Agenda packet — Madera City Council, September 21, 2022 (part 2 of 3)

(3) [X] The following additional provisions apply to the increased loan limit: The following additional provisions apply to the increased loan limit: The increased loan limits described in Section 4.2 of this Amendment apply only to the extent a loan has been made to a Qualified Individual in excess of the limits otherwise available under the Plan. To the extent the Plan does not operationally apply the increased loan limits described in Section 4.2 of this Amendment, it does not apply to the Plan. The Plan Administrator shall document through administrative procedures or otherwise the manner in which the Plan operationally applied the increased loan limits described in Section 4.2 of this Amendment. (Enter limitations or restrictions which are nondiscriminatory.) (f) [X] The loan repayment extension described in Section 4.3 (If (f) is selected, the Employer may optionally select one or more of (1), (2), or (3).)
(1) [ ] The Suspension Period will begin _______________________ (Enter date not before March 27, 2020) and end ______________. (Enter date not later than December 31, 2020.) (2) [ ] The Extension Period will be _____________ . (Enter period, up to one year, the due date of the loan will be extended
(3) [X] The following additional provisions apply to the loan repayment extension: The loan repayment extension described in Section 4.3 of this Amendment applies only to the extent the due date to repay a loan has been extended for a Qualified Individual. To the extent the Plan does not operationally extend the due date for loan repayment as described in Section

4.3 of this Amendment, it does not apply to the Plan. The Plan Administrator shall document through administrative procedures or otherwise the manner in which the Plan operationally extended the due date for loan repayment as described in Section 4.3 of this Amendment. (Enter limitations or restrictions which are nondiscriminatory.)

2.4 RMD waivers for 2020. Unless the Employer elects otherwise below, the provisions of Section 5.2 apply and a Participant or Beneficiary who would have been required to receive a 2020 RMD or Extended 2020 RMD will receive the distribution unless the Participant or Beneficiary chooses not to receive the distribution. (a) [ ] No RMDs without request. The provisions of Section 5.2 apply and a Participant or Beneficiary who would have been required to receive a 2020 RMD or Extended 2020 RMD will not receive the distribution unless the Participant or Beneficiary chooses to receive the distribution. (b) [X] Split. The provisions of Section 5.2 apply. A Participant or Beneficiary who would have been required to receive a 2020 RMD will not receive the distribution unless the Participant or Beneficiary chooses to receive the distribution. A Participant or Beneficiary who would have been required to receive an Extended 2020 RMD will receive the distribution unless the Participant or Beneficiary chooses not to receive the distribution.
(c) [ ] No change to RMDs. Payment of RMDs or Extended 2020 RMDs will be governed by the terms of the Plan without regard to this Amendment (i.e., no election is available to Participants or Beneficiaries). (d) [ ] Describe: ___________________________________________________.

For purposes of Section 5.3, the Plan will also treat the following as eligible rollover distributions in 2020:
(Choose one or none of (e), (f), (g), or (h): If no election is made, then a direct rollover will be offered only for distributions that would be eligible rollover distributions without regard to Code §401(a)(9)(I)):
(e) [X] 2020 RMDs.
(f) [ ] 2020 RMDs and Extended 2020 RMDs.
(g) [ ] 2020 RMDs but only if paid with an additional amount that is an eligible rollover distribution without regard to Code §401(a)(9)(I).
(h) [ ] Describe: ___________________________________________________.

The provisions of Article 5, and the elections in this Section 2.4, will be effective on the date specified in Section 2.5. unless a different date is entered here: _________________________ (Optional. Enter a date between March 27, 2020 and December 31, 2020. RMD distributions before the selected effective date should have followed plan terms in effect before this Amendment.) DocuSign Envelope ID: C9386EA0-C801-4E39-8970-34524D1337F0 , such as "six months. '')
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2.5 Effective Date. This Amendment is effective March 27, 2020, or as soon as practical thereafter, or, if later, the following date: ___________________________. (Optional. Enter a date not later than December 31, 2020.) ARTICLE 3

CORONAVIRUS-RELATED DISTRIBUTIONS

3.1 Application. This Article 3 will apply if Section 2.3(b) or Section 2.3(d) is selected.

3.2 Coronavirus-Related Distribution(s). Subject to the provisions described in Section 2.3(d)(4), if any, a Qualified Individual may take one or more Coronavirus-Related Distributions. The accounts from which the amount may be distributed shall be limited if selected in Sections 2.3(d)(1) and (2). However, if the Plan is a Defined Benefit Plan, and the Qualified Individual has not separated from service, the Qualified Individual may not take a Coronavirus-Related Distribution prior to attaining the earlier of Normal Retirement Age or age 59½. The provisions of this Section will apply notwithstanding any limitation in the Plan on partial distributions or any otherwise applicable plan or administrative limits on the number of allowable distributions.

3.3 Repayment of distribution. If the Plan permits a Participant to make rollover contributions, then a such a Participant who received a Coronavirus-Related Distribution (from this Plan and/or another eligible retirement plan as defined in Code §402(c)(8)(B)), at any time during the 3-year period beginning on the day after receipt of the distribution, may make one or more contributions to the Plan, as rollover contributions, in an aggregate amount not to exceed the amount of such distribution.

3.4 Definition of Coronavirus-Related Distribution. A - means a distribution to a Qualified Individual during the period beginning January 1, 2020 and ending December 30, 2020. The total amount of Coronavirus-Related Distributions to a Qualified Individual pursuant to this Amendment from all plans maintained by the Employer, or any related employer described in Code §414(b), (c), (m), or (o), shall not exceed $100,000, (or such lesser amount specified in Section 2.3(d)(3)).

The Coronavirus-Related Distributions from the Plan to a Qualified Individual will not exceed the amount ARTICLE 4

PARTICIPANT LOAN RELIEF

4.1 Application. This Article 4 will apply only if the Plan permits participant loans. Section 4.2 will apply if Section 2.3(b) or Section 2.3(e) is selected. Section 4.3 will apply if Section 2.3(b) or Section 2.3(f) is selected.

4.2 Increased loan limit. Notwithstanding the loan limitation that otherwise would apply, the Plan will determine the loan limit under Code §72(p)(2)(A) for a loan to a Qualified Individual, made during the period beginning March 27, 2020 and ending September 22, 2020, by substituting $100,000 lesser amount specified in Section 2.3(e)(1)) for $50,000, and by substituting percentage specified in Section 2.3(e)(2)) of the present value of the nonforfeitable accrued benefit of the employee under the Plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the Plan The provisions described in Section 2.3(e)(3), if any, will apply in connection with loans to Qualified Individuals.

4.3 Extension of certain repayments. If a Qualified Individual has an outstanding loan from the Plan on or after March 27, 2020, then: (1) if the date for any repayment of such loan occurs during the Suspension Period, the due date is extended for the Extension Period; (2) the due date of the loan will be extended by the Extension Period; (3) the Plan will adjust any subsequent repayments to reflect the extension of the due date and any interest accrued during the Suspension Period; and (4) the Plan will disregard the Extension DocuSign Envelope ID: C9386EA0-C801-4E39-8970-34524D1337F0 "Coronavirus Related Distribution"
of the individual's vested account balance or the present value of the individual's vested accrued benefit. " "(or such
" " "100% ( or such lesser
" "
"(or its equivalent).
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Period in determining the 5-year period and the loan term under Code §72(p)(2)(B) or (C). The provisions described in Section 2.3(f)(3), if any, will apply in connection with the suspension and extension described in this Section. The Suspension Period, unless otherwise specified in Section 2.3(f)(1), will begin March 27, 2020 and end December 31, 2020. The Extension Period, unless otherwise specified in Section 2.3(f)(2) will be one year. The provisions of this Section 4.3 will be applied in accordance with Section 5.B. of Notice 2020-50, or any subsequent applicable guidance, and the adjustment described in (3) may reflect the ARTICLE 5
WAIVER OF 2020 REQUIRED MINIMUM DISTRIBUTIONS (RMDs)

5.1 Application. This Article 5 will apply only to defined contribution plans, including 401(k) Plans, ProfitSharing Plans, Money Purchase Pension Plans, 403(b) Plans, and 457(b) Plans sponsored by governmental employers. The definitions in Section 5.4 will apply in interpreting Section 2.4.

5.2 Waiver; default provision. This Section 5.2 will apply unless Section 2.4(c) is selected or to the extent

2.4(d) overrides it. Notwithstanding the provisions of the Plan relating to RMDs, whether a Participant or Beneficiary who would have been required to receive 2020 RMDs, and who would have satisfied that requirement by receiving distributions that are (1) equal to the 2020 RMDs, or (2) Extended 2020 RMDs will receive those distributions is determined in accordance with the option chosen in Section 2.4.

Notwithstanding the option chosen in Section 2.4, a Participant or Beneficiary will be given an opportunity to make an election as to whether or not to receive those distributions. If the Plan permits a Beneficiary of a deceased Participant to make the election to use the 5-year rule or the life expectancy rule, the deadline to make the election may be extended to reflect the adoption of Code §401(a)(9)(I).

5.3 Direct rollovers. Notwithstanding the provisions of the Plan relating to required minimum distributions under Code §401(a)(9), and solely for purposes of applying the direct rollover provisions of the Plan, certain additional distributions in 2020, as elected by the Employer in Section 2.4, will be treated as eligible rollover distributions. If no election is made by the Employer in Section 2.4, then a direct rollover will be offered only for distributions that would be eligible rollover distributions without regard to Code §401(a)(9)(I).

5.4 Definitions. means required minimum distributions described in Code §401(a)(9). means required minimum distributions the Plan would have been required to distribute in 2020 (or permitted to pay in 2021 for the 2020 calendar year for a Participant with a required beginning date of April 1, 2021) but for the enactment of Code §401(a)(9)(I). means one or more payments in a series of substantially equal distributions (that include the 2020 RMDs) made at least annually and expected to last for the life (or life expectancy) of the Participant, the joint lives (or joint life years.

5.5 Installment payments. A Participant or Beneficiary receiving payment of 2020 RMDs or 2020 Extended RMDs pursuant to this Article 5 may receive them in any method (including installments or partial distributions) which would have been permitted under the terms of the Plan if the amounts would have been RMDs but for the enactment of Code §401(a)(9)(I).
* * * * * *
DocuSign Envelope ID: C9386EA0-C801-4E39-8970-34524D1337F0 "safe harbor" described therein.
"RMDs" "2020
RMDs"
"Extended 2020 RMDs"
expectancy) of the Participant and the Participant's designated Beneficiary, or for a period of at least 10 © 2021 FIS Business Systems LLC 340227-01

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This Amendment has been executed this day of ,
. Name of Plan: City of Madera 457 Deferred Compensation Plan & Trust Name of Employer: City of Madera
By: |S1| EMPLOYER
DocuSign Envelope ID: C9386EA0-C801-4E39-8970-34524D1337F0

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement for ResoluteGuard Cyber Risk Management Program RECOMMENDATION:

Adopt a resolution approving the ResoluteGuard Services Agreement and authorizing the Director of Human Resources to execute necessary documents electronically through DocuSign SUMMARY:

The City of Madera participates in the Central San Joaquin Valley Risk Management Authority (CSJVRMA), a joint powers authority providing risk pooling and financing as well as loss control services to its fifty-four (54) member cities. As part of the CSJVRMA program offerings, the City has the opportunity to participate in a new program being offered to member cities in response to changes in the cyber insurance industry necessitated by an increase in cyber-attacks.

Specifically, CSJVRMA has contracted with ResoluteGuard to provide a Cyber Risk Management Program to assist member cities like Madera to evaluate their executive governance, administrative, and technical activities required to support best practices and incident response plan solutions that protect against cyber incidents that could expose the City to both financial risk and disruption of services.

DISCUSSION:

Through its membership in the CSJVRMA, the City participates in several risk management programs, including workers’ compensation, liability, property, and vehicle pooled and purchased insurance programs. As part of the property program, the City also participates in cyber liability insurance coverage. The cyber liability insurance industry has seen a significant increase in cyber-attacks resulting in financial consequences, business disruption, and data breaches. In response, the cyber liability insurance industry is placing stricter standards on businesses desiring cyber liability insurance to ensure they are following best practices. In an Council Meeting of: September 21, 2022
Agenda Number: B-15
effort to assist its member cities with their cyber risk management needs, CSJVRMA has entered into an agreement with ResoluteGuard to provide a Cyber Risk Management Program to participating members. The program will assist the City in evaluating all aspects of its information systems security, including executive governance, administration, and technical activities.

ResoluteGuard has an overarching agreement with CSJVRMA for the program, and member cities desiring to participate in the Cyber Risk Management Program must execute an individual agreement to participate. The requested action is the approve the City’s participation in the program by approving the ResoluteGuard Services Agreement. Additionally, the vendor utilizes DocuSign for electronic document management and the requested action will authorize the City’s CSJVRMA Board Representative, Director of Human Resources Wendy Silva, to execute the applicable documents.

FINANCIAL IMPACT:

The ResoluteGuard Risk Management Program participation fee is based on the number of applicable devices, which will be confirmed upon execution of the Services Agreement and initial scan of the City’s system. It is estimated that the City’s year one fee will be $5,650 and subsequent years will be $4,400. Funds were included in the adopted Fiscal Year 2022-23 budget for participation in this program.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

ALTERNATIVES:

Council could direct staff to seek alternate cyber risk management programs outside the offerings of the CSJVRMA.

ATTACHMENTS:

1. Resolution
Exhibit A. ResoluteGuard Payment Agreement with CSJVRMA Exhibit B. ResoluteGuard Services Agreement
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE RESOLUTEGUARD SERVICES AGREEMENT
WHEREAS, the City of Madera participates in several risk management programs through the Central San Joaquin Risk Management Authority (CSJVRMA), including cyber liability insurance and risk management; and
WHEREAS, the CSJVRMA has entered into a Payment Agreement with ResoluteGuard to provide CSJVRMA member cities with Cyber Risk Management Program benefits, attached as Exhibit A and incorporated herein; and
WHEREAS, the City must execute a Services Agreement to participate in the Cyber Risk Management Program with ResoluteGuard.

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 City Council approves the ResoluteGuard Services Agreement, attached as Exhibit B and incorporated herein.

3. The Director of Human Resources as the CSJVRMA Board Representative is authorized to execute the Services Agreement and any related documents through DocuSign using electronic signature.

4. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * * * *
1 ResoluteGuard Payment Agreement 2022

RESOLUTEGUARD PAYMENT AGREEMENT
This Payment Agreement (this "Agreement"), dated as of September 1, 2022 (the "Effective Date"), is entered into by and between RESOLUTEGUARD LLC, a New Jersey limited liability company, with offices located at 417 Crescent Parkway, Sea Girt, New Jersey 08750 ("Service Provider"), and Central San Joaquin Valley Risk Management Authority (“RMA”), a California Joint Powers Authority established and operating pursuant to California Government Code section 6500, et seq.

WHEREAS, RMA is a joint powers authority established pursuant to the California Government Code whose membership constitutes multiple cities, located within the California San Joaquin Valley. RMA provides multiple liability coverages, claims services, and safety programs for the member cities.

WHEREAS, Service Provider is in the Business of providing Cyber Risk Management Program Services to local government agencies.

WHEREAS, RMA wishes to provide its members with the option to obtain Cyber Risk Management Services in conjunction with the liability and property coverages it provides to members.

WHEREAS, Service Provider has agreed to provide Cyber Risk Management Services to members of RMA and is qualified and has all necessary licenses under Federal and State law to conduct its business and provide its services in the state of California.

The parties agree as follows:

1. Services. RMA is a network of municipal governments (collectively the “Members”). As a benefit with respect to Members’ membership with RMA, RMA has requested, and Service Provider has agreed, to provide certain services to all Members who choose to subscribe to Service Provider’s “Cybersecurity Risk Management Program” (the "Services"), as further set forth in the Service Agreements by and between Service Provider and subscribing Members as further described on Schedule A (the “Member Schedule”), which is incorporated as if set forth fully herein. Any RMA member who opts for services provided by Service Provider will enter into separate contracts with Service Providers. RMA shall, by way of this Payment Agreement, provide payments to Service Provider on behalf of RMA member cities who decide to enter into contracts with Service Provider.

2. Fees and Payment. Throughout the term of this Agreement, RMA shall be obligated to pay to ResoluteGuard, LLC as outlined in Exhibit B, the fees charged by Service Provider for services provided to the Members of RMA.

3. Confidentiality; No Control. RMA agrees and understands that unless Member gives written direction and permission to discuss all or a portion of the Services with RMA, Service Provider will not disclose any information deemed “Confidential Information” of Members under the Service Agreements. RMA has no rights in the Services and/or its delivery to Member. Nothing in this Agreement shall give RMA the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Service Provider is an independent contractor of Members and in no event will Service Provider be considered an agent or employee of Members or RMA or any of its subsidiaries or affiliates for any purpose.

Exhibit A
2 ResoluteGuard Payment Agreement 2022

4. Term. This Agreement shall commence as of the Effective Date and will remain in full force and effect while any Service Agreement with a member city remains outstanding, or unless terminated pursuant to the provisions below. In the event of termination, Service Provider shall continue to provide services to any member city who has in place an existing contract which has been fully executed and funded under this Agreement.

5. Termination for Breach or Cause. Either party may terminate this Agreement for cause, effective upon 30 days written notice to the other party (the "Defaulting Party"), if the Defaulting Party: (a) materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach; (b) becomes insolvent or admits its inability to pay its debts generally as they become due; (c) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 days after filing; (d) is dissolved or liquidated or takes any corporate action for such purpose; (e) makes a general assignment for the benefit of creditors; or (f) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. Notwithstanding anything to the contrary in this section, Service Provider may terminate this Agreement before the expiration date of the Term on written notice if RMA fails to pay the Fees when due hereunder any agreement by and between RMA and Service Provider.

6. Termination Without Cause. Either party may terminate this Agreement for any reason at any time, without penalty, by giving the other party sixty (60) days advance written notice. Any fees paid in advance will be returned on a pro rata basis, except for the first year of a Members Service Agreement where it will be prorated less an initial $1,250 activation fee. The activation fee shall apply to year one only.

7. Duty of Cooperation. Each of the parties hereto shall use commercially reasonable efforts to, from time to time at the request and sole expense of the other party, furnish the other party such further information or assurances, execute and deliver such additional documents, instruments, and conveyances, and take such other actions and do such other things, as may be reasonably necessary or appropriate to carry out the provisions of this Agreement and give effect to the transactions contemplated hereby. Each party shall deliver all communications in writing either in person, by certified or registered mail, return receipt requested and postage prepaid, by facsimile or email (with confirmation of transmission), or by recognized overnight courier service, and addressed to the other party at the addresses set forth below.

8. Insurance:
i. Commercial General Liability
a. Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Service Provider’s general liability policies shall be primary and shall not seek contribution from RMA’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to Exhibit A
3 ResoluteGuard Payment Agreement 2022
provide that RMA and its officers, officials, employees, and agents shall be additional insureds under such policies.
b. Any failure to comply with reporting provisions of the policies by Service Provider shall not affect coverage provided to RMA.
c. Coverage shall state that Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of RMA. ii. Business Automobile Liability
a. Service Provider shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident. iii. Workers’ Compensation and Employers’ Liability
a. Service Provider shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Service Provider shall submit to RMA, along with the certificate of insurance, a waiver of subrogation endorsement in favor of RMA, its officers, agents, employees, and volunteers.
iv. Technology Professional Liability (Errors and Omissions) a. Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
v. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to RMA, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by RMA.

Exhibit A
4 ResoluteGuard Payment Agreement 2022
c. Evidence of Insurance - Prior to commencement of work, Service Provider shall furnish RMA with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. Service Provider must agree to provide complete, certified copies of all required insurance policies if requested by RMA.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

9. Indemnification: To the fullest extent permitted by law, Service Provider shall hold harmless, defend at its own expense, and indemnify RMA and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from RMA’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

10. Choice of Law. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by, and construed in accordance with the laws of California, without giving effect to any conflict of the laws provisions thereof that would result in the application of the laws of a different jurisdiction.

11. Entire Agreement. This Agreement and any attached exhibits or schedules constitute the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.

12. Severability. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

13. Amendment. The parties may not amend this Agreement except by written instrument signed by the parties.

14. Waiver. No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver.

No failure to exercise, or delay in exercising, any Right operates as a waiver thereof. No single or partial exercise of any Right precludes any other or further exercise thereof or the exercise of any other Right. The Rights under this Agreement are cumulative and are in addition to any other rights and remedies available at law or in equity or otherwise.

15. Assignment. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control or merger (whether or not such party is the surviving entity) by operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for Exhibit A
5 ResoluteGuard Payment Agreement 2022
the parties, their successors, and permitted assigns, there are no third-party beneficiaries under this Agreement (including Members).

16. Miscellaneous. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.

17. Dispute Resolution. Any proceedings to enforce the terms of this Agreement shall be commenced solely in the Superior Court for the State of California, or, if the court lacks jurisdiction over the subject matter, in the United States District Court for the Eastern District of California.

18. Notice. Any notices to be provided by any party to this Agreement shall be made in writing, signed by an authorized signatory, and shall be deemed given upon receipt if personally delivered, sent by overnight mail by USPS or commercial service with confirmed delivery, or sent by certified mail (return receipt requested) addressed as follows:

To: RESOLUTEGUARD LLC To: CSJVRMA
Jeff Schobel Jeanette Workman
Chief Executive Officer Administrator
417 Crescent Parkway 1750 Creekside Oaks Dr., Ste 200
Sea Girt, NJ 08750 Sacramento, CA 95833
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective officers thereunto duly authorized.

RESOLUTEGUARD LLC
By_____________________________________
Name: Jeffrey Schobel
Title: CEO
Central San Joaquin Valley Risk
Management Authority
By_____________________________________
Name: Jeanette Workman
Title: Administrator
Exhibit A
6 ResoluteGuard Payment Agreement 2022

SCHEDULE A
Subscribing Members will receive the following:

DESCRIPTION OF SERVICES
Comprehensive Internal/External Assessment and Improvement Based on NIST-CSF Controls
Web Meeting to Outline Onboarding and Setup for assessment software installation -Analyze submitted insurance renewal questionnaire
-Discuss assessment information requirements
-Screenshare with Technical staff to implement scanning software -Share best practices for optimal scanning results
Cyber-insurance Action Plan (CAP) and Assessments Results Web Meeting to review CAP and Assessment Results
Provides fact-based recommendations and responses to Insurance Questionnaire Step by Step Action Plans prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Align Policy and Solution Activities
Review Assessment Reports
Prioritize Network Action Plan by risk of potential loss occurrence Network Management Plan
-User-Friendly Detailed Remedial Actions
Consolidated Risk Report
-Network Security Summary
-Create Inventory Management Summary
-Establish Network Documentation
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity, and more Policies and Procedures
Per insurance and NIST Requirements
Prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy creation and Solution Activities
Exhibit A
7 ResoluteGuard Payment Agreement 2022
Each Subsequent 90 Day Comprehensive Internal/External Assessment Cyber-insurance Action Plan (CAP) and Assessment Results Web Meeting to review CAP and Assessment Results
Step by Step Action Plans re-prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Re-align Policy and Solution Activities
Review Assessment Reports
Re-prioritize Network Action Plan by risk of potential loss occurrence -Review Change and Progress Reports
Network Management Plan
-User-Friendly Detailed Remedial Actions
-Change and Progress
Consolidated Risk Report
-Network Security Summary
-Updated Inventory Management Summary
-Updated Network Documentation
-Change and Progress
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity & more -Change and Progress
Policies and Procedures
Per insurance and NIST-CSF Requirements
Re-prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy Creation and Solution Activities
NIST CSF Compliance
Continue to Fill out additional questionnaires to achieve full NIST-CSF Compliance -Complete Inventory worksheet
-Complete User Access worksheet
-Complete External Port Use worksheet
-Complete NIST Category Worksheets-Identify; Protect; Detect; Respond; Recover Exhibit A
8 ResoluteGuard Payment Agreement 2022

SCHEDULE B
Service Provider shall provide the services to each member city who elects to enter into a Service Agreement based on the following terms and upon the fee for each member as set forth herein.

As of the effective date of this Agreement, Service Provider shall bill RMA a fee based on the Members who entered into a Services Agreement and monthly thereafter for any new Members who enter into mid-year Services Agreement. RMA will pay the costs set forth pursuant to the pricing schedule (the “Price Schedule”) adjusted for each Member who decides to obtain services related to the Program based on actual number of member devices to be determined on the first screening of each contract term conducted by Service Provider. Fees for Members entering mid-year contracts for the first year, shall be $1,250 for activation, with the remaining amount to be prorated based on a July 1 to June 30 fiscal year.

For all subsequent years, Service Provider shall bill RMA no later than July 1st for Members who have entered into a Services Agreement and monthly thereafter plus an initial year $1,250 activation fee for any new Members who enter into mid-year first year Services Agreements, with the remaining amount to be prorated based on a July 1 to June 30 fiscal year.

RMA shall pay within 45 days unless a conflict is identified in writing. Invoices should be emailed to [email protected] and [email protected].

RMA will be exclusively responsible for the payment of any and all fees due under or in connection with this Agreement, and Service Provider will not bill individual Members.

These fees are based upon the number of devices which are estimated based on employees of each member city, as designated below. The fee schedule will be updated based on the actual number of Member devices to be determined on the first screening of each contract term conducted by Service Provider. These calculations reflect fees on the following number of devices:
# of Devices 2022/23 2023/24
1 - 250 $4,500 $3,250
251 - 500 $5,650 $4,400
501 - 750 $6,800 $5,550
751 - 1000 $7,950 $6,700
1000 - 2150 $9,100 $7,800
Exhibit A
9 ResoluteGuard Payment Agreement 2022
ESTIMATED #

DEVICES
BASED

ON EMPLOYEE RESOLUTEGUARD RESOLUTEGUARD

CENSUS FROM FEE PER MEMBER FEE PER MEMBER
MEMBER
CITY: 2022/23 BUDGET 2022/23 2023/24

1 ANGELS 46 4,500 3,250
2 ARVIN 61 4,500 3,250
3 ATWATER 94 4,500 3,250
4 AVENAL 56 4,500 3,250
5 CERES 195 4,500 3,250
6 CHOWCHILLA 111 4,500 3,250
7 CLOVIS 1133 9,100 7.850
8 CORCORAN 72 4,500 3,250
9 DELANO 213 4,500 3,250
10 DINUBA 146 4,500 3,250
11 DOS PALOS 40 4,500 3,250
12 ESCALON 60 4,500 3,250
13 EXETER 49 4,500 3,250
14 FARMERSVILLE 57 4,500 3,250
15 FIREBAUGH 64 4,500 3,250
16 FOWLER 42 4,500 3,250
17 GUSTINE 60 4,500 3,250
18 HUGHSON 23 4,500 3,250
19 HURON 30 4,500 3,250
20 KERMAN 111 4,500 3,250
21 KINGSBURG 126 4,500 3,250
22 LATHROP 99 4,500 3,250
23 LEMOORE 173 4,500 3,250
24 LINDSAY 57 4,500 3,250
25 LIVINGSTON 74 4,500 3,250
26 LOS BANOS 221 4,500 3,250
27 MADERA 275 5,650 4,400
28 MARICOPA 11 4,500 3,250
29 MCFARLAND 60 4,500 3,250
30 MENDOTA 51 4,500 3,250
31 MERCED 573 6,800 5.550
32 NEWMAN 105 4,500 3.250
33 OAKDALE 118 4,500 3.250
34 ORANGE COVE 53 4,500 3,250
35 PARLIER 71 4,500 3,250
36 PATTERSON 268 5,650 4,400
37 PORTERVILLE 342 5,650 4,400
38 REEDLEY 258 5,650 4,400
Exhibit A
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10 ResoluteGuard Payment Agreement 2022
39 RIPON 131 4,500 3,250
40 RIVERBANK 68 4,500 3,250
41 SAN JOAQUIN 15 4,500 3,250
42 SANGER 158 4,500 3,250
43 SELMA 146 4,500 3,250
44 SHAFTER 145 4,500 3,250
45 SONORA 67 4,500 3,250
46 SUTTER CREEK 26 4,500 3,250
47 TAFT 53 4,500 3,250
48 TEHACHAPI 89 4,500 3,250
49 TRACY 524 6,800 5,550
50 TULARE 437 5,650 4,400
51 TURLOCK 553 6,800 5,550
52 WASCO 64 4,500 3,250
53 WATERFORD 24 4,500 3,250
54 WOODLAKE 31 4,500 3,250

TOTAL 8129 $260,250
Exhibit A
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1 Service Agreement 2022

RESOLUTEGUARD SERVICES AGREEMENT
This Services Agreement (this "Agreement"), dated as of ___________________, 2022 (the "Effective Date"), is entered into by and between RESOLUTEGUARD LLC, a New Jersey limited liability company, with offices located at 417 Crescent Parkway, Sea Girt, New Jersey 08750 ("Service Provider"), and the City of ______________ ("Member"), who is a Member of CSJVRMA as described below.

1. Services. Central San Joaquin Valley Risk Management Association (“RMA”) is a Joint Powers Authority organized under California law and has within its membership California cities to whom it provides multiple liability coverages, property coverages, claim services, and public entity safety programs. Service Provider is in the business of providing cyber risk management services to local government agencies. Service Provider shall provide certain services relating to Service Provider’s “Cybersecurity Risk Management Program” (the "Services") to Member as set forth in Exhibit A, which is attached hereto and incorporated as if set forth fully herein.

2. Fees and Expenses. For the Services to be performed hereunder, RMA shall pay to Service Provider, on behalf of the Member the fixed fee for member city as set forth in that certain Payment Agreement by and between Service Provider and RMA dated September 1, 2022(the “Payment Agreement”) (collectively, the "Fees"), a copy of which is attached and incorporated herein. RMA will invoice members their respective fee plus a 5% administration charge.

3. Member’s Obligations. Member represents and warrants to Service as follows:

3.1 Member will cooperate with Service Provider in all matters relating to the Services and appoint a Member employee to serve as the primary contact with respect to this Agreement and who will have the authority to act on behalf of Member with respect to matters pertaining to this Agreement (the “Member Contract Manager”). Service Provider will be entitled to rely upon directions and guidance from the Member Contract Manager until Service Provider is affirmatively made aware of a change of status of the Member Contract Manager;

3.2 Member shall ensure that Service Provider has such access to Member’s equipment and networks (collectively, the “Environment”) as may reasonably be requested by Service Provider for the purposes of performing the Services. Without limiting the generality of the foregoing, Member hereby grants to Service Provider the right to monitor, diagnose, communicate with, retrieve information from, and otherwise access the Member’s Environment to enable Service Provider to provide the Services. Member acknowledges that Service Provider may be required to install one or more software agents into Member’s Environment through which such access may be enabled;

3.3 Member shall respond promptly to any Service Provider request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Service Provider to perform Services in accordance with the requirements of this Agreement. It being understood that if Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Member, its agents, subcontractors, consultants, or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Member, in each case, to the extent arising directly or indirectly from such prevention or delay;
Exhibit B
2 ResoluteGuard Service Agreement 2022

3.4 Member shall comply fully with all reasonable specifications, rules, regulations, and policies governing the Services provided to Member by Service Provider. Such rules, regulations and policies shall be subject to change from time to time but only upon written agreement between Member and Service Provider;

3.5 Member, and not Service Provider, is responsible for Member’s own compliance with all applicable laws, including all confidentiality and security requirements, including, but not limited to such requirements of the FERPA, HIPAA, and the USA Patriot Act. The Services are intended, and will be used, to assist Member in making progress toward full regulatory compliance with any law, rule, regulation, or requirement that may be applicable to Member’s business or operations. The Services may aid Member’s efforts to fulfill regulatory compliance; however, the Services are not (and should not be used as) as a compliance solution;

3.6 Service Provider may provide Member with specific advice and directions related to the Services (“Advice”). Member is strongly advised to follow Advice which, depending on the situation, may require Member to make additional purchases or investments in its Environment at its sole cost. Member acknowledges and agrees that Service Provider is not responsible for any problems or issues (such as downtime or security-related issues) caused by Member’s failure to promptly follow Advice. If, in Service Provider’s discretion, Member’s failure to follow Advice renders part or all of the Services economically or technically unreasonable to provide, then Service Provider may terminate all or a portion of the Services;

4. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Member under this Agreement or prepared by or on behalf of Service Provider in the course of performing the Services (collectively, the "Deliverables") except for any Confidential Information of Member or Member-provided materials shall, as between Member and Service Provider, be owned exclusively by Service Provider. Service Provider hereby grants Member a license (or if applicable, a sublicense) to use all Intellectual Property Rights in the Deliverables free of additional charge (other than the Fees) and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free and perpetual basis, solely to the extent necessary to enable Member to make reasonable use of the Deliverables and the Services.

5. Confidentiality. From time to time during the Term of this Agreement, either party (as the "Disclosing Party") may disclose or make available to the other party (as the "Receiving Party"), non-public, proprietary, and confidential information of Disclosing Party that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within 10 days thereafter, is summarized in writing and confirmed as confidential ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party's breach of this Section 5; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party's possession prior to Disclosing Party's disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. The Receiving Party shall: (x) protect and safeguard the confidentiality of the Disclosing Party's Confidential Exhibit B
3 ResoluteGuard Service Agreement 2022
Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (y) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (z) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party's sole cost and expense, a protective order or other remedy. For purposes of this Section 5 only, Receiving Party's Group shall mean the Receiving Party's affiliates and its or their employees, officers, directors, shareholders, partners, members, managers, agents, independent contractors, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.

Provided however, this Section 5 shall not prohibit or otherwise prevent Service Provider from extracting, compiling, synthesizing, and analyzing data provided by Member to Service Provider in connection with the delivery of the Services to the extent such data or information does not identify or is otherwise attributable to Member and/or the RMA’s operations, systems, networks, or any person.

6. Term. This Agreement shall commence as of the Effective Date and, unless sooner terminated as provided in this Agreement, shall remain in full force and effect through the next June 30after which the term shall automatically renew for additional 12-month periods unless a party provides written notice to the other party no later than the May 31st prior to the expiration of the then current Term of that party’s intention to not renew this Agreement. In the event of termination, under any provision of this Agreement, Service Provider shall provide any services required to be performed under the Agreement which have been funded by the RMA pursuant to the Payment Agreement.

7. Termination. Either party may terminate this Agreement, effective upon written notice to the other party (the "Defaulting Party"), if the Defaulting Party: (a) materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 30 days after receipt of written notice of such breach; (b) becomes insolvent or admits its inability to pay its debts generally as they become due; (c) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 days after filing; (d) is dissolved or liquidated or takes any corporate action for such purpose; (e) makes a general assignment for the benefit of creditors; or (f) has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

Notwithstanding anything to the contrary in this section, Service Provider may terminate this Agreement before the expiration date of the Term on written notice if RMA fails to pay any amount when due under the Payment Agreement.

8. Termination Without Cause. Either party may terminate this Agreement for any reason at any time, without penalty, by giving the other party sixty (60) days advance written notice.

9. Independent Contractor. The details of the method and manner for performance of the Services by Service Provider shall be under its own control, Member being interested only in the Exhibit B
4 ResoluteGuard Service Agreement 2022
results thereof. The Service Provider shall be solely responsible for supervising, controlling, and directing the details and manner of the completion of the Services. Nothing in this Agreement shall give Member (or RMA) the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. Service Provider is for all purposes hereunder an independent contractor and in no event will Service Provider be considered an agent or employee of Member or RMA or any of their subsidiaries or affiliates for any purpose.

10. Limited Warranty. Service Provider warrants that it shall perform the Services, which includes the delivery of a vulnerability assessment to Member, in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. SERVICE PROVIDER (a) MAKES NO WARRANTIES EXCEPT FOR THAT SET OUT ABOVE; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Service Provider makes no representations or warranties with respect to any third party software or Deliverables provided to Member with respect to the Services, nor does Service Provider provide to Member any representations, warranties, assurances or promises that Member’s operations during or following the delivery of the Services will meet any or all regulatory compliance requirements (or other requirements of applicable laws). Service Provider's sole and exclusive liability and Member's sole and exclusive remedy for breach of the limited warranty set out in this Section shall be reperformance of the affected Services. If Service Provider cannot reperform the Services in compliance with the warranty set forth above within a reasonable time (but no more than 30 days) after Member's written notice of such breach, Member may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 7. Service Provider shall not have any obligation to refund to Member or RMA any portion of the fees previously paid by RMA as of the date of termination corresponding to the defective Services.

11. Limitation of Liability. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO

MEMBER OR TO ANY THIRD PARTY (INCLUDING ANY MEMBER) FOR ANY LOSS OF

USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR

ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR

PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH

DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

SERVICE PROVIDER'S SOLE LIABILITY ARISING OUT OF OR RELATED TO THIS

AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT,

TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE AS SET FORTH IN SECTION 10 ABOVE.

12. Insurance:
i. Commercial General Liability
a. Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) aggregate for bodily injury, personal injury, and property damage, Exhibit B
5 ResoluteGuard Service Agreement 2022
including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Service Provider’s general liability policies shall be primary and shall not seek contribution from Member’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that Member and its officers, officials, employees, and agents shall be additional insureds under such policies. b. Any failure to comply with reporting provisions of the policies by Service Provider shall not affect coverage provided to Member.
c. Coverage shall state that Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of Member. ii. Business Automobile Liability
a. Service Provider shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident. iii. Workers’ Compensation and Employers’ Liability
a. Service Provider shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Service Provider shall submit to Member, along with the certificate of insurance, a waiver of subrogation endorsement in favor of Member, its officers, agents, employees, and volunteers.
iv. Technology Professional Liability
a. (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
v. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to Member, except that ten Exhibit B
6 ResoluteGuard Service Agreement 2022
(10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by Member.
c. Evidence of Insurance - Prior to commencement of work, Service Provider shall furnish Member with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

Service Provider must agree to provide complete, certified copies of all required insurance policies if requested by Member.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

13. Indemnification: To the fullest extent permitted by law, Service Provider shall hold harmless, defend at its own expense, and indemnify Member and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from Member’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

14. Choice of Law. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by, and construed in accordance with the laws of California, without giving effect to any conflict of the laws provisions thereof that would result in the application of the laws of a different jurisdiction.

15. Entire Agreement. This Agreement and any attached exhibits or schedules constitute the entire Agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter.

16. Severability. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.

17. Amendment. The parties may not amend this Agreement except by written instrument signed by the parties.

18. Waiver. No waiver of any right, remedy, power, or privilege under this Agreement ("Right(s)") is effective unless contained in a writing signed by the party charged with such waiver.

