6:00 p.m., in the regular meeting place of this Council, being the City Council Chambers, located at 205 W. 4th St, Madera, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

SECTION 8. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.

Exhibit A

VICINTY MAP
...
• ..
m#Wi
ANNEXATION MAP NO. 11
COMMUNITY FACILITIES DISTRICT NO. 2005-01

CITY OF MADERA

COUNTY OF MADERA

STATE OF CALIFORNIA
LDC...U LU
0 _ aAIN'ltAARV AVE_ ..L--1- ----'---- -t
Legend
,: ······ _____ __:ay~s ·
c::J .r.nnex1111onParc:ets
<1) MIIOR~ Numcer
rn
1 in =260 6eel
MAP REfEf.ENCE
NUMBtR ASSESSOft'S PAl'\CEl NUMBER.
1 012-480-011
SHEET 1 OF 1
FILED IH THE OFFICE OF THE Cl'TY CLERK Tl-e __ _ o,.yo, ___ ,._

I HEREBY CERT'FY THAT THE WITHIN MAP SHOWIHG
PROPOSED 80UNOARES OF ANNl:XATION MAP NO. 11 OF
COMMUNITY FACILITIES OISTRICT NO. 20l»-01. CITY OF
MAOERA, COUNTY OF MAOERA.. ST.ATE OF CALIFORNIA. WAS
APPROVEO av THE CITY COUNCIL OF THE aTYOF MAOERAAT
A REGULAR MEETING. THEREOF, HELO OH THE ___ _ 0/<Y 0, ____ 20__, BV ITS RESOLUTION NO.

CITY CLERK

CITY OF MADERA
FILED 20- AT THIS THE =-~-- HOLR OF ____ DAY O'ct.OCK OF -=---- ___ ..._ .. 800I( ___ PAGE(S) ___ 0, MAPS 0,
ASSESSMENT ANO COMMUNITY FACILITIES OIST'RICT ANO INST'RUMENT NO. _____ IN THE OFFICE OF THE COUNTY RECOADER IN THE COUNTY OF MADERA. ST.ATE OF
CALIFORNIA.

COUNTY REOOADER

COUNTY OF MAOERA

STATE OF CALIFORNIA
REFERENCE IS MACE TO THAT 80UNOAR'V OF COMMUHtTY
FACILITIE S DISTRICT HO. 2005-01 OF THE CITY OF MAOEAA
RECORDED WITH THE M AOEAACOUNTY RECOROER"S OFFICE ON OCTOBER 7, 2000. IN 800tC 4 OF MAPS OF ASSESst.EHT ANO CO..UHITY FACILITIES OlSTAICT OH PAGES 42
THROUGH 4a.

THE LINES ANO OIMEHSIONS OF EACH t.OT OR PJI\RCEL
SHOWN ON THIS DIAGRAM SHAU. BE THOSE LINE& ANO

OIMENSIONS AS SHOWN ON THE MADERA COUNTY
ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE MADERA COUNTY ASSESSOR'S MAP SHALL GOVERN FOR
AU. DETAIL CONCERNING THE t.lN:ES ANO OIMENSIONS OF
SUCH LOTS OR PARCELS.

W w1LLDAN
Exhibit B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-01 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below.

All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services.
“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%).

The annual CPI used shall be for the area of San Francisco-Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-01 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.
“Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
“Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of California.
“Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax.

Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property.

Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

1. DEVELOPED PROPERTY
TABLE 1

MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special
Tax Per Unit1
1 Developed Single-Family Residence $311 per unit
2 Developed Multi-Family Residence $285 per unit
1 Maximum Special Tax includes Administrative Expenses

2. ENTITLED PROPERTY
TABLE 2

MAXIMUM SPECIAL TAX FOR ENTITLED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special Tax
Per Unit1
3 Entitled Property $166 per lot
1 Maximum Special Tax includes Administrative Expenses
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. UNDEVELOPED PROPERTY
No Special Tax shall be levied on Undeveloped Property.

4. TAX-EXEMPT PROPERTY
No Special Tax shall be levied on Tax-Exempt Property.

5. MULTIPLE LAND USE CLASSES
In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

METHOD OF APPORTIONMENT OF SPECIAL TAXES
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped Property, Property Owner Association Property or Public Property.

MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

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

OVERALL BOUNDARY
STATION: CAPO

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

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

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

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

PECAN SQUARE
---L

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

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

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

O.R.M.C.

PUE
FOUND AND ACCEPTED SECTION CORNER AS NOTED .

FOUND AND ACCEPTED SECTION QUARTER CORNER AS NOTED.

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

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

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

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

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

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

MEASURED AND RECORD DATA PER REFERENCE XX

MADERA COUNTY RECORDS

OFFICIAL RECORD MADERA COUNTY

PUBLIC UTILITY EASEMENT NOW OFFERED PER NOTE BELOW

SUBDIVISION BOUNDARY

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

EXISTING RIGHT OF WAY

PROPOSED RIGHT OF WAY

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

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

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

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

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

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

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

PUE PUBLIC UTILITY EASEMENT NOW OFFERED FOR DEDICATION

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

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

Attachment 3
V1CINTYMAP
Legend
c::J A1¥1e!t1llonPa roefl
<I) MlpRt!!llln!nOl!NIUIY.il!I
rn
ANNEXATION MAP NO. 11
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Cln' OF MADERA

COUNTY OF MADERA

STATE OF CALIFORNIA
L__[J C..U LU
0 MN> RffERENCf

NUMBER ASSESSOR'S PARCH NUMBER
012480.01 1
SHEET 1 OF 1
Fl.ED IN TH£ OFFICE OF THE CITY CL£RK THIS __ _ O,.VOF ___ ,,_ I HEREBY CERTIFY ni-'T THE W lnilN MAP SHOWING
PROPOSED BOUMOAlllES OF AAIKO'.A.TION MAP NO. 11 0F
COMMUNITY FACIUTES DISTRICT NO. 2005-01. CITY OF
MADERA, COUNTY Of MADER.f,, BT-'TE 0F CM.JFORHIA, WAS
N'PAO\IEDBYTHE ClrY (X)UNCI.. 0F THE aTY0F MADERA-'T
-' REGULAR MEETING, THEAE0F, H::LD ON THE __ _ O,.y OF ___ 20~ BY f"rS RESOUJTION NO.

FILED THIS ____ 0,.V C. ____ _
2D~ -'TTHE Hout 0, ___ O"Ct..oCK __ ,M. .. "°"" ___ """'" ___ OF ..-., OF ASSESSMENT ANO co-.,NTY FACIUTlES DIST1UCT -'t<I
NSTliU.AIENT NO. ____ IN niE OFFICE O F THE
COUNTY RECORDER N THE COUNTY 0F MADERA, ST-'TE 0F
CAUFORNIA.

COUNTYREOOROER

COUNTYCIF MADERA
STATE OF CAUFORNI.I.

REFERENCE IS MAClE 10 Tl-lAT BOUNllAR'I'" OF COMt.a.JNrtY FACIUTIES OISTRK:T NO. 2DO~ OF THE CITY OF MADERA
RECORDED WITH TI-IE MAOERACOI.NTY RE.CORDER"S OFFICE
ON OCTOBER 1. 20Qc, IN 8001( C OF MAPS OF ASSESSMENT
AND COfAUJNrrY f.-.CIUTIES DISTRICT ON Pit.GES C2
TH£ LINES ANO Olt.ENSIONS 0F EACH LOT OR ~RCEL
SHOWN ON TI-IIS 01"-GRAM SHAU. BE THOSE LINES AND
DIMENSION9 "9 S.fOWN ON THE MADERA. CX,UNTY
ASSESBm"S MAPS FOR THOSE PARCELS US TED.

THE MADERACCIU>ITY .-.SSEliSCJR"S MAP 6+-IALL GOVERN FOR ALL OET-'lL CONCERNING TI-IE LINES AND DIMENSIONS OF
SUCH LOTS OR PARCELS.

W w 1LLDAN
Attachment 4-CFD 2005-01 Map

CITY OF MADERA

COMMUNITY FACILITIES DISTRICT
NO. 2005-01
Legend
O citylim.its
Parcels
Annexations
J
Attachment 5

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-01 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below.

All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services.
“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%).

The annual CPI used shall be for the area of San Francisco-Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-01 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.
“Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
“Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of California.
“Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax.

Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property.

Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

1. DEVELOPED PROPERTY
TABLE 1

MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special
Tax Per Unit1
1 Developed Single-Family Residence $311 per unit
2 Developed Multi-Family Residence $285 per unit
1 Maximum Special Tax includes Administrative Expenses

2. ENTITLED PROPERTY
TABLE 2

MAXIMUM SPECIAL TAX FOR ENTITLED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special Tax
Per Unit1
3 Entitled Property $166 per lot
1 Maximum Special Tax includes Administrative Expenses
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. UNDEVELOPED PROPERTY
No Special Tax shall be levied on Undeveloped Property.

4. TAX-EXEMPT PROPERTY
No Special Tax shall be levied on Tax-Exempt Property.

5. MULTIPLE LAND USE CLASSES
In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

METHOD OF APPORTIONMENT OF SPECIAL TAXES
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped Property, Property Owner Association Property or Public Property.

MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Initiation of proceedings for the annexation of Tract 21-S-01/TSM2020-02 Crown Tozer Subdivision into Community Facilities District 2005-01
RECOMMENDATION:

That Council adopt Resolutions:

1. Adopting a Boundary Map Showing the Territory Proposed for Annexation to Community Facilities District No. 2005–01 and

2. Declaring Its Intention To Annex Territory (Tract 21-S-01/TSM2020-01 Subdivision) to the Community Facilities District No. 2005-01 (Public Services), to Authorize the Levy Of Special Taxes Therein, and Setting Public Hearing (Annexation No. 12) SUMMARY:

The attached resolutions will begin the proceedings for the annexation of the development project known as Crown Tozer, Tract 21-S-01/TSM 2020-01 (the “Project”) into Community Facilities District (CFD) 2005-01. The conditions of approval for the Project require it to annex into CFD 2005-01, which was established as an annexable district to provide funding to offset the increased cost for public safety, open space, and parks maintenance created by new development.

DISCUSSION:

By Resolution No. 05-334, the City Council established CFD 2005-01, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are used for the funding of police and fire protection services, storm drain infrastructure maintenance and operations, and park maintenance. Property owner assessments are paid as a component of the Council Meeting of: August 17, 2022
Agenda Number: ________ D-5
property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD 2005-01. Projects may be annexed one at a time, or in a group if they are ready at the same time.

Tract 21-S-01/TSM2020-01 makes up Annexation No. 12. Tract 21-S-01/TSM2020-01 is owned by Joseph Crown Construction and Development, Inc. The Project includes the development of approximately 63 single family residential units. The boundaries of the Project consist of the area within the original assessor’s parcel number (APN) 008-180-007 and revised APN 008-180-009 as depicted on Attachment 1. The APN is updated to allow the county to amend parcel numbers in instances where reconfiguration to the map book is required, voiding old parcel numbers and allowing space for new map pages.

Table 1: Project Overview
Project Name Owner Units Location
Tract 21-S-01/
TSM2020-01 Joseph Crown Construction and Development, Inc. 63 Fig Street The attached resolutions represent the first steps that must be taken in the annexation process.

A resolution adopting a boundary map depicting the territory that is proposed for annexation. A second resolution declaring the City’s intention to annex the proposed territory into CFD 2005-

01. The resolution also establishes October 5, 2022, as the public hearing date for the final consideration of the annexation of the property into CFD 2005-01. See Attachment 1 to view a map of the subdivision. As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-01 prior to recordation of the final subdivision map. This will comprise the tenth annexation. See Attachment 2 for a history of annexations into CFD 2005-01.

FINANCIAL IMPACT:

The 2022/23 Fiscal Year CFD 2005-01 assessment for single-family residential development is approximately $524.41 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 63 units in Annexation No. 12 will be $33,037.83. CFD 2005-01 includes an annual CPI adjustment, therefore, this amount will grow over time. The process for annexation is funded by the developer and no General Fund monies are used for this effort.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is not specifically addressed as part of the plan, is not in conflict with the plan, but rather is sympathetic of the underlying principles of the Vision 2025 Plan.

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792, which established the district and its special tax structure, on December 7, 2005. The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD 2005-01. Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution - Adopt Boundary Map
Exhibit A - Annexation Map No. 12
Resolution - Intent to Annex No. 12
Exhibit A - Annexation Map No. 12
Exhibit B - Rate and Method of Apportionment

2. Pecan Square, Tract 20-S-02/TSM 2019-03 Subdivision Map

3. CFD 2005-01 Annexation No. 12 Map

4. CFD 2005-01 Boundary Map

5. Rate and Method of Apportionment
RESOLUTION NO. _____

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

ADOPTING A BOUNDARY MAP SHOWING TERRITORY PROPOSED FOR
ANNEXATION TO CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005- 01 (ANNEXATION #12)
WHEREAS, the City Council of the City of Madera, California, (“City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2005-01 (hereafter referred to as “CFD No. 2005-01”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, the City Council desires to initiate proceedings to annex the territory known as Tract 21-S-01/ TSM2020-01 Subdivision (“Annexation No. 12”) to CFD No. 2005-01 Annexation No. 12 will consist of 63 single family units located south of Clinton Street and east Tozer Street; and
WHEREAS, there has been submitted a map attached as Exhibit A showing the territory proposed to be annexed to CFD No. 2005-01, said area to be designated as Community Facilities District No. 2005-01, Annexation No. 12.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 12 and to be subject to the levy of a special tax by CFD No. 2005-01 upon the annexation of such territory to CFD No. 2005-01 is hereby approved and adopted. Such map is designated by the name of “Annexation No. 12 to City of Madera Community Facilities District No. 2005-01.” SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 12, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place of the Public Hearing on the intention to annex Annexation No. 12 to CFD No. 2005-01, a copy of said map shall be filed with the correct and proper endorsements thereon with County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

Exhibit A

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ANNEXATION MAP NO. 12
COMMUNITY FACILITIES DISTRICT NO. 2005-01

CITY OF MACERA

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY (TRACT 21-S-01/TSM2020-01 SUBDIVISION) TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-01 (PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 12) WHEREAS, the City Council of the City of Madera has conducted proceedings to establish Community Facilities District No. 2005-01 (Public Services) (the “CFD”) pursuant to the MelloRoos Community Facilities Act of 1982, as amended (the “Act”), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, the City Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex the territory known as Crown Tozer, Tract 21-S-01/ TSM2020-01 Subdivision (“Annexation No. 12”) to the CFD. Annexation No. 12 will consist of 63 single family residential units located on south of Clinton Street and east of Tozer Street.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA, HEREBY RESOLVES:

SECTION 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

SECTION 2. The name of the existing CFD is “Community Facilities District No. 2005-01 (Public Services)”.

SECTION 3. The territory included in the existing CFD is as shown on the maps thereof filed in the office of the County Recorder, County of Madera State of California, to which maps reference is hereby made which have been filed with the Madera County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Boundary Map of Annexation No. 12 to the CFD, on file with the City Clerk, a copy of which is attached hereto as Exhibit “A” and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Boundary Map of Annexation No. 12 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Madera within fifteen days of the date of adoption of this resolution.

SECTION 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (the “Services”) described in Exhibit A to Resolution No. 05-334 adopted by the Council on the 16st day of November 2005 (the “Resolution of Formation”). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD.

SECTION 5. Except to the extent that funds are otherwise available to the CFD to pay for the Services and/or the principal and interest as it becomes due on bonds of the CFD issued to finance the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the CFD, as now in existence and following the annexation proposed herein, and in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, is described in Exhibit B, which is hereby incorporated by this reference.

SECTION 6. The City Staff presented Annexation No. 12 to City Council at a Council Meeting on August 17, 2022, in order to begin annexation proceedings.

SECTION 7. Notice is given that on October 5, 2022, at 6:00 p.m., in the regular meeting place of this Council, being the City Council Chambers, located at 205 W. 4th St, Madera, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

SECTION 8. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.

Exhibit A

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ANNEXATION MAP NO. 12
COMMUNITY FACILITIES DISTRICT NO. 2005-01

CITY OF MACERA

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Exhibit B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-01 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below.

All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services.
“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%).

The annual CPI used shall be for the area of San Francisco-Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-01 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.
“Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
“Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of California.
“Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax.

Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property.

Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

1. DEVELOPED PROPERTY
TABLE 1

MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special
Tax Per Unit1
1 Developed Single-Family Residence $311 per unit
2 Developed Multi-Family Residence $285 per unit
1 Maximum Special Tax includes Administrative Expenses

2. ENTITLED PROPERTY
TABLE 2

MAXIMUM SPECIAL TAX FOR ENTITLED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special Tax
Per Unit1
3 Entitled Property $166 per lot
1 Maximum Special Tax includes Administrative Expenses
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. UNDEVELOPED PROPERTY
No Special Tax shall be levied on Undeveloped Property.

4. TAX-EXEMPT PROPERTY
No Special Tax shall be levied on Tax-Exempt Property.

5. MULTIPLE LAND USE CLASSES
In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

METHOD OF APPORTIONMENT OF SPECIAL TAXES
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped Property, Property Owner Association Property or Public Property.

MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.
_v
Attachment 2
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VACANT (APN: 006-180-006)
EXISTING 20' STORM DRAIN

AND ACCESS ROAD EASEMENT

TEMPORARY CONSTRUCTION

PURPOSES EASEMENT

FIG STREET ----- - -
80'±~-~
~ 5, 4 +I
CO S.F.± "o
100'± ....
- -
+180-:±16 ~ r 178cl± +180'±-32
5,973 • 5,974 I '+1 5,976 • 5,977
S.F.± S.F.± ;..,..• I• S.F.± U) S.F.± co
100'± 100'± '.'I" ~ 100'± 100'±
+I I I
5,000 _+I,
"o S.F.± 0
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100'± I{)
61 10 +I 5,000 PU "o S.F.±
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100'±
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"o • I S.F.± 0
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5,600 iD 5,600 iD iD 5,600 ·co
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100'± 100' 100'±
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100'± I{) 100'± 100'± I{) 100'± I{)
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4 I 13 +1PUE 20 I 29 +1 PUE +I +I
"c,i 6,200 N 6,200 N 6,200 N 6,200
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+I 58
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100'± 100'± I I 100'± 100'±
I
21 28 +I 5 +I 12 +I +I
"o 5,000 "o 5,000 "o 5,000 "o 5,000
I I{) S.F.± I{) S.F.+ I{) S.F.+ I{) S.F.±
100'± I 100'± 100'± I 100'± I
i -,- -,- 6 11
+I 22 27 5,000 +I 5,000 +I
"o S.F.± "o S.F.± 6,200 N 6,200
I{) 100'± I{) 100'± S.F.± co S.F.±
100'± 100'±
7 10 +I 6,200 +I 6,200 23 +I 26 +I
IN S.F.± "c,i S.F.± 5,000 "o 5,000 "o•
''9 •co S.F.± 11() S.F.± \l'JI I I
,
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37 _______
5,000·.

S.F.± "'"'
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WOOLLEY ADDN.

MADERA HOME TRACT /
FIG AVE ADDN.

MARTIN LUTHER KING

MIDDLE SCHOOL
UNRISE AVE.