Exhibit B
7 ResoluteGuard Service Agreement 2022

19. Assignment. Neither party may directly or indirectly assign, transfer, or delegate any of or all of its rights or obligations under this Agreement, voluntarily or involuntarily, including by change of control, merger (whether or not such party is the surviving entity), operation of law, or any other manner, without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors, and permitted assigns, there are no third-party beneficiaries under this Agreement (including Members).

20. Miscellaneous. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, will survive such expiration or termination for the period specified therein, or if nothing is specified for a period of 12 months after such expiration or termination. This Agreement may be executed in counterparts.

21. Dispute Resolution. Any proceedings to enforce the terms of this Agreement shall be commenced solely in the Superior Court for the State of California in the County within which the Member is located, or, if the court lacks jurisdiction over the subject matter, in the United States District Court for the Eastern District of California.

22. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of RMA to make payments to Service Provider under the Payment Agreement), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within 10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue.

The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of ten (10) consecutive days following written notice given by it under this Section, either party may thereafter terminate this Agreement upon 10 days' written notice.
[SIGNATURE PAGE FOLLOWS]
Exhibit B
8 ResoluteGuard Service Agreement 2022
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date by their respective officers thereunto duly authorized.

RESOLUTEGUARD LLC
By__________________________________
Name: Jeffrey Schobel
Title: CEO
[CSJVRMA Member]
By___________________________________
Name:

Title:

Exhibit B
9 ResoluteGuard Service Agreement 2022

EXHIBIT A

Cyber-insurance Action Plan (CAP) and Assessments Results Web Meeting to review CAP and Assessment Results
Provides fact-based recommendations and responses to Insurance Questionnaire Step by Step Action Plans prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Align Policy and Solution Activities
Review Assessment Reports
Prioritize Network Action Plan by risk of potential loss occurrence Network Management Plan
-User-Friendly Detailed Remedial Actions
Consolidated Risk Report
-Network Security Summary
-Create Inventory Management Summary
-Establish Network Documentation
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity, and more Policies and Procedures
Per insurance and NIST Requirements
Prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy creation and Solution Activities
Exhibit B
10 ResoluteGuard Service Agreement 2022
Each Subsequent 90 Day Comprehensive Internal/External Assessment Cyber-insurance Action Plan (CAP) and Assessment Results Web Meeting to review CAP and Assessment Results
Step by Step Action Plans re-prioritized by risk of loss occurrence -User Assignment
-Help/Support Documentation
-Re-align Policy and Solution Activities
Review Assessment Reports
Re-prioritize Network Action Plan by risk of potential loss occurrence -Review Change and Progress Reports
Network Management Plan
-User-Friendly Detailed Remedial Actions
-Change and Progress
Consolidated Risk Report
-Network Security Summary
-Updated Inventory Management Summary
-Updated Network Documentation
-Change and Progress
Review Excel Export
-Server Aging Report
-Workstation Aging Report
-Includes: Discovery Tasks, User Information, Disc Capacity & more -Change and Progress
Policies and Procedures
Per insurance and NIST-CSF Requirements
Re-prioritize Policy Action Plan for Documenting Best Practices -Support for modifying policy templates
-Align Policy Creation and Solution Activities
NIST CSF Compliance
Continue to Fill out additional questionnaires to achieve full NIST-CSF Compliance -Complete Inventory worksheet
-Complete User Access worksheet
-Complete External Port Use worksheet
-Complete NIST Category worksheets-Identify; Protect; Detect; Respond; Recover Exhibit B

REPORT TO THE CITY COUNCIL
Approved by:

Council Meeting of: September 21, 2022
_________________________________ Agenda Number:

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

Madera Municipal Code (MMC) Ordinance Text Amendment relating to Wireless Facilities on Private Property and a Small Wireless Facilities in the Public Rights-of-Way Policy RECOMMENDATION:

Conduct a public hearing and introduce for first reading by title only and waive the full reading of:

1. A Regulatory Ordinance Adding Chapter 9 to Title X of the Madera Municipal Code Relating to Wireless Facilities on Private Property

2. Adoption of City Council Resolution adopting a Small Wireless Facilities Policy in the Public Rights-of-Way

3. Adoption of a Categorical Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act.

BACKGROUND:

At its July 26, 2022 meeting the City’s Planning Commission (Commission) voted unanimously by a 6-0 (1 absent) vote to:
 Recommend OTA 2020-02 to Council;
 Adopted Resolution No. 1930 to recommend the Ordinance and that the Council also adopt a Small Wireless Facilities policy in the Public Rights-of-Way; and  That the Council adopt a Categorical Exemption pursuant to Section 15061(3)(b) the General Rule Exemption of the California Environmental Quality Act.

C-1
Table 1: Project Overview
Project: OTA No. 2020-02
Location: Citywide
Project Area: Citywide
Zoning District: The project potentially affects all zoning districts in the City

SUMMARY:

Since the 1990s the advent of wireless communications has exploded and has created a steady stream of locational issues for both wireless companies and municipal governments. The wireless companies are constantly seeking to better service coverage and seeking to upgrade technology.

This results in a constant stream of land use entitlement issues for the City. Currently wireless projects are reviewed under Chapter 3 Section 10-03.419 of the Madera Municipal Code (MMC) which has not been amended in many years and new and/or amended regulations are needed to be consistent with Federal and State telecommunications law. In 2021, the City retained Telecom Law Firm PC to develop regulations that would be consistent with Federal and State Law and assist with its large volume of wireless projects.

The City has a high level of wireless project applications and is trying to regulate them with an outdated ordinance. Staff, in conjunction with the Telecom Law Firm PC, have drafted Ordinance and Public Rights-of-Way Policy that will make Madera’s Wireless Facilities standards consistent with the most recent Federal and State Case Law and provide more defensible regulations to staff to regulate Wireless Facilities (refer to Attachments 2 and 3, respectively).

Federal and State Case Law
On September 26, 2018, the Federal Communications Commission (FCC) adopted new rules (Small Cell Order) that preempted certain zoning and land-use regulations over “small wireless facilities” (or small cells) as defined by the FCC. These rules, which became fully effective on April 15, 2019, are part of larger rulemaking that aims to reinterpret provisions in the Federal Telecommunications Act of 1996, related to actual and effective prohibitions on wireless and other telecommunications infrastructure deployments. The Small Cell Order implements industry demands for the purpose of accelerating the deployment of small wireless facilities, and to remove alleged barriers posed by local fees and zoning requirements.

In October 2018, coalitions of local governments and municipal organizations from across the country filed challenges against the Small Cell Order. These petitions for judicial review have been consolidated in the Ninth Circuit Court of Appeals, but the rules remain in effect unless the Ninth Circuit vacates all or certain portions of the Small Cell Order.

The following is an overview of the applicable state and federal limits of the City’s authority to regulate wireless facilities, followed by a more thorough explanation of each:

1. The Federal Telecommunications Act of 1996

2. The FCC Small Cell Order

3. Applicable California Law

4. Current Wireless Regulatory Codes in Madera

1. THE FEDERAL TELECOMMUNICATIONS ACT OF 1996
In 1996, Congress adopted the Federal Telecommunications Act to, among other things, preserve state and local government land use authority, while encouraging and facilitating the deployment of small wireless service facilities. Local governments retain all traditional zoning authority, except that local regulations cannot:

A. Prohibit or effectively prohibit personal wireless services; B. Unreasonably discriminate among functionally equivalent services; or C. Regulate based on environmental impacts from radiofrequency (RF) emissions.

In addition, local decisions must be made within a reasonable time, and any denial requires a written decision based on substantial evidence in the written record.

More recently, in 2009, the FCC defined a “presumptively reasonable” time for application review as 90 days for collocations and 150 days for non-collocations, after which time the applicant may seek expedited judicial review. The FCC recently adopted new rules with respect to small wireless facilities that dramatically shorten the applicable time limits, called “shot clocks,” and impose new limitations on local regulations:
 60 days for collocations and
 90 days for non-collocations.

2. THE FCC SMALL CELL ORDER
On September 26, 2018, the FCC adopted the Small Cell Order, which further limits local government authority to regulate small wireless facilities as defined by the FCC. The rules require the City review applications for small cells faster and in a manner consistent with the FCC’s national standard for an effective prohibition of personal wireless services.

As a general rule, a local regulation constitutes an effective prohibition if it materially inhibits or limits the ability of a competitor or potential competitor to compete in a fair and balanced legal and regulatory environment. In the context of aesthetic regulations, the FCC further provides that a local small-cell regulation causes an effective prohibition, unless the regulation is:

A. Reasonable;
B. No more burdensome than regulations imposed on other infrastructure deployments; C. Objective; and
D. Published in advance.

Reasonable regulations are those that are technically feasible and reasonably directing to avoid or remedy the “intangible public harm” (as described by the FCC) of unsightly or out-of-character deployments. Although the FCC declared the minimum spacing or undergrounding requirements would potentially violate the new criteria, it provided little guidance as to the scope of specific local regulations that would likely be considered to be preempted. The regulations mean that the City may not prohibit placement of small cells within the public right-of-way or on publicly owned and operated utility poles, but can prescribe reasonable standards for their placement and design.

The FCC also imposed limits on local fees for permit applications and small cell attachments on municipal owned infrastructure. The Small Cell Order requires all local fees to be a reasonable approximation of the City’s objectively reasonable costs, and such fees are charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable “safe harbor” fee amounts that would be safe from challenge. For one-time permit fees, the amount is equal to $100 per site for attachments to existing structures and $1,000 per site for attachments to new structures. For annual recurring license fees for small cell attachments to City-owned poles, the FCC provides a presumptively reasonable fee of $270. A city that charges more than safe harbor amounts would have the burden of justifying that its fee is cost-based under the standard described above.

The 60 and 90 day time limits for small wireless facilities require local governments to do more in less time than previously allowed prior to the Small Cell Order. The time limits now expressly encompass all siting authorizations necessary for the deployment, including the pole licensing process, all permits required for the applicant to construct the facility, and any administrative appeals. Failing to act within the applicable time limits establishes a presumption that the City intended to effectively prohibit the provision of services, the remedy for which would be an injunction to issue shovel-ready permits.

3. APPLICABLE CALIFORNIA LAW
With respect to the public right-of-way, California law grants telephone corporations registered with the California Public Utilities Commission (CPUC) a limited right to use public roads in a manner that does not inconvenience the public use of the right-of-way. This right to use the public right-of-way is subject to local governments reasonable time, place and manner regulations. Both federal and state courts hold that California preserves local authority to regulate against both physical obstructions and aesthetic impacts. Although state law generally preserves local aesthetic authority, municipalities must reconcile their authority within the limitations of the Small Cell Order.

4. CURRENT WIRELESS REGULATORY CODES IN MADERA
Current wireless projects are regulated under Chapter 3 Section 10-3-419 of the MMC. This Section is no longer responsive to the above-mentioned regulations and are proposed to be replaced with the staff recommended actions.

PROPOSED AMENDMENTS:

Changes to the MMC and adoption of a policy by resolution are proposed. The proposed changes consist of adding the following chapter and policy:
 Title X, Chapter 9 (Wireless Facilities)
 Small Wireless Facilities in Public Rights-of-Way Policy The following provides a summary of the proposed amendments.

1. Regulatory Ordinance (Chapter 9 of Title X)
The proposed ordinance will regulate wireless facilities on private property. The ordinance outlines and codifies the process for obtaining a permit to locate and operate a wireless facility. While the ordinance provides exhaustive details, a summary is as follows:

Preferred locations
All applicants must to the extent technically feasible and potentially available, propose new facilities in a preferred location. No alternative sites analysis is required for new stealth facilities proposed in a preferred location. For all other new facilities, the approval authority shall consider whether any more preferred locations would be technically feasible or potentially available. The following locations are all “preferred” and ordered from most preferred to least preferred:

A) Industrial zones;
B) Commercial zones;
C) Other non-residential zones;
D) Public Facilities zone when not directly adjacent to residentially zoned parcels; Discouraged Locations
Applicants shall not propose to install wireless facilities in a discouraged location unless no alternative site in a preferred location would be technically feasible. If all preferred locations are technically infeasible, the applicant shall use the least-discouraged location. The following locations are discouraged and ordered from most discouraged to least discouraged:

A) Historic resource zones and/or properties;
B) Residential zones;
C) Public Facilities Zones adjacent to residential zones.

2. Small Wireless Facilities in the Public Rights-of-Way As previously discussed, federal and state case law has necessitated the need for a small wireless facilities public rights-of-way policy. The reason for the policy is that Federal and state wireless case law updates are so frequent it makes sense to have a policy that can be updated more easily than an ordinance.

Like the ordinance a key part of the right-of-way policy is the locational standards as follows:

Location Standards
(A) Locations – to assist applicants, staff and the approval authority understand and respond to the community’s aesthetic preferences and values, this section describes preferred and discouraged locations for small wireless facilities in the public rights-of-way. (1) Preferred Locations: The city requires small wireless facilities in the public rights-ofway to be installed at locations, ordered from most preferred to least preferred, as follows:
(a) Industrial zones along any road classification (arterial, collector, local/branch collector, local street);
(b) Commercial zones along any road classification (arterial, collector, local/branch collector, local street);
(c) Other non-residential zones along arterials or collectors; (d) Other non-residential zones along local/branch collector or local streets; (e) Public Facilities zone not directly adjacent to any residential zones; (2) Discouraged Locations: Applicants shall not propose to install small wireless facilities in a discouraged location unless no alternative site in a preferred location would be technically feasible. If all preferred locations are technically infeasible , the applicant shall use the least discouraged location. The following locations are discouraged and ordered from most discouraged to least discouraged:
(a) Any location within 100 feet of a historically designated property or resource; (b) Residential zones on local streets;
(c) Residential zones along local/branch collectors;
(d) Residential zones along collectors;
(e) Residential zones along arterials;
(f) Public Facilities zone located directly adjacent to residential zones;

Placements
(A) be placed as close as possible to alignment with the property line that’s divides two parcels abutting the public rights-of-way;
(B) not be placed directly in front of any ground-level door; (C) not be directly placed in any first or multi-story window; (D) not be placed within any clear zone at any intersections; (E) not be placed in any location that obstructs view lines for traveling vehicles bicycles and pedestrians
(F) not be placed in any location that obstructs views of any traffic signs or signals; (G) not be placed in any location that obstructs illumination patterns for existing streetlights; (H) For new non-replacement structures, be placed at least 50 feet from any streetlight utility pole or other similar support structure.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

Staff performed a preliminary environmental assessment and determined that the project is exempt pursuant to Section 15061(b)(3) the General Rule of Exception of the California Environmental Quality Act (CEQA). Further, none of the exceptions under Section 15300.2 of the CEQA Guidelines are applicable to this project.

FINANCIAL IMPACT:

Cost associated with the telecommunications ordinance includes the following:
 Contract with Telecom Law Firm, PC totaling $42,700
 Various staff time and City Attorney fees
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

While not specifically addressed, the requested action is consistent with the Vision Madera 2025 Plan; Effective Government Strategy 115 – Ensure sufficient economic resources provide adequate City services and prepare for future growth.

ALTERNATIVES:

The Council may direct staff to return with additional information.

ATTACHMENTS:

1. City Council Ordinance

2. City Resolution Adopting Small Wireless Facilities in the Public Rights-of-Way Policy Exhibit A: City Council Policy on Small Wireless Facilities in the Public Rights-of-Way

3. Planning Commission Resolution No. 1930
Exhibit A: Draft Ordinance of City Council
Exhibit B: Draft Rights of Way Policy
ATTACHMENT 1

ORDINANCE OF THE CITY COUNCIL OF THE MADERA
ADDING CHAPTER 9 TO TITLE X OF THE MADERA MUNICIPAL CODE

RELATING TO WIRELESS FACILITIES
ORDINANCE NO. 2022-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA ADDING CHAPTER 9

TO TITLE X OF THE MADERA MUNICIPAL CODE RELATING TO WIRELESS FACILITIES WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code Section 37100 and other applicable law, the City Council of the City of Madera (“City Council”) may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location and siting of wireless communication facilities, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 253 prohibits state and local requirements that prohibit or effectively prohibit any entity’s ability to provide any telecommunication service but preserves the authority of state and local governments to manage the public right-of-way on a nondiscriminatory basis; and
WHEREAS, Section 7901 of the California Public Utilities Code grants telephone corporations the limited right to use the public right-of-way to the extent necessary to provide services to their customers in a manner that does not incommode the public’s use of the public right-of-way; and WHEREAS, Section 7901.1 of the California Public Utilities Code bolsters the rights reserved to California local governments under Section 7901 and affirms local authority to manage, on a nondiscriminatory basis, the time, place and manner in which telephone corporations access the public right-of-way and deploy their facilities; and
WHEREAS, the City Council finds this ordinance will, to the extent permitted by federal and California state law, protect and promote public health, safety, and welfare, and also balance the benefits that flow from robust, advanced wireless services within the City’s local values, which includes without limitation the aesthetic character of the City, its neighborhoods, and community; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider this ordinance on July 26, 2022, at which time all interested parties had the opportunity to be heard, and after said public hearing, the Planning Commission adopted Resolution No. 1930, recommending that the City Council adopt this ordinance; and
WHEREAS, on August 17, 2022, the City Council held a duly noticed public hearing to consider the adoption of this ordinance.

THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 9 is added to Title X of the Madera Municipal Code to read as follows:

CHAPTER 9: WIRELESS FACILITIES
10-9.01 Purpose and Intent.
10-9.02 Definitions.
10-9.03 Applicability.
10-9.04 Required Permits and Approvals.
10-9.05 Administrative Orders and Regulations.
10-9.06 Permit Applications.
10-9.07 Public Notice.
10-9.08 Approvals, Denials, and Appeals.
10-9.09 Location Standards.
10-9.10 Design Standards.
10-9.11 Standard Conditions of Approval.
10-9.12 Amortization.
10-9.13 Exceptions.
10-9.14 Peer and Independent Consultant Review.
10-9.15 Violations.

Section 10-9.01 PURPOSE AND INTENT.
(A) The city of Madera (the “city”) intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this chapter are intended to, and should be applied to, consistent with federal and state law, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the city’s local values, which include without limitation the aesthetic character of the city, its neighborhoods and community. This chapter is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interest is maintained on a case-by-case basis; (2) protecting the city’s visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (3) protecting and preserving the city’s environmental resources; and (4) promoting access to high-quality, advanced wireless services for the city’s residents, businesses and visitors.
(B) This chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the city may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the city to preempt any applicable federal or California law.

Section 10-9.02 DEFINITIONS.

All references to codified statutes, regulations or other rules shall be deemed to refer to such statutes, regulations or other rules as they may be amended or superseded. (A) “AMATEUR STATION” means the same as defined by the FCC in 47 C.F.R. § 97.3, which defines the term as “a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.” This term includes amateur radio antennas and related facilities used for amateur radio services.
(B) “APPROVAL AUTHORITY” means the city official or body responsible for application review and vested with authority to approve or deny such applications. The approval authority for a conditional use permit shall be the Planning Commission. The approval authority for a site plan review shall be the Director.
(C) “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. (D) “DIRECTOR” means the Community Development Director of the city of Madera or the Director’s designee.
(E) “ELIGIBLE FACILITIES REQUEST” means the same as defined in 47 U.S.C. § 1455(a)(2), and as interpreted by the FCC in 47 C.F.R. § 1.6100(b)(3).
(F) “FCC” means the Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
(G) “HISTORIC RESOURCE” means any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places, the California Register of Historical Resources or any “historic resource” as listed in Table HC-A of the General Plan. The term includes artifacts, records and remains related to or located within such properties.

The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.
(H) “OTARD” means any “over-the-air reception device” subject to 47 C.F.R. §§ 1.4000 et seq., which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
(I) “PERSONAL WIRELESS SERVICE FACILITIES” mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii), which defines the term as facilities that provide personal wireless services. (J) “PERSONAL WIRELESS SERVICES” mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.
(K) “PLANNING COMMISSION” means the Planning Commission of the city of Madera as established by the Madera Municipal Code.
(L) “RF” means radio frequency.
(M) “SECTION 6409” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a). (N) “SHOT CLOCK” means the presumptively reasonable time defined by the FCC in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities.
(O) “SNALL WIRELESS FACILITY” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l). (P) “STEALTH” means concealment techniques that make a wireless facility look like something other than a wireless facility. Stealth concealment techniques include, without limitation: (1) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying support structure and (2) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality.
(Q) “WIRELESS FACILITY” means a personal wireless service facility.

Section 10-9.03 APPLICABILITY.
(A) General. This chapter applies to all requests for the city’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on private property (whether owned by a private party or public entity) within the city’s territorial and jurisdictional boundaries, unless expressly exempted pursuant to this section. (B) Wireless Facilities on City Property. This chapter applies to permit applications for wireless facilities on property or structures owned or controlled by the city; provided, however, that this chapter does not govern whether or under what terms and conditions the city would lease, license or otherwise allow a wireless facility on such property or structures. (C) Small Wireless Facilities. Notwithstanding anything in this chapter to the contrary, all small wireless facilities are subject to a permit as specified in a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All small wireless facilities shall comply with the City Council’s policy. If the City Council policy is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this chapter. (D) Eligible Facilities Requests. Notwithstanding anything in this chapter to the contrary, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 are subject to a City Council policy, which may be adopted, amended and/or repealed by a resolution of the City Council. All eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall comply with the City Council’s policy. If the City Council policy is repealed and not replaced, all eligible facilities requests and other applications submitted for approval pursuant to Section 6409 shall be processed pursuant to this chapter. (E) Other Exemptions. Notwithstanding anything in this chapter to the contrary, this chapter shall not be applicable to the following:
(1) Wireless facilities operated by the city for public purposes; (2) Wireless facilities installed completely indoors or within venues and used to extend personal wireless services into a business or the subscriber’s private residence, such as a femto cell or indoor distributed antenna system;
(3) OTARD antennas;
(4) Antennas and related transmission equipment used in connection with a duly authorized amateur station; or
(5) Wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D.

Section 10-9.04 REQUIRED PERMITS AND APPROVALS.
(A) Site Plan Review. A site plan review, subject to the Director’s prior review and approval, is required for all wireless facilities that are located in preferred locations as described in § 10-9.09 and compliant with all applicable design standards in § 10-9.10. (B) Conditional Use Permit. A conditional use permit, subject to the Planning Commission’s prior review and approval, is required for all wireless facilities on private property that are located in discouraged locations as described in § 10-9.09, and do not qualify for site plan review, or require an exception under § 10-9.13.
(C) Other Permits and Regulatory Approvals. In addition to any permit or approval required under this chapter, the applicant must obtain all other permits and regulatory approvals (such as compliance with the California Environmental Quality Act or Madera County Airport Land Use Commission requirements) as may be required by any other federal, state or local government agencies, which includes without limitation any other permits and/or approvals issued by other city departments or divisions. Any permit or approval granted under this chapter or deemed granted or deemed approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals. Furthermore, and to avoid potential confusion, an exemption from the permit requirement under § 10-9.03(E) does not exempt the same wireless facilities from any other permits or approvals required, which includes without limitation any ministerial permits from the city.

Section 10-9.05 ADMINISTRATIVE ORDERS AND REGULATIONS.

In addition to the requirements in this chapter, the Director may adopt such orders or regulations as the Director deems necessary or appropriate to protect and maintain public health, safety, welfare and/or convenience. All wireless facilities must conform to all applicable orders and regulations issued by the Director, unless the Director, in the Director’s discretion, grants a prior written waiver to deviate, in whole or in part, any such order or regulation. The Director shall develop and publish guidelines to implement the waivers authorized by this section.

Section 10-9.06 PERMIT APPLICATIONS.
(A) Application Required. The approval authority shall not approve any requests for authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities except upon a complete and duly filed application consistent with this section and any other written rules or requirements the city or the Director may establish from time to time in any publicly stated format.
(B) Application Fee. The applicant shall submit the applicable permit application fee adopted by City Council resolution. If no permit application fee has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the City for its reasonable costs incurred in connection with the application. Should the deposit be inadequate an additional deposit shall be required. If the deposit exceeds the actual costs, the difference will be returned to the applicant. (C) Application Content. All applications for a permit must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this chapter. All such requirements must be in written form and publicly stated to provide applicants with prior notice. Notwithstanding anything in this chapter to the contrary, all applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions.
(D) Application Submittal. Unless the Director establishes an alternative submittal procedure pursuant to § 10-9.05, all applications must be submitted to the city at a pre-scheduled appointment with the department. Applicants may generally submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The department shall use reasonable efforts to provide the applicant with an appointment within five working days after the department receives a written request and, if applicable, confirms that the applicant complied with the pre-submittal conference requirement.

Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed. (E) Optional Pre-Submittal Conference. The city shall provide prospective applicants with the opportunity to schedule and attend a pre-submittal conference with city staff. The city encourages pre-submittal conferences for all proposed projects that require a conditional use permit. The presubmittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing wireless facility, such as compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments and/or divisions responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The city shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference. (F) Optional Community Meetings. The city encourages, but does not require, applicants to schedule, notice, arrange, and attend a voluntary pre-submittal community meeting with all interested members of the public for applications that require a conditional use permit. This voluntary community meeting does not cause the shot clock to begin and is intended to give applicants the opportunity to hear from members of the public regarding the proposed deployment. Applicants should schedule any voluntary community meetings at times and in locations that are conducive to maximizing public participation. Applicants are encouraged (but not required) to bring any draft applications, plans, maps, presentations or other materials to facilitate the public’s understanding of the applicant’s proposal. Applicants are also encouraged (but not required) to maintain minutes or a comment log of the community meeting. The City seeks to encourage dialogue that may allow applicants to address areas of concern. Community meetings may be conducted before or after submittal.
(G) Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the department within 90 calendar days after the department deems the application incomplete in a written notice to the applicant.

The Director, in the Director’s discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.

Section 10-9.07 PUBLIC NOTICE.
(A) Public Hearing Notice. Notice of public hearing shall be given in accordance with § 10-3.1306 of this chapter for any conditional use permit application. (B) Decision Notices. Within five calendar days after the approval authority acts on an application governed under this chapter or before the shot clock expires (whichever occurs first), the Director shall send a written notice to the applicant. If the approval authority denies the application (with or without prejudice), the written notice to the applicant must contain the reasons for the denial.

All decision notices shall include instructions for how and when to file an appeal.

Section 10-9.08 APPROVALS, DENIALS AND APPEALS.
(A) Required Findings. The approval authority may approve wireless facility applications only when the approval authority makes all the following findings:
(1) the proposed wireless facility is in a preferred location; or the proposed wireless facility is in a discouraged location and the applicant has demonstrated through a meaningful comparative analysis that no more preferred location or support structure would be technically feasible and potentially available;
(2) the proposed wireless facility complies with all applicable development standards in this chapter and any other applicable findings required for the approval, such as § 10-3.1307(B) of this chapter (conditional use permits) or § 10-3.4.0106 of this chapter (site plan review); (3) the applicant has provided a signed statement that indicates its willingness to allow other carriers and site operators to collocate transmission equipment with the proposed wireless facility whenever technically feasible and aesthetically desirable in accordance with applicable provisions in this chapter; and
(4) the applicant has demonstrated that the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions and will not, either individually or cumulatively with other transmitters in the vicinity, result in RF exposures that exceed the FCC’s maximum permissible exposure level for the general population.
(B) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or state laws, nothing in this chapter is intended to limit the approval authority’s ability to conditionally approve or deny without prejudice any application governed under this chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, the Madera Municipal Code, or this chapter.
(C) Appeals. Within 10 days after the approval authority approves or denies any application under this chapter, any interested person may file an appeal in accordance with the provisions in § 10-

3.1309 of this chapter for use permits or §§ 10-3.4.0116 and 10-3.4.0117 of this chapter for site plan review; provided, however, that (1) the notice provisions in this chapter shall control over those in § 10-3.1309 of this chapter and (2) appeals from an approval shall not be permitted when based solely on the environmental effects from RF emissions that are compliant with applicable FCC regulations and guidelines.

Section 10-9.09 LOCATION STANDARDS.
(A) Locations. To assist applicants, staff and the approval authority understand and respond to the community’s aesthetic preferences and values, this subsection describes preferred and discouraged locations for wireless facilities.
(1) Preferred Locations. All applicants must, to the extent technically feasible and potentially available, propose new facilities in a preferred location. No alternative sites analysis is required for new stealth facilities proposed in any preferred location. For all other new facilities, the approval authority shall consider whether any more preferred location would be technically feasible or potentially available. The following locations are all “preferred” and ordered from most preferred to least preferred:
(a) industrial zones;
(b) commercial zones;
(c) other non-residential zones;
(d) Public Facilities zone when not directly adjacent to residentially zoned parcels. (2) Discouraged Locations. Applicants shall not propose to install wireless facilities in a discouraged location unless no alternative site in a preferred location would be technically feasible. If all preferred locations are technically infeasible, the applicant shall use the leastdiscouraged location. The following locations are discouraged, and ordered from most discouraged to least discouraged:
(a) historic resource zones and properties;
(b) Public Facilities zone when directly adjacent to residentially zoned parcels; (c) residential zones.
(B) Support Structures. To assist applicants, staff and the approval authority understand and respond to the community’s aesthetic preferences and values, and to mitigate the impact of wireless infrastructure deployment, the city requires wireless facilities to be installed on support structures, ordered from most preferred to least preferred, as follows:
(1) existing structures with existing wireless facilities; (2) existing rooftops;
(3) existing building façades, signs, water tank/towers, field lights, or other non-tower structures; (4) new freestanding structures outside the public rights-of-way.

To the extent that a proposed support structure is not included in this list, the Director may, in the Director’s discretion, determine the level of preference for such structure consistent with the goals and purpose of this subsection.

Section 10-9.10 DESIGN STANDARDS.
(A) Concealment. All wireless facilities must be concealed to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
(B) Overall Height. All wireless facilities must be compliant with maximum overall height limits applicable to structures on the underlying parcel; provided, however, that a stealth wireless facility may exceed the applicable height limit by not more than 10 feet. (C) Setbacks. All wireless facilities must be compliant with all setback requirements applicable to structures on the underlying parcel.
(D) Fall Zone. All freestanding towers outside the public rights-of-way must be setback from habitable structures approved for residential occupancy by a distance equal to the tower height. The approval authority may waive the setback requirement for freestanding towers that meet Class 3 structural standards for critical infrastructure as defined in the most current revision of the ANSI/TIA-222 Structural Standard for Antenna Supporting Structures, Antennas and Small Wind Turbine Support Structures.
(E) Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in the Madera Municipal Code. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/or noisemitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
(F) Landscaping. All wireless facilities proposed to be placed in a landscaped area must include landscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The approval authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this section. All plants proposed or required must be native and/or drought resistant. (G) Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall concealment, and the approval authority may condition approval on additional concealment elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape features. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures. (H) Secondary Power Sources. The approval authority may approve secondary or backup power sources and/or generators on a case-by-case basis. The approval authority shall not approve any permanent diesel generators or other similarly noisy or noxious generators in or within 200 feet from any residence; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.
(I) Lights. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations.

All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.
(J) Signage; Decals; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage, decals or advertisements unless expressly approved by the approval authority, required by law or recommended under FCC or other federal governmental agencies for compliance with RF emissions regulations. (K) Future Expansion. To the extent feasible and aesthetically desirable, all new wireless facilities should be designed and sited in a manner that accommodates potential future collocations and other expansions that can be integrated into the proposed wireless facility or its associated structures with no or negligible visual changes to the outward appearance. The approval authority may waive the requirements in this subsection when the approval authority determines future expansions at a proposed wireless facility would be aesthetically undesirable. (L) Utilities. All cables and connectors for telephone, primary electric and other similar utilities must be routed underground to the extent feasible in conduits large enough to accommodate future collocated wireless facilities. To the extent feasible, undergrounded cables and wires must transition directly into the pole base without any external doghouse. Meters, panels, disconnect switches and other associated improvements must be placed in inconspicuous locations to the extent possible. The approval authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost. Microwave or other wireless backhaul is discouraged when it would involve a separate and unconcealed antenna.
(M) Parking; Access. Any equipment or improvements constructed or installed in connection with any wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, wireless facilities should use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements should be the minimum size necessary to reasonably accommodate the proposed use.
(N) Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, City of Madera General Plan and any applicable specific plan, the Madera Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
(O) Towers and Freestanding Wireless Facilities. In addition to all other design requirements in this section, the following provisions shall be applied to an application for a tower or other freestanding wireless facility:
(1) Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its overall visual profile. Applicants must mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat/neutral colors subject to the approval authority’s prior approval. (2) Ground-Mounted Equipment. All ground-mounted equipment must either be concealed underground, or concealed within an existing or new structure, or other enclosure(s) subject to the approval authority’s prior approval. The approval authority may require additional concealment elements as the approval authority finds necessary or appropriate to blend the ground-mounted equipment, enclosure and/or other improvements into the natural and/or built environment.
(3) Monopines. In addition to all other design requirements in this section, the following provisions shall be applied to an application for a monopine:
(a) Shape and Branching. Monopines shall be gradually tapered from bottom to top to resemble the natural conical pine-tree shape, with shorter branches at the top and wider branches at the bottom. All monopines shall include a “crown” or “topper” installed above the monopole to create a natural point at the top. Branches shall begin at no greater than 15 feet above ground level and maintain at least 3.5 branches per vertical foot when averaged between the bottom-most branch and the highest point on the monopole (excluding any “crown” or “topper” installed above the monopole). (b) Overall Height. To maintain a natural appearance, a monopine may not exceed more than 10 feet above the average height of mature natural trees within the vicinity. If the applicant plants new natural trees around the proposed monopine, the approval authority shall consider the future mature height of such trees when evaluating compliance with this standard.
(c) Bark Cladding. The entire tower above any fence line shall be fitted with faux-pine bark cladding, painted or colored with browns or other appropriate earth tones to mimic natural pine bark.
(d) Equipment Concealment. All antennas, accessory equipment, cross arms, hardware, cables and other attachments to the monopine must be painted or colored with flat greens, browns or other appropriate earth tones to blend into the faux pine branches. All antennas, remote radio units, tower-mounted amplifiers and other similar equipment larger than one cubic foot shall be fitted with a faux-pine “sock” with faux-pine needles.

No tower-mounted equipment shall be permitted to protrude beyond the branch canopy such that it would materially alter the tapered pine shape. (e) Material Selection and Approval. All materials and finishes used to conceal the monopine shall be subject to prior approval by the department. Applicants shall use only high-quality materials to conceal the wireless facility. The applicant shall use color-extruded plastics for elements such as the faux-pine needles and faux-bark cladding to prolong the like-new appearance and reduce fading caused by exposure to the sun and other weather conditions.
(P) Building-Mounted Wireless Facilities. In addition to all other design requirements in this section, the following provisions shall be applied to an application for a wireless facility installed on a building rooftop or facade:
(1) Architectural Integration. All applicants should, to the extent feasible, propose new non-tower wireless facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, when integration with existing building features is not feasible, the applicant should propose completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks). Facilities must be located behind existing parapet walls or other existing screening elements to the maximum extent feasible. (2) Rooftop Wireless Facilities. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish. The approval authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.
(3) Facade-Mounted Wireless Facilities. When wireless facilities cannot be placed behind existing parapet walls or other existing screening elements, the approval authority may approve facade-mounted equipment in accordance with this subsection. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The approval authority may not approve “pop-out” screen boxes unless the design is architecturally consistent with the original building or support structure. Except in industrial districts, the approval authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade. To the extent feasible, facade-mounted equipment must be installed on the facade(s) along the building frontage that is the least prominent or publicly visible. (Q) Administrative Design Guidelines. The Director may develop, and from time to time amend, design guidelines consistent with the generally applicable design regulations to clarify the aesthetic and public safety goals and standards in this chapter for city staff, applicants and the public. The design guidelines shall provide more detailed standards to implement the general principals articulated in this chapter and may include specific standards for particular wireless facilities or site locations but shall not unreasonably discriminate between functionally equivalent service providers. The design guidelines, and any subsequent amendments, shall not be effective unless approved by a resolution adopted by the City Council. If a conflict arises between the development standards specified in this chapter and the design guidelines, the development standards shall control.

Section 10-9.11 STANDARD CONDITIONS OF APPROVAL.
(A) Standard Conditions. Except as may be authorized in subsection (B), all wireless facilities approved under this chapter or deemed approved by the operation of law shall be automatically subject to the conditions in this subsection (A) and these conditions shall be deemed to be incorporated by reference to any permit approved or deemed approved by law. (1) Permit Term; Approval Applies to Land. This permit will automatically expire 10 years and one day from its issuance unless California Government Code § 65964(b) authorizes the city to establish a shorter term for public safety or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemedgranted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. This permit shall run with the land and shall be valid for the term specified in these conditions of approval. No change in ownership of the wireless facility, the site, or the subject property shall affect the permit term. This permit may not be transferred to another site or property.
(2) Permit Renewal. The permittee may apply for permit renewal not more than one year before this permit expires. The permittee must demonstrate that the subject wireless facility complies with all the conditions of approval associated with this permit and all applicable provisions in this chapter that exist at the time the decision to renew or not renew is rendered.

The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this chapter or other applicable law. Upon renewal, this permit will automatically expire 10 years and one day from its issuance. (3) Approved Plans. Any final construction plans shall incorporate the permit, together with all conditions of approval and the photo simulations associated with the permit (collectively, the “Approved Plans”). The permittee must construct, install and operate the wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, shall be subject to the Director’s prior review and approval. After the Director receives a written request to approve an alteration, modification or other change to the Approved Plans, the Director may refer the request to the approval authority if the Director finds that it substantially deviates from the Approved Plans or implicates a significant or substantial land-use concern. (4) CPUC GO-159A Certification. Within 15 business days after the city issues this permit, the permittee shall serve copies of California Public Utility Commission notification letters required by CPUC General Order No. 159A to the City Clerk, Director and City Manager. (5) Build-Out Period. This permit will automatically expire 12 months from the approval date (the “Build-Out Period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, support structure or the wireless facility and/or its use.

The permittee may request in writing, and the city may grant in writing, one six-month extension if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for such extension. If the Build-Out Period and any extension finally expire, this permit shall be automatically void but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. (6) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a wireless facility approved under this chapter or deemed-approved by law, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs.
(7) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this permit. At all times, the permittee shall keep the site area free from all litter and debris. The permittee shall regularly inspect the wireless facility to determine whether any maintenance is needed. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism on the wireless facility within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. (8) Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions and any standards, specifications or other requirements identified by the Director (such as, without limitation, those requirements affixed to a building permit). The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws. No failure or omission by the city to timely notice, prompt or enforce compliance with any applicable provision in the Madera Municipal Code, this chapter, any permit, any permit condition or any applicable Laws, shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with same. (9) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittees or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site and/or wireless facility. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Madera Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city or other state or federal government agency or official with authority to declare an emergency within the city. The Director may issue a stop work order for any activities that violates this condition in whole or in part. If the Director finds good cause to believe that ambient noise from the wireless facility or related equipment violates applicable provisions in the Madera Municipal Code, the Director, in addition to any other actions or remedies authorized by the permit, the Madera Municipal Code or other applicable laws, may require the permittee to commission a noise study by a qualified professional to evaluate the wireless facility’s compliance. (10) Inspections; Emergencies. The permittee expressly acknowledges and agrees that, upon reasonable prior notice to the permittee, the city’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the wireless facility and related equipment and/or improvements to ensure compliance with this permit and all associated conditions. Notwithstanding the prior sentence, the city’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the city’s officers, officials, staff or other designees while any such inspection or emergency access occurs. (11) Contact Information. At all times relevant to this permit, the permittee shall keep on file with the Director basic contact and site information. This information shall include, but is not limited to, the following: (A) the name, physical address, notice address (if different), direct telephone number and email address for (i) the permittee and, if different from the permittee, the (ii) site operator, (ii) equipment owner, (iii) site manager and (iv) agent for service of process; (B) the wireless facility’s site identification number and/or name used by the permittee and, to the extent applicable, site operator, equipment owner and site manager; and (C) a toll-free telephone number to the wireless facility’s network operations center where a live person with power-down control over the wireless facility is available 24 hoursper-day, seven days-per-week. Within 10 business days after a written request by the city, the permittee shall furnish the Director with an updated form that includes all the most-current information described in this condition.
(12) Indemnification. The permittee and, if applicable, the property owner upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, City Council and the city’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all (A) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of this permit, and (B) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this permit or the wireless facility. In the event the city becomes aware of any claims, the city will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the city to approve this permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this permit.
(13) Removal Bond. Before the city issues any permits required to commence construction in connection with this permit, the permittee shall post a bond issued by a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or similar infrastructure removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition. (14) Permit Revocation. Notwithstanding any revocation procedures in Title X, any permit granted under this chapter or deemed approved by the operation of law may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). A permit granted under this chapter or deemed approved by the operation of law may be revoked only by the City Council after a duly notice public hearing. Before any public hearing to revoke a permit granted under this chapter or deemed approved by the operation of law, the Director must issue a written notice to the permittee that specifies (A) the facility; (B) the violation(s) to be corrected; (C) the timeframe in which the permittee must correct such violation(s); and (D) that, in addition to all other rights and remedies the city may pursue, the city may initiate revocation proceedings for failure to correct such violation(s). The City Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.
(15) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the permit application, this permit, the Approved Plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, “Records”). If the permittee does not maintain such Records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing Records will be construed against the permittee. The permittee shall protect all Records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep Records in an electronic format; provided, however, that hard copies or electronic Records kept in the city’s regular files will control over any conflicts between such citycontrolled copies or Records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any Records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.
(16) Abandoned Facilities. The wireless facility authorized under this permit shall be deemed abandoned if not operated for any continuous 12-month period. Within 90 days after a wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Madera Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the city shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the city in connection with such removal and/or restoration activities and shall reimburse the city for all such costs 30 calendar days after a written demand for reimbursement and reasonable documentation to support such costs.
(17) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select plant and maintain replacement landscaping in an appropriate location for the species. Any replacement tree must be substantially the same size as the damaged tree or as otherwise approved by the city. The permittee shall be responsible to maintain any replacement landscape features for a threeyear period after such landscaping has been installed. Notwithstanding anything in this condition to the contrary, the Director may agree in a written agreement signed by the permittee to accept an annual in-lieu fee to perform the maintenance work on the permittee’s behalf.
(18) Cost Reimbursement. The permittee acknowledges and agrees that (A) the permittee’s request for authorization to construct, install and/or operate the wireless facility will cause the city to incur costs and expenses; (B) the permittee shall be responsible to reimburse the city for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the wireless facility; (C) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the city for all such costs 30 calendar days after a written demand for reimbursement and reasonable documentation to support such costs; and (D) the city shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the city by the permittee. (19) Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the city and permittee and their respective successors and assigns.
(20) Truthful and Accurate Statements. The permittee acknowledges that the city’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the city in connection with the permit or the wireless facility, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading. (21) City’s Standing Reserved. The city’s grant or grant by operation of law of a permit pursuant to this chapter does not waive, and shall not be construed to waive, any standing by the city to challenge any (A) FCC rules or regulations that interpret the Telecommunications Act and/or Section 6409 of the Spectrum Act or (B) any permit issued pursuant to this chapter. (22) Severable Conditions. If any provision in these conditions or such provision’s application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (A) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; (B) all other provisions in this permit or their application to any person, entity or circumstance will not be affected; and (C) all other provisions in this permit or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law. (B) Modified Conditions. The City Council authorizes the Director to modify, add or remove conditions to any permit as the Director deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in subsection (A) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment needed for compliance with this chapter, generally applicable health and safety requirements and/or any other applicable laws.

Section 10-9.12 AMORITIZATION.

Any nonconforming wireless facilities in existence at the time this chapter becomes effective must be brought into conformance with this chapter in accordance with the amortization schedule in this chapter.

As used in this section, the “fair market value” will be the construction costs listed on the building permit or application for the subject wireless facility and the “minimum years” allowed will be measured from the date on which this chapter becomes effective.

Fair Market Value
on Effective Date
Minimum Years
Allowed
less than $50,000………………………………….5
$50,000 to $500,000……………………………..10
greater than $500,000…………………………...15
The Director may grant a written extension to a date certain when the wireless facility owner shows (1) a good faith effort to cure non-conformance; (2) the application of this section would violate applicable laws; or (3) extreme economic hardship would result from strict compliance with the amortization schedule. Any extension must be the minimum time period necessary to avoid such extreme economic hardship. The Director may not grant any permanent exemption from this section.

Nothing in this section is intended to limit any permit term to less than 10 years for any permit granted on or after January 1, 2007. In the event that the amortization required in this section would reduce the permit term to less than 10 years for any permit granted on or after January 1, 2007, then the minimum years allowed will be automatically extended by the difference between 10 years and the number of years since the city granted such permit. Nothing in this section is intended or may be applied to prohibit any collocation or modification covered under 47 U.S.C. § 1455(a) on the basis that the subject wireless facility is a legal nonconforming wireless facility.

Section 10-9.13 EXCEPTIONS.
(A) Preface. The provisions in this section establish a procedure by which the city may grant an exception to the standards in this chapter but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in subsection (B) in addition to the findings required under § 10-9.08.

Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance. (B) Findings for an Exception. The approval authority may grant an exception to any provision or requirement in this chapter only if the approval authority finds that:
(1) a denial based on the application’s noncompliance with a specific provision or requirement would violate federal law, state law or both; or
(2) a provision in this chapter, as applied to the applicant, would violate any rights or privileges conferred on the applicant by federal or state law.
(C) Scope of Exception. If the approval authority finds that an exception should be granted, the exception shall be narrowly tailored so that the exception deviates from this chapter to least extent necessary for compliance with federal or state law. (D) Burden of Proof. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for an exception.

Section 10-9.14 PEER AND INDIVIDUAL CONSULTANT REVIEW.
(A) Authorization. The City Council authorizes the Director to, in the Director’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Director in connection any permit application. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include without limitation: (1) permit application completeness and/or accuracy; (2) pre-construction planned compliance with applicable regulations for human exposure to RF emissions; (3) post-construction actual compliance with applicable regulations for human exposure to RF emissions; (4) whether and to what extent a proposed project will comply with applicable laws; (5) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the city’s discretion to review; and (6) any other issue identified by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals and attend meetings with city staff and/or the applicant.
(B) Cost Reimbursement. Subject to applicable laws, the applicant shall be responsible for the reasonable costs actually incurred by the city in connection with a consultant’s review, which may include, without limitation, costs incurred by the consultant to attend and participate in any meetings or hearings related to the application. Within a reasonable time after notice from the Director, the applicant shall deposit funds in an amount equal to the estimated costs for the consultant’s services, as determined by the Director. The funds shall be applied to the consultant’s invoices as such invoices are approved by the Director. If the deposit exceeds the total costs for the consultant’s services, the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection. If the reasonable costs for the consultant’s services exceed the deposit, the Director shall invoice the applicant for the balance. The city shall not issue any building permit or other construction permit to any applicant with any unpaid invoices.

Section 10-9.15 VIOLATIONS.

Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Title I, Chapter 9 of the Municipal Code, abatement pursuant to §§ 10-3.1601 et seq. of this chapter, California Code of Civil Procedure § 731, or any other remedy available to the city.

Section 10-9.16 CONFLICTING PROVISIONS.

To the extent, that any provisions in the Madera Municipal Code Section 10.3.419 are inconsistent with this chapter, this chapter shall prevail.

SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, phrase or term (each a “Provision”) in this ordinance or Madera Municipal Code Title X, Chapter 9, or any Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision’s application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this ordinance and Madera Municipal Code Title X, Chapter 9, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional.

SECTION 3. CEQA. If this ordinance qualifies as a “project” subject to California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This ordinance adds regulations related to wireless facilities in a manner that complies with federal regulations. This ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new wireless facility or change to an existing wireless facility would be subject to additional environmental review on a case-bycase basis. Accordingly, the City Council finds that this ordinance is exempt from CEQA under the general rule.

SECTION 4. Effective Date. This ordinance shall become effective thirty days after its adoption.

SECTION 5. Publication. The City Clerk is authorized to cause this ordinance or a summary of this ordinance to be published in a newspaper of general circulation in the City of Madera, within fifteen days after its adoption. If a summary of the ordinance is published, the City Clerk shall cause a certified copy of the full text of the proposed ordinance to be posted at City Hall at least five days prior to the meeting at which the ordinance is adopted and again after the meeting at which it is adopted. The ordinance shall become effective thirty days after its adoption.
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ATTACHMENT 2

RESOLUTION OF THE CITY COUNCIL OF THE MADERA

ADOPTING SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY POLICY

Page 1 of 3 ends

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING A POLICY ON

SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY
WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code Section 37100 and other applicable law, the City Council of the City of Madera (“City Council”) may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B), preserves local government zoning authority as it relates to location and siting of wireless communication facilities, but limits local regulations in three key ways: (1) a local ordinance may not unreasonably discriminate among providers of functionally equivalent services; (2) a local ordinance may not prohibit or effectively prohibit service; and (3) a local ordinance may not regulate based on environmental impacts from radio frequency emissions; and
WHEREAS, the federal Telecommunications Act of 1996, 47 U.S.C. § 253 prohibits state and local requirements that prohibit or effectively prohibit any entity’s ability to provide any telecommunication service but preserves the authority of state and local governments to manage the public right-of-way on a nondiscriminatory basis; and
WHEREAS, Section 7901 of the California Public Utilities Code grants telephone corporations the limited right to use the public right-of-way to the extent necessary to provide services to their customers in a manner that does not incommode the public’s use of the public right-of-way; and WHEREAS, Section 7901.1 of the California Public Utilities Code bolsters the rights reserved to California local governments under Section 7901 and affirms local authority to manage, on a nondiscriminatory basis, the time, place and manner in which telephone corporations access the public right-of-way and deploy their facilities; and
WHEREAS, on September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the “Small Cell Order”), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. The Small Cell Order set forth limitations on state and local government regulation of small cell wireless facilities that are placed on vertical infrastructure such as utility poles and street light standards located in the public rights-of-way. The Small Cell order: (1) limited the level of local permitting and discretion; (2) established “shot clock” rules (e.g., time limits and deadlines) for processing action on local permits; and (3) limited the fees that can be charged for the facilities. The Small Cell Order further established that any aesthetic regulations and fees required for processing small wireless facilities be published in advance; and WHEREAS, on _____________________, the City Council adopted Ordinance No. _______ adding Chapter 9 to Title X of the Madera Municipal Code relating to wireless facilities; and

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WHEREAS, Ordinance No. __________ provides that all small wireless facilities, as defined by the FCC in 47 C.F.R. § 1.6002(l), proposed in the public rights-of-way are subject to a City Council policy adopted pursuant to a City Council resolution.

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

SECTION 1. Findings. The City Council finds that: (a) the facts set forth in the recitals in this Resolution are true and correct and incorporated by reference; (b) the recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Resolution; (c) the provisions in this Resolution are consistent with the General Plan, Municipal Code and applicable federal and state law; and (d) this Resolution will not be detrimental to the public interest, health, safety, convenience or welfare.

SECTION 2. Policy Adopted. The City Council hereby adopts the City Council Policy on Small Wireless Facilities in the Public Rights-of-Way attached hereto and incorporated herein by this reference at Exhibit A (the “Policy”).

SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, phrase or term (each a “Provision”) in this Resolution or Policy, or any Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision’s application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this Resolution and Policy, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional.

SECTION 4. CEQA. If this Resolution qualifies as a “project” subject to California Environmental Quality Act (“CEQA”) Guidelines § 15378 and California Public Resources Code § 21065, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This Resolution adopts the Policy in a manner that complies with federal regulations. This Resolution does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new wireless facility or change to an existing wireless facility would be subject to additional environmental review on a case-bycase basis. Accordingly, the City Council finds that this Resolution is exempt from CEQA under the general rule.

SECTION 5. Effective Date. This Resolution shall not become effective unless and until Ordinance No. ________ becomes effective.

SECTION 6. Publication. The City Clerk is hereby directed to cause this Resolution or summary of this Resolution to be posted and/or published in the manner required by applicable law.

Attachments:

Exhibit A – City Council Policy on Small Wireless Facilities in the Public Rights-of-Way * * * * *

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EXHIBIT A
City Council Policy on Small Wireless Facilities in the Public Rights-of-Way CITY OF MADERA POLICY NO.

Adopted:

Small Wireless Facilities in the Public Rights-of-Way

CONTENTS

1. PURPOSE AND INTENT.......................................................................................... 2

2. DEFINITIONS........................................................................................................... 3

3. APPLICABILITY........................................................................................................ 5

4. REQUIRED PERMITS AND APPROVALS............................................................... 6

5. ADMINISTRATIVE ORDERS AND REGULATIONS ................................................ 7

6. PERMIT APPLICATIONS......................................................................................... 7

7. PUBLIC NOTICE ...................................................................................................... 9

8. APPROVALS; DENIALS; APPEALS ........................................................................ 9

9. LOCATION STANDARDS ...................................................................................... 10

10. DESIGN STANDARDS........................................................................................ 13

11. PRE-APPROVED DESIGNS............................................................................... 20

12. STANDARD CONDITIONS OF APPROVAL....................................................... 20

13. EXCEPTIONS ..................................................................................................... 29

14. PEER REVIEW AND INDEPENDENT CONSULTANTS..................................... 29

15. VIOLATIONS....................................................................................................... 30 APPENDIX A – FEDERAL STATUTES......................................................................... 31 APPENDIX B – FCC REGULATIONS........................................................................... 34 APPENDIX C – STATE STATUTES ............................................................................. 45 page 2 / 45

1. PURPOSE AND INTENT
(a) The City of Madera (the “City”) intends this policy to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the city’s territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this policy are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the city’s local values, which include without limitation the aesthetic character of the city, its neighborhoods and community. This policy is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interests is maintained; (2) protecting the city’s visual character from potential adverse impacts and/or visual blight created or exacerbated by small wireless facilities and related communications infrastructure; (3) protecting and preserving the city’s environmental resources; (4) protecting and preserving the city’s public rights-ofway and municipal infrastructure located within the city’s public rights-of-way; and (5) promoting access to high-quality, advanced wireless services for the city’s residents, businesses and visitors.
(b) This policy is intended to establish clear procedures for application intake and completeness review. The City Council finds that chronically incomplete applications significantly contribute to unreasonable delay and create barriers to infrastructure deployment. Chronically incomplete applications unfairly prejudice other applicants who may be prepared to submit complete applications for infrastructure in the same or substantially the same location. Chronically incomplete applications also unfairly prejudice the city’s ability to act on such applications within the “presumptively reasonable” timeframes established by the FCC. The provisions in this policy afford applicants and city staff opportunities for direct, real-time communication about completeness issues to mitigate incomplete applications prior to submittal. The provisions in this policy also encourage applicants to timely respond to incomplete notices.
(c) This policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity’s ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions; (5) prohibit any collocation or modification that the city may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or page 3 / 45
anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the city to preempt any applicable federal or California law.

2. DEFINITIONS
All references to codified statutes, regulations or other rules shall be deemed to refer to such statutes, regulations or other rules as they may be amended or superseded. (a) “Accessory Equipment” means equipment other than antennas used in connection with a small wireless facility. The term includes “transmission equipment” as defined by the FCC in 47 C.F.R. § 1.6100(b)(8). (b) “Amateur Station” means the same as defined by the FCC in 47 C.F.R. § 97.3, which defines the term as “a station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications.” This term includes amateur radio antennas and related facilities used for amateur radio services. (c) “Antenna” means same as defined by the FCC in 47 C.F.R. § 1.6002(b). (d) “Approval Authority” means the city official or body responsible for application review and vested with authority to approve or deny such applications. (e) “Arterial” means a street which provides the principle network for traffic flow in the community, connecting areas of major activity to each other and to state highways and important County roads. Arterials will generally include up to four lanes (two in each direction), although total widths of six lanes may be appropriate in some locations. To reduce traffic interruptions and improve safety, direct access via driveways is generally not permitted. The term “arterial” as used in this policy is defined in the Circulation and Infrastructure Element of the General Plan at Policy CI-3. For purposes of this policy, the streets in the Madera Loop and state highways over which the city exercises jurisdiction qualify as arterials. (f) “City Engineer” means the city of Madera City Engineer or the City Engineer’s designee.
(g) “Collector” means a street which provides access and movement between residential, commercial, and industrial areas. The primary function of collector streets is to collect and distribute traffic between local streets and the arterial roadway system. Collectors will generally include up to four lanes (two in each direction). To reduce traffic interruptions and improve safety, direct access via driveways is generally not permitted. The term “collector” as used in this policy is defined in the Circulation and Infrastructure Element of the General Plan at Policy CI-3.
(h) “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g). page 4 / 45
(i) “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. (j) “Decorative Pole” means any pole that includes decorative or ornamental features, design elements and/or materials for aesthetic purposes. (k) “Director” means the Community Development Director of the city of Madera or the Director’s designee.
(l) “Eligible Facilities Request” means the same as defined in 47 U.S.C. § 1455(a)(2), and as interpreted by the FCC in 47 C.F.R. § 1.6100(b)(3). (m) “FCC” means the “Federal Communications Commission”, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.
(n) “Historic Resource” means any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places, the California Register of Historical Resources or any “historic resource” as listed in Table HC-A of the General Plan. The term includes artifacts, records and remains related to or located within such properties. The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.
(o) “Local/Branch Collector” means a single lane street which collects traffic from local streets and feed into the collector and arterial system. Design speeds are lower than for Collector roadways (potentially through the use of meanders, roundabouts, narrower road sections, etc.). To reduce traffic interruptions and improve safety, direct access via driveways is generally not permitted. The term “local/branch collector” as used in this policy is defined in the Circulation and Infrastructure Element of the General Plan at Policy CI-3. (p) “Local Street” means a roadway which provides access to individual homes and businesses. Local streets have one lane in each direction. Local streets are shown on the Circulation Map for informational purposes only; the General Plan does not define the desired alignments of local streets. The term “local street” as used in this policy is defined in the Circulation and Infrastructure Element of the General Plan at Policy CI-3.
(q) “Non-Pole Concealment Structure” means a structure within the public rights-ofway, other than a pole, that can be adapted (either in its current form or through a replacement) to conceal antennas and/or accessory equipment for small wireless facilities. Examples may include, without limitation, monuments, kiosks, bus shelters and other street furniture.
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(r) “OTARD” means any “over-the-air reception device” subject to 47 C.F.R. §§

1.4000 et seq., which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter. (s) “Personal Wireless Service Facilities” mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(ii).
(t) “Personal Wireless Services” mean the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
(u) “Prohibited Support Structure” means any support structure on which the city prohibits the deployment of wireless facilities, except when authorized as a preapproved design pursuant to this policy. Prohibited support structures include decorative poles; traffic signal poles, cabinets or related structures; new, nonreplacement wood poles; and any utility pole scheduled for removal within 18 months from the time the Director acts on the application for such pole. (v) “Public Right-of-Way” or “Public Rights-of-Way” means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes. (w) “RF” means radio frequency.
(x) “Section 6409” means Section 6409(a) of the Middle-Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a).
(y) “Shot Clock” means the presumptively reasonable time defined by the FCC in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless service facilities. (z) “Small Wireless Facility” means same as defined by the FCC in 47 C.F.R. §

1.6002(l).

3. APPLICABILITY
(a) General. This policy applies to all requests for the city’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy small wireless facilities within the public rights-of-way within the city’s territorial and jurisdictional boundaries, unless expressly exempted pursuant to this section 3.
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(b) Small Wireless Facilities on City Property. This policy applies to permit applications, submitted to the city in its regulatory capacity, for small wireless facilities on property or structures owned or controlled by the city; provided, however, that this policy does not govern whether or under what terms and conditions the city, in its proprietary capacity as the property or structure owner, would lease, license or otherwise allow a small wireless facility on such property or structures.
(c) Eligible Facilities Requests. Notwithstanding anything in this policy to the contrary, this policy shall not be applicable to eligible facilities requests and/or other applications submitted for approval pursuant to Section 6409. (d) Other Exemptions. Notwithstanding anything in this policy to the contrary, this policy shall not be applicable to the following:
(1) wireless facilities operated by the city for public purposes; (2) small wireless facilities installed completely indoors or within venues and used to extend personal wireless services into a business or subscriber’s private residence, such as a femto cell or indoor DAS;
(3) OTARD antennas;
(4) antennas and related transmission equipment used in connection with a duly authorized amateur station; or
(5) wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D.

4. REQUIRED PERMITS AND APPROVALS
(a) Site Plan Review. All small wireless facilities shall require a site plan review subject to the Director’s prior review and approval.
(b) Other Permits and Regulatory Approvals. In addition to a site plan review, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or other approvals issued by other city departments or divisions. All applications for ministerial permits submitted in connection with a proposed small wireless facility must contain a valid site plan approval issued by the city for the proposed small wireless facility. Any application for any ministerial permit(s) submitted without such site plan approval may be denied without prejudice. Any site plan approval granted under this policy shall remain subject to all lawful conditions and/or legal requirements associated with page 7 / 45
such other permits or approvals. Furthermore, and to avoid potential confusion, an exemption from the site plan review requirement under section 3(d) does not exempt the same wireless facilities from any other permits or approvals required, which includes without limitation any ministerial permits from the city.

5. ADMINISTRATIVE ORDERS AND REGULATIONS
In addition to the requirements in this policy, the Director may adopt such orders or regulations as the Director deems necessary or appropriate to protect and maintain public health, safety, welfare and convenience. All small wireless facilities must conform to all applicable orders and regulations issued by the Director, unless the Director, in the Director’s discretion, grants a prior written waiver to deviate, in whole or in part, any such order or regulation. Waivers by the Director shall be considered and approved or denied on a competitively neutral and nondiscriminatory basis. The Director shall develop and publish guidelines to implement the waivers authorized by this section.

6. PERMIT APPLICATIONS
(a) Application Required. The Director shall not approve any requests for authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy small wireless facilities except upon a complete and duly filed application consistent with this section and any other written rules or requirements the city or the Director may establish from time to time in any publicly-stated format. (b) Application Fee. The applicant shall submit the applicable permit application fee adopted by City Council resolution. Batched applications must include the permit application fee for each small wireless facility in the batch. If no permit application fee has been adopted, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the city for its reasonable costs incurred in connection with the application. Should the deposit be inadequate an additional deposit shall be required. If the deposit exceeds the actual costs, the difference will be returned to the applicant.
(c) Application Content. All applications for a permit must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this policy. All such requirements must be in written form and publicly stated to provide applicants with prior notice. Notwithstanding anything in this policy to the contrary, all applications shall, at a minimum, require the applicant to demonstrate that the proposed project will be in planned compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions.
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(d) Application Submittal. Unless the Director establishes an alternative submittal procedure pursuant to section 5, all applications must be submitted to the city during at a pre-scheduled appointment. Applicants may submit one application per small wireless facility up to a maximum of five separate applications for small wireless facilities together as a batched application per appointment but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. The city shall use reasonable efforts to provide the applicant with an appointment within five working days after the city receives a written request. Any application received without an appointment, whether delivered in-person, by mail or through any other means, will not be considered duly filed.
(e) Optional Pre-Submittal Conference. The city shall provide prospective applicants with the opportunity to schedule and attend a pre-submittal conference with city staff. The city encourages pre-submittal conferences for all applications.

The pre-submittal conference is intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process, any latent issues in connection with the proposed or existing small wireless facility, such as compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments and/or divisions responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The city shall use reasonable efforts to provide the applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference.
(f) Optional Community Meetings. The city encourages, but does not require, applicants to schedule, notice, arrange, and attend a voluntary pre-submittal community meeting with all interested members of the public. This voluntary community meeting does not cause the shot clock to begin and is intended to give applicants the opportunity to hear from members of the public regarding the proposed deployment. Applicants should schedule any voluntary community meetings at times and in locations that are conducive to maximizing public participation. Applicants are encouraged (but not required) to bring any draft applications, plans, maps, presentations or other materials to facilitate the public’s understanding of the applicant’s proposal. Applicants are also encouraged (but not required) to maintain minutes or a comment log of the community meeting. The city seeks to encourage dialogue that may allow applicants to address areas of concern and may lessen the likelihood of appeals of the Director’s decision to the City Manager by any interested person or entity. Community meetings may be conducted before or after submittal.
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(g) Applications Deemed Withdrawn. To promote efficient review and timely decisions, any application governed under this policy will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the city within 90 calendar days after the city deems the application incomplete in a written notice to the applicant. The Director, in the Director’s discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.

7. PUBLIC NOTICE
Within five calendar days after the Director acts on an application governed under this policy or before the shot clock expires (whichever occurs first), the Director shall send a written notice to the applicant and any interested person that requests notice of the decision. If the Director denies the application (with or without prejudice), the written notice to the applicant must contain the reasons for the denial. All decision notices shall include instructions for how and when to file an appeal.

8. APPROVALS; DENIALS; APPEALS
(a) Initial Administrative Decision. The Director shall approve, conditionally approve or deny a complete and duly filed permit application without a public hearing. To allow interested persons with a meaningful opportunity to appeal the Director’s decision, the Director shall act within 29 shot clock days from a duly filed application.
(b) Required Findings for Approval. The Director (or the City Manager on appeal) may approve or conditionally approve an application for a site plan review only when it makes all the following findings:
(1) the proposed project qualifies as a “small wireless facility” as defined by the FCC;
(2) the proposed project complies with the location standards in section 9; (3) the proposed project complies with the design standards in section 10; (4) the proposed project meets the required findings for site plan review under Madera Municipal Code § 10-3.4.0106;
(5) the applicant has shown that it can obtain any wireline communications and electrical service connections necessary to operate the small wireless facility and the project plans show the proposed route for all such connections between their source and the small wireless facility;
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(6) the applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and
(7) all public notices required for the application have been given. (c) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or state laws, nothing in this policy is intended to limit the Director’s ability to conditionally approve or deny without prejudice any application governed under this policy as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, the Madera Municipal Code and/or this policy. (d) Appeals. Any interested person may appeal the Director’s decision to the City Manager. The appeal must be filed with the City Clerk within seven calendar days from the date of the Director’s decision. The appeal must contain a short and plain statement about the basis for the appeal, which may be supplemented after the notice period has expired but before the appeal hearing. Appeals from an approval shall not be permitted when based on reasons otherwise compliant under this policy, including appeals based on duly adopted preapproved designs or the environmental effects from RF emissions that are compliant with applicable FCC regulations and guidelines. The City Manager shall hear appeals de novo and issue the applicant and any person entitled to notice a written decision within five calendar days after the appeal hearing. If the City Manager denies the application on appeal (whether by affirmation or reversal), the written notice shall contain the reasons for the decision. The City Manager’s decision shall be final and not subject to any further appeals.

9. LOCATION STANDARDS
(a) Locations. To assist applicants, staff and the approval authority understand and respond to the community’s aesthetic preferences and values, this section describes preferred and discouraged locations for small wireless facilities in the public rights-of-way.
(1) Preferred Locations. The city requires small wireless facilities in the public rights-of-way to be installed at locations, ordered from most preferred to least preferred, as follows:
(A) industrial zones along any road classification (arterial, collector, local/branch collector, local street);
(B) commercial zones along any road classification (arterial, collector, local/branch collector, local street);
(C) other non-residential zones along arterials or collectors; page 11 / 45
(D) other non-residential zones along local/branch collector or local streets; (E) Public Facilities zone not directly adjacent to any residential zones. (2) Discouraged Locations. Applicants shall not propose to install small wireless facilities in a discouraged location unless no alternative site in a preferred location would be technically feasible. If all preferred locations are technically infeasible, the applicant shall use the least-discouraged location. The following locations are discouraged, and ordered from most discouraged to least discouraged:
(A) any location within 100 feet of a historically designated property or resource. (B) any location within 100 feet of a residential zone or within 100 feet of a residence;
(C) residential zones along local streets;
(D) residential zones along local/branch collectors;
(E) residential zones along collectors;
(F) residential zones along arterials;
(G) Public Facilities zone located directly adjacent to residential zones. (3) Additional Location Standards. In addition to all other standards in this section 9, small wireless facilities and all associated antennas, accessory equipment or improvements shall:
(A) be placed as close as possible to alignment with the property line that divides two parcels abutting the public rights-of-way;
(B) not be placed directly in front of any ground-level door; (C) not be placed directly in front of any first- or multi -story window; (D) not be placed within any clear zone at any intersections; (E) not be placed in any location that obstructs view lines for traveling vehicles, bicycles and pedestrian;
(F) not be placed in any location that obstructs views of any traffic signs or signals;
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(G) not be placed in any location that obstructs illumination patterns for existing streetlights;
(H) for new, non-replacement support structures, be placed at least 50 feet from any streetlight, utility pole or other similar support structure. (b) Support Structures. To assist applicants, staff and the approval authority understand and respond to the community’s aesthetic preferences and values, and to mitigate unnecessary obstructions in the public rights-of-way, this section 9(b) describes preferred and prohibited support structures.
(1) Support Structure Preferences. The city requires small wireless facilities in the public rights-of-way to be installed on support structures, ordered from most preferred to least preferred, as follows:
(A) existing or replacement non-pole concealment structures, such as monuments, kiosks, bus shelters and other street furniture; (B) existing or replacement streetlights;
(C) existing or replacement utility poles;
(D) new, non-replacement streetlights;
(E) new, non-replacement non-pole concealment structures. (2) Prohibited Support Structures. Small wireless facilities shall not be installed on the following support structures:
(A) traffic signals;
(B) decorative poles;
(C) temporary or non-replacement wood poles.
(c) Replacement Pole Locations. All replacement poles must be: (1) located as close to the removed pole’s location as possible; (2) aligned with the other existing poles along the public rights-of-way; and (3) compliant with all applicable standards and specifications issued by the Director, which may include, without limitation, requirements related to aesthetics, materials and safety. (d) Encroachments Over Private Property. No small wireless facility, or any antenna, accessory equipment or other improvements associated with a small wireless facility, may extend onto or over any private or public property outside the public rights-of-way without the property owner’s prior written consent. page 13 / 45

10. DESIGN STANDARDS
(a) General Design Standards. The standards in this section 10(a) shall be applicable to all small wireless facilities in the public rights-of-way:
(1) Concealment. All small wireless facilities must be stealth to the maximum extent feasible with design elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses. (2) Overall Height. No small wireless facility may extend more than six feet above the support structure, plus any minimum separation between the antenna and other pole attachments required by applicable health and safety regulations. (3) Finishes. All exterior surfaces shall be painted, colored and/or wrapped in flat, nonreflective hues that match the underlying support structure or blend with the surrounding environment. All surfaces shall be treated with graffiti-resistant sealant. All finishes shall be subject to the approval authority’s prior approval. (4) Noise. All small wireless facilities must be compliant with all applicable noise regulations. Equipment likely to create noise, such as cooling fans, are strongly discouraged except when placed in an underground vault. The approval authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations. (5) Trees and Landscaped Plants. Small wireless facilities shall not cause ground disturbance within any tree drip line. Small wireless facilities may not displace any existing tree or landscape features. All small wireless facilities proposed to be placed in a landscaped area in the public rights-of-way must include landscape features (which may include, without limitation, shrubs and ground cover) and a landscape maintenance plan. The approval authority may require additional landscape features for small wireless facilities proposed to be placed in a landscaped area in the public rights-of-way to screen the small wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the concealment required under this policy. All plants proposed or required must be native and/or droughtresistant and be consistent with any landscaping requirements for the underlying zone.
(6) Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as locks, removable climbing pegs and anti-climbing devices, may be approved. Security measures shall be designed and implemented in a manner that enhances or contributes to the overall concealment, and the approval authority may condition approval on additional concealment elements to mitigate any aesthetic impacts, which may include, without limitation, page 14 / 45
additional landscape features. The approval authority shall not approve barbed wire, razor ribbon, electrified fences or any similar security measures. Cabinets and equipment shrouds must be kept secured to prevent unauthorized access.

Alarm systems shall not include any audible sirens or other sounds. (7) Secondary Power Sources. The approval authority may approve secondary or backup power sources on a case-by-case basis. The approval authority shall not approve any permanent diesel generators within the public rights-of-way or at any other location or within 200 feet from any residence; provided, however, the approval authority may approve sockets or other connections used for temporary backup generators.
(8) Lights. All new or replacement street lights and street light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public rights-of-way in a manner consistent with any other standards and specifications as identified or required by the approval authority. Small wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC or other applicable federal or state governmental regulations. All antennas, accessory equipment and other improvements with indicator, status or other lights must be installed in locations and within enclosures that eliminate illumination impacts visible from publicly accessible areas. Any light beacons or lightning arresters shall be included in the overall height calculation. (9) Signage; Decals; Advertisements. All small wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small wireless facilities may not bear any other signage, decals or advertisements unless expressly approved by the approval authority, required by law or recommended under FCC or other federal governmental agencies for compliance with RF emissions regulations.
(10) Parking. Small wireless facilities and any associated accessory equipment or other improvements shall not reduce any street parking spaces within the public rights-of-way.
(11) Fire Safety. All small wireless facilities shall include (1) a power shut off immediately accessible to fire service personnel, through a Knox box or similar rapid-access system approved by the fire safety authority, upon arrival at the scene of a fire and/or anticipated power surge due to power being turned off or on for any reason; (2) surge protection devices capable of mitigating a direct or partial direct lightning discharge; (3) surge protection devices capable of mitigating significant electrical disturbances that may enter the small wireless facility via conductive cables; (4) at least one-hour fire resistant interior surfaces to be used in the composition of all structures; and (5) monitored automatic fire page 15 / 45
notification and suppression systems for all small wireless facilities as approved by the applicable fire safety authority.
(12) Compliance with Laws. All small wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, the Madera Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project. (b) Antennas. In addition to all generally applicable design standards in section 10(a), this Section 10(b) sets out specific preferences and standards for antennas. (1) Placement. Antennas should be placed above the pole, unless the approval authority finds that an alternative placement results in an aesthetically superior design based on site-specific circumstances.
(2) Stealth/Concealment. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware must be installed within a unified shroud or “radome” to the extent technically feasible. Antenna shrouds must be visually consistent with the underlying pole’s design, color and scale. Antenna shrouds placed above a pole must taper down to the point where the shroud and pole connect to conceal the cables below the antennas and create a smooth transition into the pole. All antenna mounting posts shall be trimmed so that the post does not extend above the antenna. For antennas approved to be affixed to the side of the pole within a shroud, all cables must be concealed within the shroud and extension arm to create a smooth transition into the pole, to the maximum extent feasible, or back into the external conduit on the pole, if any.
(3) Volume. Any individual antenna (including its concealment) shall not exceed three cubic feet in volume. The cumulative limit for all antenna (including their concealment) on a single small wireless facility shall not exceed: (A) three cubic feet for small wireless facilities within 250 feet from a residential dwelling; or (B) six cubic feet for small wireless facilities in all other locations. (c) Accessory Equipment. In addition to all generally applicable design standards in Section 10(a), this Section 10(c) sets out specific preferences and standards for accessory equipment.
(1) Placement Preferences. This subsection describes the city’s general preferences for accessory equipment placement and configuration on or around the pole. Applicants shall propose small wireless facilities in compliance with these preferences to the maximum extent feasible. The approval authority may approve a lesser-preferred configuration for the accessory equipment page 16 / 45
when the applicant demonstrates that more-preferred configurations are technically infeasible, or the approval authority finds that a lesser-preferred configuration is more consistent with existing poles and the surrounding environment. The city generally prefers accessory equipment to be placed, ordered from most preferred to least preferred, as follows:
(A) within an environmentally controlled underground equipment vault; (B) within an architecturally integrated enclosure at the base of the pole; (C) within a shroud mounted above ground level on the pole; (D) within a separate surface-mounted equipment cabinet. (2) Volume. The cumulative limit for all accessory equipment (including their concealment) on a single small wireless facility shall not exceed: (A) 10 cubic feet for small wireless facilities within 250 feet from a residential dwelling; or (B) 17 cubic feet for small wireless facilities in all other locations. These limits shall not be applicable to undergrounded accessory equipment. (3) Undergrounded Equipment. Consistent with CPUC and local policies, the city strongly prefers undergrounded accessory equipment whenever possible because it mitigates unnecessary physical obstructions and aesthetic harm caused by unsightly infrastructure in the public rights-of-way. This section 10(c)(3) sets out specific preferences and standards for undergrounded accessory equipment.
(A) When Required. Accessory equipment (other than any electric meter (where permitted) and an emergency disconnect switch) shall be placed underground when proposed in any (i) underground utility district; (ii) any area where all existing utilities are substantially undergrounded; or (iii) any location where the approval authority finds substantial evidence that the additional above-ground accessory equipment would incommode the public’s uses in the public rights-of-way.
(B) Equipment Vaults. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the city’s standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover and properly secured to prevent unauthorized access. Vents for airflow shall be flush-tograde when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids may contain manufacturer and site operator information but shall not exhibit commercial advertisements.
page 17 / 45
(4) Base-Mounted Accessory Equipment. This section 10(c)(4) sets out specific preferences and standards for base-mounted accessory equipment. (A) Concealment. Base-mounted accessory equipment enclosures must be architecturally integrated with the pole and surrounding environment. For poles that already include a larger or decorative base, the base-mounted accessory equipment enclosure should mimic the existing design and/or decorative features. Base-mounted accessory equipment enclosures should include a tapered or decorative transition between the enclosure and the pole, unless (i) the proposed facility is a pre-approved design that does not include such a transition or (ii) the approval authority finds that such a transition would be less aesthetically desirable considering the pole and surrounding environment.
(B) Maximum Dimensions. Any base-mounted accessory equipment enclosure integrated into the pole shall not exceed the following dimensions: (i) 48 inches in height, measured from grade level to the highest point on the enclosure, but excluding any decorative design elements that transition the wider base into the narrower pole; and (ii) 26 inches in length or width on any rectangular enclosure or 28 inches in diameter for any round, hexagonal, octagonal or similarly shaped enclosure.
(C) Graffiti and Litter Prevention. Base-mounted accessory equipment enclosures must be coated with anti-graffiti finishes. To prevent litter and other objects placed on such equipment, base-mounted accessory equipment enclosures should not have any flat horizontal surfaces greater than 1.5 square inches.
(5) Pole-Mounted Accessory Equipment. This section 10(c)(5) sets out specific preferences and standards for pole-mounted accessory equipment. (A) Concealment. Applicants should propose to place any pole-mounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all polemounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties.