VIRGINIA LEE

ROSE SCHOOL
25' I: 7• 18'

1.5' 7 1 · 5' =1 ~-5'
AVENUE 15
100'± 8 . 9
+I 55
"o 4,788
I{) S.F.±
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+I S.F.± -50:-±-
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52 +I 51 +I 50 +I 49
+I a,4,974 "o 4,977 "o 4,981
"o 4,802 a, S.F.± 0 S.F.± 0 S.F.± Cl S.F.± ~
145'± 50'± 50'± 50'± 50'±

PROJECT
'
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"o 4,984
0 S.F.±
50'±
24 25 +I . w +I "o I..,- 5,914 0 => ~ ~ 5,914 -?~ .... I I SF± ~[I_ S.F.± 50'± 50'±
+I 47 +I 46 +I 45 +I 44 +I 43 +I 42
"o 4,987 "o 4,991 "o4,994 "o 4,997 "o 5,000 "o 5,004
0 S.F.± 0 S.F.± 0S.F.± 0 S.F.± 0 S.F.± 0S.F.±
50'± 50'± 50'± 50'± 50'± 50'±

MADERA UNIFIED SCHOOL DISTRICT
(APN: 008-074-001)
SITE -=L....,EG....,E...,N ..... D ________ _ NOTES
CXl
N
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0:
- • • - EXISTING PROPER1Y LINE
- - - EXISTING STORM DRAIN EASEMENT

EXISTING TEMPORARY EASEMENT
-----0--------- EXISTING CHAIN LINK FENCE
------ EXISTING CONTOUR

EXISTING CURB AND GUTTER
---so--- EXISTING STORM DRAIN PIPE LINE
---ss--- EXISTING SEWER MAIN

1. CURRENT ZONING - PD-4500

2. EXISTING USE - VACANT

3. PROPOSED USE - SINGLE FAMILY SUBDIVISION

4. THE SUBDIVISION DESIGN PROVIDES CONSISTENCY
WITH Cl1Y OF MADERA SPECIFIC PLAN.

5. SITE IS LOCATED WITHIN FLOOD ZONE X PER
FEMA FIRM PANEL NO. 06039C1160E DATED
SEPTEMBER 26, 2008.
40 ~ 0
r~
-55'±
+I 41 +1L-
"o5,508° v ~
0S.F.±
55'±
IVEYWOOD TRACT ---w--- EXISTING WATER MAIN

VICINITY MAP

NOT TO SCALE
q;_
-.:
25'
18'
- • • - PROPOSED PROPER1Y LINE
-- -- -- PROPOSED PUBLIC UTLl1Y EASEMENT
-- - --PROPOSED CENTER LINE

PROPOSED SEWER MAIN

PROPOSED WATER MAIN

PROPOSED CURB AND GUTTER
PUE PUBLIC UTILl1Y EASEMENT

PROPOSED SUBDIVISION
It It
o.:j~5r. I. ~1.5•
10' 30'

4.5' 5'
.5'
SCALE:
0 --25 - - 50 100 150 - 200

SCALE IN FEET
VACANT
It
20' ~~-----~---~~--30'-----------" 20' 10'
5' 4.5'
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01 '11-LJinlJ!11~n-Wb..,..--------------------,.~-~
50' LOCAL STREET SECTION

SIDEWALK AND

CURB & GUTTER
11_u11~11~· . ,
60' STREET SECTION
~~\i<C~DEWALK BY MURE DEVELOPMENT

CURB & GUTTER
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GUNNISON DRIVE ~
ISITE ADDRESS
NORTHWEST CORNER OF TOZER ST (ROAD 28)
AND SUNRISE AVE (AVE 14 1 /2)

IMPROVEMENTS TO BE INSTALLED
1 . STREETS - Cl1Y OF MADERA

2. WATER - Cl1Y OF MADERA

3. SEWER - Cl1Y OF MADERA

4. CURB & GUTTER - CITY OF MADERA STANDARDS

5. SIDEWALK - Cl1Y OF MADERA

6. DRAINAGE - Cl1Y OF MADERA

7. STREET LIGHTS Cl1Y OF MADERA STANDARDS

8. GAS & ELECTRICITY - PACIFIC GAS & ELECTRIC

9. TELEPHONE - AT&T

10. CABLEVISION - COMCAST

TENTATIVE SUBDIVISION MAP
NO. 2020-01

CROWN TOZER SUBDIVISION

A SINGLE-FAMILY RESIDENTIAL SUBDIVISION
IN THE CllY OF MADERA,
MADERA COUNlY, CALIFORNIA
APN: A PORTION OF 008-180-007
GROSS AREA: 11 .37 ACRES
NET AREA: 10.85 ACRES

LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE Cl1Y OF MADERA, COUN1Y OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLILOWS:

PARCEL 2:

PARCEL B OF LOT LINE ADJUSTMENT NO. 2020-02 PERFECTED BY GRANT DEED RECORDED JUNE 12, 2020 AS DOCUMENT NO. 2020013216, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

PARCEL 4 OF PARCEL MAP 1073, ACCORDING TO THE MAP THEREOF RECORDED AUGUST 5, 1977 IN BOOK 23 OF MAPS AT PAGES 92 AND 93, MADERA COUN1Y RECORDS.

EXCEPTING THEREFROM ALL THAT PORTION CONVEYED TO THE COUN1Y OF MADERA IN DEED BOOK 1316 PAGE 636, MADERA COUN1Y RECORDS
TOGETHER WITH A PORTION OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF PARCEL 4 OF PARCEL MAP 1073 RECORDED AUGUST 5, 1977 IN BOOK 23 OF MAPS AT PAGES 92 AND 93, MADERA COUN1Y RECORDS; THENCE 38' 05' 30" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 4, A DISTANCE OF 437.65 FEET TO THE MOST EASTERLY CORNER OF THAT PORTION CONVEYED TO THE MADERA UNIFIED SCHOOL DISTRICT, RECORDED JANUARY 7, 1991 DOCUMENT NO. 491 TO THE TRUE POINT OF BEGINNING.

THENCE NORTH 51'49'57" WEST ALONG THE NORTHEASTERLY LINE OF THAT PORTION CONVEYED TO THE MADERA UNIFIED SCHOOL DISTRICT, RECORDED JANUARY 7, 1991 DOCUMENT NO. 491 SHOWN ON RECORD OF SURVEY IN BOOK 37 OF MAPS AT PAGE 125, MADERA COUN1Y RECORDS, A DISTANCE OF 1,265.48 FEET TO THE INTERSECTION WITH THE WESTERLY LINE OF SAID 63.84 ACRE PARCEL; THENCE NORTH 62" 43' 45" EAST ALONG THE WESTERLY LINE OF SAID 63.84 ACRE PARCEL, A DISTANCE OF 23.63 FEET; THENCE NORTH 57" 13' 49" EAST ALONG THE WESTERLY LINE OF SAID 63.84 PARCEL, A DISTANCE OF 403.36 FEET; THENCE NORTH 67" 19' 57" EAST ALONG THE WESTERLY LINE OF SAID 63.84 PARCEL, A DISTANCE OF 171.19 FEET; THENCE NORTH 56' 49' 44" EAST ALONG THE WESTERLY LINE OF SAID 63.84 PARCEL, A DISTANCE OF 113.12 FEET; THENCE SOUTH 51' 54' 54" EAST A DISTANCE OF 978.10 FEET; TO A POINT ON A TANGENT CURVE, CONCAVED TO THE NORTHEAST HAVING A RADIUS OF 170.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8" 34' 03", AND ARC LENGTH 25.42 FEET; TO A POINT ON A LINE NON-TANGENT TO SAID CURVE, A RADIAL LINE FROM SAID POINT BEARS NORTH 29° 31' 03" EAST; THENCE SOUTH 38'05'30" WEST, ALONG THE EASTERLY LINE OF SAID 63.84 ACRE PARCEL, A DISTANCE OF 662.73 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM ALL OIL, GAS, OTHER HYDROCARBON SUBSTANCES AND/MINERALS

OF ANY KIND OR CHARACTER, IN, ON, OR THEREUNDER, AS RESERVED IN DEED(S) OF RECORD.

APN: 008-180-007

PLANNING COMMISSION CERTIFICATE
I, ~,..,...--=-=,...,.==-==.,...,,===~ SECRETARY OF THE PLANNING COMMISSION OF THE CITY OF

MADERA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS TENTATIVE MAP WHICH IS IN AGREEMENT WITH THE ADOPTED GENERAL PLAN FOR THE Cl1Y OF MADERA.

BY:

SECRETARY, Cl1Y OF MADERA PLANNING COMMISSION DATE
cnx CLERK'S CERTIFICATE
I, --------~ DO HEREBY CERTIFY THAT THE COUNCIL OF THE Cl1Y OF MADERA, BY RESOLUTION NO. --------~ ADOPTED ON ____ _
BY:
2021, APPROVED THIS TENTATIVE MAP.

REVISION

01.06.21 OWNER

JOSEPH CROWN
5320 E. PINE AVE.

FRESNO, CA 93727
Cl1Y CLERK
SUBDIVIDER:

CROWN
HOMES
(Yl\ff Ho1,1E TUTl ll l~O.-JfJ I.Irr

JOSEPH CROWN CONSTRLCTION
AND DEVELOPMENT, INC.
5320 E. PINE AVE.

FRESNO, CA 93727
DATE
PREPARED BY:

LAND DESIGN - CONSULTING - "Building a World!"
4950 E. YALE AVE. FRESNO, CA 93727
TEL (559) 538-3402
o. .. _________________________________________________________________________________________________________________________________________ ..