If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Director may select the most appropriate orientation.
page 18 / 45
(B) Minimum Ground Clearance. The lowest point on any pole-mounted accessory equipment shall be at least 8 feet above ground level adjacent to the pole. If applicable laws require any pole-mounted accessory equipment component to be placed less than 8 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws.
(C) Horizontal Extensions. Pole-mounted accessory equipment should be as close to flush with the pole as technically feasible and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws preclude flush-mounted accessory equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet “flaps” or “wings”).
(6) Surface-Mounted Equipment Cabinets. This section 10(c)(6) sets out specific preferences and standards for surface-mounted accessory equipment. (A) Concealment. Concealment for surface-mounted equipment cabinets will be assessed on a site-specific basis and consider the location and existing uses and aesthetic elements in the vicinity. In general, the city prefers surface-mounted accessory equipment to be concealed as follows: (i) within a landscaped parkway, median or similar location, behind or among new/existing landscape features and painted or wrapped in flat natural colors to blend with the landscape features; (ii) if landscaping concealment is not technically feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and information kiosks; and (iii) if neither landscaping concealment or street furniture is available, accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing surfacemounted accessory equipment cabinets in the vicinity. (B) Public Safety. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, individual surface-mounted accessory equipment cabinet may not exceed four feet in height or four feet in width. Surface-mounted accessory equipment enclosures must be coated with anti-graffiti finishes. To prevent litter and other objects placed on such equipment, surface-mounted accessory equipment enclosures should not have any flat horizontal surfaces greater than 1.5 square inches.
(d) Utilities. The provisions in this section 10(d) are applicable to all utilities and other related improvements that serve small wireless facilities. page 19 / 45
(1) Overhead Lines. The approval authority shall not approve any new overhead utility lines in underground utility districts. In areas with existing overhead lines, new communication lines shall be “overlashed” with existing communication lines to the extent feasible, but service conduits shall be placed underground.

No new overhead utility service drops shall be permitted to traverse any roadway used for vehicular transit.
(2) Vertical Cable Risers. All cables, wires and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, such as with wood utility poles, applicants shall route them through external conduits or shrouds that have been finished to match the underlying pole. The applicant shall minimize the number and size of external conduits to the extent technically feasible.
(3) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds
(4) Electric Meters. Small wireless facilities shall use flat-rate electric service or other method that obviates the need for a separate above-grade electric meter.

If flat-rate service is not available, applicants may install a separate meter pedestal per city standards. If the proposed project involves a surface-mounted equipment cabinet, an electric meter may be integrated with the cabinet, but the approval authority shall not approve a separate surface-mounted electric meter pedestal. In no case shall permittee be permitted to use electricity/power provided by a city-owned streetlight or city-owned circuit without separate written authorization from the city.
(5) Existing Underground Conduits. To reduce unnecessary wear and tear on the public rights-of-way, applicants are encouraged to use existing conduits whenever available and technically feasible. Access to any conduit owned by the city shall be subject to a separate written agreement and the Director’s prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the city’s infrastructure, prevent interference with the city’s municipal functions and public health and safety. (e) Historic Resources. This policy shall not be construed or applied to limit the city’s authority to enforce other laws or regulations intended to protect or preserve historic resources. Any small wireless facility that adversely impacts any historic resource shall not be approved without an exception pursuant to section 13. page 20 / 45

11. PRE-APPROVED DESIGNS
(a) Preface. To expedite the review process and encourage collaborative designs among applicants and the city, the City Council authorizes the Director to designate one or more pre-approved designs for small wireless facilities. This section sets out the process to establish or repeal a pre-approved design and the expedited review procedures and findings applicable to these applications. (b) Adoption. The Director, in the Director’s discretion, may establish a pre-approved design when the Director finds that a proposed pre-approved design would be (i) in substantial conformance with the applicable design requirements in section 10 and (ii) architecturally compatible with the areas in which the pre-approved design would be available. The Director shall post a public notice at City Hall and on the city’s website. The notice must generally describe the pre-approved design, include a photograph or photo simulation, specify whether the pre-approved design would be limited or restricted in any areas. The pre-approved design shall become effective 15 days from the notice required in this section. A decision by the Director not to adopt a proposed pre-approved design or the Director’s failure to act on a request for a proposed pre-approved design is not appealable. (c) Repeal. The Director may repeal any pre-approved design by notice posted at City Hall and on the city’s website. The repeal shall be immediately effective. The Director’s repeal, refusal to repeal or failure to act on a request to repeal a preapproved design is not appealable. (d) Nondiscrimination. An established pre-approved design may be used by any applicant, whether the applicant originally initiated the pre-approval process or not.

The Director’s decision to adopt a pre-approved design expresses no preference or requirement that applicants use the specific vendor or manufacturer that fabricated the design depicted in the pre-approved plans. Any other vendor or manufacturer that fabricates a small wireless facility to the standards and specifications in the pre-approved design with like materials, finishes and overall quality shall be acceptable as a pre-approved design.
(e) Modified Findings for Approval. For any complete site plan review application using a pre-approved design, the approval authority shall presume that the proposed project complies with the findings required under sections 8(b)(1) and 8(b)(3). No such presumption shall be applicable to the required findings under sections 8(b)(2), 8(b)(4) and 8(b)(5).

12. STANDARD CONDITIONS OF APPROVAL
(a) Standard Conditions. Except as may be modified in section 12(b), all small wireless facilities approved under this policy shall be automatically subject to the conditions in this section 12(a) and these conditions shall be deemed to be page 21 / 45
incorporated by reference to any site plan approval, whether approved by the city or deemed approved by law.
(1) Permit Term. This permit will automatically expire 10 years and one day from its issuance unless California Government Code § 65964(b) authorizes the city to establish a shorter term for public safety reasons or substantial land use reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this small wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.
(2) Permit Renewal. The permittee may apply for permit renewal not more than one year before this permit expires. The permittee must demonstrate that the subject small wireless facility complies with all the conditions of approval associated with this permit and all applicable provisions in the Madera Municipal Code and this policy that exists at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with the Madera Municipal Code, this policy or other applicable law. Upon renewal, this permit will automatically expire 10 years and one day from its issuance.
(3) Approved Plans. Any final construction plans shall incorporate the permit, together with all conditions of approval and the photo simulations associated with the permit (collectively, the “Approved Plans”). The permittee must construct, install and operate the small wireless facility in substantial compliance with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the small wireless facility, shall be subject to the Director’s prior review and approval. After the Director receives a written request to approve an alteration, modification or other change to the Approved Plans, the Director may refer the request to the approval authority if the Director finds that it substantially deviates from the Approved Plans or implicates a significant or substantial landuse concern. (4) CPUC GO-159A Certification. Within 15 business days after the city issues this permit, the permittee shall serve copies of California Public Utility Commission notification letters required by CPUC General Order No. 159A to the City Clerk, Director and City Manager.
(5) Build-Out Period. This permit will automatically expire 12 months from the approval date (the “Build-Out Period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the page 22 / 45
approved small wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, support structure or the small wireless facility and/or its use. The permittee may request in writing, and the city may grant in writing, one six-month extension if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for such extension. If the Build-Out Period and any extension finally expire, this permit shall be automatically void but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.
(6) Post-Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility approved under this policy or deemed-approved by law, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the small wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs.
(7) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this permit. At all times, the permittee shall keep the site area free from all litter and debris. The permittee shall regularly inspect the small wireless facility to determine whether any maintenance is needed. The permittee, at no cost to the city, shall remove and remediate any graffiti or other vandalism on the small wireless facility within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. (8) Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“Laws”) applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this permit, which includes without limitation any Laws applicable to human exposure to RF emissions and any standards, specifications or other requirements identified by the Director (such as, without limitation, those requirements affixed to an encroachment permit). The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all Laws. No failure or omission by the city to timely notice, prompt or enforce compliance with any applicable provision in the Madera Municipal Code, this policy any permit, any permit condition or any page 23 / 45
applicable Laws, shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with same.
(9) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site and/or small wireless facility. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Madera Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the city or other state or federal government agency or official with authority to declare an emergency within the city. The Director may issue a stop work order for any activities that violates this condition in whole or in part. If the Director finds good cause to believe that ambient noise from the small wireless facility or related equipment violates applicable provisions in the Madera Municipal Code, the Director, in addition to any other actions or remedies authorized by the permit, the Madera Municipal Code or other applicable laws, may require the permittee to commission a noise study by a qualified professional to evaluate the small wireless facility’s compliance.
(10) Inspections; Emergencies. The permittee expressly acknowledges and agrees that, upon reasonable prior notice to the permittee, the city’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the small wireless facility and related equipment and/or improvements to ensure compliance with this permit and all associated conditions. Notwithstanding the prior sentence, the city’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the city’s officers, officials, staff or other designees while any such inspection or emergency access occurs. (11) Contact Information. At all times relevant to this permit, the permittee shall keep on file with the Director basic contact and site information. This information shall include, but is not limited to, the following: (A) the name, physical address, notice address (if different), direct telephone number and email address for (i) the permittee and, if different from the permittee, the (ii) site operator, (ii) equipment owner, (iii) site manager and (iv) agent for service of process; (B) the small wireless facility’s site identification number and/or name used by the permittee and, to the extent applicable, site operator, page 24 / 45
equipment owner and site manager; and (C) a toll-free telephone number to the small wireless facility’s network operations center where a live person with power-down control over the small wireless facility is available 24 hours-perday, seven days-per-week. Within 10 business days after a written request by the city, the permittee shall furnish the Director with an updated form that includes all the most-current information described in this condition. (12) Indemnification. The permittee and, if applicable, the property owner upon which the small wireless facility is installed shall defend, indemnify and hold harmless the city, City Council and the city’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all (A) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of this permit, and (B) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this permit or the small wireless facility. In the event the city becomes aware of any claims, the city will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the city to approve this permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this permit.
(13) Removal Bond. Before the city issues any permits required to commence construction in connection with this permit, the permittee shall post a bond issued by a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or similar infrastructure removal.

The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the small wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing page 25 / 45
or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the small wireless facility to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject small wireless facility in accordance with this condition.
(14) Permit Revocation. Any permit granted under this policy or deemed approved by the operation of law may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the small wireless facility may not be in compliance with all applicable laws, which includes without limitation, any permit in connection with the small wireless facility and any associated conditions with such permit(s). A permit granted under this policy or deemed approved by the operation of law may be revoked only by the City Council after a duly notice public hearing. Before any public hearing to revoke a permit granted under this policy or deemed approved by the operation of law, the Director must issue a written notice to the permittee that specifies (A) the small wireless facility; (B) the violation(s) to be corrected; (C) the timeframe in which the permittee must correct such violation(s); and (D) that, in addition to all other rights and remedies the city may pursue, the city may initiate revocation proceedings for failure to correct such violation(s). The City Council may revoke a permit when it finds substantial evidence in the written record to show that the small wireless facility is not in compliance with any applicable laws, which includes without limitation, any permit in connection with the small wireless facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. (15) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the permit application, this permit, the Approved Plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the permit (collectively, “Records”). If the permittee does not maintain such Records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing Records will be construed against the permittee. The permittee shall protect all Records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep Records in an electronic format; provided, however, that hard copies or electronic Records kept in the city’s regular files will control over any conflicts between such city-controlled copies or Records and the permittee’s electronic page 26 / 45
copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any Records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.
(16) Abandoned Facilities. The small wireless facility authorized under this permit shall be deemed abandoned if not operated for any continuous 12-month period. Within 90 days after a small wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the small wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Madera Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the city shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the city in connection with such removal and/or restoration activities and shall reimburse the city for all such costs 30 calendar days after a written demand for reimbursement and reasonable documentation to support such costs.
(17) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select plant and maintain replacement landscaping in an appropriate location for the species. Any replacement tree must be substantially the same size as the damaged tree or as otherwise approved by the city. The permittee shall be responsible to maintain any replacement landscape features for a three-year period after such landscaping has been installed. Notwithstanding anything in this condition to the contrary, the Director may agree in a written agreement signed by the permittee to accept an annual in-lieu fee to perform the maintenance work on the permittee’s behalf. (18) Cost Reimbursement. The permittee acknowledges and agrees that (A) the permittee’s request for authorization to construct, install and/or operate the small wireless facility will cause the city to incur costs and expenses; (B) the permittee shall be responsible to reimburse the city for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the small wireless facility; (C) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the city for all such costs page 27 / 45
30 calendar days after a written demand for reimbursement and reasonable documentation to support such costs; and (D) the city shall have the right to withhold any permits or other approvals in connection with the small wireless facility until and unless any outstanding costs have been reimbursed to the city by the permittee.
(19) Future Undergrounding Programs. Notwithstanding any term remaining on this permit, if other utilities or communications providers in the public rights-ofway underground their facilities in the segment of the public rights-of-way where the permittee’s small wireless facility is located, the permittee must also underground its equipment, except the antennas and any approved electric meter or related electric-service equipment required by the electric service provider to remain above ground, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition; provided, however, that the Director may approve an alternative concealment plan for such equipment that complies with the city’s then current design regulations. Small wireless facilities installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the city’s standards and specifications. Such undergrounding shall occur at the permittee’s sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs.
(20) Electric Meter Upgrades. If the small wireless facility includes a separate or ground-mounted electric meter pedestal and the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or groundmounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.
(21) Rearrangement and Relocation. The permittee acknowledges that the city, in its sole discretion and at any time, may: (A) change any street grade, width or location; (B) add, remove or otherwise change any improvements in, on, under or along any street owned by the city or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (C) perform any other work deemed necessary, useful or desirable by the city (collectively, “City Work”). The city reserves the rights to do any and all City Work without any admission on its part that the city would not have such rights without the express reservation in this permit. If the City Engineer determines that any City Work will require the permittee’s small page 28 / 45
wireless facility located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation.

If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee’s small wireless facility within a reasonable time after the City Engineer’s notice, the city may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee’s sole cost and expense. The city may exercise its rights to rearrange or relocate the permittee’s small wireless facility without prior notice to permittee when the City Engineer determines that City Work is immediately necessary to protect public health or safety. The permittee shall reimburse the city for all costs and expenses in connection with such work within 30 calendar days after a written demand for reimbursement and reasonable documentation to support such costs.
(22) Successors and Assigns. The conditions, covenants, promises and terms contained in this permit will bind and inure to the benefit of the city and permittee and their respective successors and assigns.
(23) Truthful and Accurate Statements. The permittee acknowledges that the city’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the city in connection with this permit or the small wireless facility approved under the this permit, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading.
(24) City’s Standing Reserved. The city’s grant or grant by operation of law of a permit pursuant to this policy does not waive, and shall not be construed to waive, any standing by the city to challenge any (A) FCC rules or regulations that interpret the Telecommunications Act and/or Section 6409 of the Spectrum Act or (B) any permit issued pursuant to this policy.
(25) Severable Conditions. If any provision in these conditions or such provision’s application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (A) such provision or its application to such person, entity or circumstance will be deemed severed from this permit; (B) all other provisions in this permit or their application to any person, entity or circumstance will not be affected; and (C) all other provisions in this permit or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by law. (b) Modified Conditions. The City Council authorizes the Director to modify, add or remove conditions to any site plan approval as the Director deems necessary or page 29 / 45
appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in section 12(a) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment needed for compliance with the Madera Municipal Code, this policy, generally applicable health and safety requirements and/or any other applicable laws.

13. EXCEPTIONS
(a) Preface. The provisions in this section establish a procedure by which the city may grant an exception to the standards in this policy but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in section 13(b) in addition to the findings required under section 8(b). Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance does not create a presumption or expectation that an exception will be granted in any other instance.
(b) Findings for an Exception. The approval authority may grant an exception to any provision or requirement in this policy only if the approval authority finds that:
(1) a denial based on the application’s noncompliance with a specific provision or requirement would violate federal law, state law or both; or (2) a provision in this policy, as applied to the applicant, would violate any rights or privileges conferred on the applicant by federal or state law. (c) Scope of Exception. If the approval authority finds that an exception should be granted, the exception shall be narrowly tailored so that the exception deviates from this policy to least extent necessary for compliance with federal or state law. (d) Burden of Proof. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for an exception.

14. PEER REVIEW AND INDEPENDENT CONSULTANTS
(a) Authorization. The City Council authorizes the Director to, in the Director’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Director in connection any permit application. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, which include, without limitation: (1) permit application completeness and/or accuracy; (2) pre-construction planned compliance with page 30 / 45
applicable regulations for human exposure to RF emissions; (3) post-construction actual compliance with applicable regulations for human exposure to RF emissions; (4) whether and to what extent a proposed project will comply with applicable laws; (5) the applicability, reliability and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusions about any issue with the city’s discretion to review; and (6) any other issue identified by the Director that requires expert or specialized knowledge. The Director may request that the independent consultant prepare written report, testify at public meetings, hearings and/or appeals and attend meetings with city staff and/or the applicant.
(b) Cost Reimbursement. Subject to applicable laws, the applicant shall be responsible for the reasonable costs actually incurred by the city in connection with a consultant’s review, which may include, without limitation, costs incurred by the consultant to attend and participate in any meetings or hearings related to the application. Within a reasonable time after notice from the Director, the applicant shall deposit funds in an amount equal to the estimated costs for the consultant’s services, as determined by the Director. The funds shall be applied to the consultant’s invoices as such invoices are approved by the Director. If the deposit exceeds the total costs for the consultant’s services, the Director shall promptly return any unused funds to the applicant after the small wireless facility has been installed and passes a final inspection. If the reasonable costs for the consultant’s services exceed the deposit, the Director shall invoice the applicant for the balance. The city shall not issue any building permit or encroachment permit to any applicant with any unpaid invoices.

15. VIOLATIONS
Any use or condition caused or permitted to exist in violation of any provision of this policy shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Madera Municipal Code Title I, Chapter 9, abatement pursuant to Madera Municipal Code §§ 10-3.1601 et seq., California Code of Civil Procedure section 731, or any other remedy available to the city.
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APPENDIX A – FEDERAL STATUTES
This Appendix contains relevant federal statutes cited or referred to in the city’s policy for informational and reference purposes only. These authorities are current as of the date on which the city adopted the policy. However, the reader should be cautioned that these authorities may be amended or superseded from time-to-time and those amended or superseded versions will control over the reproduced text in this Appendix. 47 U.S.C. § 253 — Removal of barriers to entry.
(A) In General
No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.
(B) State Regulatory Authority
Nothing in this section shall affect the ability of a State to impose on a competitively neutral basis and consistent with section 254 of this title, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.
(C) State and Local Government Authority
Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government. (D) Preemption
If, after notice and an opportunity for public comment, the Commission determines that a State or local government has permitted or imposed any statute, regulation, or legal requirement that violates subsection (a) or (b), the Commission shall preempt the enforcement of such statute, regulation, or legal requirement to the extent necessary to correct such violation or inconsistency.
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47 U.S.C. § 332(c)(7) — Preservation of local zoning authority. (A)General Authority
Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.
(B)Limitations
(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof--
(I) shall not unreasonably discriminate among providers of functionally equivalent services; and
(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.
(ii) A State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request.
(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. (iv)No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions.
(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief. page 33 / 45
(C)Definitions
For purposes of this paragraph--
(i) the term “personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;
(ii) the term “personal wireless service facilities” means facilities for the provision of personal wireless services; and
(iii) the term “unlicensed wireless service” means the offering of telecommunications services using duly authorized devices which do not require individual licenses but does not mean the provision of direct-to-home satellite services (as defined in section 303(v) of this title).
47 U.S.C. § 1455(a) — Wireless facilities deployment.
(A) Facility modifications
(1) In general
Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) Eligible facilities request
For purposes of this subsection, the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves--
(A) collocation of new transmission equipment.
(B) removal of transmission equipment; or
(C)replacement of transmission equipment.
(3) Applicability of environmental laws
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Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969.

APPENDIX B – FCC REGULATIONS
This Appendix contains relevant FCC regulations cited or referred to in the city’s policy for informational and reference purposes only. These authorities are current as of the date on which the city adopted the policy. However, the reader should be cautioned that these authorities may be amended or superseded from time-to-time and those amended or superseded versions will control over the reproduced text in this Appendix.

Some additional background on how the FCC organizes its regulations may help the reader check for subsequent changes to these rules. The FCC’s codified regulations appear in the Code of Federal Regulations (abbreviated as “C.F.R.”). The C.F.R. is organized in titles. The FCC’s codified regulations appear in Title 47– Telecommunication, and are further organized in chapters, subchapters, parts and subparts. All the provisions reproduced below appear in Part 1, and most appear in Subpart U to Part 1.
47 C.F.R. § 97.3 — Definitions.
(A) The definitions of terms used in part 97 are:
(1) Amateur operator. A person named in an amateur operator/primary license station grant on the [Universal Licensing System] consolidated licensee database to be the control operator of an amateur station.
(2) Amateur radio services. The amateur service, the amateur-satellite service and the radio amateur civil emergency service.
(3) Amateur-satellite service. A radiocommunication service using stations on Earth satellites for the same purpose as those of the amateur service. (4) Amateur service. A radiocommunication service for the purpose of self-training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest.
(5) Amateur station. A station in an amateur radio service consisting of the apparatus necessary for carrying on radiocommunications. page 35 / 45
47 C.F.R. § 1.4000 — Restrictions impairing reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services.
(A)(1) [This FCC regulation defines an “OTARD” antenna as follows]:
(i) An antenna that is:
(A) Used to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite, and
(B) One meter or less in diameter or is located in Alaska. (ii) An antenna that is:
(A) Used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, and
(B) That is one meter or less in diameter or diagonal measurement. (iii) An antenna that is used to receive television broadcast signals; or (iv)A mast supporting an antenna described in paragraphs (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this section;
47 C.F.R. § 1.6002 — Definitions.

Terms not specifically defined in this section or elsewhere in this subpart have the meanings defined in this part and the Communications Act of 1934, 47 U.S.C. 151 et seq. Terms used in this subpart have the following meanings:
(A) Action or to act on a siting application means a siting authority's grant of a siting application or issuance of a written decision denying a siting application. (B) Antenna, consistent with § 1.1320(d), means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the page 36 / 45
term antenna does not include an unintentional radiator, mobile station, or device authorized under part 15 of this chapter.
(C)Antenna equipment, consistent with § 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. (D)Antenna facility means an antenna and associated antenna equipment. (E) Applicant means a person or entity that submits a siting application and the agents, employees, and contractors of such person or entity.
(F) Authorization means any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit.
(G)Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, appendix B of this part, section I.B, means—
(1) Mounting or installing an antenna facility on a pre-existing structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
(3) The definition of “collocation” in § 1.6100(b)(2) applies to the term as used in that section.
(H)Deployment means placement, construction, or modification of a personal wireless service facility.
(I) Facility or personal wireless service facility means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.
(J) Siting application or application means a written submission to a siting authority requesting authorization for the deployment of a personal wireless service facility at a specified location.
(K) Siting authority means a State government, local government, or instrumentality of a State government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of personal wireless service facilities.
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(L) Small wireless facilities are facilities that meet each of the following conditions:
(1) The facilities—
(i) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d); or
(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or
(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facilities do not require antenna structure registration under part 17 of this chapter;
(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b). (M) Structure means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). 47 C.F.R. § 1.6003 — Reasonable periods of time to act on siting applications. (A) Timely action required. A siting authority that fails to act on a siting application on or before the shot clock date for the application, as defined in paragraph (e) of this section, is presumed not to have acted within a reasonable period of time. (B) Shot clock period. The shot clock period for a siting application is the sum of— (1) The number of days of the presumptively reasonable period of time for the pertinent type of application, pursuant to paragraph (c) of this section; plus page 38 / 45
(2) The number of days of the tolling period, if any, pursuant to paragraph (d) of this section.
(C)Presumptively reasonable periods of time—
(1) Review periods for individual applications. The following are the presumptively reasonable periods of time for action on applications seeking authorization for deployments in the categories set forth in paragraphs (c)(1)(i) through (iv) of this section:
(2) Review of an application to collocate a Small Wireless Facility using an existing structure: 60 days.
(ii) Review of an application to collocate a facility other than a Small Wireless Facility using an existing structure: 90 days.
(iii) Review of an application to deploy a Small Wireless Facility using a new structure: 90 days.
(iv)Review of an application to deploy a facility other than a Small Wireless Facility using a new structure: 150 days.
(2) Batching.
(i) If a single application seeks authorization for multiple deployments, all of which fall within a category set forth in either paragraph (c)(1)(i) or (iii) of this section, then the presumptively reasonable period of time for the application as a whole is equal to that for a single deployment within that category. (ii) If a single application seeks authorization for multiple deployments, the components of which are a mix of deployments that fall within paragraph (c)(1)(i) of this section and deployments that fall within paragraph (c)(1)(iii) of this section, then the presumptively reasonable period of time for the application as a whole is 90 days.
(iii) Siting authorities may not refuse to accept applications under paragraphs (c)(2)(i) and (ii) of this section.
(D)Tolling period. Unless a written agreement between the applicant and the siting authority provides otherwise, the tolling period for an application (if any) is as set forth in paragraphs (d)(1) through (3) of this section. (1) For an initial application to deploy Small Wireless Facilities, if the siting authority notifies the applicant on or before the 10th day after submission that the application is materially incomplete, and clearly and specifically identifies the page 39 / 45
missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the siting authority to render the application complete.
(2) For all other initial applications, the tolling period shall be the number of days from—
(i) The day after the date when the siting authority notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation; until
(ii) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete; (iii) But only if the notice pursuant to paragraph (d)(2)(i) of this section is effectuated on or before the 30th day after the date when the application was submitted; or
(3) For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from—
(i) The day after the date when the siting authority notifies the applicant in writing that the applicant’s supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the siting authority’s original request under paragraph (d)(1) or (2) of this section; until (ii) The date when the applicant submits all the documents and information identified by the siting authority to render the application complete; (iii) But only if the notice pursuant to paragraph (d)(3)(i) of this section is effectuated on or before the 10th day after the date when the applicant makes a supplemental submission in response to the siting authority’s request under paragraph (d)(1) or (2) of this section.
(E) Shot clock date. The shot clock date for a siting application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified pursuant to paragraph (b) of this section and including any pre-application period asserted by the siting authority; provided, that if the date calculated in this manner is a “holiday” as defined in § 1.4(e)(1) or a legal holiday within the relevant State or local jurisdiction, the shot clock date is the next business day after such date. The page 40 / 45
term “business day” means any day as defined in § 1.4(e)(2) and any day that is not a legal holiday as defined by the State or local jurisdiction. 47 C.F.R. § 1.6100 — Wireless Facility Modifications.1
(A) [Reserved by 83 FR 51886]
(B) Definitions. Terms used in this section have the following meanings. (1) Base station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. (i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(iv)The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (b)(1)(i)-(ii) of this section.
1 In 2018, the FCC reorganized its regulations and recodified Section 1.40001 as Section 1.6100. See In re Accelerating Wireless Broadband, Erratum, 33 FCC Rcd. 9088 at ¶ 2 (Nov. 29, 2018). However, the FCC did not correct all internal cross references and so some provisions in Section 1.6100 still refer to the old subsections within Section 1.40001. This reproduction corrects those typographical errors with the correct cross references, denoted by bracketed text. All other provisions remain consistent with the published FCC regulation.
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(2) Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
(3) Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
(4) Eligible support structure. Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.
(5) Existing. A constructed tower or base station is existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.
(6) Site. For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.
(7) Substantial change. A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than ten feet, whichever is greater.
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(A) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv)It entails any excavation or deployment outside the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.
(v) It would defeat the concealment elements of the eligible support structure; or (vi)It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in § 1.[6100](b)(7)(i) through (iv). (8) Transmission equipment. Equipment that facilitates transmission for any Commission-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
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(9) Tower. Any structure built for the sole or primary purpose of supporting any Commission-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
(C)Review of applications. A State or local government may not deny and shall approve any eligible facilities request for modification of an eligible support structure that does not substantially change the physical dimensions of such structure. (1) Documentation requirement for review. When an applicant asserts in writing that a request for modification is covered by this section, a State or local government may require the applicant to provide documentation or information only to the extent reasonably related to determining whether the request meets the requirements of this section. A State or local government may not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities. (2) Timeframe for review. Within 60 days of the date on which an applicant submits a request seeking approval under this section, the State or local government shall approve the application unless it determines that the application is not covered by this section.
(3) Tolling of the timeframe for review. The 60–day period begins to run when the application is filed and may be tolled only by mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local government must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the State or local government's notice of incompleteness.
(iii) Following a supplemental submission, the State or local government will have 10 days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing page 44 / 45
information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (c)(3). Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. (5) Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) to any court of competent jurisdiction. page 45 / 45
APPENDIX C – STATE STATUTES
This Appendix contains relevant California statutes cited or referred to in the city’s policy for informational and reference purposes only. These authorities are current as of the date on which the city adopted the policy. However, the reader should be cautioned that these authorities may be amended or superseded from time-to-time and those amended or superseded versions will control over the reproduced text in this Appendix.

California Public Utilities Code § 7901
Telegraph or telephone corporations may construct lines of telegraph or telephone lines2 along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters.

California Public Utilities Code § 7901.1
(a) It is the intent of the Legislature, consistent with Section 7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed.
(b) The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner.
(c) Nothing in this section shall add to or subtract from any existing authority with respect to the imposition of fees by municipalities.
2 “Telephone line” includes all conduits, ducts, poles, wires, cables, instruments, and appliances, and all other real estate, fixtures, and personal property owned, controlled, operated, or managed in connection with or to facilitate communication by telephone, whether such communication is had with or without the use of transmission wires. CAL. PUB. UTILS. CODE § 233.

ATTACHMENT 3
PLANNING COMMISSION RESOLUTION NO. 1930

REPORT TO CITY COUNCIL
Approved by:
__________________________________
Council Meeting of: September 21, 2022
Agenda Number:

Kingsley Okereke, Interim Finance Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public hearing regarding the Program Year 2021-2022 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and financial summary RECOMMENDATION:

Conduct the public hearing, invite public input, and adopt a Resolution approving the 2021-2022 the City’s CAPER and financial summary
SUMMARY:

The CAPER outlines the progress made using CDBG and CDBG-Cares Act Program (CV) funds during Program Year 2021/22 (July 1, 2021 to June 30, 2022). The report reflects the City’s progress towards achieving the goals identified in the Annual Action Plan. The City will meet HUD requirements regarding preparation and adoption of the CAPER including public noticing and the opportunity to receive public comment. Staff recommends approval of the CAPER to meet the City’s program obligations for continued receipt and use of CDBG funds.

DISCUSSION:

The City is a CDBG entitlement jurisdiction which receives an annual funding allocation. HUD requires entitlement communities receiving CDBG funds to annually review and publicly report on the progress made in carrying out the Annual Action Plan. In addition, HUD regulations require an opportunity for the public to comment on the CAPER. Staff published a public hearing notice in the Madera Tribune on September 7, 2022 and also placed it on the City’s website.

Notices contained details about the date, time, and location for the public hearing and directions on submission of citizen comments. All comments may be received beginning September 7, 2022 through September 22nd. No comments were received as of the writing of this staff report.

C-2
The CAPER reflects the City’s continued progress in expending its CDBG funds in a timely manner and in meeting the program’s primary objectives. The City received $949,042 for its 2020/21 CDBG allocation. At the start of the 2021 program year, the City had a total CDBG balance of $1,693,249 which is the accumulated balance of the current grant funds awarded and funds in the process of being expended from previous program years. There are instances where a program or activity does not expend all awarded funds within the program year and work on these projects is ongoing, resulting in carry-over of funds. These funds can be expended after the program year awarded, which is why the 2021/22 CAPER expenditures are higher than the program year allocation. Table 1 definesthe accumulated balance for the 2021/22 program year.

Despite the accrued CDBG balance at the beginning of the program year, the City successfully met HUD’s Timeliness requirement. During PY 2021/22, the City expended $1,455,515.27 of CDBG funds through June 30, 2022. Please refer to HUD report PR26 (Attachment B) for a detailed breakdown of expended funds. While not all expenditures were drawn down during the program year, agencies continue making progress in completing projects that were funded in the 2021 Action Plan and it is expected the remainder of the funding should be expended before June 30, 2023.

The following provides a summary of activities and accomplishments of programs and projects funded during the 2021/22 program year.

BIGS STEM Program
Big Brothers Big Sisters provided one-to-one mentoring to 37 at-risk youth. The program assisted youth through empowerment, encouragement, and enrichment. Additionally, youth were provided social emotional support across numerous ways including financial literacy and STEM opportunities.

Madera Coalition for Community Justice Street Art Program The Street Art program served 87 youth, successfully exceeded its goal of serving 75 youth. The Street Art Project engaged five local schools in participating in community paint events. Youth Table 1: CDBG Fund Balance per Program Year
CDBG FY 2021/22 Allocation $949,042
2016/2017 Remaining Allocation $15,966
2018/2019 Remaining Allocation $6,821
2019/2020 Remaining Allocation $346,078
2020/2021 Remaining Allocation $296,114
Program Income Adjustment* $79,228
Beginning FY 2021/22 Balance $1,693,249
*HUD report PR 56 (Attachment A) identifies a grantees line of credit. The adjusted line of credit amount considers potential program income and/or revolving loan funds anticipated for the program year.
participated in a Paint Party in celebration of Black History. Local artists participated in the event and taught youth how to use spray paint and other sketching/painting styles.

Madera Rescue Mission
The Madera Rescue Mission provided homeless services to 119 individuals. The Mission also provided 102 beds (38 for women and 64 for men) and served over 36,000 meals in program year 2021-2022. The Mission currently has 12 participants in their 9–12 month recovery program.

Through respite care, six clients were referred to Madera Community Hospital and in partnership with the Camarena Health Mobile Unit, 25 people received medical assistance. Case management was offered to more than 65 clients, and of these, six successfully found permanent housing and eight obtained full-time employment.

O.L.I.V.E. Safe House
OLIVE successfully provided individualized care to victims of human trafficking. They exceeded their goal to serve 13 individuals and served a total of 30 throughout the program year. In December 2021, OLIVE received the “Non-Profit of the Year” award from California Senator Anna Caballero. OLIVE remains focused on providing individual case-managed care including counseling, education/job assistance, drug rehabilitation, and financial literacy and training.

Pequenos Empresarios
The Pequenos Empresarios program exceeded their target goal of assisting 140 clients. During the 2021-2022 program year a total of 178 clients were served. Both children and parent(s) successfully completed the program. Participants attended workshops focused on leadership and values, environmental awareness, business life and finance, manners, and nutrition. Children who participated demonstrated improved academic achievements, social skills, and communication skills.

Madera Coalition for Community Justice Rental Assistance Program (MRAP) MRAP served 392 Madera residents with rental assistance who faced hardships and were in danger of eviction or utility shutoff. These clients were also offered additional services such as financial assistance, food, legal counsel, and financial counseling. A total of 788 Madera residents were screened for services. Of these, 32 households received rental assistance, 61 received utility assistance, and 63 received assistance with past due electric/gas charges thus preventing utility shut off. Ineligible applicants received a warm hand-off to partnering agencies to assist them with their needs.

CAPMC Rapid Rehousing Program
The Rapid Rehousing program successfully provided wrap around services to 54 local residents.

The Homeless Engagement for Living Program (HELP) serves as a one-stop shop for homeless individuals. A total of 279 individuals came in contact with staff from CAPMC through outreach.

Of these, one (1) entered a drug rehabilitation program, 67 received referrals to Behavioral Health Services with 7 linking to care. Staff referred 14 individuals to Madera County Workforce and of those 3 gained employment. A total of 44 homeless individuals were assisted with obtaining a social security card and 10 with a birth certificate.

Habitat for Humanity Exterior Paint Project
This program revitalized homes by providing exterior painting for six homeowners. This program aimed to transform housing stock while renewing the first layer of protection against the elements. The exterior paint program served as both a revitalization and owner-occupied stabilization program. Substantial repairs to the homes that eliminated health & environmental hazards were performed prior to the painting. Once the home was painted, it provided an immediate visual impact to the neighborhood.

CAPMC Continuum of Care (CoC) Program
The CAPMC CoC program addressed community challenges created by homelessness, coordinated case management, intake, and referrals with the local and regional collaboration of homeless service providers, input and accessed data to the Homeless Management Information System and represented Madera in the Fresno/Madera Continuum of Care.

In addition, in the 2020/21 Program Year the City received $938,981 of additional funding from the CARES Act used to assist eligible residents, businesses and programs impacted by COVID-19.

Below is a summary of some of the accomplishments from the CDBG-CV funded activities in 2021/22. Please refer to HUD report PR-26 (Attachment C) for a detailed expenditure report of CDBG-CV funds.

CDBG-CV Subrecipient Accomplishments:
 Madera Downtown Association provided emergency business relief to eight (8) eligible businesses.
 Madera County Economic Development Commission provided emergency business relief to 12 businesses.
 Madera Community Action Partnership provided rental and rapid re-housing assistance to 63 households impacted by COVID-19.
 Madera Coalition for Community Justice provided eviction and utility shutoff prevention assistance to 919 households impacted by COVID-19.