Attachment 3
Legend
r::::_:c--
~
--­ <D ...., __
ANNEXATION MAP NO. 12
COMMUNITY FACILITIES DISTRICT NO. 2005-01

C ITY OF MACERA
COUNTY Of' MADERA
STATE Of' CM.IFOR~
ASSES.SO«'SPARQLNOMllf:R
000.100-009
SHEET10f' 1
ruo III nc Of'l'ICt or mt cnv Cl,.ffll( "115 __ _ -~--"- I t-lmt:lrf Cffl!YY THilU f>tt 'lrl1- WAP ShOIIY:t,IG:

PI0'0$1:0 -.Sor~ WAiP ICI ll OI'
c~ rN:llfflts DISTl'Kl ICI - CITY or
411tcaJtAllJilt~
~~~~~.5~~~~-:: f !CMOl'Ne\.OOll"1t __ _
- ~ ___ ,o_, ev ffS l'ltSOIJlflOlf ICI
COUlfTYOl'"'40eN.

COUlfTY ~
Sf.Utor~.,_

11.UfflellCt IS --fO f ""7 IIOUIC)...,,,., OI' COl,MJllltv ,-,.Cllmts OISfll.Cf ICI -· or nc CITY OI' - l!.«Oll~W!"1 TNe.W4DtllA~tvlltCOIIDtll,'SCIM'Ct °"OCtoeellf ,_ IN IIOOfl•Ol'lrMPSorAiliW..$.Wl:Nl """° c-...1TY rN:ll.lTlts 0ISTfflCT °" __,, 1 -~ f>tt la!U AIIO o.ltNSIOfff, or tACf1 lot OIi lll,IICU
S-Olf"11SOIM;l!AN Sl'W.lK OtOSel.fC.S""'10 o.l,ill:JISOIIS AS 5tlO'o'III OIi f>tt M40ffl4 COUlllY USISSOll'S M41'$ l"OI\ TNOSt-Ctl-S I-ISttO
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Attachment 4-CFD 2005-01 Map

CITY OF MADERA

COMMUNITY FACILITIES DISTRICT
NO. 2005-01
Legend
c::J co,tMnu
Anne.xacions
-· o , o ,
-· •
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-
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Attachment 5

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-01 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below.

All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services.
“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%).

The annual CPI used shall be for the area of San Francisco-Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-01 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.
“Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.
“Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below. “Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of California.
“Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax.

Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property.

Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

1. DEVELOPED PROPERTY
TABLE 1

MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special
Tax Per Unit1
1 Developed Single-Family Residence $311 per unit
2 Developed Multi-Family Residence $285 per unit
1 Maximum Special Tax includes Administrative Expenses

2. ENTITLED PROPERTY
TABLE 2

MAXIMUM SPECIAL TAX FOR ENTITLED PROPERTY
COMMUNITY FACILITIES DISTRICT NO. 2005-01
Land Use Class Description Maximum Special Tax
Per Unit1
3 Entitled Property $166 per lot
1 Maximum Special Tax includes Administrative Expenses
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 and Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. UNDEVELOPED PROPERTY
No Special Tax shall be levied on Undeveloped Property.

4. TAX-EXEMPT PROPERTY
No Special Tax shall be levied on Tax-Exempt Property.

5. MULTIPLE LAND USE CLASSES
In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

METHOD OF APPORTIONMENT OF SPECIAL TAXES
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single- Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property.

APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

EXEMPTIONS
No Special Tax shall be levied on Non-Residential Property, Undeveloped Property, Property Owner Association Property or Public Property.

MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

TERM OF SPECIAL TAX
After the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Kingsley Okereke, Interim Director of Financial Services _________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Corrections to Attachments to Resolution Nos. 22-101, 22-102 and 22-103 for Water, Sewer and Solid Waste Utility Rates
RECOMMENDATION:

Adopt Resolutions:

1. Correcting Attachment A to Resolution No. 22-101 relating to monthly rates to be charged for water services furnished by City for a five-year period.

2. Correcting Attachment A to Resolution 22-102 relating to monthly rates to be charged for sewer services furnished by City for a five-year period.

3. Correcting Attachment A to Resolution 22-103 relating to monthly rates to be charged for solid waste services furnished by City for a five-year period.

SUMMARY:

On July 20, 2022, the City Council adopted Resolution Nos. 22-101, 22-102 and 22-103 updating utility rates for water, sewer and solid waste services. Staff subsequently identified that certain rates were not included in the Resolutions adopted at the Council meeting. These include rates for water, sewer, and solid waste utilities.

DISCUSSION:

While implementing the newly adopted rates for water, sewer and solid waste utilities, staff identified non-metered water accounts for which rates were not included in the rate study nor in water rate Resolution No. 22-101 and sewer rate Resolution 22-102 adopted on July 20, 2022. However, the resolutions adopting new rates included language that prior resolutions regarding such rates were repealed. The rates for non-metered accounts was not intended to change from current rates. While the City is in the process of installing meters for all customers, there is a small contingency of customers where meters have not yet been installed and as such are being charged a flat rate. The proposed resolutions will add those current water and sewer flat rate meter charges for those customers where meters have not yet been installed.

Council Meeting of: August 17, 2022
Agenda Number: D-6
Additionally, there were solid waste rates that were included in the rate study but inadvertently excluded from solid waste Resolution No. 22-103 adopted on July 20, 2022.

Rates excluded per the above discussion are reflected below.

Non-Metered Water Rates:

FY 2019/20 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Car Dealer $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Car Service $ 8.39 $ 8.39 $ 8.39 $ 8.39 $ 8.39 $ 8.39
Dept/Ret $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Games $ 29.18 $ 29.18 $ 29.18 $ 29.18 $ 29.18 $ 29.18
Granny $ 67.12 $ 67.12 $ 67.12 $ 67.12 $ 67.12 $ 67.12
Groc/Mor $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Hosp Rm $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 Hosp/Con $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 Hotel/W $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Hotel/WO $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 Lib/Chur $ 0.46 $ 0.46 $ 0.46 $ 0.46 $ 0.46 $ 0.46
Lt Mfg $ 6.73 $ 6.73 $ 6.73 $ 6.73 $ 6.73 $ 6.73
MFR/Mult $ 28.33 $ 28.33 $ 28.33 $ 28.33 $ 28.33 $ 28.33 MFR/Sing $ 29.85 $ 29.85 $ 29.85 $ 29.85 $ 29.85 $ 29.85 Open Air $ 0.28 $ 0.28 $ 0.28 $ 0.28 $ 0.28 $ 0.28
Prof Bld $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Res in $ 2.60 $ 2.60 $ 2.60 $ 2.60 $ 2.60 $ 2.60
Rest out $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Schools $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00
SFR $ 46.76 $ 46.76 $ 46.76 $ 46.76 $ 46.76 $ 46.76
Strip Mall $ 20.82 $ 20.82 $ 20.82 $ 20.82 $ 20.82 $ 20.82 Wherehouse $ 1.77 $ 1.77 $ 1.77 $ 1.77 $ 1.77 $ 1.77
Customer Classes/Service
Type Current Rates
Non-Metered Water Rates
Non-Metered Sewer Rates:

FY 2019/20 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Car Dealer $ 19.01 $ 19.01 $ 19.01 $ 19.01 $ 19.01 $ 19.01 Car Service $ 16.45 $ 16.45 $ 16.45 $ 16.45 $ 16.45 $ 16.45 Games $ 57.63 $ 57.63 $ 57.63 $ 57.63 $ 57.63 $ 57.63
Groc/Mor $ 33.80 $ 33.80 $ 33.80 $ 33.80 $ 33.80 $ 33.80 Hosp/Con $ 15.83 $ 15.83 $ 15.83 $ 15.83 $ 15.83 $ 15.83 Hotel/W $ 35.15 $ 35.15 $ 35.15 $ 35.15 $ 35.15 $ 35.15 Hotel/WO $ 20.59 $ 20.59 $ 20.59 $ 20.59 $ 20.59 $ 20.59 Lib/Chur $ 0.50 $ 0.50 $ 0.50 $ 0.50 $ 0.50 $ 0.50
Open Air $ 0.12 $ 0.12 $ 0.12 $ 0.12 $ 0.12 $ 0.12
Prof Bld $ 38.02 $ 38.02 $ 38.02 $ 38.02 $ 38.02 $ 38.02 Res in $ 7.02 $ 7.02 $ 7.02 $ 7.02 $ 7.02 $ 7.02
Rest out $ 70.22 $ 70.22 $ 70.22 $ 70.22 $ 70.22 $ 70.22 Schools $ 1.58 $ 1.58 $ 1.58 $ 1.58 $ 1.58 $ 1.58
Strip Mall $ 41.16 $ 41.16 $ 41.16 $ 41.16 $ 41.16 $ 41.16 Wherehouse $ 2.55 $ 2.55 $ 2.55 $ 2.55 $ 2.55 $ 2.55
Customer Classes/Service
Type Current Rates
Non-Metered Sewer Rates
Solid Waste Rates Omitted:

FINANCIAL IMPACT:

The proposed rates adjustments are necessary to maintain continuity in billing for non-metered customers and add those rates included in the study but excluded from Resolution No. 22-101, 22-102 and 22-103.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is consistent with Vision Plan Action Item 115.5.

Action Item #115.5: Insure the physical and financial sustainability of the City existing and expanding sewer and water infrastructure.

FY 2019/20 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Single Family Residential
Residential Carry-Out Service
Two Containers $ 55.32 $ 50.58 $ 55.41 $ 60.72 $ 63.05 $ 65.48 Each Additional Container $ 11.44 $ 20.01 $ 22.01 $ 24.21 $ 25.18 $ 26.19 Commercial Carry-Out Service
Two Containers $ 57.64 $ 75.29 $ 82.59 $ 90.61 $ 94.14 $ 97.82 Each Additional Container $ 17.70 $ 36.48 $ 40.13 $ 44.14 $ 45.91 $ 47.74 Multi-Family Residential
First Two Dwelling Units (each) $23.22 $38.23 $41.82 $45.77 $47.51 $49.31 Each Additional Dwelling Unit $22.59 $35.14 $38.42 $42.03 $43.62 $45.27 Locking Service Fee (Optional) $ 10.00 $ 12.10 $ 13.31 $ 14.64 $ 15.23 $ 15.84 Compactor - Bin Service
2 Cubic Yard
1x per week $ 104.22 $ 63.90 $ 70.29 $ 77.32 $ 80.41 $ 83.63 2x per week $ 204.80 $ 93.39 $ 102.73 $ 113.00 $ 117.52 $ 122.22 3x per week $ 302.50 $ 127.31 $ 140.04 $ 154.04 $ 160.20 $ 166.61 4x per week $ 406.20 $ 166.97 $ 183.67 $ 202.04 $ 210.12 $ 218.52 5x per week $ 506.94 $ 214.11 $ 235.53 $ 259.08 $ 269.44 $ 280.22 6x per week $ 618.80 $ 270.98 $ 298.07 $ 327.88 $ 341.00 $ 354.63 3 Cubic Yard
1x per week $ 131.68 $ 71.27 $ 78.40 $ 86.24 $ 89.69 $ 93.28 2x per week $ 260.68 $ 108.14 $ 118.95 $ 130.84 $ 136.08 $ 141.52 3x per week $ 388.88 $ 201.72 $ 221.89 $ 244.08 $ 253.85 $ 264.00 4x per week $ 517.44 $ 265.23 $ 291.75 $ 320.92 $ 333.76 $ 347.11 5x per week $ 646.28 $ 338.82 $ 372.70 $ 409.97 $ 426.37 $ 443.43 6x per week $ 774.78 $ 425.54 $ 468.09 $ 514.90 $ 535.50 $ 556.92 4 Cubic Yard
1x per week $ 159.46 $ 106.17 $ 116.79 $ 128.47 $ 133.60 $ 138.95 Customer Classes/Service Type Current Rates
A. Develop a comprehensive detailed inventory of the existing water and sewer collection systems that forecasts the probable life, and periodic major maintenance and/or replacement of all of the individual elements.

B. Provide a long-term financial plan that forecasts the required capital repairs to the existing system and corresponding revenues.