FINANCIAL IMPACT:

Approval of the CAPER will not have a direct financial impact on the General Fund, but will satisfy HUD requirements to maintain the City’s eligibility for future CDBG funding.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The HUD CDBG program and the activities funded in the 2021/22 program year supportthe Vision Madera 2025 Plan as follows:
 Strategy 136:
o Transitional Housing: Promote transitional housing to ensure the homeless have safe shelter.
 Strategy 407:
o Promote and expand existing services, supportive services, case management, and self-sufficiency for Madera residents to maintain independent lifestyles.  Strategy 337:
o Develop programs for Maderans of all ages with an emphasis on youth and senior activities.
 Strategy 215:
o Ensure educational and occupational opportunities are available for all Maderans.

ALTERNATIVES:

As an alternative, the Council may:
 Request additional information from staff prior to taking action.  Request that staff modify and/or amend the draft CAPER prior to action.  Direct staff to not submit the CAPER to HUD.

ATTACHMENTS:

1. Attachment A: HUD Report PR-56

2. Attachment B: HUD Report PR-26 CDBG Expenditure Report

3. Attachment C: HUD Report PR-26 CDBG-CV Expenditure Report

4. Resolution

5. CAPER
U.S. Department of Housing and Urban Development
Integrated Disbursement and Information System
Office of Community Planning and Development
Current CDBG Timeliness Report
PAGE: 1
TIME: 11:33
DATE: 04-14-22
Grantee : MADERA, CA
NOTE: If ****** appears in place of ratio, then ratio cannot be calculated because either the grantee’s current year grant has not been obligated in LOCCS or the current program year start and end dates have not been entered in IDIS.

PGM
YEAR

PGM YEAR

START DATE

TIMELINESS

TEST DATE CDBG GRANT AMT
--- LETTER OF CREDIT BALANCE ---

UNADJUSTED ADJUSTED FOR PI

DRAW RATIO

UNADJ ADJ

MINIMUM DISBURSEMENT TO MEET TEST

UNADJUSTED ADJUSTED
2020 07-01-20 05-02-21 911,586.00 1,773,329.54 1,845,990.06 1.95 2.03 2021 07-01-21 05-02-22 949,042.00 1,595,126.39 1,693,249.11 1.68 1.78 171,563 269,686 Attachment A
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
14:02
09-08-22
Program Year 2021

MADERA , CA
Metrics
Grantee
Program Year
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 02 ENTITLEMENT GRANT
03 SURPLUS URBAN RENEWAL
04 SECTION 108 GUARANTEED LOAN FUNDS
05 CURRENT YEAR PROGRAM INCOME
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 06 FUNDS RETURNED TO THE LINE-OF-CREDIT
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE
08 TOTAL AVAILABLE (SUM, LINES 01-07)
PART II: SUMMARY OF CDBG EXPENDITURES
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES
15 TOTAL EXPENDITURES (SUM, LINES 11-14)
16 UNEXPENDED BALANCE (LINE 08 - LINE 15)
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)
22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)

LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION
24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS
26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS
31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 32 ENTITLEMENT GRANT
33 PRIOR YEAR PROGRAM INCOME
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 42 ENTITLEMENT GRANT
43 CURRENT YEAR PROGRAM INCOME
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)
46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)

MADERA , CA
2,021.00

0.00 949,042.00

0.00 0.00
11,149.10

0.00 0.00

0.00 0.00
960,191.10
1,108,068.79

0.00 1,108,068.79
347,446.48

0.00 0.00
1,455,515.27
(495,324.17)

0.00 0.00
590,117.80

0.00 590,117.80

53.26%
PY: PY: PY:

0.00 0.00

0.00%
156,718.07

0.00 0.00

0.00 156,718.07
949,042.00
52,527.96

0.00 1,001,569.96

15.65%
347,446.48

0.00 0.00

0.00 347,446.48
949,042.00
11,149.10

0.00 960,191.10

36.19%
Attachment B
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
14:02
09-08-22
Program Year 2021

MADERA , CA
LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17 Report returned no data.

LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18 Report returned no data.

LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
2020
2021
2016
2016
2016
2016
2018
2018
2018
2019
2019
2019
2020
2021
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2021
2021
2021
2021
2021
2021
2021
2021
2020
2020
Total
4 4
12 7
7 7
7 9
11 11
4 4
4 12
6 13
13 13
13 3
3 7
7 8
8 3
3 3
5 8
7 9
4 6
6 288
288
308
241
241
241
241
265
266
266
277
277
277
297
312
298
298
298
298
287
287
291
291
292
292
289
289
305
299
301
300
303
307
290
290
6514017
6528743
6619377
6514017
6534957
6560767
6621275
6514017
6514017
6621279
6534957
6621279
6626043
6626044
6619905
6528743
6564222
6564223
6621279
6514017
6528743
6514017
6528743
6514017
6528743
6514017
6528743
6619270
6619265
6619615
6619687
6619363
6619357
6514017
6528743
Homeless Services
Homeless Services
Rapid Rehousing
Centennial Park Rehabilitation and Lighting Project
Centennial Park Rehabilitation and Lighting Project
Centennial Park Rehabilitation and Lighting Project
Centennial Park Rehabilitation and Lighting Project
Parks ADA Improvements Phase II
HAWK Pedestrian Signal
HAWK Pedestrian Signal
Sidewalks Improvements Near MLK Middle School
Sidewalks Improvements Near MLK Middle School
Sidewalks Improvements Near MLK Middle School
Lily and Vineyard street improvements
Homeless Services Program
Flashing stop signs lake and adell
Flashing stop signs lake and adell
Flashing stop signs lake and adell
Flashing stop signs lake and adell
Senior Services
Senior Services
Youth Services
Youth Services
Youth Leadership Program
Youth Leadership Program
BIGS Program
BIGS Program
BIGS Program
MMCJ Youth Street Art
Pequenos Empresarios 21-22
OLIVE Safe House
MCCJ Rental Assistance
Building Better Parents
Parental Education
Parental Education
03C
03C
03C
03C
03F
03F
03F
03F
03F
03F
03K
03K
03K
03L
03L
03L
03L
03L
03T
03T
03Z
03Z
03Z
03Z
03Z
05A
05A
05A
05D
05D
05D
05D
05D
05D
05D
05D
05D
05D
05G
05G
05S
05S
05X
05X
05Z
05Z
05Z
LMC
LMC
LMC
Matrix Code 03C
LMA
LMA
LMA
LMA
LMC
Matrix Code 03F
LMA
LMA
Matrix Code 03K
LMC
LMC
LMC
LMC
Matrix Code 03L
LMC
Matrix Code 03T
LMC
LMC
LMC
LMC
Matrix Code 03Z
LMC
LMC
Matrix Code 05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
Matrix Code 05G
LMCSV
Matrix Code 05S
LMC
Matrix Code 05X
LMC
LMC
Matrix Code 05Z
$25,306.39
$4,693.61
$524.01
$30,524.01
$80,236.68
$16,350.58
$63,794.64
$15,966.89
$13,719.72
$190,068.51
$71,705.70
$6,821.44
$78,527.14
$36,680.03
$15,096.58
$51,838.39
$19,051.92
$122,666.92
$12,203.36
$12,203.36
$7,643.57
$2,084.03
$1,660.00
$225.55
$11,613.15
$5,100.73
$32,508.27
$37,609.00
$4,373.52
$5,626.48
$23,432.28
$10,417.72
$7,025.32
$2,974.68
$1,677.98
$700.00
$5,000.00
$61,227.98
$22,151.31
$22,151.31
$5,342.20
$5,342.20
$2,884.22
$2,884.22
$12,480.59
$2,819.41
$15,300.00
$590,117.80
LINE 27 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 27 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2021
2020
2020
6 3
3 312
287
287
6619905
6514017
6528743
No
No
No
Homeless Services Program
Senior Services
Senior Services
B21MC060053
B20MC060053
B20MC060053
EN
EN
EN
03T
03T
05A
05A
LMC
Matrix Code 03T
LMC
LMC
$12,203.36
$12,203.36
$5,100.73
$32,508.27
PR26 - CDBG Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 3
14:02
09-08-22
Program Year 2021

MADERA , CA
Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number
Activity to
prevent,
prepare for,
and respond
to
Coronavirus
Activity Name Grant Number Fund
Type
Matrix
Code
National
Objective
Drawn Amount
2020
2020
2020
2020
2021
2021
2021
2021
2021
2021
2021
2021
2020
2020
Total
7 7
8 8
3 3
3 5
8 7
9 4
6 6
291
291
292
292
289
289
305
299
301
300
303
307
290
290
6514017
6528743
6514017
6528743
6514017
6528743
6619270
6619265
6619615
6619687
6619363
6619357
6514017
6528743
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Youth Services
Youth Services
Youth Leadership Program
Youth Leadership Program
BIGS Program
BIGS Program
BIGS Program
MMCJ Youth Street Art
Pequenos Empresarios 21-22
OLIVE Safe House
MCCJ Rental Assistance
Building Better Parents
Parental Education
Parental Education
Activity to prevent, prepare for, and respond to Coronavirus B20MC060053
B20MC060053
B20MC060053
B20MC060053
B20MC060053
B20MC060053
B21MC060053
B21MC060053
B21MC060053
B21MC060053
B21MC060053
B21MC060053
B20MC060053
B20MC060053
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
EN
05A
05D
05D
05D
05D
05D
05D
05D
05D
05D
05D
05G
05G
05S
05S
05X
05X
05Z
05Z
05Z
Matrix Code 05A
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
Matrix Code 05D
LMC
Matrix Code 05G
LMCSV
Matrix Code 05S
LMC
Matrix Code 05X
LMC
LMC
Matrix Code 05Z
$37,609.00
$4,373.52
$5,626.48
$23,432.28
$10,417.72
$7,025.32
$2,974.68
$1,677.98
$700.00
$5,000.00
$61,227.98
$22,151.31
$22,151.31
$5,342.20
$5,342.20
$2,884.22
$2,884.22
$12,480.59
$2,819.41
$15,300.00
$156,718.07
$156,718.07
LINE 37 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 37 Plan
Year
IDIS
Project
IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
2020
2020
2021
2021
Total
1 2
2 1
2 286
296
296
310
309
6514017
6514017
6528743
6619719
6619389
Administration
CAPMC Continuum of Care
CAPMC Continuum of Care
City Admin 21-22
Fresno Madera Continuum of Care
21A
21A
21A
21A
21A
21A Matrix Code 21A
$162,206.00
$4,280.91
$10,334.37
$169,808.00
$817.20
$347,446.48
$347,446.48
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 1
14:03
09-08-22

MADERA , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL AVAILABLE (SUM, LINES 01-03)
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
20 CDBG-CV GRANT
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20)

MADERA , CA
938,981.00

0.00 0.00
938,981.00
401,662.15
50,000.00

0.00 451,662.15
487,318.85

0.00 0.00
401,662.15
401,662.15
401,662.15
100.00%
257,571.60
938,981.00

27.43%
50,000.00
938,981.00

5.32%
Attachment C
PR26 - CDBG-CV Financial Summary Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Integrated Disbursement and Information System
DATE:

TIME:

PAGE: 2
14:03
09-08-22

MADERA , CA
LINE 10 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 10 Report returned no data.

LINE 11 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 11 Report returned no data.

LINE 12 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 12 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
16 17
18 19
281
284
282
283
6477353
6496138
6650280
6496138
6528743
6650237
6496138
6650290
6496138
6528743
6650260
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Micro Enterprise Grant Program
Micro Enterprise Grant Program
Micro Enterprise Grant Program
Eviction Prevention
Eviction Prevention
Micro Enterprise Grant
Micro Enterprise Grant
Micro Enterprise Grant
05Q
05Q
05Q
18C
18C
18C
05Q
05Q
18C
18C
18C
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
LMC
$49,883.72
$38,536.37
$108,812.04
$75,000.00
$20,000.00
$10,000.00
$52,274.76
$8,064.71
$29,090.55
$5,000.00
$5,000.00
$401,662.15
LINE 16 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 16 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
16 18
281
282
6477353
6496138
6650280
6496138
6650290
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction & Utility Shutoff Prevention
Eviction Prevention
Eviction Prevention
05Q
05Q
05Q
05Q
05Q
LMC
LMC
LMC
LMC
LMC
$49,883.72
$38,536.37
$108,812.04
$52,274.76
$8,064.71
$257,571.60
LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19 Plan Year IDIS Project IDIS
Activity
Voucher
Number Activity Name MatrixCode
National
Objective Drawn Amount
2020
Total
15 285 6619760 Administration 21A $50,000.00
$50,000.00
RESOLUTION NO. 22-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE 2021-2022 COMMUNITY DEVELOPMENT

BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT AND FINANCIAL SUMMARY
WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) reflects City of Madera’s performance of its 2021-2022 CDBG Action Plan; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires entitlement communities receiving CDBG funds to annually review and publicly report on the progress made in carrying out its Annual Action Plan; and WHEREAS, HUD requires submission of the CAPER within 90 days after the program year end on June 30, 2022; and
WHEREAS, as required by HUD regulations, citizen participation was encouraged by publishing notice of the public comment period and hearing, inviting the public to provide input; and
WHEREAS, published notices contained details about the date, time and location for the public hearing and advised that citizens’ comments may be submitted in person or in writing until 5:00 pm on September 22, 2022; and
WHEREAS, at its regular City Council Meeting of September 21, 2022, the City Council held a public hearing to consider the CAPER; and
WHEREAS, staff recommends approval of the CAPER to ensure compliance with HUD requirements and to ensure that City’s continued receipt and use of CDBG funding is not jeopardized.

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

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

2. The City Council approves the 2021-2022 U.S. Department of Housing and Urban Development City of Madera Consolidated Annual Performance and Evaluation Report and Financial Summary Report, a copy of which is attached as Attachment A to this resolution and incorporated by reference.

3. This resolution is effective immediately upon adoption. ****
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The 2021-2022 Program Year was the second of five years within the City of Madera’s current Consolidated Plan (2020-2024) and accounts for projects and activities undertaken between July 1, 2021 and June 30, 2022. The 2021 Consolidated Annual Performance and Evaluation Report (CAPER) describes the City’s progress toward achieving the strategic goals identified in the Consolidated Plan and 2021 Action Plan, and present outcomes of the projects and activities undertaken with Community Development Block Grant (CDBG) and CDBG Coronavirus Aid, Relief, and Economic Security Act (CARES Act / CDBG-CV) funds available to the City of Madera.

Major initiatives and highlights proposed and executed throughout the program year are as follows:

Subrecipient Accomplishments:

1. BIGS STEM Program -
Big Brothers Big Sisters provided one-to-one mentoring to 37 at-risk youth. The program assisted youth through empowerment, encouragement, and enrichment. Additionally, youth were provided social emotional support across numerous ways including financial literacy and STEM opportunities.

2. Madera Coalition for Community Justice Street Art Program - The Street Art program served 87 youth, successfully exceeded its goal of serving 75 youth. The Street Art Project engaged five local schools in participating in community paint events. Youth participated in a Paint Party in celebration of Black History. Local artists participated in the event and taught youth how to use spray paint and other sketching/painting styles.

3. Madera Rescue Mission -
The Madera Rescue Mission provided homeless services to 119 unduplicated persons. The Mission also provided 102 beds (38 for CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
women and 64 for men) and served over 36,000 meals in program year 2021-2022. The Mission currently has 12 participants in their 9- 12 month recovery program. Through respite care six clients were referred to Madera Community Hospital and in partnership with the Camarena Health Mobile Unit, 25 people received medical assistance. Case management was offered to more than 65 clients, of these six successfully found permanent housing and eight obtained full-time employment.

4. O.L.I.V.E. Safe House –
OLIVE successfully provided individualized care to victims of human trafficking. They exceeded their goal to serve 13 individuals and served a total of 30 throughout the program year. In December 2021, OLIVE received the “Non-Profit of the Year” award from California Senator Anna Caballero. OLIVE remains focused on providing individual case-managed care including counseling, education/job assistance, drug rehabilitation, and financial literacy and training.

5. Pequenos Empresarios –
The Pequenos Empresarios program exceeded their target goal of assisting 140 clients. During the 2021-2022 program year a total of 178 clients were served. Both children and parent(s) successfully completed the program. Participants attended workshops focused on leadership and values, environmental awareness, business life and finance, manners, and nutrition. Children who participated demonstrated improved academic achievements, social skills, and communication skills.

6. Madera Coalition for Community Justice Rental Assistance Program (MRAP) – MRAP served 392 Madera residents with rental assistance who have faced hardships and were in danger of eviction or utility shutoff.

These clients were also offered additional services such as financial assistance, food, legal counsel, and financial counseling. A total of 788 Madera residents were screened for services. Of these, 32 households received rental assistance, 61 received utility assistance, and 63 received assistance with past due electric/gas charges thus preventing utility shut off. Ineligible applicants received a warm hand-off to partnering agencies to assist them with their needs.

7. CAPMC Rapid Rehousing Program
The Rapid Rehousing program successfully provided wrap around services to 54 local residents. The Homeless Engagement for Living CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Program (HELP) serves as a one-stop shop for homeless individuals. A total of 279 individuals came in contact with staff from CAPMC through outreach. Of these, one (1) entered a drug rehabilitation program, 67 received referrals to Behavioral Health Services with 7 linking to care. Staff referred 14 individuals to Madera County Workforce and of those 3 gained employment. A total of 44 homeless individuals were assisted with obtaining a social security card and 10 with a birth certificate.

8. Habitat for Humanity Exterior Paint Project –
This program revitalized homes by providing exterior painting for six (6) homeowners. This program aimed to transform housing stock while renewing the first layer of protection against the elements. The exterior paint program served as both a revitalization and owneroccupied stabilization program. Substantial repairs to the homes that eliminated health & environmental hazards were performed prior the painting. Once the home was painted, it provided an immediate visual impact to the neighborhood.

9. CAPMC Continuum of Care (CoC) Program –
The CAPMC CoC program addressed community challenges created by homelessness, coordinated case management, intake, and referrals with the local and regional collaboration of homeless service providers, input and accessed data to the Homeless Management Information System and represented Madera in the Fresno/Madera Continuum of Care.

CDBG-CV Subrecipient Accomplishments:

1. Madera Downtown Association in providing emergency business relief to eight (8) eligible businesses.

2. Madera County Economic Development Commission provided emergency business relief to 12 businesses.

3. Madera Community Action Partnership provided rental and rapid re-housing assistance to 63 households impacted by COVID-19.

4. Madera Coalition for Community Justice provided eviction and utility shutoff prevention assistance to 919 households impacted by COVID-19.

CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Access to
Affordable
Housing
Affordable
Housing
CDBG:
$477,027
Increased Access to
Affordable Housing
– Rental
Rehabilitation,
Rapid Rehousing
and Victim Housing
Households/
Housing Unit
333 60 60% 138 60 43%
Prevent and
Reduce
Homelessness
Homeless
CDBG:
$37,856
Emergency Shelter,
Transitional
Housing Beds
added; Homeless
Prevention
Assistance
Persons
Assisted
1500 2247

0.00%
2035 2119 104%
Enhance
Quality of
Infrastructure
Non-Housing
Community
Development
CDBG:
$500,000
Public Facility or
Infrastructure
Activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
1500 0

0.00%
5000 0 0.00%
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Improve Access
to Services
Non-Homeless
Special Needs
CDBG:
$127,500
Public Service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
840 875 104% 1500 773 52%
Administration Administration
CDBG:
$169,808
Table 1 - Accomplishments – Program Year & Strategic Plan to Date CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
CARES Act Goals & Accomplishments
Goal Category Source/Amount Indicator Unit of
Measure
ExpectedProgram
Year
Actual –
Program
Year
Percent
Complete
Enhance
Economic Well
Being
Non-Housing
Community
Development
CDBG-CV:
$211,000
Public Service
activities other
than
Low/Moderate
Income Housing
Benefit
Businesses
Assisted
20 20 100%
Prevent and
Reduce
Homelessness
Homeless CDBG-CV:
$122,322
Housing
Assistance /
Rapid Rehousing
Persons
Assisted
129 63 49%
Other Public
Services
Non-Housing
Community
Development
CDBG-CV:
$280,321
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Households
Assisted
1050 919 88%
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

Each of the goals listed in the above charts are indicative of the programs the City assisted to address the specific objectives identified in the Annual Action Plan. In terms of the City’s use of funds towards the highest need area (housing and homelessness), the City continued diligent efforts in filling these local gaps. A portion of the City's CDBG Administration allocation funded the Community Action Partnership of Madera County (CAPMC) local and regional homeless services coordination and participation in the Fresno Madera Continuum of Care (FMCoC). In 2022, 4,216 homeless persons were counted in the region served by the FMCoC. This represents a 13% increase, from the 2020 count, of 575 homeless individual. During the 2021-2022 Program year, 919 households and 20 businesses received assistance for rental, utility, payroll or other operating expenses due to the COVID crisis. The Madera Rescue Mission was able to provide homeless prevention and other services to 119 CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
unduplicated individuals. Habitat for Humanity helped to revitalize neighborhoods by painting six low/mod residences.

CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)
CDBG
White 901
Black or African American 37
Asian 6
American Indian or American Native 3
Native Hawaiian or Other Pacific Islander
Total 959
Hispanic 775
Not Hispanic 184
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
Twelve persons assisted identified with race/ethnicity not reflected on the table above. Three identified as more than one race/ethnicity and nine identified as other.

Hispanics are the largest Ethnicity served with CDBG funds. However, the programs also serve residents of other races and ethnicities. CDBG and all other federal and state funds committed to activities within the City of Madera include a directive to serve low and moderate income persons and households within the community. The City will continue to assess outreach, intake and delivery of projects/activities to reach and accommodate the targeted population. Over 10% of participants (182) report their Ethnicity as Not Hispanic/Other.

According to the 2020 US Census American Community Survey, Hispanics make up 78.3% of the City of Madera’s population, 2013-2017 American Community Survey Demographic and Housing Estimates, Madera's Hispanic/Latino (of any race) make up 78.8 % of the population, with whites at 14.3% and Black or African American at 4.2%. The racial and ethnic composition of the persons assisted with CDBG funds reflects the ACS Survey estimates.
.

CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 1,312,192 880,843
Other public – state
CDBG-CV public - federal 938,981 369,638
Table 3 - Resources Made Available
Narrative
The expended amount is lower than the awarded amount as the City also utilized funds from previous program years. In addition, the expenditures are higher than reflected above, as there are additional drawdowns that occurred after the program year closed.

The City was awarded $938,981 in CDBG-CV funds and expended $369,638. The activities funded with CDBG-CV funds are ongoing. If there are any unused funds at the completion of an activity, the City will reallocate the funds to other activities.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
City of Madera City
Limits 100 100
Table 4 – Identify the geographic distribution and location of investments Narrative
All funds were spent within CDBG eligible Census Tracts. Projects funded with previous years’ allocations are underway and expected to be completed on or before June 30, 2023.

CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

Many of the subreceipients have additional resources to leverage with their CDBG funding award. Resources made available to carry out CDBG-funded subrecipient activities include sources from the Fresno/Madera Area Agency on Aging, Local Workforce Innovation and Opportunity Act, CalWORKs, Department of Rehabilitation, Local Transporation Funds and Development Impact Fees. In addition, some subreceipients receive donations and utilize inkind volunteers.

The development of the Downtown Madera Veterans and Family Housing (DMVFH) project was completed in March 2022, creating 48 affordable housing units for extremely-low to lowincome households earning between 30 and 60 percent of Area Median Income. The DMVFH will be located at the intersections of C and 5th Streets, on two publicly owned sites. The project includes seven supportive housing units for homeless persons, improvements to sidewalks, bicycles routes and connections to transit between the project site and key destinations in Madera. it includes two, three-story buildings with a diverse unit mix of 18 studios, 10 one-bedroom, 12 two-bedroom and 8 three-bedroom apartments.

CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 91
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 8 0
Number of households supported through
Acquisition of Existing Units 35 0
Total 43 91
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

Due to COVID-19 and staffing shortages, the City of Madera was not able to meet its annual goals identified in its Action Plan but does intend to meet its five-year Consolidated Plan goals. Additionally, the City and subrecipients were not able to undertake rehabilitation projects on existing units. Activities shifted to exterior repair needs, where Habitat for Humanity was able to assist six eligible households with exterior painting. Also in this program year, the City was also able to partner with Habitat for Humanity to provide gap financing for four first time homebuyers.

CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Discuss how these outcomes will impact future annual action plans.

The City anticipates that interest in the Affordable Housing Programs will increase in the next two-three years. In the last 12 months, the housing market has caused the Homebuyer Assistance Programs to be less competitive with the increased participation from outside investors with all cash offers driving costs up, and eliminating escrow periods. The City will continue to seek partnerships with affordable housing developers to provide the affordable housing units needed.

The Community Action Partnership of Madera County obtained an Emergency Solutions Grant. They will help with Outreach, Homeless Preention, Rapid Rehousing and Emergency Shelter in the form of hotel payments for those who might not be eligible to go to the Madera Rescue Mission. The City is very much committed to working with the County and local non-profits and service providers to access funds available through SB 850: the Homeless Emergency Aid Program (HEAP) and California Emergency Solutions and Housing (CESH). The 2020 Point-in-Time count identified 390 sheltered and unsheltered homeless people in Madera County. Thousands of dollars have and will be spent on law enforcement, code enforcement, outreach and the constant cleanup efforts of the riverbed.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 2
Low-income 1
Moderate-income 1
Total 4
Table 7 – Number of Households Served
Narrative Information
The City will continue to promote and administer affordable housing programs providing down payment assistance and owner-occupied rehabilitation assistance to eligible residents.

CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City participates on the Madera Homeless Coalition. This coalition consists of representatives from the Department of Social Services, local faith-based organizations, Madera Food Bank, Madera Rescue Mission, the Madera County Sherriff's Department and the Madera Police Department. The Community Action Partnership of Madera County leads the Coalition and represents the region on the Fresno Madera Continuum of Care (FMCoC). The FMCoC coordinates an active multi-disciplinary team. Efforts to meet specific objectives for reducing and ending homelessness are evaluated thereby resulting in the direction taken to reach out to homeless persons.

Addressing the emergency shelter and transitional housing needs of homeless persons The City is an active member of the FMCoC who is the organization responsible for the Fresno & Madera Regional 10-Year Plan to end Homelessness. Additionally, the City works in close partnership with the Madera Rescue Mission which provides a vital service to individuals and families that find themselves without a home. The mission provides meals, lodging and many other services.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Mainstream resources were provided by the Madera County Department of Social Services through CalFresh, CalWorks, Medi-Cal, General Relief and other programs. In addition, Madera residents have access to facilities in adjacent larger cities and counties that have community care facilities and supportive housing beds for people with health-related needs.

CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The partnerships developed between the FMCoC members and other agencies allow service providers to coordinate efforts to assist those experiencing homelessness make the transition to permanent housing and remain permanently housed as quickly as possible.

Operated by the Madera Rescue Mission, MAP (Multi-Agency Access Program) is an integrated intake process that connects individuals facing homelessness and connects them with housing. In addition, MAP connects those homeless facing challenges with behavioral health, substance abuse, physical health and/or mental health to the appropriate social services.

CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City and the Housing Authority of the City of Madera (HACM) receive Federal funding for the HACM's Section 8, Farm Worker Housing and Pomona Ranch Migrant Housing Center. The two agencies receiving annual allocations of Federal housing funds. The annual allocations for both are insufficient to address the extent of households paying more than half of their income for rent or living in substandard housing and for providing additional public housing. A portion of the HACM's budget is allocated to maintenance thereby addressing health and safety needs of their public housing units.

The recently completed Downtown Madera Veterans and Family Housing (DMVFH) project is a 48-unit affordable housing development for extremely-low to low-income households earning between 30 and 60 percent of Area Median Income. DMVFH is located at the intersections of C and 5th Streets, on two publicly owned sites. The project includes seven units as supportive improvements to sidewalks, bicycles routes and connections to transit between the project site and key destinations in Madera. it includes two, three-story buildings with a diverse unit mix of 18 studios, 10 one-bedroom, 12 two-bedroom and 8 three-bedroom apartments.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
All Public Housing families are invited to participate in beccoming a Resident Advisory Board (RAB) member. The members take on an important role in the policy, procedures and program implementations. RAB members make recommendationis regarding the development of the Agency Plan or any significant amendments or modification to the Agency Annual or Five-Year Plans. All Public Housing participants are invited and encouraged to participate in the Family Self Sufficiency (FSS) program. This program encourages families to become homeowners.

Families in the FSS and Resident Oppportunities and Self-Sufficiency programs are given information on training and employment opportunities and other community resources. At the time that a family moves in to a Public Housing unit, a survey is given to them to see what kinds of supportive services is needed for them.

Actions taken to provide assistance to troubled PHAs
Not Applicable. HACM is not designated as a "troubled." CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Madera meets the California Department of Housing and Community Development objectives and strategies as follows:

Access to Opportunity
Outreach and Engagement: Engaged in campaign or other approach to combat NIMBYism--Housing Element and Zoning Ordinance support a variety of housing supply.

Ensure language access (e.g., translation, interpretation and multi-lingual staff) in needed languages in materials and at meetings)--Bilingual (English and Spanish) public meeting and hearing announcements are published, posted and availability of translation is verbally announced during the public hearings. posted. Bilingual staff is available during each public meeting.

Support strategies to facilitate leadership development (improving capacity to engage in local decisionmaking)--Citizens' Police Academy facilitate leadership development. Non-profits awarded funds for youth and parent engagement activities. Citizens' Leadership Academy facilitates citizens learning and understanding of local government operations through a cohort of Department heads.

Recruit residents from neighborhoods to serve or participate in boards, committees and other local government bodies--The City Council is elected by district and the Mayor is elected at-large. Each Council Member appoints persons from their district to boards, committees and other local government bodies. Provides training for staff, elected officials and appointees on issues of disparity, structural racism and inequality--Included as part of HUD's Affirmatively Furthering Fair Housing Plan.

Meetings are conducted at suitable times, accessible to people with disabilities and public transit with interpretation and translation services--Meetings are held in the evenings in locations accessible to persons with disabilities and interpretation/translation services provided.

Actively seek a variety of funding opportunities such as rehabilitation, parks, transit and active transportation--Staff actively seeks funding sources to rehab homes and develop parks, expand transit and provide pedestrian and bicycle transportation.

Develop a proactive code enforcement program that targets rehabilitation needs, results in repairs and mitigates potential costs, displacement and relocation impacts on residents--A rental housing inspection program was approved by an Ordinance. Both single-family and multi-family rental housing is inspected.

Seek funding to prioritize basic infrastructure improvements while mitigating displacement and CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
increased costs to vulnerable populations (e.g., seniors, persons with disabilities and farmworkers)--Staff actively seeks funds to improve infrastructure in disadvantaged areas of the City. No displacement or increased costs are associated with these improvements.

Target acquisition and rehabilitation of vacant and blighted properties--Staff actively seeks funds for infill development. Council adopted three incentive programs to assist businesses and non-profits operating downtown by waiving engineering, planning and building fees for remodeling and ADA improvements.

Affirmatively market or take other actions to promote use of housing choice vouchers in high opportunity areas--The HACM promotes the use of housing choice vouchers citywide.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In Program Year 2021/2022, the City funded programs and activities to address underserved needs as follows:
• CAPMC to coordinate local and regional efforts to address homelessness through the FMCoC. • Madera Coalition for Community Justice Youth Leadership Program to provide youth leadership skills by carrying out community service projects and receiving resources for scholarships and loans to continue their higher education.
• Doors of Hope Pregnancy Resource Center provide counseling, anger management and co-parenting classes.
• Pequenos Empresarios provided early childhood education in healthy eating, manners, finance and care for the planet.
• Habitat for Humanity providing exterior home painting to revitalize residences. • Madera Coalition for Community Justice provided rental assistance to eligible households to prevent eviction.
• Initiated sidewalk ADA improvements in several low/moderate income neighborhoods. • Assisted Big Brothers Big Sisters in supporting thirty-seven, one-to-one mentoring relationships.

CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) All City capital improvement projects follow lead-based paint safety regulations and policies.

The City and sub recipients provide lead-based paint testing as required by funding sources for residential rehabilitation and acquisition
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City provided assistance to at-risk youth and their families. Advice, social activities, leadership strategies and multiple resources were provided to these individuals and families to help them achieve more stable and healthy lives.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's CDBG-funded programs are administered by the City's Grants Department. This Department works collaboratively with other City Departments such as Planning, Community Development, Engeering, Finance, Building, Public Works and Parks. City staff attends the Madera Homeless Coalition and the Fresno/Madera Continuum of Care meetings. Participation in these committees help the City CDBG program and Grants Department stay current and aware of the most pressing community needs, as well as, allows networking/problem solving with local/regional social service providers and to bring in additional resources to meet these needs.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City continues to participate in the Madera Homeless Coalition and the Fresno/Madera Continuum of Care meetings. The City collaborated with the HACM on the Affordable Housing and Sustainable Communities (AHSC) grant.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Continue to comply with antidiscrimination requirements, including all applicable Federal regulations as demonstrated in the City’s application for Community Development Block Grant, HOME, and other Federal funds, implement policies and programs identified in its Housing Element and implement Zoning Ordinance amendments necessary to further fair housing and implement the recommended actions in the City of Madera ADA Self-Evaluation and Transition Plan to modify its policies, practices, and procedures to avoid discrimination against people with disabilities.

CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
City staff is available to offer assistance and answer questions of sub-recipients, and is in contact with each sub-recipient quarterly regarding quarterly reports, invoices and other matters. Staff works with departments issuing CDBG-funded RFPs to ensure minority business and Section 3 outreach and compliance is included. City staff coordinates with the CAPMC and the HACM to comprehensively plan and prioritize specific objectives for reducing and ending homelessness.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

Pursuant to HUD public noticing requirements, the CAPER was made available for public review and comment for a two-week period. Public notice of the comment period was published in the Madera Tribune, on the City website and on social media. Notices were also provided to the HACM and the Madera County Library.

The draft CAPER was available on the City’s website at www.madera.gov. Copies were also available at City Hall in the Grants Office. A copy of the public notice is included in the Appendix.

The Public Notice contained the start and end dates for the public comment period and Grants Staff contact information for comment submission. The public is invited to submit comments directly to staff during the comment period or provide comments at the public hearing.

CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

Community outreach efforts with citizens were meaningful and informed when developing the Action Plan. City staff expanded outreach and community engagement. Resident’s input was prioritized in the development of the Action Plan. The goal was to determine what residents considered to be the most pressing needs that CDBG funds should support.

CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.

CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
Attachment
Cover Page
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
Financial Summary
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Signed Resolution
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
Proof of Publication
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: September 21, 2022
Agenda Number: C-3
Jamie Hickman, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Urban Water Management Plan 2020 Update and Water Shortage Contingency Plan RECOMMENDATION:

Conduct a public hearing and adopt Resolutions approving:

1. The Urban Water Management Plan 2020 Update

2. Water Shortage Contingency Plan
SUMMARY:

Every five years, the City is required to update its Urban Water Management Plan (UWMP). The plan was last updated in 2017. In order to comply with State guidelines, the City retained industry leader Provost & Pritchard Consulting Group (P&P) to assist in the preparation of the UWMP and the Water Shortage Contingency Plan (WSCP) which is an appendix to the UWMP but is considered a separate plan from the UWMP. Council may recall that the City issued an Request for Proposal to assist in the preparation of the UWMP and received four proposals. Council approved a contract with P&P at its June 2, 2021 meeting.

In is also noted that the City is the only municipal water purveyor within the City and provides service to approximately 65,500 residents and provides a connection to Parkwood that can be used in emergency situations.

The State’s Water Code requires urban water suppliers within the state to prepare and adopt an UWMP for submission to the California Department of Water Resources (DWR). The UWMPs must satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983 including amendments thereto and other applicable regulations. The UWMPA only requires the UWMP be prepared for urban water suppliers that service 3,000 or more connections or supply more than 3,000 acre-feet (AF) of water annually.

It is further worth noting that while the City water supply has historically been consistent, due in large part to the reliability of the groundwater aquifer, as SGMA (Sustainable Groundwater Management Act) is further implemented, it is possible that there will be further restrictions on groundwater pumping especially in critical dry and multiple dry years

PURPOSE OF THE URBAN WATER MANAGEMENT PLAN
The purpose of the UWMP is to maintain efficient use of urban water supplies, continue to promote conservation programs and policies, ensure that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during water drought conditions.

This report, which was prepared in compliance with the California Water Code, as set forth in the 2020 Urban Water Management Plan Guidebook for Urban Water Suppliers (UWMP Guidebook) established by the DWR (DWR, 2021), constitutes the City of Madera’s (City) 2020 UWMP.

URBAN WATER MANAGEMENT PLAN (UWMP) OVERVIEW
The UWMP discusses the water system, system supplies and demands, compliance with legislation requiring reduced demands by 20 percent. The UWMP spans the years from 2020 through 2040 and serves as an update to the UWMP adopted in 2017 for the 2015 – 2035 timeframe.

The City’s service area covers all users within the City limits. Three unincorporated areas are found to the north, south and east of the City, respectively, including Madera Acres, Parkwood, and Parksdale.

The City provides water supplies to the customer base through multiple groundwater wells located throughout the City; the system uses groundwater as its sole water supply source. In the past, the City has purchased small quantities of surface water from Madera Irrigation District for use as groundwater recharge in basins around the service area. Based on recent water audits, the City has not purchased or imported water since at least 2017.

The State set a goal for all cities to reduce their water use by 20 percent and to achieve this goal by the year 2020. To reach this goal, the City needed to limit water use to 196 gallons per day for each person. In 2020, the City met this goal with a per person use of 119 gallons per day and will continue water conservation programs to keep meeting this goal in the future.

The City has water conservation programs that can be implemented in the event of drought or other water supply issues. The City is also prepared to respond to a water supply interruption from an emergency. These measures are documented in the Water Shortage Contingency Plan, which is included in this document as an appendix, but is a separate plan from this UWMP. The City will typically not experience water shortages unless there is a catastrophic interruption of supply.

WATER SHORTAGE CONTINGENCY PLAN (WSCP)
The UWMPA requires that the UWMP include an urban water shortage contingency analysis that addresses levels of action to be undertaken by the urban water supplier in response to water supply shortages, including a more than 50 percent reduction in water supply in severe drought conditions and an outline of specific water supply conditions which are applicable to each stage.

In addition to the stages of action, the City is required to develop mandatory prohibitions against specific water use during shortages and consumption reduction methods in the most restrictive stages. The WSCP outlines necessary steps, the various water shortage stages, response actions should a shortage arise, communication protocols, and compliance and enforcement.