ATTACHMENTS

1. A Resolution of the City Council of the City of Madera, California correcting Attachment A to Resolution No. 22-101 relating to monthly rates to be charged for water services furnished by the City for a five-year period.

2. A Resolution of the City Council of the City of Madera, California, correcting Attachment A to Resolution No. 22-102 relating to monthly rates to be charged for sewer services furnished by the City for a five-year period.

3. A Resolution of the City Council of the City of Madera, California, correcting Attachment A to Resolution No. 22-103 relating to monthly rates to be charged for solid waste and street sweeping furnished by the City for a five-year period.

RESOLUTION NO: ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CORRECTING ATTACHMENT A TO RESOLUTION NO. 22-101 RELATING TO

MONTHLY RATES TO BE CHARGED FOR WATER SERVICES FURNISHED BY THE

CITY FOR A FIVE-YEAR PERIOD
WHEREAS, the City of Madera engaged in a Proposition 218 process relating to water rates; and WHEREAS, on July 20, 2022, the City Council conducted a public hearing relating to water rates in accordance with Proposition 218; and
WHEREAS, after the close of the public hearing, the Council adopted Resolution No. 22-101 establishing rates for water furnished by the City for the period between August 2022 and August 2027; and
WHEREAS, after review, it has been determined that charges to non-metered accounts were inadvertently omitted from Attachment A to Resolution No. 22-101; and WHEREAS, the Council desires to include the inadvertently omitted rates in Attachment A of Resolution No. 22-101.

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 finds the non-metered accounts for water services were inadvertently excluded from Attachment A of Resolution No. 22-101.

3. The Council finds that the monthly rates to be charged for the non-metered water services, enumerated in Attachment A to this Resolution, are adopted for the period August 1, 2022 to August 1, 2027, and are hereby added to Attachment A as reflected in Corrected Attachment A attached hereto and incorporated by reference.

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

CORRECTED ATTACHMENT A
FY 2019/20 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Car Dealer $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Car Service $ 8.39 $ 8.39 $ 8.39 $ 8.39 $ 8.39 $ 8.39
Dept/Ret $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Games $ 29.18 $ 29.18 $ 29.18 $ 29.18 $ 29.18 $ 29.18
Granny $ 67.12 $ 67.12 $ 67.12 $ 67.12 $ 67.12 $ 67.12
Groc/Mor $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Hosp Rm $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 Hosp/Con $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 Hotel/W $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 $ 12.57 Hotel/WO $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 $ 10.48 Lib/Chur $ 0.46 $ 0.46 $ 0.46 $ 0.46 $ 0.46 $ 0.46
Lt Mfg $ 6.73 $ 6.73 $ 6.73 $ 6.73 $ 6.73 $ 6.73
MFR/Mult $ 28.33 $ 28.33 $ 28.33 $ 28.33 $ 28.33 $ 28.33 MFR/Sing $ 29.85 $ 29.85 $ 29.85 $ 29.85 $ 29.85 $ 29.85 Open Air $ 0.28 $ 0.28 $ 0.28 $ 0.28 $ 0.28 $ 0.28
Prof Bld $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Res in $ 2.60 $ 2.60 $ 2.60 $ 2.60 $ 2.60 $ 2.60
Rest out $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Schools $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00 $ 2.00
SFR $ 46.76 $ 46.76 $ 46.76 $ 46.76 $ 46.76 $ 46.76
Strip Mall $ 20.82 $ 20.82 $ 20.82 $ 20.82 $ 20.82 $ 20.82 Wherehouse $ 1.77 $ 1.77 $ 1.77 $ 1.77 $ 1.77 $ 1.77
Customer Classes/Service
Type Current Rates
Non-Metered Water Rates
Water Rate Schedule I
Current
Rates
Fixed Meter Charges
Monthly Fixed Service Charges:
5/8 inch $16.88 $14.38 $14.52 $14.67 $14.67 $14.67
3/4 inch $19.09 $17.26 $17.43 $17.60 $17.60 $17.60
1 inch $23.51 $23.01 $23.24 $23.47 $23.47 $23.47

1.5 inch $34.56 $37.38 $37.75 $38.13 $38.13 $38.13
2inch $47.82 $54.63 $55.18 $55.73 $55.73 $55.73
3 inch $89.81 $100.64 $101.65 $102.67 $102.67 $102.67
4inch $151.69 $152.39 $153.91 $155.45 $155.45 $155.45
6inch $299.76 $296.15 $299.11 $302.10 $302.10 $302.10
8inch $542.86 $468.66 $473.35 $478.08 $478.08 $478.08
Commodity Charges
Rate 12er hcf of Water Consumed:

Non-Residential $2.41 $2.15 $2.17 $2.19 $2.19 $2.19
Residential Uniform Rates N/A $2.15 $2.17 $2.19 $2.19 $2.19 RESOLUTION NO: ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CORRECTING ATTACHMENT A TO RESOLUTION NO. 22-102 RELATING TO

MONTHLY RATES TO BE CHARGED FOR SEWER SERVICES FURNISHED BY THE

CITY FOR A FIVE-YEAR PERIOD
WHEREAS, the City of Madera engaged in a Proposition 218 process relating to sewer rates; and WHEREAS, on July 20, 2022, the City County conducted a public hearing relating to sewer rates in accordance with Proposition 218; and
WHEREAS, after the close of the public hearing, the Council adopted Resolution No. 22-102 establishing rates for sewer furnished by the City for the period between August 2022 and August 27; and
WHEREAS, after review, it has been determined that charges to non-metered accounts were inadvertently excluded from Resolution No. 22-102; and
WHEREAS, the Council desires to include the inadvertently omitted rates in Attachment A of Resolution No. 22-102.

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 finds the non-metered sewer accounts were inadvertently omitted from Attachment A of Resolution No. 22-102.

3. The Council finds that the monthly rates to be charged for the non-metered sewer services, enumerated in Attachment A to this Resolution, are adopted for the period August 1, 2022 to August 1, 2027, and are hereby added to Attachment A as reflected in Corrected Attachment A attached hereto and incorporated by reference.

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

CORRECTED ATTACHMENT A
Residential
Commercial
Sewer Rate Schedule

FIXED MONTHLY CHARGES
Single-Family
Multi-Family (per unit)
Sewer Rate Schedule

FIXED MONTHLY CHARGES
Commercial (All)
I
Current
Rates
I
I
$42.75
$27.77
Current
Rates
$19.02
I
$42.96 I
$35.47
$22.81
NON-RESIDENTIAL VOLUMETRIC CHARGES PER HCF1
Commercial
Car Dealer & Dept/Retail $2.30 $3.05
Game $3.46 $3.02
Grocery & Mortuary $5.04 $6.22
Hospital $2.28 $2.73
Hotel without dining $2.28 $2.71
Library & Church $2.25 $3.17
Professional Building $2.28 $3.05
Restaurant $5.22 $6.73
School $2.38 $2.74
Strip Mall $3.52 $3.05
Warehouse $3.51 $1.97
Industrial
Light Industrial $3.51 $1.97
Medium Industrial N/A $2.74
High Industrial N/A $3.81

1. HCF = hundred cubic feet, equal to 748 gallons of water. $45.11 I
$37.24
$23.95
$3.20
$3.17
$6.53
$2.87
$2.85
$3.33
$3.20
$7.07
$2.88
$3.20
$2.07
$2.07
$2.88
$4.00
$47.37
$39.10
$25.15
$3.36
$3.33
$6.86
$3.01
$2.99
$3.50
$3.36
$7.42
$3.02
$3.36
$2.17
$2.17
$3.02
$4.20
I $49.74 I
$41.06
$26.41
$3.53
$3.50
$7.20
$3.16
$3.14
$3.68
$3.53
$7.79
$3.17
$3.53
$2.28
$2.28
$3.17
$4.41
$52.23
$43.11
$27.73
$3.71
$3.68
$7.56
$3.32
$3.30
$3.86
$3.71
$8.18
$3.33
$3.71
$2.39
$2.39
$3.33
$4.63
FY 2019/20 FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 Car Dealer $ 19.01 $ 19.01 $ 19.01 $ 19.01 $ 19.01 $ 19.01 Car Service $ 16.45 $ 16.45 $ 16.45 $ 16.45 $ 16.45 $ 16.45 Games $ 57.63 $ 57.63 $ 57.63 $ 57.63 $ 57.63 $ 57.63
Groc/Mor $ 33.80 $ 33.80 $ 33.80 $ 33.80 $ 33.80 $ 33.80 Hosp/Con $ 15.83 $ 15.83 $ 15.83 $ 15.83 $ 15.83 $ 15.83 Hotel/W $ 35.15 $ 35.15 $ 35.15 $ 35.15 $ 35.15 $ 35.15 Hotel/WO $ 20.59 $ 20.59 $ 20.59 $ 20.59 $ 20.59 $ 20.59 Lib/Chur $ 0.50 $ 0.50 $ 0.50 $ 0.50 $ 0.50 $ 0.50
Open Air $ 0.12 $ 0.12 $ 0.12 $ 0.12 $ 0.12 $ 0.12
Prof Bld $ 38.02 $ 38.02 $ 38.02 $ 38.02 $ 38.02 $ 38.02 Res in $ 7.02 $ 7.02 $ 7.02 $ 7.02 $ 7.02 $ 7.02
Rest out $ 70.22 $ 70.22 $ 70.22 $ 70.22 $ 70.22 $ 70.22 Schools $ 1.58 $ 1.58 $ 1.58 $ 1.58 $ 1.58 $ 1.58
Strip Mall $ 41.16 $ 41.16 $ 41.16 $ 41.16 $ 41.16 $ 41.16 Wherehouse $ 2.55 $ 2.55 $ 2.55 $ 2.55 $ 2.55 $ 2.55
Customer Classes/Service
Type Current Rates
Non-Metered Sewer Rates
RESOLUTION NO: ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, CORRECTING ATTACHMENT A TO RESOLUTION NO.22-103 RELATING TO

MONTHLY RATES TO BE CHARGED FOR SOLID WASTE AND STREET SWEEPING

FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD
WHEREAS, the City of Madera engaged in a Proposition 218 process relating to solid waste and street sweeping rates; and
WHEREAS, on July 20, 2022 the City Council conducted a public hearing relating to solid waste and street sweeping rates in accordance with Proposition 218; and WHEREAS, after the close of the public hearing, the Council adopted Resolution No. 22-103 establishing rates for solid waste, including street sweeping furnished by the City for the period between August 2022 and August 2027; and
WHEREAS, after review, it has been determined that charges included in the rate study were inadvertently omitted from Attachment A of Resolution No. 22-103; and WHEREAS, the Council desires to include the rates excluded from Resolution as presented in Attachment A.

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 finds the solid waste are supported by an appropriate Solid Waste Rate Study which is incorporated herein by reference.

3. The Council finds that monthly rates to be charged for the solid waste services inadvertently omitted, enumerated in Attachment A to this Resolution, are adopted for the period August 1, 2022 to August 1, 2027, and are hereby added to Attachment A as reflected in Corrected Attachment A attached and incorporated by reference.

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

CORRECTED ATTACHMENT A
Proposed Solid Waste Rates
Customer Classes/Service Type Current Rates (In dude Street Sweeping, Adm in Fee& 581383 Surcharge) 1 FY 2019 20 FY 2026 27
Single Family Residential
Reside ntial Carry-Out Service
Two Containers $ 55.32 $ 42.21 $ 46.20 $ 50.58 $ 55.41 $ flJ. 72 $ 63.05 $ 65.48 Each Addit ional Container $ 11.44 $ 16.54 $ 18.19 $ 20.01 $ 22.01 $ 24.21 $ 25.18 $ 26.19 Commercial Carry-Out Service
Two Containers $ 57.64 $ 62.63 $ 68.66 $ 75.29 $ 82.59 $ 90.61 $ 94.14 $ 97.82 Each Ad dit ional Containe r $ 17.70 $ 30.15 $ 33.16 $ 36.48 $ 40.13 $ 44.14 $ 45.91 $ 47.74 Locki ng Service Fee {Optional) $ 10.00 $ 10.00 $ 11.00 $ 12.10 $ 13.31 $ 14.64 $ 15.23 $ 15.84 ComDador - Bin Service
2 Cubic Yard
1x per week $ 104.22 $ 52.81 $ 58.09 $ 63.90 $ 70.29 $ 77.32 $ 80.41 $ 83.63 2x per week $ 204.80 $ 77.18 $ 84.90 $ 93.39 $ 102.73 $ 113.00 $ 117.52 $ 122.22 3x per week $ 302.50 $ 105.21 $ 115.73 $ 127.31 $ 140.04 $ 154.04 $ 160.20 $ 166.61 4x per week $ 406.20 $ 137.99 $ 151.79 $ 166.97 $ 183.67 $ 202.04 $ 210.12 $ 218.52 5x per week $ 506.94 $ 176.95 $ 194.65 $ 214.11 $ 235.53 $ 259.08 $ 269.44 $ 280.22 6x per week $ 618.80 $ 223.95 $ 246.34 $ 270.98 $ 298.07 $ 327.88 $ 341.00 $ 354.63 3 Cubic Yard
1x per week $ 131.68 $ 58.90 $ 64.79 $ 71.27 $ 78.40 $ 86.24 $ 89.69 $ 93.28 2x per week $ 2flJ.68 $ 89.37 $ 98.31 $ 100.14 $ 118.95 $ 130.84 $ 136.08 $ 141.52 3x per week $ 388.88 $ 166. 71 $ 183.38 $ 201.72 $ 221.89 $ 244.08 $ 253.85 $ 264.00 4x per week $ 517.44 $ 219.19 $ 241.11 $ 265.23 $ 291.75 $ 320.92 $ 333.76 $ 347.11 5x per week $ 646.28 $ 280.02 $ 300.02 $ 338.82 $ 372.70 $ 409.97 $ 426.37 $ 443.43 6x pe r week $ 774.78 $ 351.68 $ 386.85 $ 425.54 $ 468.09 $ 514.90 $ 535.50 $ 556.92 4 Cubic Yard
1x per week $ 159.46 $ 87.74 $ 96.52 $ 106.17 $ 116.79 $ 128.47 $ 133.60 $ 138.95 Customer Classes/Service Type
Current
Rates FY 2022/23 FY 2023/24 FY 2024/25FY 2025/26FY 2026/27 Fixed Monthly Charges
Single Family Residential
Three Standard Containers 25.56 30.58 41.82 45.77 47.51 49.31 Add'l Grey 4.73 11.81 31.08 34.19 35.56 36.98
Add'l Green 2.17 9.80 11.00 12.11 12.59 13.09
Add'l Blue 2.17 8.32 11.00 12.11 12.59 13.09
Contamination Fee - 1st occurance New Fee 12.00 13.20 14.52 15.25 16.01 Contamination Fee - 2nd occurance New Fee 24.00 26.40 29.04 30.49 32.02 - -
Commercial - -
96 Gallon Grey - -
1x per week 29.46 25.61 55.41 60.72 63.05 65.48
2x per week 45.00 49.50 54.45 57.17 60.03
3x per week 85.00 93.50 102.85 107.99 113.39
2 Cubic Yard - -
1x per week 52.11 90.00 195.28 214.81 223.40 232.33
2x per week 102.40 168.75 266.29 292.92 304.63 316.82
3x per week 151.25 243.75 353.28 388.60 404.15 420.31
4x per week 203.10 300.00 461.03 507.14 527.42 548.52
5x per week 253.47 387.50 595.79 655.37 681.59 708.85
3 Cubic Yard - -
1x per week 65.84 127.50 204.15 224.57 233.55 242.89
2x per week 130.34 240.00 284.04 312.45 324.94 337.94
3x per week 194.44 337.50 379.90 417.90 434.61 452.00
4x per week 258.72 405.00 496.54 546.19 568.04 590.76
5x per week 323.14 468.75 640.18 704.19 732.36 761.65
4 Cubic Yard - -
1x per week 79.73 157.50 213.03 234.33 243.71 253.46
2x per week 157.87 273.75 301.79 331.97 345.25 359.06
3x per week 272.25 368.75 406.53 447.19 465.07 483.68
4x per week 333.10 481.25 532.04 585.25 608.66 633.00
5x per week 392.17 600.00 684.56 753.01 783.13 814.46
6 Cubic Yard - -
1x per week 107.22 195.00 230.78 253.86 264.02 274.58
2x per week 213.04 305.00 337.30 371.03 385.87 401.30
3x per week 318.78 417.50 459.79 505.77 526.00 547.04
4x per week 424.44 562.50 618.75 680.63 714.66 750.39
5x per week 529.93 700.00 773.32 850.65 884.68 920.06
Commercial Recyclables Rates - -
96 Gallon Blue - -
1x per week 11.25 12.38 13.61 14.29 15.01
2x per week 22.50 24.75 27.23 28.59 30.02
3x per week 33.75 37.13 40.84 42.88 45.02
2 Cubic Yard - -
1x per week 31.22 52.50 86.62 95.28 99.09 103.05
2x per week 55.98 87.50 173.24 190.56 198.18 206.11
3x per week 80.79 127.50 259.85 285.84 297.27 309.16
3 Cubic Yard - -
1x per week 41.89 67.50 102.09 112.30 116.80 121.47
2x per week 72.72 121.25 195.52 215.08 223.68 232.63
3x per week 109.38 190.00 288.96 317.85 330.56 343.79
4 Cubic Yard - - - -
+

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 17, 2022
_________________________________ Agenda Number: ___________ Kingsley Okereke, Interim Finance Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City Council review with the City external auditor, the annual audit results, and acceptance of the Fiscal Year (FY) 2020/21 Annual Comprehensive Financial Report (ACFR) RECOMMENDATION:

Review and accept the FY 2020/21 annual financial audit and recommendations and the prepared ACFR
SUMMARY:

State law requires local governments to prepare a complete set of audited financial statements.

This report is published to fulfill that requirement for the fiscal year ending June 30, 2021. This financial report was prepared by the Finance Department. The City’s external auditors, The Pun Group LLP (the auditors) in turn, completed the required annual audit of the City’s financial operation and reports culminating in the issuance of the FY 2020/21 ACFR.

The auditors issued an unmodified Opinion (clean opinion) with respect to all city governmental and business-type activities. However, they issued an adverse opinion with respect to the City of Madera Housing Authority, a component unit of the City of Madera reporting entity. As a component unit of the city, the Housing Authority financials are normally incorporated in the city’s comprehensive financial report.

DISCUSSION:

The City’s financial statements have been audited by The Pun Group LLP. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the fiscal year ended June 30, 2021, are free of material misstatement. The independent auditor concluded, based upon the audit, that there was reasonable basis for the rendering of an unmodified opinion that the City’s financial statements for the fiscal year ended June 30, 2021, E-1
are fairly presented in conformity with generally accepted accounting principles. The independent auditor’s report is presented as the first component of the financial section of ACFR.

While the city received a clean opinion with regards to the city’s governmental and business-type activities, the auditors issued an adverse opinion on the related Housing Authority component unit. The Housing Authority was not able to complete its FY 2020/21 year-end closing and annual audit timely. The Housing Authority in 2021 transitioned from a fiscal year end of June 30 to a fiscal year end of September 30 to be consistent with the federal government fiscal year end.

This was necessary for Housing Authority to stay aligned operationally with their federal funding source. This change in reporting period caused significant delays as the Housing Authority grappled with staffing shortage and system retooling necessary to effectuate the change.

The citC had to issue the FY 2020/21 financial report without the Housing Authority information to stay in compliance with its own legal and continuing disclosure obligations. Hence, the adverse opinion in the FY 2020/21 annual audit with respect to the excluded Housing Authority financial information.

FINANCIAL IMPACT:

It is important that the city conduct its annual audit and issue requisite financial reports to maintain legal compliance and satisfy continuing disclosure requirements with regards to the city’s outstanding bonds and other debts.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Adoption of the continuing resolution is consistent with Madera Vision 2025 goals of effective government, safe public, quality parks and services, and healthy community.

ALTERNATIVES:

Continue to delay issuance of the city’s annual financial reports and jeopardize the city’s financial credibility.

ATTACHMENTS:

1. FY2020/21 ACFR

DEPARTMENT OF FINANCE
MADERA CITY HALL • 205 W. 4TH STREET • MADERA, CA 93637 • MADERA.GOV

ANNUAL COMPREHENSIVE
FOR THE YEAR ENDED JUNE 30, 2021

FINANCIAL REPORT
City of Madera
Madera, California
Annual Comprehensive Financial Report
For the Year Ended June 30, 2021
Prepared by
Finance Department
City of Madera
Annual Comprehensive Financial Report
For the Year Ended June 30, 2021
Table of Contents
i
Page
INTRODUCTORY SECTION (Unaudited)
Table of Contents ........................................................................................................................................................ i Letter of Transmittal ................................................................................................................................................... v Principal Officials ................................................................................................................................................... viii Organization Chart ................................................................................................................................................. viii

FINANCIAL SECTION
Independent Auditors’ Report ................................................................................................................................ 1 Management’s Discussion and Analysis (Unaudited) ........................................................................................... 5 Basic Financial Statements:

Government-Wide Financial Statements:

Statement of Net Position ............................................................................................................................ 24 Statement of Activities and Changes in Net Position .................................................................................. 26 Fund Financial Statements:

Governmental Funds Financial Statements:

Balance Sheet ........................................................................................................................................ 32 Reconciliation of the Governmental Funds Balance Sheet
to the Government-Wide Statement of Net Position ...................................................................... 35 Statement of Revenues, Expenditures, and Changes in Fund Balances ............................................... 36 Reconciliation of the Governmental Funds Statement of Revenues, Expenditures, and Changes in Fund Balances to the Government-Wide Statement of Activities and Changes in Net Position ..................................................................... 38 Proprietary Funds Financial Statements:

Statement of Net Position ..................................................................................................................... 40 Statement of Revenues, Expenses and Changes in Net Position .......................................................... 42 Statement of Cash Flows ...................................................................................................................... 44 Fiduciary Funds Financial Statements:

Statement of Fiduciary Net Position ..................................................................................................... 49 Statement of Changes in Fiduciary Net Position .................................................................................. 50 Notes to the Basic Financial Statements ........................................................................................................ 57 City of Madera
Annual Comprehensive Financial Report
For the Year Ended June 30, 2021
Table of Contents (Continued)
ii
Page
FINANCIAL SECTION (Continued)