FINANCIAL IMPACT:

The City retained P&P on June 2, 2021 for approximately $53k to assist in the preparation of the UWMP and WSCP. The preparation of both plans was contemplated in the water rates and will be paid for from the Water Enterprise Fund.

ALTERNATIVES:

Potential Council alternatives include:
▪ Request that the item be continued to a date and time certain to allow additional time to consider the plans
▪ Request that additional analysis be prepared
▪ Request that additional action items be included in the plans.

ATTACHMENTS:

1. Resolution adopting the UWMP
a. Urban Water Management Plan

2. Resolution adopting the WSCP
a. Water Shortage Contingency Plan
Resolution for the Urban Water Management Plan
RESOLUTION NO. 22-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ADOPTING THE CITY’S URBAN WATER MANAGEMENT PLAN 2020 UPDATE
WHEREAS, the California Water Code Sections 10620 et seq. require the adoption an Urban Water Management Plan (UWMP); and
WHEREAS, the California Water Code requires urban water suppliers within the State to prepare and adopt Urban Water Management Plans (UWMPs) for submission to the California Department of Water Resources (DWR); and
WHEREAS, the UWMPs, which must be filed every five years, must satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983 including amendments that have been made to the Act and other applicable regulations; and WHEREAS, the City last updated its UWMP in 2017; and
WHEREAS, on March 17, 2021, the City issued a Request for Proposal (RFP) to prepare an UWMP and four proposals were received; and
WHEREAS, on June 2, 2021, the City Council approved a contract with Provost & Pritchard Consulting Group for the preparation of the UWMP; and
WHEREAS, the City, in compliance with said legislation, drafted the UWMP and circulated it for public review and held a duly noticed public hearing; and WHEREAS, the Water Shortage Contingency Plan is an appendix to the UWMP but is considered a separate plan from the UWMP; and
WHEREAS, the public hearing was held before the City Council on September 21, 2022.

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 Urban Water Management Plan, a copy of which is on file in the office of the City Clerk, attached hereto and incorporated by reference, is hereby adopted.

3. The Director of Public Works is hereby authorized and directed to file the UWMP with the California Department of Water Resources.

4. This Resolution is effective immediately upon adoption. * * * * * * * *
City of Madera
Urban Water Management Plan
2020 Update
September 2022
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G:\Madera City of-1021\102121003- Madera UWMP Update\200 Technical\203 Report\2020 UWMP Adopted.docx Report Prepared for:

City of Madera
205 West Fourth Street
Madera, CA 93637
Contact:

Adam Gonzales
(559) 662-4951
Report Prepared by:

Provost & Pritchard Consulting Group
Heather Bashian, PE
Nick Jacobson, PE
Mariham Iskandar, EIT
Contact:

Heather Bashian, PE
(559) 449-2700
COPYRIGHT 2022 by PROVOST & PRITCHARD CONSULTING GROUP

ALL RIGHTS RESERVED
Provost & Pritchard Consulting Group expressly reserves its common law copyright and other applicable property rights to this document. This document is not to be reproduced, changed, or copied in any form or manner whatsoever, nor are they to be assigned to a third party without first obtaining the written permission and consent of Provost & Pritchard Consulting Group In the event of unauthorized reuse of the information contained herein by a third party, the third party shall hold the firm of Provost & Pritchard Consulting Group harmless, and shall bear the cost of Provost & Pritchard Consulting Group's legal fees associated with defending and enforcing these rights.

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City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 iii Table of Contents
Lay Description.........................................................................................................................................ES-1 Executive Summary..................................................................................................................................ES-1 1 Introduction ......................................................................................................................................1-1 Background and Purpose .........................................................................................................1-1 Previous Urban Water Management Plan...............................................................................1-1 Urban Water Management Planning and the California Water Code.....................................1-1 Urban Water Management Planning Act of 1983.......................................................1-1 Water Conservation Act of 2009 (SBx7-7)...................................................................1-3 Applicable Changes to the Water Code since 2015 UWMP ........................................1-3 Water Management Planning Efforts......................................................................................1-4 UWMP Organization ................................................................................................................1-5 2 Plan Preparation................................................................................................................................2-1 Basis for Preparing a Plan ........................................................................................................2-1 Individual Planning and Compliance........................................................................................2-2 Fiscal or Calendar Year and Units of Measure.........................................................................2-2 Coordination and Outreach .....................................................................................................2-3 Wholesale and Retail Coordination.............................................................................2-3 Coordination with Other Agencies and the Community .............................................2-3 Notice to Cities and Counties......................................................................................2-4 3 System Description............................................................................................................................3-1 General Description .................................................................................................................3-1 Service Area Boundary.............................................................................................................3-1 Service Area Climate ................................................................................................................3-4 Climate Change............................................................................................................3-5 Service Area Population and Demographics............................................................................3-6 Land Uses within Service Area .................................................................................................3-6 4 System Demands...............................................................................................................................4-1 Non-Potable versus Potable Use .............................................................................................4-1 Past, Current, and Projected Water Use by Sector..................................................................4-1 Water Use Sectors Listed in Water Code ....................................................................4-2 City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 iv Past Water Use ............................................................................................................4-2 Distribution System Losses..........................................................................................4-4 Current Water Use.......................................................................................................4-5 Projected Water Use ...................................................................................................4-7 Characteristic Five-Year Water Use.............................................................................4-9 Water Use for Low Income Households................................................................................4-10 Climate Change Related to System Demands........................................................................4-11 5 SBx7-7 Baselines, Targets, and Compliance......................................................................................5-1 SBx7-7 Forms and Summary Tables.........................................................................................5-1 SBx7-7 Verification Form.............................................................................................5-1 SBx7-7 2020 Compliance .............................................................................................5-1 DWR Submittal Tables.................................................................................................5-1 Baseline and Target Calculations for 2020 UWMPs.................................................................5-2 6 System Supplies.................................................................................................................................6-4 Water Supply Analysis Overview .............................................................................................6-4 Water Supply Characterization................................................................................................6-4 Purchased or Imported Water.....................................................................................6-5 Groundwater ...............................................................................................................6-5 Surface Water..............................................................................................................6-8 Stormwater..................................................................................................................6-8 Wastewater and Recycled Water................................................................................6-8 Desalination Water Opportunities ............................................................................6-13 Exchanges or Transfers..............................................................................................6-13 Future Water Projects...............................................................................................6-14 Summary of Existing and Planned Sources of Water ................................................6-15 Special Conditions.................................................................................................6-16 Energy Consumption..............................................................................................................6-16 7 Water Supply Reliability ....................................................................................................................7-1 Constraints on Water Sources .................................................................................................7-1 Legal.............................................................................................................................7-1 Environmental .............................................................................................................7-2 Water Quality ..............................................................................................................7-2 Climatic Factor.............................................................................................................7-2 City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 v Reliability by Type Year............................................................................................................7-2 Types of Years..............................................................................................................7-3 Supply and Demand Comparison.............................................................................................7-4 Reliability – Normal Year.............................................................................................7-4 Reliability – Single Dry Year.........................................................................................7-4 Reliability – Five Consecutive Dry Years......................................................................7-5 Description of Management Tools and Options .........................................................7-5 Drought Risk Assessment.........................................................................................................7-6 DRA Data, Methods, and Basis for Water Shortage Conditions..................................7-6 Individual Water Source Reliability .............................................................................7-7 Total Water Supply and Use Comparison....................................................................7-7 8 Water Shortage Contingency Planning .............................................................................................8-1 9 Demand Management Measures......................................................................................................9-1 Demand Management Measures............................................................................................9-1 Water Waste Prevention Ordinance ...........................................................................9-1 Metering ......................................................................................................................9-2 Conservation Pricing....................................................................................................9-2 Public Education and Outreach ...................................................................................9-3 Programs to Assess and Manage Distribution System Real Loss ................................9-4 Water Conservation Program Coordination and Staffing Support .............................9-4 Other Demand Management Measures .....................................................................9-4 Implementation Over the Past Five Years ...............................................................................9-7 Planned Implementation to Achieve Water Use Targets ........................................................9-7 10 Plan Adoption, Submittal, and Implementation .............................................................................10-1 Inclusion of All 2020 Data ......................................................................................................10-1 Notice of Public Hearing ........................................................................................................10-1 Notice ....................................................................................................................10-1 Notice to Public .....................................................................................................10-2 Public Hearing and Adoption .................................................................................................10-2 Public Hearing .......................................................................................................10-2 Adoption................................................................................................................10-3 Plan Submittal........................................................................................................................10-3 Submitting an UWMP and WSCP ..........................................................................10-3 City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 vi Electronic Data Submittal......................................................................................10-3 Public Availability ...................................................................................................................10-4 Amending an Adopted UWMP or WSCP................................................................................10-4 11 References.......................................................................................................................................11-1 List of Figures
Figure ES-1: Historic and Projected Population ......................................................................................ES-2 Figure ES-2: SB X7-7 Compliance ............................................................................................................ES-4 Figure 3-1: Regional Location Map ...........................................................................................................3-2 Figure 3-2: Service Area ............................................................................................................................3-3 Figure 3-3: Climograph..............................................................................................................................3-5 Figure 3-4: Historical and Projected Population .......................................................................................3-6 Figure 4-1: 2020 Water Use by Sector......................................................................................................4-5 Figure 4-2: 2020 Water Demands by Month ............................................................................................4-6 Figure 5-1: Historical Per Capita Water Use..............................................................................................5-2 Figure 6-1: Groundwater Basins and Subbasins .......................................................................................6-6 List of Tables
Table ES-1: Historic Water Production ....................................................................................................ES-3 Table ES-2: Current and Projected Water Use.........................................................................................ES-4 Table ES-3: Normal Year Supply and Demand Comparison.....................................................................ES-5 Table ES-4: Single-Dry Year Supply and Demand Comparison (DWR Submittal Table 7-3) ....................ES-6 Table ES-5: Multiple-Dry Year Supply and Demand Comparison (DWR Submittal Table 7-4) ................ES-6 Table ES-6: Five-Year Drought Risk Assessment......................................................................................ES-7 Table 1-1: Applicable Changes to the Water Code Since 2015..................................................................1-3 Table 2-1: Public Water System (Submittal Table 2-1) ..............................................................................2-1 Table 2-2: Plan Identification (Submittal Table 2-2) ..................................................................................2-2 Table 2-3: Agency Identification (Submittal Table 2-3) .............................................................................2-2 Table 2-4: Water Supplier Information Exchange (Submittal Table 2-4)...................................................2-3 Table 2-5: Coordination with Appropriate Agencies .................................................................................2-4 City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 vii Table 3-1: Climate Statistics.......................................................................................................................3-4 Table 3-2: Population – Current and Projected (Submittal Table 3-1) ......................................................3-6 Table 3-3: Land Uses..................................................................................................................................3-7 Table 4-1: Past Water Production (2000 – 2020).......................................................................................4-3 Table 4-2: Last Five Years of Water Loss Audit Reporting (Submittal Table 4-4) ......................................4-4 Table 4-3: Demands for Potable and Non-Potable Water – Actual (Submittal Table 4-1)........................4-5 Table 4-4: Use for Potable and Non-Potable Water – Projected (Submittal Table 4-2)............................4-8 Table 4-5: Total Water Use (Potable and Non-Potable) (Submittal Table 4-3) .........................................4-8 Table 4-6: Five-Year Projected Water Use.................................................................................................4-9 Table 4-7: Low Income Water Demands..................................................................................................4-10 Table 4-8: Inclusion of Water Use in Projections (Submittal Table 4.5) ..................................................4-10 Table 5-1: Baselines and Targets Summary (Submittal Table 5-1) ............................................................5-2 Table 5-2: 2020 Compliance (Submittal Table 5-2)....................................................................................5-2 Table 6-1: Groundwater Volume Pumped (Submittal Table 6-1)..............................................................6-8 Table 6-2: Wastewater Collected Within Service Area in 2020 (Submittal Table 6-2)............................6-10 Table 6-3: Wastewater Treatment and Discharge (Submittal Table 6-3)................................................6-11 Table 6-4: Current and Projected Recycled Water Direct Beneficial Uses (Submittal Table 6-4)............6-12 Table 6-5: 2015 Recycled Water Use Projection Compared to 2020 Actual (Submittal Table 6-5).........6-12 Table 6-6: Methods to Expand Future Recycled Water Use (Submittal Table 6-6).................................6-13 Table 6-7: Expected Future Water Supply Projects or Programs (Submittal Table 6-7)..........................6-15 Table 6-8: Water Supplies – Actual (Submittal Tables 6-8 and 6-9) ........................................................6-16 Table 6-9: Energy Consumption (Submittal Table O-1A).........................................................................6-17 Table 7-1: Bases of Water Year Data (Submittal Table 7-1).......................................................................7-3 Table 7-2: Normal Year Supply and Demand Comparison (Submittal Table 7-2)......................................7-4 Table 7-3: Single-Dry Year Supply and Demand Comparison (Submittal Table 7-3) .................................7-4 Table 7-4: Multiple-Dry Year Supply and Demand Comparison (Submittal Table 7-4) .............................7-5 Table 7-5: Five-Year Drought Risk Assessment (Submittal Table 7-5).......................................................7-7 Table 9-1: Water User Rates......................................................................................................................9-3 Table 9-2: Rebate Program Implementation .............................................................................................9-5 Table 10-1: Notification Letters (Submittal Table 10-1) ..........................................................................10-2 City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 viii Appendices
Outreach Documents....................................................................................................................................A Water Loss Audits.........................................................................................................................................B 2015 SBx7-7 Compliance Tables...................................................................................................................C 2020 SBx7-7 Compliance Tables...................................................................................................................D Water Shortage Contingency Plan................................................................................................................ E City Ordinances............................................................................................................................................. F UWMP Checklist........................................................................................................................................... G Adopting Resolution .....................................................................................................................................H DWR Submittal Tables ...................................................................................................................................I City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ix Abbreviations
AB..................................................................................................................................... State Assembly Bill AF ..................................................................................................................................................... acre-feet AWWA....................................................................................................American Water Works Association California Water Service .................................................................................................................Cal Water CIMIS ........................................................................ California Irrigation Management Information System CMGSA .......................................................................... City of Madera Groundwater Sustainability Agency CVP............................................................................................................................... Central Valley Project CWC............................................................................................................................. California Water Code DMM ..........................................................................................................Demand Management Measures DOF.............................................................................................................................Department of Finance DRA......................................................................................................................... Drought Risk Assessment DWR ............................................................................................................Department of Water Resources ENSO ..................................................................................................................El Niño Southern Oscillation ETo ................................................................................................................................... evapotranspiration GAC ....................................................................................................................... granular activated carbon GMP ............................................................................................................Groundwater Management Plan gpcd....................................................................................................................... gallons per capita per day gpd ..........................................................................................................................................gallons per day GSP..............................................................................................................Groundwater Sustainability Plan kWh..........................................................................................................................................kilowatt hours MG............................................................................................................................................million gallons mg/L ................................................................................................................................. milligrams per liter MCL ................................................................................................................. Maximum Contaminant Level MGD............................................................................................................................million gallons per day MID.........................................................................................................................Madera Irrigation District MWELO....................................................................................Model Water Efficient Landscape Ordinance RUWMP........................................................................................ Regional Urban Water Management Plan SB ..........................................................................................................................................State Senate Bill SBx7-7 .........................................................................................................Water Conservation Act of 2009 SGMA ...........................................................................Sustainable Groundwater Management Act of 2014 City of Madera
2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 x TCP .............................................................................................................................1,2,3 Trichloropropane TDS ............................................................................................................................... Total Dissolved Solids UDB ................................................................................................................Urban Development Boundary UWMP......................................................................................................... Urban Water Management Plan UWMP Guidebook ............... 2020 Urban Water Management Plan Guidebook for Urban Water Suppliers UWMPA.................................................................................................Urban Water Management Plan Act WSCP.........................................................................................................Water Shortage Contingency Plan WSMP..........................................................................................City of Madera Water System Master Plan WUE .............................................................................................................................. Water Use Efficiency WWTF............................................................................................................Wastewater Treatment Facility Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-1 Lay Description
Legal Requirements:

CWC §10630.5 Each plan shall include a simple lay description of how much water the agency has on a reliable basis, how much it needs for the foreseeable future, what the agency’s strategy is for meeting its water needs, the challenges facing the agency, and any other information necessary to provide a general understanding of the agency’s plan.

The City of Madera has prepared this 2020 Urban Water Management Plan (UWMP), encompassing its entire service area. The UWMP discusses the water system, system supplies and demands, compliance with legislation requiring reduced demands by 20 percent. The UWMP spans the years from 2020 through 2040 and serves as an update to the UWMP adopted in 2017 for the 2015 – 2035 timeframe.

None of these areas receive City water; however, portions of Parkwood are on the City sewer system.

The combined service area includes an estimated population of 65,526 in 2020 with a projection to 81,552 individuals by 2040 (assumed 1.1 percent annual growth rate).

The State of California set a goal for all cities to reduce their water use by 20% and to achieve this goal by the year 2020. To reach this goal, the City needed to limit water use to 196 gallons per day for each person. In 2020, the City met this goal with a per person use of 119 gallons per day and will continue water conservation programs to keep meeting this goal in the future.

Executive Summary
The California Water Code requires urban water suppliers within the state to prepare and adopt Urban Water Management Plans (UWMPs) for submission to the California Department of Water Resources (DWR). The UWMPs, which must be filed every five years, must satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983 including amendments that have been made to the Act and other applicable regulations. The UWMPA requires urban water suppliers servicing 3,000 or more connections or supplying more than 3,000 acre-feet (AF) of water annually to prepare an UWMP.

Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-2 The purpose of the UWMP is to maintain efficient use of urban water supplies, continue to promote conservation programs and policies, ensure that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during water drought conditions. This report, which was prepared in compliance with the California Water Code, as set forth in the 2020 Urban Water Management Plan Guidebook for Urban Water Suppliers (UWMP Guidebook) established by the DWR (DWR, 2021), constitutes the City of Madera’s (City) 2020 UWMP.

The UWMP is organized into ten Sections, including: Section 1 – Introduction and Overview; Section 2 – Plan Preparation; Section 3 – System Description; Section 4 – System Demands; Section 5 – SB X-7 Baselines, Targets, and Compliance; Section 6 – System Supplies; Section 7 – Water Service Reliability; Section 8 – Water Shortage Contingency Planning; Section 9 – Demand Management Measures; and Section 10 – Plan Adoption, Submittal, and Implementation.

System Description
The City is the only municipal water purveyor
within the City limits and provides service to
65,526 City residents. The graphic to the right
shows the anticipated growth within the
service area, including a 1.1% growth rate for
the City.

The existing land uses within the city limits
include 5,362 acres of residential, 1,392 acres
of commercial and office space, 1,003 acres of
industrial, 1,127 acres of Open Space and
Resource Conservation, and 1,472 acres of
Public facilities.

System Demands
The City provides water through five customer classes, including single-family, multi-family, commercial/institutional, industrial, and landscape. The total water delivered in the past twenty years has decreased, while the service population has increased by more than 50 percent, indicating the per capita demands have decreased over the same period, as seen in Table ES-1. 0 10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
1995 2005 2015 2025 2035
Population
Year
Historic Population
Future Population Projection
Figure ES-1: Historic and Projected Population
Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-3 Table ES-1: Historic Water Production
Year Total Annual Water
Production Population Per Capita Consumption
2000 11,834 43,089 245
2001 11,210 44,565 225
2002 11,868 46,066 230
2003 12,473 47,939 232
2004 12,886 49,691 232
2005 12,818 51,735 221
2006 13,299 53,928 220
2007 13,725 57,181 214
2008 13,763 58,767 209
2009 13,114 59,868 196
2010 11,742 61,416 171
2011 11,395 61,574 165
2012 11,742 62,096 169
2013 11,327 62,330 162
2014 10,635 62,342 152
2015 9,313 63,147 132
2016 9,203 63,407 130
2017 9,088 64,052 127
2018 8,393 64,436 116
2019 8,361 65,008 115
2020 8,754 65,526 119
Notes:

Water Production units: acre-feet (AF)
Per Capita Consumption units: gallons per capita per day (gpcd) The total demands for 2020 and the projected demands for the next twenty years can be seen in Table ES-2.

Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-4 Table ES-2: Current and Projected Water Use
Use Type
Current
Water Use
2020 (AF)
Projected Water Use (AF)
2025 2030 2035 2040
Single Family 5,214 8,450 8,145 8,603 9,087
Multi-Family 1,553 2,517 2,426 2,563 2,707
Commercial/Institutional 1,282 2,225 2,350 2,482 2,622
Industrial 80 138 146 154 163
Landscape 550 955 1,008 1,065 1,125
Other 0 0 0 0 0
Water Loss 75 585 618 653 689
Total 8,754 14,870 14,694 15,520 16,392
The projected water use is based on a blend of the 2020 Water Use target of 196 gallons per capita per day (gpcd) and a reduced residential target of 183 and 167 gpcd for years 2025 and 2030 and beyond, respectively. This reduced target reflects the anticipated indoor residential water use standards discussed in Assembly Bill 1668 and Senate Bill 606.

SB X7-7 Compliance
The City’s 2020 per capita water use goal was set in the 2015 UWMP as 196 gpcd. As discussed in the 2020 UWMP Guidebook, the City does not meet any criteria which would necessitate updating the target; therefore, 196 gpcd remains the 2020 water use target. With a water use of 119 gpcd, the City has met the target and achieved SB X7-7 compliance. As shown in the following figure, the City’s per capita water use remains well below the 196 gpcd target. 110
130
150
170
190
210
230
250
270
1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 Per Capita Demand (gpcd)
Year
Water Use (gpcd) 2010 Baseline 2015 Interim Target 2020 Target Figure ES-2: SB X7-7 Compliance
Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-5 System Supplies
The City’s groundwater supplies are extracted from the Madera Subbasin, an unadjudicated basin underlying the area. While the basin does not have legal limitations on groundwater pumping, the City is a participant in the City of Madera Groundwater Sustainability Agency (CMGSA) and a party to the Madera Subbasin Joint Groundwater Sustainability Plan (MJGSP)1. The CMGSA is working cooperatively with the six (6) other GSAs in the Madera Subbasin to manage the groundwater aquifer and reach sustainability by 2040. As part of those efforts, the agencies have agreed to manage groundwater extraction in a way that does not cause undesirable results in the aquifer.

Historically, the City’s water supply has been 100 percent from groundwater. In the past, the City has purchased small quantities of surface water from Madera Irrigation District for recharge purposes, not use within the drinking water system.

Water Supply Reliability
A comparison of the City’s supplies and projected demands is used to evaluate the water supply reliability. The supply shown in the following tables is entirely groundwater and does not represent the total supply available in the aquifer but rather the supply utilized by the City to meet its customers’ demands.

The City water supply has historically been very consistent, due in large part to the reliability of the groundwater aquifer, and it is anticipated this will continue into the future. However, as SGMA is further implemented, it is possible that there will be further restrictions on groundwater pumping especially in critical dry and multiple dry years.

This comparison is completed for “normal” years when no drought conditions are present.

Table ES-3: Normal Year Supply and Demand Comparison
Condition 2025 2030 2035 2040
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Units: AF
The single dry water year will be largely unaffected by dry weather conditions, due to the City’s reliance on groundwater. This projection does not take into account possible state-wide mandates for conservation beyond that required by SBx7-7, groundwater pumping restrictions that may arise from SGMA, or any possible future adjudication of the basin. 1 The MJGSP was prepared by four (4) of the seven (7) GSAs within the subbasin, including the CMGSA.

Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-6 Table ES-4: Single-Dry Year Supply and Demand Comparison (DWR Submittal Table 7-3) Condition 2025 2030 2035 2040
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Units: AF
It is anticipated State-wide conservation mandates would be required during a prolonged drought; however, the magnitude of those mandates is unknown, and supplies would be available from the aquifer to meet the demands, even if demands were reduced based on mandated conservation requirements.

Table ES-5: Multiple-Dry Year Supply and Demand Comparison (DWR Submittal Table 7-4) Condition 2025 2030 2035 2040
First Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Second Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Third Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Fourth Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Fifth Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Units: AF
As the final portion of Section 7, the City prepared a Drought Risk Assessment, evaluating the preparedness of the City to contend with a drought immediately within the next five years. Using the 2012-2016 drought as a model, the supplies were assumed to be reduced and conservation measures implemented to meet the reduction in usable supplies.

Lay Description / Executive Summary
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 ES-7 Table ES-6: Five-Year Drought Risk Assessment
Year
Without WSCP Actions Planned WSCP Actions
Total
Water Use
Total
Supplies
Surplus/Shortfall
w/o WSCP
Action
Supply
augmentation
benefit
Use
reduction
savings
benefit
Revised
Surplus/
(shortfall)
Resulting %
Use Reduction
from WSCP
action
2021 9,977 9,977 (594) 0 1,037 1,037 10%
2022 11,201 11,201 (338) 0 2,240 2,240 20%
2023 12,424 12,424 (822) 0 2,485 2,485 20%
2024 13,647 13,647 (1,670) 0 3,412 3,412 25%
2025 14,870 14,870 (1,667) 0 4,461 4,461 30%
Units: AF
Demand Management Measures
The final substantive component of the UWMP addresses the City’s efforts to implement Demand Management Measures (DMM), including water waste prevention, implementing water metering programs, conservation pricing, public education, assessing and managing system losses, and other measures. The City implements all recommended DMMs and continues to monitor their effectiveness and evaluate introduction of new measures in the “other” category. Implementation of the DMMs helps the City respond to water conservation needs.

This Page Has Been Intentionally Left Blank
Section One: Introduction
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 1-1 1 Introduction
Background and Purpose
The California Water Code requires urban water suppliers within the state to prepare and adopt Urban Water Management Plans (UWMPs) for submission to the California Department of Water Resources (DWR). The UWMPs, which must be filed every five years, must satisfy the requirements of the Urban Water Management Planning Act (UWMPA) of 1983 including amendments that have been made to the Act and other applicable regulations. The UWMPA requires urban water suppliers servicing 3,000 or more connections or supplying more than 3,000 acre-feet (AF) of water annually, to prepare an UWMP.

The purpose of the UWMP is to maintain efficient use of urban water supplies, continue to promote conservation programs and policies, ensure that sufficient water supplies are available for future beneficial use, and provide a mechanism for response during water drought conditions. This report, which was prepared in compliance with the California Water Code, and as set forth in the 2020 Urban Water Management Plan Guidebook for Urban Water Suppliers (DWR, 2021) established by the DWR (UWMP Guidebook), constitutes the City of Madera (City) 2020 UWMP.

This 2020 UWMP was prepared in compliance with the UWMPA and the Water Conservation Bill of 2009 (Senate Bill [SB] x7-7) by Provost & Pritchard Consulting Group (P&P) and the City. Contact information for the City and P&P is included at the beginning of this document.

Previous Urban Water Management Plan
The City previously prepared an UWMP in 2015, which was approved and adopted by the City Council on April 5, 2017. Following adoption, the 2015 UWMP was submitted to and approved by DWR.

This 2020 UWMP serves as an update to the 2015 UWMP and complies with all new UWMP requirements and regulations.

Urban Water Management Planning and the California Water Code
This section summarizes the California Water Code (CWC) sections that are applicable to UWMPs.

Urban Water Management Planning Act of 1983
In 1983, State Assembly Bill (AB) 797 modified the California Water Code Division 6, by creating the Urban Water Management Plan Act (UWMPA). Several amendments to the original UWMPA, which were introduced since 1983, have increased the data requirements and planning elements to be included in UWMPs.

Initial amendments to the UWMPA required that total projected water use be compared to water supply sources over the next 20 years, in 5-year increments. Recent DWR guidelines also suggest Section One: Introduction
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 1-2 projecting through a 25-year planning horizon to maintain a 20-year timeframe until the next UWMP update has been completed. This is merely a guideline and not a requirement of the UWMPA.

Therefore, the use of a 25-year planning horizon as opposed to a 20-year planning horizon is left up to the discretion of the agency. The City has opted to use a 20-year planning horizon for the purposes of this UWMP.

Other amendments require that UWMPs include provisions for recycled water use, demand management measures, and a water shortage contingency plan. The UWMPA requires inclusion of a water shortage contingency plan, which meets the specifications, set forth therein. Recycled water was added into the reporting requirements for water usage and figures prominently in the requirements for evaluation of alternative water supplies when future projections predict the need for additional water supplies. Each urban water purveyor must coordinate the preparation of the water shortage contingency plan with other urban water purveyors in the area, to the extent practicable. Each water supplier must also describe their water demand management measures that are being implemented or scheduled for implementation.

In addition to the UWMPA and its amendments, there are several other regulations that are related to the content of the UWMP. In summary, the key relevant regulations are:
• Assembly Bill (AB) 1668 (Friedman, 2018), and Senate Bill (SB) 606 (Hertzberg, 2018): These two bills amended existing law to provide expanded and new authorities and requirements to enable permanent changes and actions for those purposes, improving the state's water future for generations to come. SB 606 and AB 1668 provides complementary authorities and requirements that affect water conservation and drought planning for urban water suppliers, agricultural water suppliers, and small water suppliers and rural communities. • AB 1465 (Hill, 2009): Requires water suppliers to describe opportunities related to recycled water use and stormwater recapture to offset potable water use. • AB 1420 (Laird, 2007): Requires implementation of demand management measures (DMMs)/best management practices (BMPs) and meeting the 20x2020 targets to qualify for water management grants or loans.
• SB 1087 (Florez, 2005): Requires water suppliers to report single-family residential (SFR) and multifamily residential (MFR) projected water use for lower income areas separately. • Amendment SB 318 (Alpert, 2004): Requires the UWMP to describe the opportunities for development of desalinated water, including but not limited to, ocean water, brackish water, and groundwater, as long-term supply.
• AB 105 (Wiggins, 2004): Requires urban water suppliers to submit their UWMPs to the California State Library.
• Amendments SB 610 (Costa, 2001), and AB 901 (Daucher, 2001): Effective beginning January 1, 2002, require counties and cities to consider information relating to the availability of water to supply new large developments by mandating the preparation of further water supply planning (Daucher) and Water Supply Assessments (Costa).

Section One: Introduction
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 1-3 Water Conservation Act of 2009 (SBx7-7)
This bill requires the State to achieve a 20-percent reduction in per capita water use by 2020 (State of California, 2010). Retail water suppliers are required to comply with the water conservation requirements in SBx7-7 in order to be eligible for State water grants or loans. Each retail water agency shall establish water use targets and track progress towards decreasing daily per capita water use.

Applicable Changes to the Water Code since 2015 UWMP
The applicable changes to the CWC since the completion of the City’s 2015 UWMP are summarized in Table 1-1.

Table 1-1: Applicable Changes to the Water Code Since 2015 Topic CWC Section Legislative Bill Summary
Water Shortage
Contingency
Plan
10620(d)(2)
10632
10640(b)
SB 606
Requires each urban water supplier to prepare a
water shortage contingency plan. A water
shortage contingency plan must include six levels,
including 10, 20, 30, 40, 50 and greater than 50
percent supply shortages. The water shortage
contingency plan must be provided to the
supplier’s customers within 30 days of adoption.

Submittal Date 10621(f) SB 606
Requires each urban water supplier to submit its
2020 plan to the Department of Water Resources
by July 1, 2021.

UWMP Contents 10630.5 SB 606
Requires each plan include a simple lay description
of its water supply availability, projected needs,
and reliability.

UWMP Contents 10631(a) SB 606
Requires each plan to include the following new or
revised items discussing:
• Current and projected land uses within the service
area;
• Supply availability during normal and single dry
years, and a five-year drought;
• Conjunctive use, if applicable, and how new
supplies will be developed; and
• The current groundwater sustainability plan for the
groundwater basin if groundwater is a source
supply.

Energy Usage
Reporting 16031.2(a) SB 606
Changes requirements for reporting energy usage
for extracting and delivering water from optional
to required.

Section One: Introduction
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 1-4 Topic CWC Section Legislative Bill Summary
Seismic Risk
Assessment and
Mitigation Plan
10632.5 SB 664
Requires urban water suppliers to provide a
seismic risk assessment and mitigation plan as
part of their UWMP update or approved equal
plan.

Drought Risk
Assessment 10635.5(b) SB 606
Requires urban water suppliers to provide a
drought risk assessment as part of information
considered in developing the demand
management measures and water supply projects.

Plan Availability 10645 SB 606
Requires urban water suppliers to make the
UWMP and water shortage contingency plan
available to the public for review within 30 days of
filing the plan(s) with the State.

Water Management Planning Efforts
The City is committed to provide a reliable and high-quality water supply to its customers. In order to ensure that the City will be able to continue to reliably serve the residents of Madera in the future, the City has conducted/participated in several important planning efforts that relate to water supply planning and are related to the UWMP. Some of the most critical water planning efforts are summarized below:
• City of Madera General Plan: The City prepared and updated their General Plan in 2009 which served as a roadmap for improving the City by the year 2025 (Madera & PMC, 2009). This plan focuses on different elements of land use, circulation, housing, conservation, open space, noise and safety. One of the goals identified in this report was to ensure continued water supply to meet City water demands through innovative reclamation, conservation, and education on water use.
• Water Master Plan Update: In 2014, Akel Engineering prepared the City of Madera Water System Master Plan (WSMP) (Akel Engineering Group, Inc., 2014). The Master Plan included the following:
o Summary of the City’s existing domestic water system facilities o Documentation of planning growth assumptions and known future developments o Projections of future domestic water demands
o Evaluation of the domestic water facilities needed to meet existing and projected demand requirements and fire flows
o Evaluation of the existing groundwater conditions
o Recommendations for a Capital Improvement Program (CIP) including an opinion of probable cost
Section One: Introduction
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 1-5 The 2014 WSMP used a different methodology for estimating current and future per capita demands than the 2010 UWMP and stated that demand estimates superseded those in the 2010 UWMP. This report uses data from the 2014 WSMP, as well as recent data from the City and California Department of Finance. As a result, the per capita demand analysis in this UWMP supersedes the analysis in the WSMP.

The WSMP includes a proposed $148 million CIP through the year 2050. The CIP is mentioned in this UWMP and will be the blueprint for future water system improvements in the City of Madera. The WSMP estimated future population growth of 3.5% annually, but this estimate has been revised down to 2% herein, so the proposed CIP may be implemented at a slower pace than presented in the CIP.

The WSMP and UWMP overlap in several areas, and some of the information in this UWMP was obtained from the WSMP.
• Regional Water Management Plan: The City of Madera is a member of the Regional Water Management Group (RWMG). An updated Integrated Regional Water Management Plan (IRWMP) was prepared in December 2014 by the RWMG (Provost & Pritchard Consulting Group, 2015). The plan identifies priority water resources projects and programs. • Groundwater Sustainability Plan: The City of Madera Groundwater Sustainability Agency (CMGSA) along with three other Groundwater Sustainability Agencies (GSAs) prepared the Madera Subbasin Joint Groundwater Sustainability Plan (MJGSP). The MJGSP was prepared in response to the Sustainable Groundwater Management Act of 2014, which is codified in California Water Code Section 10720 et seq. The legislation created a statutory framework for groundwater management in California that can be sustained during the planning and implementation horizon without causing undesirable results. SGMA requires governments and water agencies of critically over drafted basins to reach sustainability by 2040.

UWMP Organization
This report is organized according to the recommended format provided in the DWR’s 2020 UWMP Guidebook. The UWMP contains ten sections, followed by appendices that provide supporting documentation for the information presented in the report. The sections are outlined below:
• Lay Description/Executive Summary: This section includes a lay description of the fundamental determinations of the UWMP regarding water service reliability, challenges ahead, and strategies for managing reliability risks.
• Section 1 – Introduction: This section provides background information for the 2020 UWMP and explains why the plan is needed.
• Section 2 – Plan Preparation: This section includes information on the development of the UWMP and efforts in coordination and outreach.
• Section 3 – System Description: This section describes the service area, population, and climate affecting the supplier’s water management planning. This section also presents an overview of the City’s water distribution system.

Section One: Introduction
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 1-6 • Section 4 – System Demands: This section describes and quantifies the current and projected water uses within the City’s service area. This section will also address climate change as it relates to system water use.
• Section 5 – SBx7-7 Baselines, Targets, and Compliance: This section describes the methods for calculating baseline and target consumption. It also includes a description of the City's efforts to meet the 2020 water use target.
• Section 6 – System Supplies: This section describes the current and projected sources of water available to the City. A description of potential recycled water use, supply availability and associated energy use is also included in this section. This section also addresses climate change as it relates to system supplies.
• Section 7 – Water Supply Reliability: This section describes the reliability of the City’s current supply and evaluates the reliability 20 years out, including normal, single-dry years, and multiple dry years. This section also provides a five-year reliability analysis and drought risk assessment and addresses climate change as it relates to water supply reliability. • Section 8 – Water Shortage Contingency Planning: This section references the City’s staged plan for dealing with water shortages, including a catastrophic supply interruption. • Section 9 – Demand Management Measures: This section describes the City's efforts to promote conservation, reduce water demand, and describes the City's demand management measures. • Section 10 – Plan Adoption, Submittal, and Implementation: This section describes the steps taken to adopt and submit the City’s UWMP and make it publicly available. This section will also describe the City's plan to implement the UWMP.

Section Two: Plan Preparation
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 2-1 2 Plan Preparation
This section presents information on the development of the 2020 UWMP and efforts in coordination and outreach.

Basis for Preparing a Plan
Legal Requirements:

CWC §10617 "Urban water supplier" means a supplier, either publicly or privately owned, providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually. An urban water supplier includes a supplier or contractor for water, regardless of the basis of right, which distributes or sells for ultimate resale to customers. This part applies only to water supplied from public water systems subject to Chapter 4 (commencing with Section 116275) of Part 12 of Division 104 of the Health and Safety Code.

CWC §10620(b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier.

CWC §10621(a) Each urban water supplier shall update its plan at least once every five years on or before December 31, in years ending in five and zero, except as provided in subdivision (d).

CWC §10621 (d) Each urban water supplier shall update and submit its 2015 plan to the department by July 1, 2016.

CWC §10644(a)(2) The plan, or amendments to the plan, submitted to the department … shall include any standardized forms, tables, or displays specified by the department.

CWC §10608.52(a) The department, in consultation with the board, the California Bay-Delta Authority or its successor agency, the State Department of Public Health, and the Public Utilities Commission, shall develop a single standardized water use reporting form to meet the water use information needs of each agency, including the needs of urban water suppliers that elect to determine and report progress toward achieving targets on a regional basis as provided in subdivision (a) of Section 10608.28.