Required Supplementary Information (Unaudited):

Budgetary Information ..................................................................................................................................... 117 Budgetary Comparison Schedules:

General Fund ............................................................................................................................................. 118 General Development Impact Fee Special Revenue Fund ........................................................................ 119 Schedule of Changes in the Net Pension Liability and Related Ratios ............................................................ 120 Schedule of the City’s Proportionate Share of the Net Pension Liability and Related Ratios ......................... 121 Schedules of Contributions .............................................................................................................................. 122 Schedule of Changes in Total OPEB Liability and Related Ratios ................................................................. 124 Supplementary Information:

Non-Major Governmental Funds:

Combining Balance Sheet ......................................................................................................................... 128 Combining Statement of Revenues, Expenditures and Changes in Fund Balances ................................................................................................................................. 132 Schedule of Revenues, Expenditures and Changes in
Fund Balances – Budget and Actual Schedules:

Special Gas Tax Special Revenue Fund ............................................................................................. 136 Measure “T” Fund .............................................................................................................................. 137 Business Improvement District Special Revenue Fund ...................................................................... 138 Park Development Special Revenue Fund .......................................................................................... 139 Parking District Special Revenue Fund .............................................................................................. 140 Federal Aid Urban Special Revenue Fund .......................................................................................... 141 Street Construction Special Revenue Fund ......................................................................................... 142 Landscape Assessment Special Revenue Fund ................................................................................... 143 Supplemental Law Enforcement Special Revenue Fund .................................................................... 144 Intermodal Building Special Revenue Fund ....................................................................................... 145 Economic Development Special Revenue Fund ................................................................................. 146 Residential Rehab Special Revenue Fund .......................................................................................... 147 Low and Moderate Income Housing Special Revenue Fund .............................................................. 148 Community Facilities District Special Revenue Fund ........................................................................ 149 Non-Major Enterprise Funds:

Combining Statement of Net Position ....................................................................................................... 152 Combining Statement of Revenues, Expenses, and Changes in Net Position ........................................... 153 Combining Statement of Cash Flows ........................................................................................................ 154 City of Madera
Annual Comprehensive Financial Report
For the Year Ended June 30, 2021
Table of Contents (Continued)
iii
Page
FINANCIAL SECTION (Continued)
Supplementary Information (Continued):

Internal Service Funds:

Combining Statement of Net Position ....................................................................................................... 158 Combining Statement of Revenues, Expenses, and Changes in Net Position ........................................... 159 Combining Statement of Cash Flows ........................................................................................................ 160 Custodial Funds:

Combining Statement of Fiduciary Net Position ....................................................................................... 164 Combining Statement of Changes in Fiduciary Net Position .................................................................... 165 STATISTICAL SECTION (Unaudited)
Table of Contents ................................................................................................................................................... 169 Financial Trends:

Net Position by Component – Last Ten Fiscal Years ...................................................................................... 170 Changes in Net Position – Last Ten Fiscal Years ............................................................................................ 172 Fund Balances of Governmental Funds – Last Ten Fiscal Years .................................................................... 176 Changes in Fund Balances of Governmental Funds – Last Ten Fiscal Years ................................................. 178 Revenue Capacity:

Governmental Activities Tax Revenues by Source – Last Ten Fiscal Years .................................................. 181 Assessed Value of Taxable Property – Last Ten Fiscal Years......................................................................... 182 Property Tax Levies and Collections – Last Ten Fiscal Years ........................................................................ 184 Direct and Overlapping Property Tax Rates – Last Ten Fiscal Years ............................................................. 185 Top Ten Principal Property Taxpayers – Fiscal Year 2020 and Ten Years Prior ............................................ 186 Debt Capacity:

Ratios of Outstanding Debt by Type – Last Ten Fiscal Years ......................................................................... 187 Ratios of General Bonded Debt Outstanding – Last Ten Fiscal Years ............................................................ 188 Direct and Overlapping Governmental Activities Debt ................................................................................... 189 Legal Debt Margin Information – Last Ten Fiscal Years ................................................................................ 190 Pledged Revenue Coverage – Last Ten Fiscal Years ...................................................................................... 192 Demographic and Economic Information:

Demographic and Economic Statistics – Last Ten Fiscal Years ..................................................................... 194 Principal Employers – Fiscal Year 2020 and Ten Years Prior ........................................................................ 195

Operating Information:

Full Time Equivalent City Government Employees by Function/Program – Last Ten Fiscal Years .............. 197 Operating Indicators by Function Program – Last Ten Fiscal Years ............................................................... 198 Capital Asset Statistics by Function/Program – Last Ten Fiscal Years ........................................................... 200 iv
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Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
v
July 18, 2022
Honorable Mayor and Members of the City Council,
City of Madera, California
It is with pleasure that I present to you the City of Madera Annual Comprehensive Financial Report (ACFR).

State law requires local governments to prepare a complete set of audited financial statements. This report is published to fulfill that requirement for the fiscal year ending June 30, 2021. This report was prepared by the City of Madera’s (the City) Finance Department, which assumes responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including disclosures.

The accompanying financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) in the United States of America as prescribed by the Governmental Account Standards Board (GASB).

Generally Accepted Accounting Principles (GAAP) require that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The City’s MD&A can be found immediately following the report of the independent auditors.

The City’s financial statements have been audited by The Pun Group LLP. The goal of the independent audit was to provide reasonable assurance that the financial statements of the City for the fiscal year ended June 30, 2021, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditor concluded, based upon the audit, that there was reasonable basis for the rendering of an unmodified opinion that the City of Madera’s financial statements for the fiscal year ended June 30, 2021, are fairly presented in conformity with GAAP.

The independent auditor’s report is presented as the first component of the financial section of this report.

The independent audit of the financial statements of the City was part of a broader, federally mandated “Single Audit” designed to meet the special needs of federal grantor agencies. The standards governing Single Audit engagements require the independent auditor to report not only on the fair presentation of the financial statements, but also on the emphasis on internal controls and legal requirements involving the administration of federal awards. These reports are presented in a separately issued report, the Single Audit and Independent Auditors’ Reports.

The Management’s Discussion and Analysis (MD&A) section of this report offers a more detailed discussion about the economic condition of the City, fund balance analysis and other management goals and achievements.

Government Profile
The City was incorporated on March 27, 1907, as a general law city. The City Council is comprised of six members who are elected by district, plus a Mayor who is elected at large. The Council Members and the Mayor are elected to alternating four-year terms staggered every two years. The City Council is responsible for making policy, passing ordinances, adopting the budget, appointing committees, and hiring the City Manager and the City Attorney. The City Manager is responsible for carrying out the ordinances and policies of the City Council and overseeing operations.