CWC §10608.52 (b) At a minimum, the form shall be developed to accommodate information sufficient to assess an urban water supplier’s compliance with conservation targets pursuant to Section 10608.24… The form shall accommodate reporting by urban water suppliers on an individual or regional basis as provided in subdivision (a) of Section 10608.28.

California Health and Safety Code §116275(h) “Public Water System” means a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year.

The CWC defines an urban water supplier as “a water supplier, either publicly or privately owned, that directly provides potable municipal water to more than 3,000 end users or supplies more than 3,000 acre-feet of potable water annually at retail for municipal purposes”. Table 2-1 documents the number of municipal connections and the volume of water supplied in 2020. The City is considered an urban retail water supplier.

Table 2-1: Public Water System (Submittal Table 2-1)
Public Water System
Number
Public Water System
Name
Number of Municipal
Connections 2020
Volume of Water
Supplied 2020 (AF)
2010002 Madera, City of 13,913 8,755
Notes:

Municipal connections include all connections, metered or unmetered, including construction, recycled, and emergency water service connections.

Volume of Water Supplied includes all water into the system, without correction for losses.

Section Two: Plan Preparation
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 2-2 Individual Planning and Compliance
Water agencies are given the option to develop UWMPs individually or collectively as a regional group.

While efforts to prepare the UWMP were coordinated with appropriate agencies, this UWMP was developed for the City service area only, and the City is not participating in a Regional UWMP (RUWMP) as shown in Table 2-2.

Table 2-2: Plan Identification (Submittal Table 2-2)
Select
Only One Type of Plan
Name of RUWMP or
Regional Alliance
(if applicable)
 Individual UWMP
 Water Supplier is also a member of a RUWMP N/A
 Water Supplier is also a member of a Regional Alliance N/A  Regional Urban Water Management Plan (RUWMP) N/A
Fiscal or Calendar Year and Units of Measure
Legal Requirements:

CWC §1608.20(a)(1) Urban retail water suppliers…may determine the targets on a fiscal year or calendar year basis.

The City is reporting on a calendar year basis and therefore the 2020 data includes the months of January to December 2020. Additionally, the data presented in this UWMP is presented in the units of acre-feet (AF). Table 2-3 indicates the City's type of reporting year, and the units of measure for reporting water volumes throughout the 2020 UWMP.

Table 2-3: Agency Identification (Submittal Table 2-3)
Type of Plan
 Supplier is a wholesaler
 Supplier is a retailer
Fiscal or Calendar Year (select one)
 UWMP Tables are in Calendar Years
 UWMP Tables are in Fiscal Years
Units of Measure used in UWMP
Unit AF
Section Two: Plan Preparation
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 2-3 Coordination and Outreach
The UWMPA requires that the UWMP identify the water agency’s coordination with appropriate nearby agencies.

Legal Requirements:

CWC §10631(j) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available. The wholesale agency shall provide information to the urban water supplier for inclusion in the urban water supplier’s plan that identifies and quantifies, to the extent practicable, the existing and planned sources of water as required by subdivision (b), available from the wholesale agency to the urban water supplier over the same five-year increments, and during various water-year types in accordance with subdivision (c). An urban water supplier may rely upon water supply information provided by the wholesale agency in fulfilling the plan informational requirements of subdivisions (b) and (c).

CWC §10620(d)(2) Each urban water supplier shall coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable.

CWC §10642 Each urban water supplier shall encourage the active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan. Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection and shall hold a public hearing thereon. Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code. The urban water supplier shall provide notice of the time and place of hearing to any city or county within which the supplier provides water supplies. A privately owned water supplier shall provide an equivalent notice within its service area.

CWC §10621(b) Every urban water supplier required to prepare a plan pursuant to this part shall, at least 60 days before the public hearing on the plan required by Section 10642, notify any city or county within which the supplier provides water supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan.

The City’s 2020 UWMP is intended to address those aspects of the UWMPA, which are under the control of the City, specifically water supply and water use. While preparing the 2020 UWMP, the City coordinated its efforts with relevant agencies to ensure that the data and issues are presented accurately.

Wholesale and Retail Coordination
The City does not receive wholesale water, nor does it plan to in the future (Table 2-4).

Table 2-4: Water Supplier Information Exchange (Submittal Table 2-4) The retail supplier has informed the following wholesale supplier(s) of projected water use in accordance with CWC §10631
Wholesale Water Supplier Name
N/A
Coordination with Other Agencies and the Community
The City solicited participation from other agencies and organizations for the preparation of the 2020 UWMP. Table 2-5 summarizes how the UWMP preparation was coordinated.

Section Two: Plan Preparation
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group  September 2022 2-4 Table 2-5: Coordination with Appropriate Agencies
Coordinating
Agencies
Sent a Notice
of Intention to
Adopt
Participated
in Developing
the Plan
Sent a Copy
of the Draft
Plan
Commented
on the Draft
Attended
Public
Meetings
Contacted for
Assistance
County of Madera ☒  ☒   
Madera Irrigation
District ☒  ☒   
Notice to Cities and Counties
The City provided formal written notification to the County of Madera and Madera Irrigation District (MID) that the City’s UWMP was being updated. In accordance with the UWMPA, this notification was provided at least 60 days prior to the public hearing of the plan. Electronic copies of the final UWMP will be provided to these agencies no later than 30 days after its submission to the DWR. Appendix A contains copies of the outreach documents.

Section Three: System Description
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 3-1 3 System Description
The UWMPA requires that the UWMP include a description of the water purveyor’s service area and various aspects of the area served including climate, population, and other demographic factors.

General Description
Legal Requirements:

CWC § 10631(a) [A plan shall be adopted in accordance with this chapter that shall do all of the following:] Describe the service area of the supplier, including current and projected population, climate, and other demographic factors affecting the supplier's water management planning. The projected population estimates shall be based upon data from the state, regional, or local service agency population projections within the service area of the urban water supplier and shall be in five-year increments to 20 years or as far as data is available.

The City of Madera (City), incorporated in 1907, is located along Highway 99 near the middle of the San Joaquin Valley in Central California. The City covers 15.8 square miles or about 10,100 acres, as shown in Figure 3-1.

The City of Madera is the largest city in Madera County and serves as the County seat. The City was laid out in 1876 at the end of a lumber flume, which delivered timber from the Sierra Nevada Mountains to sawmills near the railroads. The City utilizes a Council and Administrator form of government. Six City Council members and a separately elected Mayor address the legislative needs of the City. The City Administrator is appointed by the City Council to administer the overall city organization. Madera is a full-service city, operating its own water and wastewater systems, and hosts a full range of communitybased programs and services. Strategic planning in the City is driven by Vision Madera 2025, a community-based visioning program completed in 2006, and by the City’s Comprehensive General Plan.

The City lies within the San Joaquin Valley and consists of mostly flat topography. The foothills of the Sierra Nevada Mountains begin about 15 miles east of the City. The foothills of the Coastal Mountain Range are about 45 miles west of the City. As shown in Figure 3-1, the Fresno River flows through the City from the east. The river is dry for much of the year since the flow is dependent on water releases from upstream water impoundments.

Service Area Boundary
The City provides water supply to all users within the City limits, as shown on Figure 3-2. Three unincorporated areas are found to the north, south and east of the City, respectively, including Madera Acres, Parkwood, and Parksdale. None of these areas receive City water; however, portions of Parkwood are on the City sewer system.

The island of City of Madera property west of the main portion of the City and outside of the City’s sphere of influence, as shown on Figure 3-2, is the City’s wastewater treatment facility. ?ÎE
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8/30/2021 : G:\Madera City of-1021\102121003- Madera UWMP Update\400 GIS\Map\Fig3-2_Service_Area.mxd Figure 3-2
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2020 Urban Water
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Section Three: System Description
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 3-4 Service Area Climate
The City’s climate is generally dry with mild winters and hot summers. Historically, the warmest month is July, with average temperatures reaching more than 98-degrees Fahrenheit. Winds are generally from the northwest, following the layout of the San Joaquin Valley. The standard monthly average evapotranspiration (ETo) rates, rainfall, and temperature are summarized in Table 3-2.

Table 3-1: Climate Statistics
Month Average ETo
[1] (inches)
Average Rainfall
[2] (inches)
Temperature [2] (degrees F)
Average Minimum Average Maximum Average
January 1.18 1.91 36 55 45
February 2.01 1.86 39 61 50
March 3.73 1.82 42 67 55
April 5.42 1.11 46 75 60
May 7.35 0.37 51 84 68
June 8.42 0.09 57 92 74
July 8.81 0.01 62 98 80
August 7.81 0.01 60 96 78
September 5.67 0.13 56 91 73
October 3.69 0.53 48 80 64
November 1.86 1.17 40 66 53
December 1.11 1.78 36 55 46
Total/Average 57.06 10.80 48 77 62
Notes:
[1] (CIMIS, 2021); Fresno State – San Joaquin Valley Station 80. [2] (Center, 2021); Station 045233 – Madera, CA; Period of reporting – 1928 to 2020 Section Three: System Description
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 3-5 Figure 3-3: Climograph
Climate Change
DWR guidelines require urban water suppliers to consider the potential effects related to climate change as in the UWMP as it relates to water demands, water supply, and water supply reliability. These topics are addressed in Sections 4, 6, and 7 of the UWMP, respectively.

California has a Mediterranean climate, which is not expected to change with climate change projections in the future. The climate consists of cool, wet winters and hot, dry summers typically.

According to climate scientists, increases in global greenhouse gas levels are changing climate patterns around the world and, it is speculated, may begin to change at an accelerated pace from what has occurred in the past. An accelerated rate of change could potentially result in impacts to the local climate of the City in the form of higher temperatures, increased droughts and floods, decreased snowpack amounts, and durations and other extreme variations in weather patterns. As the UWMP projects through 2040, these changes could potentially manifest themselves over that period, and could potentially affect the availability and volume of water resources.

In the past, the amount of rainfall has been consistent, with periods of drought and periods of excess precipitation spaced relatively far apart. With climate change, the rainfall levels could begin to vary more from year to year, incurring droughts followed by excesses with less time between them. Typically, climate change predicts a decrease in average rainfall for the area, while temperatures are expected to increase. However, increased temperatures could intensify the El Nino Southern Oscillation (ENSO) cycle, possibly resulting in very abundant precipitation in wet years and drought level in dry years. 0 10
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Average ETo Average Rainfall Average Temperature
Section Three: System Description
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 3-6 Service Area Population and Demographics
Population data for the City of Madera was obtained from the California Department of Finance (DOF) (DOF, 2021), which reports census data in years it is collected, as well as population estimates in years between censuses. DOF population estimates were also used in the 2010 and 2015 UWMPs. DOF population estimates from 2010 to 2015 have been revised since the 2015 UWMP, so revised numbers are presented in this UWMP. Table 3-2 summarizes actual population growth for several periods as well as assumed growth rates from several reports.

Table 3-2: Population – Current and Projected (Submittal Table 3-1) Service Area
Population [1]
Years [2]
2020 2025 2030 2035 2040
City of Madera 65,526 69,210 73,101 77,211 81,552
Notes:
[1] Service area population is defined as the population served by the distribution system. [2] Assumes 1.1% growth rate
Figure 3-4: Historical and Projected Population
Land Uses within Service Area
Land use in the City in 2015 is shown in the table below. According to the City’s 2014 Groundwater Management Plan (Provost & Pritchard Consulting Group, 2014), the City had 1,100 acres of cropped land within the City limits. This cropping is generally just outside of urban areas. 0 10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
1995 2000 2005 2010 2015 2020 2025 2030 2035 2040
Population
Year
Historic Population
Future Population Projection
Section Three: System Description
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 3-7 Table 3-3: Land Uses
Land Use Category City Limit Acreages Percentage of Total Commercial 1,257 11.9
Industrial 1,003 9.5
Very Low-Density Residential 54 0.5
Low-Density Residential 4,094 38.9
Medium-Density Residential 856 8.1
High-Density Residential 352 3.3
Neighborhood Mixed Use 4 0.0
Village Reserve 2 0.0
Office 135 1.3
Public and Semi-Public 1,472 14.0
Open Space 737 7.0
Resource Conservation 390 3.7
Freeway 99 R/W & Undesignated 180 1.7
Total 10,536 100%
Source: City of Madera, Department of Community Development Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-1 4 System Demands
This section describes and quantifies the current and projected water demands within the City’s service area.

Non-Potable versus Potable Use
This section addresses demands that are met by non-potable and potable water sources. Recycled water is not available to the City. Recycled water and the potential for future use of recycled water is described in Section 6.

Past, Current, and Projected Water Use by Sector
Legal Requirements:

CWC § 10631(d)
(1) For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following… (2). The water use projections shall be in the same five-year increments described in subdivision (a). (4)(A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area.
(B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following: (i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections. (ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.

The UWMPA requires that the UWMP identify the quantity of water supplied to the City’s customers including a breakdown by user classification.

The City utilizes several water use sectors identified in the CWC and tracks water use within those sectors separately. Historic water use and projected water use is presented in those sectors.

Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-2 Water Use Sectors Listed in Water Code
Legal Requirements:

CWC § 10631(d)
(1) Quantify, to the extent records are available, past and current water use, over the same five-year increments described in subdivision (a), and projected water use, identifying the uses among water use sectors, including, but not necessarily limited to, all of the following uses:
(A) Single-family residential.
(B) Multifamily.
(C) Commercial.
(D) Industrial.
(E) Institutional and governmental.
(F) Landscape.
(G) Sales to other agencies.
(H) Saline water intrusion barriers, groundwater recharge, or conjunctive use, or any combination thereof. (I) Agricultural.
(J) Distribution system water loss.
(2) The water use projections shall be in the same five-year increments described in subdivision (a).

The City’s water customers are divided into six categories that include single-family and multifamily residential, commercial/institutional, industrial, landscape irrigation, and other. Since the 2015 UWMP, the number of new water costumers has remained relatively flat but has shown on average an increase of approximately 1 percent annually. Much of the usage is attributed to single family residents, which currently accounts for about 59 percent of the City’s total potable water demand. The City also tracks distribution systems losses via the water auditing process annually.

Past Water Use
The City maintains records of past water use, as shown in Table 4-1 below. Recent water usages are at 20 year lows, and per capita water consumption in 2019 was at a historic low of 115 gallons per capita per day (gpcd). This decrease in demand can be attributed to statewide and local conservation measures enacted because of state mandates due to extreme drought conditions within California. Table 4-1 shows the historical water production from 2000 to 2020. Table 4-1 only accounts for total potable water.

Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-3 Table 4-1: Past Water Production (2000 – 2020)
Year
Annual Potable Water Production Population
Total Annual
(AF)
Total Annual
(MG) [1]
Daily Average
(MGD) [2]
Population
[3]
Per Capita
Consumption
(gpcd)
2000 11,834 3,856 10.6 43,089 245
2001 11,210 3,653 10.0 44,565 225
2002 11,868 3,867 10.6 46,066 230
2003 12,473 4,064 11.1 47,939 232
2004 12,886 4,199 11.5 49,691 232
2005 12,818 4,177 11.4 51,735 221
2006 13,299 4,333 11.9 53,928 220
2007 13,725 4,472 12.3 57,181 214
2008 13,763 4,485 12.3 58,767 209
2009 13,114 4,273 11.7 59,868 196
2010 11,742 3,826 10.5 61,416 171
2011 11,395 3,713 10.2 61,574 165
2012 11,742 3,826 10.5 62,096 169
2013 11,327 3,691 10.1 62,330 162
2014 10,635 3,465 9.5 62,342 152
2015 9,313 3,035 8.3 63,147 132
2016 9,203 2,999 8.2 63,407 130
2017 9,088 2,961 8.1 64,052 127
2018 8,393 2,735 7.5 64,436 116
2019 8,361 2,724 7.5 65,008 115
2020 8,754 2,853 7.8 65,526 119
Notes:
[1] Public Water System Statistics
[2] MGD = million gallons per day
[3] California Department of Finance Population Estimate Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-4 Distribution System Losses
Legal Requirements:

CWC § 10631
For an urban retail water supplier, quantify, to the extent records are available, past and current water use, over the same fiveyear increments described in subdivision (a),and projected water use, based upon information developed pursuant to subdivision (a), identifying the uses among water use sectors, including, but not necessarily limited to, all of the following… (J) Distribution system water loss….

CWC §10631(d)(3)
(A) The distribution system water loss shall be quantified for each of the five years preceding the plan update, in accordance with rules adopted pursuant to Section 10608.34.
(B) The distribution system water loss quantification shall be reported in accordance with a worksheet approved or developed by the department through a public process. The water loss quantification worksheet shall be based on the water system balance methodology developed by the American Water Works Association. (C) In the plan due July 1, 2021, and in each update thereafter, data shall be included to show whether the urban retail water supplier met the distribution loss standards enacted by the board pursuant to Section 10608.34.

California Senate Bill No. 1420 (“SB 1420”) requires water utilities that submit UWMPs to conduct annual system water loss audits in accordance with American Water works Association (AWWA) standards. Agencies are required to submit their audits every five years as part to the UWMP.

AWWA quantifies water loss as the difference between the quantity of water supplied and the quantity of water delivered to authorized customers. Water loss is further defined under two categories, apparent losses, and real losses. Apparent losses are due to unauthorized consumption, inaccurate metering, and systematic data handling errors. These losses can be considered non-physical losses associated with inaccurate recording. Real losses are the physical loss of water due to leaks within the distribution system.

Table 4-2 summarizes the findings of the City’s water loss audit for the last five years. The detailed water loss audit reports are available in Appendix B.

Table 4-2: Last Five Years of Water Loss Audit Reporting (Submittal Table 4-4) Reporting Period
Start Dates
Total Volume of
Water Loss (AF)
Percent of total
Water Supplied (%)
Complies with CWC
§10608.34
January 2016[1] -- -- No
January 2017 1,257 13.8% Yes
January 2018 340 4.1% Yes
January 2019 305 3.6% Yes
January 2020[2] 75 0.9% N/A
Notes:
[1] City of Madera has not completed a water loss audit for 2016. [2] The 2020 City of Madera Water Loss Audit has not been prepared as of the date of this report. Total loss volume shown is estimated using the average of the prior 2 years loss percentage.

Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-5 Current Water Use
Table 4-3 summarizes the City’s current water use by customer class type. Losses shown below are estimated using the average loss percentage from the most recent two years of water loss audits.

Table 4-3: Demands for Potable and Non-Potable Water – Actual (Submittal Table 4-1) Use Type Additional Description Level of Treatment
When Delivered Volume (AF)
Single-Family Residential Includes residential landscape Drinking Water 5,214 Multifamily Residential Includes residential landscape Drinking Water 1,553 Commercial/Institutional Includes schools Drinking Water 1,282 Industrial Drinking Water 80
Landscape Drinking Water 550
Other Drinking Water 0
Losses Accounts for real and apparent
losses Drinking Water 75
Total 8,754
Notes:
[1]
Figure 4-1 provides a graphical representation of the information presented in Table 4-4; however, groundwater recharge is not shown on the figure, as it is not a direct use of potable water supplies.

Figure 4-1: 2020 Water Use by Sector

53.7%

16.0%

13.2%
Industrial, 0.8%
Landscape, 5.7%
Other, 0.0%
Losses, 10.6%
Single-Family
Multifamily
Commercial/Institutional
Industrial
Landscape
Other
Losses
Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-6 Figure 4-2: 2020 Water Demands by Month
0 200
400
600
800
1000
1200
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Total Demands (AF)
Month
Single-Family Multifamily Commercial/Institutional Industrial Landscape Other Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-7 Projected Water Use
Legal Requirements:

CWC §10635 (a)
Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.

CWC §10631
(h) An urban water supplier that relies upon a wholesale agency for a source of water shall provide the wholesale agency with water use projections from that agency for that source of water in five-year increments to 20 years or as far as data is available…
CWC §10631(d)(4)
(A) Water use projections, where available, shall display and account for the water savings estimated to result from adopted codes, standards, ordinances, or transportation and land use plans identified by the urban water supplier, as applicable to the service area.
(B) To the extent that an urban water supplier reports the information described in subparagraph (A), an urban water supplier shall do both of the following:
(i) Provide citations of the various codes, standards, ordinances, or transportation and land use plans utilized in making the projections.
(ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.

This section is based on a normal water year and normal water use, without additional restrictions put in place. Section 7 discusses, in detail, water demand and supply characteristics associated with single-dry and multiple-dry years, including a Drought Risk Assessment.

Table 4-4 represent the total sum of projected water demands for potable and raw use within the service area from 2025 to 2040 for normal years. These demands represent the City’s total water demand in the future. Section 6 further discusses the current and projected use of recycled water Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-8 Table 4-4: Use for Potable and Non-Potable Water – Projected (Submittal Table 4-2) Use Type Additional
Description
Projected Water Use (AF) [1]
2025 2030 2035 2040
Single-Family Includes residential
landscaping 8,450 8,145 8,603 9,087
Multifamily Includes residential
landscaping 2,517 2,426 2,563 2,707
Commercial/Institutional Includes schools 2,225 2,350 2,482 2,622 Industrial 138 146 154 163
Landscape 955 1,008 1,065 1,125
Other 0 0 0 0
Losses [2] 585 618 653 689
Total 14,870 14,694 15,520 16,392
Notes:
[1] Projected water use is based on the 2020 Water Use Target of 196 gpcd for non-residential uses and 183 gpcd in 2025 and 167 gcpd in 2030 for residential uses, as discussed below, and using the population projections discussed in Section 3. [2] Water loss is estimated based on the average water loss documented for 2018 and 2019.

Table 4-5 represents the total sum of projected water demands for potable and raw water use within the service area. These demands represent the City’s total water demand in the future. Section 6 further discusses the current and projected use of recycled water.

Table 4-5: Total Water Use (Potable and Non-Potable) (Submittal Table 4-3) Demand Use 2020 2025 2030 2035 2040
Potable Water, Raw, Other
Non-Potable 8,754 14,870 14,694 15,520 16,392
Recycled Water 0 0 0 0 0
Total Water Demands 8,754 14,870 14,694 15,520 16,392

4.2.5.1 Water Savings Estimate
Demands in Table 4-5 are based on the 2020 Water Use Target (196 gpcd) for all uses except singlefamily and multifamily. In those instances, the Water Use Target has been reduced to 183 gpcd in 2025 and 167 gpcd in 2030 and beyond. The purpose of this reduction is to address the efficient indoor residential water use standards discussed in AB 1668 and SB 606 of 55 gpcd until January 2025 and 50 gpcd until January 2030. Additional water savings, such as mandated conservation measures, have not been included in the projections to allow for the City to plan in a conservative manner.

Water savings from codes, standards, ordinances, or transportation and land use plans are also known as “passive savings.” These various factors generally decrease the water use for new and future customers, compared to historical customers. These codes and ordinances may include implementation Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-9 of the Model Water Efficient Landscape Ordinance (MWELO), the California Energy Commission Title 20 appliances standards for toilets, urinals, faucets, and showerheads, or the CALGreen Building Code.

As shown in Table 4-4, passive savings have not been specifically incorporated in projected water demands. Instead, future water demands are projected based on population and the City's target per capita water use, as documented in Section 5, and discussed above. However, the City does expect that passive savings, such as continued implementation of the City’s Water Efficient Landscape Ordinance, Title 20 appliance standards for toilets, urinals, faucets, and showerheads, and CALGreen Building Code requirement, will help the City continue to meet its target per capita water demand in the future.

Characteristic Five-Year Water Use
CWC §10635(b) Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following… (3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period. [Emphasis added]
(4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.

As part of the Drought Risk Assessment prepared in Section 7, the following five-year water use (see Table 4-6), between 2020 and 2025, can be utilized as a representative five-year normal period.

Table 4-6: Five-Year Projected Water Use
Year
Five-Year Projected Water Use
Projected Potable
Water Use (AF)
Projected Non-Potable
Water Use (AF)
Total Projected
Water Use (AF)
2021 9,977 0 9,977
2022 11,201 0 11,201
2023 12,424 0 12,424
2024 13,647 0 13,647
2025 14,870 0 14,870
Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-10 Water Use for Low Income Households
Legal Requirements:

CWC § 10631
(a) The water use projections required by Section 10631 shall include projected water use for single-family and multifamily residential housing needed for lower income households, as defined in Section 50079.5 of the Health and Safety Code, as identified in the housing element of any city, county, or city and county in the service area of the supplier. California Health and Safety Code 50079.5
(a) “Lower income households” means persons and families whose income does not exceed the qualifying limits for lower income families… In the event the federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually.

As described above, the UWMP is required to account for low-income household water demands. Lowincome households are defined as families with an income less than 80-percent of the area median income, adjusted for family size.

To calculate low-income water demands, the current and projected water use of single-family and multifamily residential households were used in conjunction with the estimated percent of low-income households planned within the service area. It is understood that the Regional Housing Needs Allocation identified approximately 39 percent of the housing within the City will be within the extremely low, very low, and low income categories between 2014-2023 (City of Madera, 2015). For the determination of projected low-income housing, it is assumed that 39-percent will remain consistent throughout 2040.

To determine water demands for low-income housing, the water demands in Table 4.3 for single-family and multifamily units were multiplied by the percentage of low-income households. Water demands associated with low-income residential water users through year 2040 are presented in Table 4-7.

Table 4-7: Low Income Water Demands
Low Income Water Demands
Water Use (AF)
2020 2025 2030 2035 2040
Single- and Multifamily Residential 2,639 4,277 4,123 4,355 4,599 Total (AF) 2,639 4,277 4,123 4,355 4,599
As shown in Table 4-8, lower income demand projections presented in Table 4-7 are included in the total water use projections provided in Table 4-4.

Table 4-8: Inclusion of Water Use in Projections (Submittal Table 4.5) Scenario Response
Are Future Water Savings Included in Projections? Yes
If “Yes” to above, state the section or page number where citations of the codes, ordinances, etc. utilized in demand projections are found. Section 4.2 Are Lower Income Residential Demands Included in Projections? Yes Section Four: System Demands
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 4-11 Climate Change Related to System Demands
Legal Requirements:

CWC §10630
It is the intention of the Legislature, in enacting this part, to permit levels of water management planning commensurate with the numbers of customers served and the volume of water supplied, while accounting for impacts from climate change.

As climate change becomes more noticeable and quantifiable, the City’s response will include reducing demands to match possible reduction of water supplies. The potential impacts of climate change on the City’s supply could include such items as more prolonged droughts, shifts in water supply patterns, and potential flooding.

Reduction of the per capita demands in the system can help respond to climate change in two ways.

Reduced water demands equate to less energy use through reduced groundwater pumping and/or movement of water supplies through the system. Further reduction of per capita water demands, at this point of the City’s master planning efforts, may be challenging to achieve, as the City has implemented many conservation methodologies (discussed in further detail in Section 9); however, one strategy the City may choose would be to initiate the use of recycled water to use their water supplies more efficiently (this use has not been planned for in this UWMP but may be included in the future).

Additionally, it is anticipated climate change will impact landscape water demands most significantly; however, as the City will maintain the per capita goal, overall water demands are not anticipated to increase. Mitigating possible increased water demands for landscape may require less landscaping, increased use of drought tolerant plantings, or more efficient irrigation strategies. The City employs an approved plants list inclusive of mostly drought tolerant plantings for landscaping on all new construction projects and is considering modification to turf allowances within the City. These measures will help to respond to water demand variations as a result of climate change.

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Section Five: Conservation Target Compliance
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 5-1 5 SBx7-7 Baselines, Targets, and Compliance
This section describes the baseline (base daily per capita) water use, the 2015 and 2020 water use targets, and the 2020 actual water use.

The UWMPA requires that the UWMP identify a baseline water demand, urban water use target, and interim urban water use target for the City.

Legal Requirements:

CWC § 10608.20
(e) An urban retail water supplier shall include in its urban water management plan. . . due in 2010 the baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting data.

The base daily per capita use was the first step in determining the City’s urban water use target. The historical per capita use set the “baseline” on which the urban water use target was determined. The City established an Interim 2015 water use target and a subsequent 2020 urban water use target to judge compliance with the 2020 use reductions set forth in the Water Conservation Bill of 2009.

SBx7-7 Forms and Summary Tables
The City will use previously calculated values from the baseline target in 2015 to determine compliance with the SBx7-7. The following subsections present the SBx7-7 Verification forms according to the 2020 UWMP Guidebook requirements.

SBx7-7 Verification Form
The 2015 UWMP include a complete SBx7-7 Verification Form and is referenced in Appendix C. For this reason, and as recommended in the 2020 UWMP Guidebook, a New Verification Form has not been prepared with the 2020 UWMP.

SBx7-7 2020 Compliance
The City’s 2020 per capita water use goal that was set in the 2015 UWMP is 196 gpcd. The City has met this goal with a water use average of 119 for the year 2020 and achieved SBx7-7 compliance.

DWR Submittal Tables
In addition to reporting compliance on the SBx7-7 Compliance Form, the City is also required to report compliance on the DWR Submittal Tables, 5-1 and 5-2, shown below.

Section Five: Conservation Target Compliance
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 5-2 Table 5-1: Baselines and Targets Summary (Submittal Table 5-1) Baseline Period Start Year End Year Average
Baseline GPCD
Confirmed 2020
Target
10-15 Year 1995 2004 245
196
5 Year 2003 2007 220
Table 5-2: 2020 Compliance (Submittal Table 5-2)
Actual 2020
GPCD
2020 Total
Adjustments
Adjusted 2020
GPCD
2020 Confirmed
Target GPCD
Did Supplier Achieve
Targeted Reduction for 2020
119 0 119 196 Yes
Figure 5-1 is a graphical representation of the City Per Capita Water Use since 2010, when the baselines and targets were initially required. This figure highlights the City’s success in consistently decreasing its Per Capita Water Use.

Figure 5-1: Historical Per Capita Water Use
Baseline and Target Calculations for 2020 UWMPs
The City revised its calculations in the 2020 UWMPs based on population changes in the area. The 2020 UWMP Guidebook indicates criteria to determine if the Supplier should or should not consider recalculation of its baselines and targets. Those criteria are discussed in the following subsections. As 110
130
150
170
190
210
230
250
270
1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 Per Capita Demand (gpcd)
Year
Water Use (gpcd) 2010 Baseline 2015 Interim Target 2020 Target Section Five: Conservation Target Compliance
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 5-3 indicated below, the City does not meet a criterion to recalculate its baselines and targets and meets the criterion to utilize those calculated in the 2015 UWMP.

Supplier Submitted 2015 UWMP, No Change to Service Area The City did prepare and submit the 2015 UWMP, along with the SBx7-7 Verification Form, both of which were accepted by DWR. The City has also not had a change to its service area, as noted in the Guidebook. The Guidebook clarifies “change to its service area” as follows:
“…changes to the service area based solely on new construction do not require recalculation of the baselines and targets. For purposes of this section, changes to the service area refers to mergers and annexations…”
Based on this definition, the City has not had a change to its service area. The City has prepared the 2020 Compliance Form, see Appendix D and the 2015 Verification Form, see Appendix C, for review and reference.

Supplier Did Not Submit 2015 UWMP
This criterion does not apply to the City; the 2015 UWMP was submitted and accepted.

Supplier Newly Subject to UWMP Requirements
This criterion does not apply to the City.

Distribution Area Expansion
Stated in the 2020 UWMP Guidebook, “If the Suppliers service area expanded by way of a merger or annexation, the Supplier must provide baseline and targets to include the new area.” While there were annexations within the City, all were the result of new construction and, as discussed in above, new construction does not qualify the City to recalculate its baselines and targets.

Distribution Area Contraction
This criterion does not apply to the City.

Large Partial Customers Become Whole Customers
This criterion does not apply to the City.

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Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-4 6 System Supplies
The Urban Water Management Planning Act (UWMPA) requires that the Urban Water Management Plan (UWMP) include a description of the agency’s existing and future water supply sources for the next 20 years. The description of water supplies must include detailed information on the groundwater basin such as water rights, determination if the basin is in overdraft, adjudication decree, and other information from the groundwater management plan.

Water Supply Analysis Overview
Legal Requirements:

CWC §10631(b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier [in five-year increments to 20 years or as far as data is available] providing supporting and related information, including all of the following:
(1) A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change.
(2) When multiple sources of water supply are identified, a description of the management of each supply in correlation with the other identified supplies.
(3) For any planned sources of water supply, a description of the measures that are being undertaken to acquire and develop those water supplies.

The City is entirely reliant on groundwater sources for their water supply; it is not anticipated this will change in the near future with regards to water supply for potable consumption. The following sections quantify each supply, including future planned supplies over five-year increments through 2040. These supply sources will be quantified for the normal year, single-dry year, and a five-year period of multiple dry years.

The City’s groundwater supplies are extracted from the Madera Subbasin, an unadjudicated basin underlying the area. While the basin does not have legal limitations on groundwater pumping, the City is a participant in the City of Madera Groundwater Sustainability Agency (CMGSA) and a party to the Madera Subbasin Joint Groundwater Sustainability Plan (MJGSP)2. The CMGSA is working cooperatively with the six (6) other GSAs in the Madera Subbasin to manage the groundwater aquifer and reach sustainability by 2040. As part of those efforts, the agencies have agreed to manage groundwater extraction in a way that does not cause undesirable results in the aquifer.

Water Supply Characterization
The following subsections provide water supply availability quantification and narrative required under the CWC.
2 The MJGSP was prepared by four (4) of the seven (7) GSAs within the subbasin, including the CMGSA.

Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-5 Purchased or Imported Water
Historically, the City water supply has been almost 100 percent from groundwater. In the past, the City has purchased small quantities of surface water from Madera Irrigation District for use as groundwater recharge in basins around the service area. Based on recent water audits, the City has not purchased or imported water since at least 2017. For the purposes of this UWMP, it is assumed that the City does not purchase or import water.

Groundwater
Legal Requirements:

CWC §10631(b)(4) If groundwater is identified as an existing or planned source of water available to the supplier, all of the following information:
(A) The current version of any groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720), any groundwater management plan adopted by the urban water supplier, including plans adopted pursuant to Part 2.75 (commencing with Section 10750), or any other specific authorization for groundwater management for basins underlying the urban water supplier’s service area.
(B) A description of any groundwater basin or basins from which the urban water supplier pumps groundwater. For basins that a court or the board has adjudicated the rights to pump groundwater, a copy of the order or decree adopted by the court or the board and a description of the amount of groundwater the urban water supplier has the legal right to pump under the order or decree. For a basin that has not been adjudicated, information as to whether the department has identified the basin as a highor medium-priority basin in the most current official departmental bulletin that characterizes the condition of the groundwater basin, and a detailed description of the efforts being undertaken by the urban water supplier to coordinate with groundwater sustainability agencies or groundwater management agencies listed in subdivision (c) of Section 10723 to maintain or achieve sustainable groundwater conditions in accordance with a groundwater sustainability plan or alternative adopted pursuant to Part 2.74 (commencing with Section 10720). (C) A detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.
(D) A detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.

6.2.2.1 Basin Description
The City is located in the San Joaquin River hydrologic region and extracts its groundwater from the Madera Subbasin, one of nine subbasins in the San Joaquin Valley Groundwater Basin. Figure 6-1 shows the location of the City within the groundwater basin. The total surface area of the subbasin is 394,000 acres, or 614 square miles. The City occupies less than 3 percent of this total area. The Madera Subbasin consists of alluvium emanating from the Sierra Nevada range. The Subbasin is bounded on the south by the San Joaquin River, on the west by the eastern boundary of the Columbia Canal Service Area, on the north by the southern boundary of the Chowchilla Subbasin, and on the east by the crystalline bedrock of the Sierra Nevada foothills.

The current volume of water in the entire basin, or in the basin underlying the City, is not precisely known at this time, and is dependent on groundwater levels and the base of fresh water. However, the groundwater basin has significant reserves. According to DWR’s Bulletin 118 – California Groundwater (2004) the Madera Subbasin had 12,600,000 AF of storage to a depth of 300 feet in 1995 (DWR, 2003).

CITY OF MADERA
MADERA

CHOWCHILLA
MERCED
Cr escent Bypas
WESTS sIDE
KINGS

DELTA-MENDOTA

TULARE LAKE
KAWEAH

PLEASANT VALLEY

KERN COUNTY

KETTLEMAN PLAIN
TULE

WALKER BASIN

CREEK VALLEY

TEHACHAPI VALLEY WEST

KERN RIVER
VALLEY

BRITE VALLEY

CUMMINGS
VALLEY

PANOCHE
VALLEY

VALLECITOS

CREEK VALLEY
Sources: Esri, USGS, NOAA
0 10 20
Miles
º
Figure 6-1
Groundwater Basins and
Subbasins
City of Madera
2020 Urban Water
Management Plan
Legend
City of Madera
Water Features
Groundwater Subbasins
San Joaquin Valley (5-22)
Chowchilla (5-22-05)
Delta-Mendota (5-22-07)
Kaweah (5-22-11)
Kern County (5-22-14)
Kettleman Plain (5-22-17)
Kings (5-22-08)
Madera (5-22-06)
Merced (5-22-04)
Pleasant Valley (5-22-10)
Tulare Lake (5-22-12)
Tule (5-22-13)
Westside (5-22-09)
Other
Brite Valley (5-80)
Cummings Valley (5-27)
Kern River Valley (5-25)
Panoche Valley (5-23)
Tehachapi Valley West (5-28)
Walker Basin Creek Valley (5-26)
8/30/2021 : G:\Madera City of-1021\102121003- Madera UWMP Update\400 GIS\Map\Fig6-1_subbasin_gsa.mxd Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-7 Aquifers in the Madera Subbasin consist of alluvial sediments composed of unconsolidated gravels, sands, silts, and clays. Major streams in the area include the San Joaquin and Fresno rivers. The Madera Subbasin has been in an overdraft condition for many years. DWR Bulletin 1183includes a detailed description of the Madera Subbasin and its characteristics and conditions.

6.2.2.2 Groundwater Quality
Groundwater within the Madera Subbasin has generally been high quality. While total dissolved solids (TDS) ranges from 100 to 6,400 milligrams per liter (mg/L) within the Subbasin, average TDS is 215 mg/L (DWR, 2003).

Groundwater is mainly of a bicarbonate type throughout most of the Subbasin, transitioning from calcium- and calcium-magnesium-bicarbonate water in the east of the Subbasin to sodium-bicarbonate water in the west of the Subbasin. Sodium increases near the western edge of the Subbasin along with increasing chloride, to produce poor quality sodium-chloride type water. Average TDS concentration increases in the western portion of the Subbasin.

The City does not have wellhead treatment on any active well within its supply portfolio, other than chlorination, and is in compliance with the regulated constituents, as defined by the State Water Resources Control Board and regulated by the Division of Drinking Water.