All other department heads are appointed by the City Manager.

Financial Services Department
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
vi
Madera is located in the center of California, twenty miles north of Fresno, and is the county seat of Madera County.

The City has approximate population of 66,000 and its boundaries encompass 16.0 square miles. Madera is also within close proximity to cherished world treasures such as Yosemite National Park, the Sierra Nevada Mountain Range and attractions that run along the Pacific coastline.

The City provides a full range of services that include public safety, public works, recreational and community services, community development and general administrative services. The City also operates a municipal golf course, water and wastewater utilities. A general aviation airport is also part of the City of Madera. Component units are legally separate entities for which the nature and significance of their relations with the City are such that exclusion would cause the financial statements to be misleading or incomplete. Accordingly, the Housing Authority of the City of Madera is reported as a component unit in the City’s financial statements.

Local economy and local budget issues
Budget projections for the Fiscal Year 2021/22 were influenced by experts and consultants’ analysis from the results of the previous year’s pandemic shutdowns, as well as actual revenues realized following the re-opening of businesses.

The pandemic has undoubtedly affected the City’s finances, operational performance, and compliance burdens in all departments; however, the local economy is showing signs of recovery. While the pandemic continues to linger and create uncertainty, there are a few key items worth highlighting:

Experts and municipal leaders projected that sales tax revenue would remain flat when compared to the previous year’s results due to the continuing effects of the pandemic in the current fiscal year. Actual sales tax revenues over the last two quarters have exceeded projections, with growth in most sectors of the economy and is expected to remain stable.

Property values for both commercial and residential increased slightly. Real estate market remains active resulting in growth in property tax revenues.

SB 1383 will require the City to implement additional procedures associated with garbage collection and recycle, resulting in an increase in costs for solid waste disposal. The City is currently conducting a rate study to determine anticipated cost increases.

The American Rescue Plan Act (ARPA) passed into law in March 2021, has provided the City of Madera with approximately $23 Million in federal grant funds. The City Council has committed these grant funds to infrastructure needs in both the Sewer Fund and Water Fund.

Despite the impact of the pandemic, the financial outcomes were in line with the projections made. Actual sales tax revenue came in higher than projected as of June 30, 2021. While some industry sectors were impacted, Madera was not as severely impacted in comparison to other communities. This may partially be attributed to the composition of the City’s economy which is not heavily reliant on tourism or entertainment. While the City experienced decreases in some categories, this was partially offset by an increase in sales tax revenue generated by online shopping and revenue from auto sales.

Agriculture has been the mainstay of the local economy. Government also represents a growing part of the economy.

Major employers in the City include Madera Unified School District, County of Madera, City of Madera and Madera Community Hospital. Major retail employers include Walmart, Lowe’s and Home Depot. The City of Madera’s unemployment rate for the fiscal year was 17% during the peak of the pandemic but significant improvements are now visible with 7.7% rate towards the end of January 2022.

The City is part of the Madera/Chowchilla Metropolitan Area, which includes City of Madera, City of Chowchilla and developed areas of Madera County.

The City maintains extensive budgetary controls. The objective of these controls is to ensure compliance with legal provisions embodied in the annual appropriated budget adopted by the City Council. For the 2021 fiscal year, activities for the general fund, special revenue funds, debt service, enterprise, and capital project funds are included in the annual appropriated budget.
■
■
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Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
vii
The level of budgetary control, i.e. the level where the expenditures cannot legally exceed the appropriated amount, is maintained at the fund level for all funds. The City also maintains an encumbrance accounting system as a method of maintaining budgetary control. Outstanding encumbrances at year-end are evaluated and, if deemed necessary by the City Manager, are carried forward as part of the following year’s budget.

Long-term financial planning
The City maintains a five-year Capital Improvement Plan, which is updated annually. This plan includes major ongoing maintenance and rehabilitation costs to existing capital assets (land, land improvements, infrastructure, and equipment), as well as the costs of new facilities and improvements.

The City’s annual budget document includes a five-year forecast of general fund revenue, including sales, use and property taxes, interfund charges, and other governmental revenues. Revenues are projected to increase 1.5% each year for the next five years. Budget policies require that budgets be balanced, and ongoing costs shall not exceed current revenues plus available fund balance that exceeds reserve fund requirements.

The City maintains a General Fund Contingency Reserve at a level of at least 30% of the general fund operating expenditures in order to protect essential service programs and funding requirements during periods of economic downturn or other unforeseen major costs not covered by the Contingency Reserve. A separate reserve has been established in the Measure K fund in the amount of $130,000 each year for the Police Department and the Fire Department. Currently, each Measure K fund (Police and Fire) has a $390,000 fund balance contingency reserve.

Additionally, the Fire department has established a fire engine replacement reserve of $200,000, with the intent to add $200,000 each year to that reserve.

Also, to finance current growth, the City has in place a variety of user and develops fees to pay for streets, parks, water wells and lines, and sewer lines. The City reviews these fees on an annual basis to assure that the fee structure is in line with the cost of construction. For the combined fiscal years 2018-19 and 2019-20, the City implemented a 6% increase in water rates. The City implemented no increase in the water rates for fiscal year 2021-22.

Cash Management
The City of Madera’s investment policy prioritizes safety, liquidity and then yield on the City’s investment. The highest priority of cash management and investments is to ensure adequate funds are available to meet the City of Madera’s obligations and all investments are in safe instruments. Yield, while important, is considered in third priority after safety and liquidity. The City invests in the Local Agency Investment Fund “LAIF” operated by the State for the benefit of local governments. Bond proceeds, debt service monies, and debt service reserves are invested according to the bond covenants of each bond issue.

Acknowledgements
I would like to extend my thanks to the City Council for their interest in and suggestions to the financial reporting of the City. The preparation of the ACFR could not have been accomplished without the efforts and dedication of the staff of the City of Madera, Department of Finance. I extend my appreciation to my staff and other personnel from various departments, agencies and authorities who assisted in the preparation of this report.

Respectfully submitted,
Kingsley Okereke
Interim Director of Financial Services
viii

CITY COUNCIL MEMBERS
Santos Garcia, Mayor
Mayor Pro Tem Artemio Villegas, District 6
Council Member Cece Gallegos, District 1
Council Member José Rodriguez, District 2
Council Member Steve Montes, District 3
Council Member Anita Evans, District 4
Vacant, District 5

EXECUTIVE MANAGMENT
Arnoldo Rodriguez, City Manager
Hilda Cantu Montoy, City Attorney (contracted)
Alicia Gonzales, City Clerk

DEPARTMENT DIRECTORS
Gary Conte, Planning Manager
Dino Lawson, Police Chief
Ivette Iraheta, Grants Administrator
Daniel Foss, Interim Director of Public Works
John Scarborough, Director of Parks and Community Services Keith Helmuth, City Engineer
Mark Souders, Information Services Manager
Mike van Loben Sels, Fire Chief (contracted)
Roger Sánchez, Director of Financial Services
Steve Woodworth, Chief Building Official
Wendy Silva, Director of Human Resources
City of Madera
20/21 City of Madera Organizational Chart
Residents
City Council
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
Vacant, District 5
Successor Agency
Vacant
City Clerk
Alicia Gonzales
City Manager
Arnoldo Rodriguez
City Attorney
Hilda Cantú Montoy
Parks & Community Services
Vacant
Community Development
Vacant
Human Resources
Wendy Silva
Information Systems
Mark Souders
Police
Chief Dino Lawson
Fire (Cal Fire)
Chief Matt Watson
Finance
Roger Sanchez
Public Works
Daniel Foss (Interim)
Planning
Gary Conte
Engineering
Keith Helmuth
Building
Steve Woodworth
Code Enforcement
Vacant
Grants
Ivette Iraheta
ix
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200 E. Sandpointe Avenue, Suite 600
Santa Ana, California 92707
INDEPENDENT AUDITORS’ REPORT
To the Honorable Mayor and Members
of the City Council of the City of Madera
Madera, California
Report on Financial Statements

We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Madera, California (the “City”), as of and for the year ended June 30, 2021, and the related notes to the basic financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditors’ Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our unmodified, qualified, and adverse audit opinions.
(Yllll
www.pungroup.cpa g
ORANGE COUNTY • SAN DIEGO • SACRAMENTO • WALNUT CREEK • LAS VEGAS • PHOENIX 000 To the Honorable Mayor and Members
of the City Council of the City of Madera
Madera, California