6.2.2.3 Groundwater Sustainability Plan
The City formed its own GSA called the City of Madera GSA (CMGSA). The CMGSA is working collaboratively, under a coordination agreement with the other six (6) GSAs in the Madera Subbasin to achieve sustainable groundwater conditions by 2040 in accordance with the Sustainable Groundwater Management Act of 2014 (SGMA) for critically overdrafted groundwater basins such as the Madera Subbasin. The CMGSA assisted in the preparation of the MJGSP, which was submitted to the Department of Water Resources in January 2020 in compliance with SGMA .

SGMA identifies six (6) sustainability indicators to be monitored and reported to document sustainability: lowering groundwater levels, reduced [groundwater] storage, seawater intrusion, degraded [groundwater] quality, land subsidence, and surface water depletion. The CMGSA documents five (5) of those with seawater intrusion not being applicable to this region. .

6.2.2.4 Historical Groundwater Pumping
The City’s sole source of drinking water is groundwater. The City currently obtains groundwater from groundwater wells. The City owns and operates 20 groundwater wells; 17 are active wells and 3 are considered inactive wells. The combined pumping capacity of the City wells is approximately 19,700 gallons per minute (gpm).

In 2020, groundwater provided 100 percent of the total potable water use. The historical volume of groundwater pumped by the City over the past five years is provided in Table 6-1. The groundwater usage has reduced since 2016 could potentially remain below the 2020 water use target, as discussed 3 https://water.ca.gov/programs/groundwater-management/bulletin-118 Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-8 later in this section. However, water demand projections utilize the 2020 water use target discussed in Section 5 for conservative planning purposes.

Table 6-1: Groundwater Volume Pumped (Submittal Table 6-1) Groundwater
Type Basin Name 2016 2017 2018 2019 2020
Alluvial Basin Madera Subbasin 5-22.06 9,203 9,088 8,393 8,361 8,754 Total 9,203 9,088 8,393 8,361 8,754
Units: AF
Surface Water
The Fresno River flows through the City from the east; this section of river is mostly dry unless the river stage is high enough to spill over the John Franchi Diversion Dam. The Fresno River is an important source of natural groundwater recharge for the City. The City has no water rights for the Fresno River water, nor any surface water contracts with U.S. Department of the Interior, Bureau of Reclamation, State Water Project, or other surface water purveyors. Historically, the City’s water supply has been 100 percent from groundwater. In the past, the City has purchased small quantities of surface water from Madera Irrigation District for recharge purposes, not use within the drinking water system. Refer to Section 6.2.7 for more information.

According to the Regional Groundwater Management Plan (GMP), the City had 1,100 acres of cropped land within the City limit, generally just outside of the urban area. These lands had a total irrigation demand of 2,500 AF/year. The private landowners receive both surface water from Madera Irrigation District, estimated at 1,900 AF/year, and use groundwater from private wells, estimated at 600 AF/year, to meet demands. These supplies and demands are not considered in the UWMP’s water supply analysis; the City does not have surface water supplies.

Stormwater
The City also has numerous stormwater basins. Some are connected to MID facilities and can receive surface water for recharge. Small quantities of MID surface water have been purchased and recharged in these basins. In recent years, the stormwater basins are operated to maximize the volume of stormwater that is captured and recharged locally, by keeping the stormwater in the basins for as long as possible for the purposes of maximizing percolation opportunities. The City may take actions to enhance the percolation and recharge opportunities, such as adding vertical percolation wells and turnout gates from MID facilities to storm drainage basins. In events where storm drainage basin capacity is potentially exceeded, water is sent to local streams and irrigation canals to allow basins to accommodate further runoff. No data is currently available on stormwater recharge volumes in the City.

Wastewater and Recycled Water
The City does not recycle water for direct use of any kind. Treated effluent from the wastewater treatment facility (WWTF) is disposed through on-site percolation ponds. Although, this is not Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-9 considered recycled water according to UWMP guidelines, it still helps to recharge the groundwater supply. This section describes the City’s wastewater system and potential opportunities for recycled water.

6.2.5.1 Recycled Water Coordination
Legal Requirements:

CWC §10633
The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier. The preparation of the plan shall be coordinated with local water, wastewater, groundwater, and planning agencies that operate within the supplier’s service area As part of the integrated master planning process, a recycled water feasibility study was completed in 2013 (Montgomery Watson Harza, 2013). This study evaluated the feasibility of constructing a new recycled water system for servicing selected users. The City coordinated with various water users, and several were identified as part of the feasibility study, including Madera Unified School District, City parks, and the municipal golf course. Several alternatives were developed as part of the recycled water feasibility study. The study estimated that recycled water usage could eventually be as high as 3,300 AF/year. Recycling wastewater was found to be technically feasible, and the study found there would be demand for the recycled water. However, all alternatives were considered to be cost-prohibitive at the time; the cost to treat and distribute the water would be far more than potential water fees collected at the rates the City believes could be charged. The report instead recommended that City Well 27, which has required treatment before potable use, be used to provide non-potable water to certain customers, thus conserving the City’s supply of potable well water.

6.2.5.2 Wastewater Collection, Treatment, and Disposal
Legal Requirements:

CWC §10633
A description of the wastewater collection and treatment systems in the supplier’s service area, including a quantification of the amount of wastewater collected and treated and the methods of wastewater disposal.

6.2.5.2.1 Wastewater Collection System
Wastewater is collected throughout the City via a network of sanitary sewer collection pipelines ranging from 8 to 48 inches in diameter. With the aid of five sewer lift stations, the influent is gravity-fed to the WWTF, located approximately seven miles west of the City limits. The WWTF was constructed in 1972 and provides primary and secondary treatment without disinfection. A plant expansion and upgrade were completed in 2007, which resulted in a treatment capacity of 10.1 MGD. The WWTF has 280 acres of land for incidental recharge and evaporation of effluent. The treatment process consists of screening, grit removal, sedimentation, an activated sludge process, and final clarification. Also included in the plant expansion were an odor control and a water reclamation system for onsite uses.

There are approximately 13,000 residential wastewater connections, each typically with a 4-inch sewer service connecting to the main. Commercial and industrial customers number just over 1,000 and are connected with service lines appropriate to handle their particular wastewater load. The average daily wastewater volume for 2020 was estimated to be approximately 5.1 MGD. The City has no facilities for Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-10 extensive storage of the wastewater before treatment. Septic haulers from outside the City service area bring in an additional volume of wastewater. The most recent data show that outside septic waste collection contributes less than 1 percent of total volume, though the biological loading is disproportionately higher due to the higher strength of the septage versus domestic wastewater. Table 6-5 summarizes the current wastewater collected within the City.

6.2.5.2.2 Wastewater Treatment Facilities
The effluent from the City’s WWTF is disposed to fourteen 20-acre percolation/evaporation ponds. The WWTF Expansion Predesign Report by Boyle Engineering (July 2004) proposed a system of recovery wells that would pump groundwater from under the percolation ponds to an MID canal for agricultural irrigation. This pumping of percolate would be intended to reduce groundwater mounding under the WWTF and to control elevated concentrations of nitrate or other contaminants in the underlying groundwater. A recovery well has been installed, but the implementation of the project has encountered regulatory hurdles and the system has yet to be operated as planned.

In the 2010 UWMP, future wastewater collection and treatment data were generated by assuming a 50 percent return-to-sewer ratio for water use within the City. In 2015, the ratio was 58%, which likely reflects the anomalous and extensive 2015 State-mandated water conservation requirements, which primarily reduced outdoor water use. In 2020, the ratio was approximately 65%, which likely reflects continued conservation efforts. Table 6-3 summarizes the current wastewater treated and discharged by the City.

Table 6-2: Wastewater Collected Within Service Area in 2020 (Submittal Table 6-2) Wastewater Collection Recipient of Collected Wastewater Name of
Wastewater
Collection
Agency
Wastewater
Volume Metered
or Estimated?
Volume of
Wastewater
Collected from
UWMP Service
Area 2020 (AF)
Name of
Wastewater
Treatment Agency
Receiving Collected
Wastewater
Treatment
Plant Name
Is WWTP
Located
Within UWMP
Area?
City of Madera Measured 5,715 City of Madera
Madera
Wastewater
Treatment
Facility
Yes
Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-11 Table 6-3: Wastewater Treatment and Discharge (Submittal Table 6-3) Wastewater
Treatment Plant
Name
Treatment
Level
2020 Volumes
Wastewater
Treated (AF)
Discharged
Treated
Wastewater (AF)
Recycled within
Service Area (AF)
Recycled Outside of
Service Area (AF)
Madera
Wastewater
Treatment Facility
Secondary,
Disinfected 5,715 5,715 0 0
Total 5,715 5,715 0 0
Discharge
Information
Discharge Location Name or Identifier WWTF Percolation Ponds Discharge Location Description 280 acres at WWTF
Method of Disposal Percolation Ponds
Does this Plant Treat Wastewater Generated Outside the Service Area? Yes, Septage

6.2.5.3 Recycled Water System Description
Legal Requirements:

CWC §10633
(c) (Describe) the recycled water currently being used in the supplier’s service area, including, but not limited to, the type, place, and quantity of use.

The City does not recycle water. Treated effluent from the WWTF is disposed of through percolation ponds at the WWTF, which, though not considered recycled water by the Department of Water Resources, still helps recharge the Madera Groundwater Subbasin.

6.2.5.4 Potential, Current, and Projected Recycled Water Uses Legal Requirements:

CWC §10633
(b) A description of the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project. (d) A description and quantification of the potential uses of recycled water, including, but not limited to, agricultural irrigation, landscape irrigation, wildlife habitat enhancement, wetlands, industrial reuse, groundwater recharge, indirect potable reuse, and other appropriate uses, and a determination with regard to the technical and economic feasibility of serving those uses. (e) The projected use of recycled water within the supplier’s service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision.

The City does not currently use recycled water within its service area. The City completed a recycled water study, which found water recycling to be economically unfeasible at the time. Several potential beneficial uses exist, including industrial water usage, landscape and golf course irrigation, and agricultural irrigation. If economic conditions change, or the City can successfully secure grants for a major portion of the capital costs, the City may reconsider recycled water in the future.

Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-12 Any potential use for recycled water would have to improve water balance from the current operation, which effectively allows most treated wastewater to percolate back to the drinking water aquifer. An application where recycled water could directly replace groundwater pumping would be a more efficient use of the water and could be advantageous if the business case could be made. Table 6-4 shows the current and projected recycled water direct beneficial users.

Table 6-4: Current and Projected Recycled Water Direct Beneficial Uses (Submittal Table 6-4) Name of Agency Producing (Treating) the Recycled Water N/A Name of Agency Operating the Recycled Water Distribution System N/A Supplemental Water Added in 2020 0
Source of 2020 Supplemental Water N/A
Beneficial Use Type General Description of
2020 Users
Level of
Treatment 2020 2025 2030 2035 2040
N/A N/A N/A 0 0 0 0 0
Total
Note:

IPR = Indirect Potable Reuse

6.2.5.4.1 Planned versus Actual Use of Recycled Water
Legal Requirements:

CWC §10633
(e) (Provide) a description of the actual use of recycled water in comparison to uses previously projected pursuant to this subdivision.

Previous studies done by the City found production and use of recycled water to be fiscally infeasible.

The City’s 2015 UWMP briefly discussed looking at grant funding opportunities to explore development of a recycled water system and discussed exploring opportunities to support local industrial and commercial customers to develop on-site water recycling. With the uncertainties around developing a recycled water system the City did not project any recycled water use through 2040 in the 2015 UWMP.

Table 6-5 compares the 2015 projection for City recycled water use in 2020 against actual 2020 recycled water use for 2020.

Table 6-5: 2015 Recycled Water Use Projection Compared to 2020 Actual (Submittal Table 6-5) Use Type 2015 Projection for 2020 Actual 2020 Use
N/A 0 0
Units: AF
Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-13

6.2.5.5 Actions to Encourage and Optimize Future Recycled Water Use Legal Requirements:

CWC §10633 The plan shall provide, to the extent available, information on recycled water and its potential for use as a water source in the service area of the urban water supplier…and shall include the following:
(g) A plan for optimizing the use of recycled water in the supplier’s service area, including actions to facilitate the installation of dual distribution systems, to promote recirculating uses, to facilitate the increased use of treated wastewater that meets recycled water standards, and to overcome any obstacles to achieving that increased use.

While the City’s earlier study found production and use of recycled water to be uneconomical, the City may reconsider a recycled water system if a significant portion of the capital costs can be funded through grants and if uses can be found which directly reduce use of potable water. The City can also aid industrial or commercial customers in developing recycling water on-site. Table 6-6 summarizes the actions taken by the City to encourage and optimize future recycled water use.

Table 6-6: Methods to Expand Future Recycled Water Use (Submittal Table 6-6) Name of Action Description Planned
Implementation Year
Expected Increase in
Recycled Water Use (AF)
On-site recycled water
development
Assist commercial and industrial
customers with developing recycled
water on-site
On-going Unknown
Grant funding opportunities
for recycled water projects
Seek funding for capital projects if
economics of recycled water improve Unknown Unknown
Desalination Water Opportunities
Legal Requirements:

CWC §10631(g) Describe the opportunities for development of desalinated water, including, but not limited to, ocean water, brackish water, and groundwater, as a long-term supply.

The groundwater that the City relies on is not brackish or in need of desalination. If this were to change in the future, the City will consider this option.

Exchanges or Transfers
Legal Requirements:

CWC §10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis.

The City occasionally purchases small quantities of surface water, typically a few hundred acre-feet at a time, from MID to recharge in City stormwater basins. Purchases are subject to approval by the MID Board of Directors. MID water supplies have been reduced due to the San Joaquin River Restoration Program, and it is expected that in the future they will only sell water in wet years when they have surplus supplies. There is currently no long-term agreement between the City and MID, and purchases are made on an ad hoc basis.

Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-14

6.2.7.1 Exchanges
The City does not have any agreements in place to exchange water with other agencies, nor does the City have long term plans to exchange water. The City could work with MID or other agencies to exchange treated effluent for surface water, however given the scarcity of water it is unlikely that an opportunity would arise. Also, given the high costs of constructing a treatment plant to treat surface water exchange opportunities become even more unlikely

6.2.7.2 Transfers
The City does not have any long-term plans to transfer water rights from nearby water providers. As the City continues to expand, the City could explore opportunities to obtain water rights through transfers from areas annexed into the City.

6.2.7.3 Water Banking Facility
The City does not currently have any water banking facilities, nor does it have plans to participate in any water banking projects.

6.2.7.4 Emergency Interties
The City does not currently have any emergency interties with adjacent water systems.

Future Water Projects
Legal Requirements:

CWC §10631(f) Include a description of all water supply projects and water supply programs that may be undertaken by the urban water supplier to meet the total projected water use, as established pursuant to subdivision (a) of Section 10635. The urban water supplier shall include a detailed description of expected future projects and programs that the urban water supplier may implement to increase the amount of the water supply available to the urban water supplier in normal and single dry water years and for a period of drought lasting five consecutive water years. The description shall identify specific projects and include a description of the increase in water supply that is expected to be available from each project. The description shall include an estimate with regard to the implementation timeline for each project or program.

Future water projects for the City of Madera are documented in their GMP and 2014 Water System Master Plan (WSMP).

Groundwater Management Plan
The GMP lists several projects that could help alleviate overdraft. These projects are listed below.

Specific details on the projects are not included in the GMP. • Airport Basin
• Ellis Basin
• Fresno River Dam in City of Madera
• Future basin sites
• Future stormwater collection/recharge sites
• Golf course basin sites
• Schmidt Creek Flood Control and Groundwater Recharge Project Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-15 Water System Master Plan
The WSMP proposed a Capital Improvement Program that includes approximately 114 miles of pipeline improvements, 24 new wells (22 of which are planned from 2020 through 2050), two new storage reservoirs, and two new booster stations that will convey water from the west side of the City to the east, with a project cost totaling over $148 million dollars through 2050. These projects address both existing deficiencies and necessary expansions to accommodate planned growth. Projects will be implemented as needed, not strictly on the schedule in the WSMP. The 2014 WSMP was based on a

3.5% growth annual population rate and a static per-capita water consumption rate. Currently, the City’s growth rate is projected to be about 1.1% over time so WSMP implementation may proceed at a slower pace than anticipated. Table 6-7 summarizes the water supply projects (new wells) outlined in the current WSMP.

Table 6-7: Expected Future Water Supply Projects or Programs (Submittal Table 6-7) Name of Future
Projects or
Programs
Joint Project with
other suppliers?
Description
(if needed)
Planned
Implementation
Year
Planned for
Use in Year
Type
Expected
Increase in
Water Supply
to Supplier
Groundwater
Wells No
Twenty-two new
groundwater wells,
per WSMP
2020 through
2050
Average
Year 53,200 AFY
Summary of Existing and Planned Sources of Water
Legal Requirements:

CWC §10631
(b) Identify and quantify, to the extent practicable, the existing and planned sources of water available to the supplier over the same five-year increments described in subdivision 10631(a). (4)(D) (Provide a) detailed description and analysis of the amount and location of groundwater that is projected to be pumped by the urban water supplier. The description and analysis shall be based on information that is reasonably available, including, but not limited to, historic use records.

6.2.9.1 Description of Supplies

6.2.9.1.1 Groundwater
The City plans to continue using groundwater to meet their water demands. The City has made extensive progress in reducing per capita demands, which has reduced stress on the groundwater aquifer.

6.2.9.1.2 Surface Water
The City has occasionally purchased small quantities of surface water from the Madera Irrigation District for recharge in City stormwater basins. The City may continue or expand surface water purchases to offset groundwater extraction, but there are currently no long-term agreements in place, and purchases are made on a year-to-year basis.

Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-16

6.2.9.1.3 Supply from Storage
This section is not applicable.

6.2.9.1.4 Summary of Existing and Planned Sources of Water Table 6-8 summarizes the existing and planned sources of water for the City.

Table 6-8: Water Supplies – Actual (Submittal Tables 6-8 and 6-9) Water Supply Additional Details
on Water Supply
2020 2025 2030 2035 2040
Actual
Volume (AF)
Water
Quality Reasonably Available Volume (AF)
Groundwater (not
desalinated)
Madera Subbasin
5-22.06 8,754 Potable 14,870 14,694 15,520 16,392
Total 8,754 14,870 14,694 15,520 16,392
Special Conditions

6.2.10.1 Climate Change Impacts to Water Supply Sources The impacts on the City’s water supply due to climate change could take many forms but are likely to impact surface water supplies most. It is anticipated that precipitation will occur in the form of rain, not snowpack, more often and snowmelt and the associated runoff will begin earlier than in the past. This change will require more water storage facilities be available to capture the water supply that would have otherwise been ‘stored’ as snowpack in the mountains.

6.2.10.2 Regulatory Conditions
The introduction of SGMA has been a major modification to how water supplies are considered. The Madera Subbasin has a good plan to work cooperatively in managing their groundwater basin and reaching sustainability. It is not anticipated additional regulation will be introduced to further modify how the agencies can access and utilize water supply sources. If the cooperative approach to SGMA compliance does not continue, additional regulation may be a possibility in the form of adjudication of the groundwater basin.

Energy Consumption
The City tracks their energy use on a per supply source basis, i.e., energy use per well, on a monthly basis. In 2020, through pumps associated with groundwater wells, the City used approximately 8.3 million kilowatt hours (kWh) of power to produce 8,754 AF of water into the distribution system, yielding a power consumption of 948.8 kWh/AF as shown in the following table. These figures do not include energy used by the wastewater system, including wastewater delivered to the City WWTF, as those are attributable to the City of Madera. Table 6-9 summarizes the energy usage for Madera in 2020.

Section Six: System Supplies
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 6-17 Table 6-9: Energy Consumption (Submittal Table O-1A)
Urban Water Supplier: City of Madera
Start Date: 1/1/2020 Urban Water Supplier Operational Control End Date: 12/31/2020 Water Management Process
Units
Extract
and Divert
(A)
Place into
Storage (B)
Conveyanc
e (C)
Treatmen
t (D)
Distributio
n (E)
Total
Utility
Volume of Water
Entering Process AF 8,754 0 0 0 8,754 8,754
Energy Consumed kWh 8,305,590 0 0 0 0 8,305,590
Energy Intensity kWh/AF 948.8 0 0 0 0 948.8
Quantity of Self-Generated Renewable Energy: 0 kWh
Data Quality: Metered Data
Data Quality
Narrative:

Column A accounts for all water into the system and the associated energy to extract it from the ground (i.e. groundwater well pumps); Column E accounts for all water distributed through the water system and energy associated with moving it throughout the system via booster pumps, including into and out of temporary storage reservoirs.

This Page Has Been Intentionally Left Blank
Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-1 7 Water Supply Reliability
The Urban Water Management Planning Act (UWMPA) requires that the Urban Water Management Plan (UWMP) address the reliability of the City’s long term water supplies. This includes a description of supply constraints which may impact the supply. Also included is a comparison between the City’s supply and demand.

Legal Requirements:

CWC §10635(a)
Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional, or local agency population projections within the service area of the urban water supplier.

Constraints on Water Sources
Legal Requirements:

CWC §10631(b)(1) A detailed discussion of anticipated supply availability under a normal water year, single dry year, and droughts lasting at least five years, as well as more frequent and severe periods of drought, as described in the drought risk assessment. For each source of water supply, consider any information pertinent to the reliability analysis conducted pursuant to Section 10635, including changes in supply due to climate change.

Given there are a variety of circumstances that can render a source inconsistent, determining the supply reliability for the City is complex because of the intricate factors that accompany a water source. These factors include legal issues, environmental constraints, water quality, and climatic variations.

Legal
The groundwater supplies the City relies upon are not adjudicated. Since the 2015 UWMP, SGMA has become effective and Madera is working collaboratively with other agencies reliant on the groundwater basin to reach sustainable management of the groundwater aquifer prior to 2040, as required. In the 2010 and 2015 UWMPs, the City’s groundwater supplies were shown to be increasing with population growth into the future. This trend continues to 2040; however, the total quantity of groundwater needed is less than forecasted in the 2015 UWMP due to current compliance with SBx7-7 and upcoming compliance with AB 1668 and SB 606.

Should new legal requirements or basin adjudication come into effect prior to the 2025 UWMP Update, the City will endeavor to understand and comply with those regulations as they are written and provide documentation of those efforts in the 2025 UWMP Update.

Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-2 Environmental
The status of environmental regulation in California is routinely changing due to new legislation, endangered species statuses, and other factors. Should new environmental legislation come into existence it could potentially reduce the City's available supply. The recent water supply reductions in the Delta are an example of environmental water needs versus community water supplies. Due to the reliance on groundwater within the City, it would be difficult to make rapid alterations to the water supply to accommodate these changes, should they occur. The City will continue to monitor environmental regulations for impacts to the City’s system.

Water Quality
The regulatory and legal requirements pertaining to water quality are frequently changing in the State of California due to revisions to existing or introduction of new Maximum Contaminant Levels (MCLs) for various primary and secondary constituents throughout the State. Trichloropropane, dibromochloropropane, nitrate, manganese, and arsenic are the primary constituents of concern throughout the Subbasin, and the City will continue to monitor those and any new constituents, if needed, to remain in compliance with regulations and reporting requirements. The system is currently in compliance with all water quality regulations.

Climatic Factor
As climate change becomes more quantifiable and potentially affects the local water conditions more, alterations in the water supply planning arena will have to take place. Climate change elements such as drought, more rainfall and less snow in the watershed, or massive flooding could potentially affect supply reliability, therefore requiring the City to make modifications to their water supplies.

The climate change impacts on groundwater should be less impactful to overall water management strategies, as the City is already positioning to respond to SGMA and achieve groundwater sustainability by 2040. Without groundwater sustainability achieved, groundwater levels could continue to decline, impacting the overall access and amount of groundwater in the aquifer.

The City will continue to monitor impacts to the water supply as a result of climate change and other factors and is poised to respond through adaptation strategies, primarily, if needed. Adaptation can consist of water conservation methods, more extensive master planning, acquisition of surface water supplies for recharge or potable uses, increased usage of recycled water, and investment in infrastructure to support the previously stated measures.

Reliability by Type Year
This section considers the City’s water supply reliability during three water scenarios: normal year, single-dry year, and multiple-dry year period.

Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-3 Types of Years
The reliability scenarios to be considered are defined as follows:
• Average year: This condition represents the water supplies a Supplier considers available during normal conditions. This could be a single year or averaged range of years that most closely represents the average water supply available to the Supplier. In the 2020 UWMP Guidebook, DWR uses the terms average and normal interchangeably when addressing the water year type. • Single-dry year: the year that represents the lowest water supply available to the City. Generally considered to be the lowest annual runoff for a watershed since the water-year beginning in 1903. Suppliers should determine this for each watershed from which they receive supplies. • Multiple-dry year period: the period that represents the lowest average water supply available to the City for a consecutive multiple year period. Generally considered to be the lowest average runoff for a consecutive multiple year period (five years or more).

Table 7-1 summarizes the base years for the average, single and multi-dry year periods. In addition, the available supply volume and percent relative to the normal/average year is listed. As shown, the representative normal year is 1992, while 2013 represents the lowest supply year (single dry year).

Table 7-1 reflects the more recent 2012 through 2016 drought since accurate water supply records were available.

Table 7-1: Bases of Water Year Data (Submittal Table 7-1) Year Type Base Year
Available Supplies if Year Type Repeats
Quantification of available supplies is not compatible with this table and is provided elsewhere in the UWMP.

X
Quantification of available supplies is provided in this table as either volume only, percent only, or both.

Volume Applied
(AF) Percent of Average Supply
Normal/Average Year 2002 11,868 100%
Single-Dry Year 2013 11,327 95%
Multiple-Dry Year 2012 10,635 90%
Multiple-Dry Year 2013 9,313 78%
Multiple-Dry Year 2014 9,203 78%
Multiple-Dry Year 2015 9,088 77%
Multiple-Dry Year 2016 8,393 71%
Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-4 Supply and Demand Comparison
Legal Requirements:

CWC §10635
(a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and multiple dry water years. The water service reliability assessment shall be based upon the information compiled pursuant to Section 10631, including available data from state, regional or local agency population projections within the service area of the urban water supplier.

Reliability – Normal Year
The projected normal water year supplies and demand from 2025 through 2040 are presented in Table 7-2.

Table 7-2: Normal Year Supply and Demand Comparison (Submittal Table 7-2) 2025 2030 2035 2040
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Units: AF
As shown, demands are expected to correlate directly with projected population estimates from 2025 to 2040 and supply is projected match demands, as discussed in previous sections. The supply to customers will be provided solely by groundwater sources and won’t show any excess or deficiency.

Reliability – Single Dry Year
The single dry water year will be largely unaffected by dry weather conditions, due to the City’s reliance on groundwater. This projection does not take into account possible state-wide mandates for conservation beyond that required by SBx7-7, groundwater pumping restrictions that may arise from SGMA, or any possible future adjudication of the basin. The single-dry year supply and demand are shown in Table 7-3.

Table 7-3: Single-Dry Year Supply and Demand Comparison (Submittal Table 7-3) 2025 2030 2035 2040
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Units: AF
Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-5 Reliability – Five Consecutive Dry Years
The projected multiple-dry year supply and demand from 2025 through 2040 is presented in Table 7-4.

It is anticipated State-wide conservation mandates would be required during a prolonged drought; however, the magnitude of those mandates is unknown, and supplies would be available from the aquifer to meet the demands, even if demands were reduced based on mandated conservation requirements.

Table 7-4: Multiple-Dry Year Supply and Demand Comparison (Submittal Table 7-4) 2025 2030 2035 2040
First Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Second Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Third Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Fourth Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Fifth Year
Supply Totals 14,870 14,694 15,520 16,392
Demand Totals 14,870 14,694 15,520 16,392
Difference 0 0 0 0
Description of Management Tools and Options
Legal Requirements:

CWC §10620(f) An urban water supplier shall describe in the plan, water management tools and options used by that entity that will maximize resources and minimize the need to import water from other regions.

7.3.4.1 Groundwater Reliability
The City’s wells currently draw water from a non-adjudicated groundwater basin (Madera Subbasin) with no current limits on pumping and that has been labeled as being in a critical state of overdraft.

Therefore, reliability of the groundwater supply will depend on the long-term balance between groundwater extraction and recharge for the Subbasin, as a whole, as discussed in previous sections.

Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-6 To minimize its contribution to groundwater depletion, sustainable use of groundwater supply sources is a primary focus of the City’s urban water management activities extending into the future. The City engages in groundwater recharge activities when surface water supplies are available to replenish the water table and will continue to look for ways to expand those recharge activities, including an exchange agreement for their treated wastewater effluent impacts.

7.3.4.2 Surface Water Reliability
The City does not rely on surface water therefore this section does not apply.

7.3.4.3 Recycled Water Reliability
The City does not recycle water therefore this section does not apply.

Drought Risk Assessment
Legal Requirements:

CWC §10635(b)
Every urban water supplier shall include, as part of its urban water management plan, a drought risk assessment for its water service to its customers as part of information considered in developing the demand management measures and water supply projects and programs to be included in the urban water management plan. The urban water supplier may conduct an interim update or updates to this drought risk assessment within the five-year cycle of its urban water management plan update. The drought risk assessment shall include each of the following:
(1) A description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts five consecutive water years, starting from the year following when the assessment is conducted.
(2) A determination of the reliability of each source of supply under a variety of water shortage conditions. This may include a determination that a particular source of water supply is fully reliable under most, if not all, conditions. (3) A comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period.
(4) Considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.

DRA Data, Methods, and Basis for Water Shortage Conditions The Drought Risk Assessment (DRA) for the City has been prepared based on the next five years’ (2021- 2025) supplies and demands and the supply impacts seen during the 2012-2016 drought period. This requires the City to evaluate whether they can accommodate another historic drought if it were to begin in 2021.

7.4.1.1 Water Use
The water use values are a projection between the actual water use in 2020 and the projected water use in 2025, shown in DWR Submittal Table 4-2. This linear projection does not account for conservation or other demand reductions, beginning in 2021 and culminating in 2025.

Section Seven: Water Supply Reliability
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 7-7

7.4.1.2 Water Supply
The water supply value considers the City’s only supply source, groundwater. For purposes of the DRA, the groundwater quantity available is equal to the total active well supply capacity of 19,692gpm ( 31,763 AFY).

7.4.1.3 Water Shortage Conditions
The DRA assumes to utilize the same levels discussed in the WSCP and the related use reduction benefit is shown in the table below. The reductions range from 0 to 30 percent, depending on the year, similar to the 2012-2016 drought conditions. As the City is currently maintaining a lower water use per capita, the mandatory 36 percent conservation goal enforced by the State several years ago is not anticipated unless the drought conditions are worse than those in 2015, which is not what the DRA contemplates.

Individual Water Source Reliability
Groundwater is considered a very reliable water supply. For purposes of the immediate five-year DRA, the City will consider the groundwater supplies to be available to match demands; however, it is understood there could be mandated conservation during a prolonged drought, similar to those instituted in 2015. In that instance, the City would utilize methods discussed in the Water Shortage Contingency Plan to reduce system demands. For longer term planning purposes, the City will pursue other options to increase recharge, such as instituting permanent mandatory conservation measures to reduce demand.

Total Water Supply and Use Comparison
The following comparison is completed on an annual basis rather than a monthly or quarterly basis as the City’s highest demands are in the summer. Table 7-5 summarized the supply and demand comparison along with impacts due to planned WSCP actions.

Table 7-5: Five-Year Drought Risk Assessment (Submittal Table 7-5) Year
Without WSCP Actions Planned WSCP Actions
Total
Water
Use
Total
Supplies
Surplus/
Shortfall w/o
WSCP Action
Supply
augmentation
benefit
Use
reduction
savings
benefit
Revised
Surplus/
(shortfall)
Resulting %
Use Reduction
from WSCP
action
2021 9,977 9,977 0 0 1,037 1,037 10%
2022 11,201 11,201 0 0 2,240 2,240 20%
2023 12,424 12,424 0 0 2,485 2,485 20%
2024 13,647 13,647 0 0 3,412 3,412 25%
2025 14,870 14,870 0 0 4,461 4,461 30%
This Page Has Been Intentionally Left Blank
Section Eight: Water Shortage Contingency Planning
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 8-1 8 Water Shortage Contingency Planning
Legal Requirements:

CWC §10632.3
It is the intent of the Legislature that, upon proclamation by the Governor of a state of emergency under the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) based on drought conditions, the board defer to implementation of locally adopted water shortage contingency plans to the extent practicable.

The Urban Water Management Planning Act (UWMPA) requires that the Urban Water Management Plan (UWMP) include an urban water shortage contingency analysis that addresses stages of action to be undertaken by the urban water supplier in response to water supply shortages, including more than a 50 percent reduction in water supply and an outline of specific water supply conditions which are applicable to each stage. In addition to the stages of action, the City is required to develop mandatory prohibitions against specific water use during shortages and consumption reduction methods in the most restrictive stages.

The City’s Water Shortage Contingency Plan (WSCP) is an independent document from the UWMP and can be found in Appendix E.

This Page Has Been Intentionally Left Blank
Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-1 9 Demand Management Measures
This section provides a comprehensive description of the water conservation programs that the City of Madera (City) has implemented, is currently implementing, and plans to implement in order to meet its urban water use reduction targets.

Demand Management Measures
Legal Requirements:

CWC §10631
(f)(A)…a narrative description that addresses the nature and extent of each water demand management measure implemented over the past five years. The narrative shall describe the water demand management measure that the supplier plans to implement to achieve its water use targets pursuant to Section 10608.20. (B) The narrative pursuant to this paragraph shall include descriptions of the following water demand management measures:
(i) Water waste prevention ordinances.
(ii) Metering.
(iii) Conservation pricing.
(iv) Public education and outreach.
(v) Programs to assess and manage distribution system real loss. (vi) Water conservation program coordination and staffing support. (vii) Other demand management measures that have a significant impact on water use as measured in gallons per capita per day, including innovative measures, if implemented.

The Urban Water Management Planning Act (UWMPA) requires urban water suppliers provide information regarding water conservation and DMMs compliance; this Section provides that information. The UWMPA was amended in 2014 to streamline DMMs from 14 specific measures to six more general requirements and an "other" category.

The City has a water conservation program in place. The City takes water conservation very seriously and considers implementation of Demand Management Measurements (DMMs) as a necessity to achieve the goals of the conservation program.

Water Waste Prevention Ordinance
The City’s Water Shortage Contingency Plan (see Appendix E) identifies penalties for water waste or violating current drought regulations. The water waste ordinances can also be found in the Madera Municipal Code, Title 5, Chapter 5. The penalties associated with each stage of a water shortage, as modified in 2017, are provided below.
• Violation 1 - $75 surcharge on next water bill
• Violation 2 - $200 surcharge on next water bill
• Violation 3 - $500 surcharge on next water bill
Further details on prohibitions and penalties are explored in Chapter 8, the Water Shortage Contingency Planning.

Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-2 Metering
Legal Requirements:

CWC §526
(a) Notwithstanding any other provisions of law, an urban water supplier that, on or after January 1, 2004, receives water from the federal Central Valley Project under a water service contract or subcontract... shall do both of the following:
(1) On or before January 1, 2013, install water meters on all service connections to residential and nonagricultural commercial buildings... located within its service area.

CWC §527
(a) An urban water supplier that is not subject to Section 526 shall do both the following:
(1) Install water meters on all municipal and industrial service connections located within its service area on or before January 1, 2025.

In compliance with State law, the City has nearly completed the process of placing meters on all customer water connections. As of the end of 2015, nearly 97% of the customer connections are metered. The City is expecting to be fully metered in the near future. The City adopted a new rate structure in 2015 that includes commodity rates for metered connections (see Section on Conservation Pricing below). The City’s current rate structure is included in Appendix F.

Conservation Pricing
In 2015, the City of Madera prepared the City of Madera Utility Rate Study Report (Raftelis Financial Consultants, Inc., 2015). The major objectives of the study included:
• Develop financial plans for the water and wastewater enterprises to ensure financial sufficiency, meet operation and maintenance costs, ensure sufficient funding for capital replacement and refurbishment needs, and maintain a strong financial outlook for the enterprises; • Develop sound and sufficient reserve fund targets;
• Review current rate structures for the water and wastewater enterprises; • Develop a cost-of-service analysis for the water and wastewater enterprises; and • Develop fair and equitable utility rates.

The rate structure recommended in the rate study was adopted in 2015. Prior to the new rate structure, customers with meters were charged a monthly fixed rate based on the size of the customers meter, and a variable (volume) charge based on usage. The City also has accounts that are not currently metered, and these accounts are charged a flat monthly fee. Once these accounts are metered, they would be charged the corresponding metered rates.

The new rate structure includes a tiered rate system to promote conservation. The new system is described below:
• Single-Family Residential (SFR) water rates were modified from a uniform rate to a 3-tiered inclining rate structure. The tiers closely reflect the water demands of residential customers for indoor needs (Tier 1), outdoor needs (Tier 2), and any additional usage above Tiers 1 and 2 (Tier 3).

Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-3 • Multi-Family Residential (MFR) water rates were modified from a uniform rate to a 2-tiered rate structure. Multi-family homes typically have no or low outdoor water usage, so Tier 1 reflects typical indoor usage, and Tier 2 includes usage above Tier 1. • Non-Residential (commercial, industrial, etc.) accounts will remain on a uniform rate.

Table 9-1: Water User Rates
Category FYE 2020 Rate
(per CCF)
Residential Water Rates
Tier 1 $1.93
Tier 2 $2.60
Tier 3 $4.22
Multi-residential
Tier 1 $2.03
Tier 2 $3.32
Non-residential
Uniform Rate $2.58
Public Education and Outreach
The City utilizes mass mailings and the City internet site to distribute information to all water service customers. Walk in customers are also provided with information at City Hall and at the Public Works Department Water Division. When called upon to distribute time sensitive notices and information, local print media is also used.

Mass mailings with information on regulations and Consumer Confidence Reports are performed every March. The City also provides additional information on conservation measures at this time. Display cases and public bulletin boards are utilized in the Public Works facility to display information that is mailed out.

The City staffs information booths at the annual Madera District Fair in September. The booths provide pamphlets and flyers with promotional and educational materials as well as updates on regulations and ordinances.

The City monthly water bill distributed to all water service customers also contains information regarding previous year water usage, conservation measures, and other updates.

The City makes staff available for guidance and educational tours of water system facilities. They have also developed a plan to enhance existing school education wherein students tour facilities and receive formal presentations at their schools. The City encourages local educators to include demand management education in their curriculum where appropriate. The City also makes presentations to neighborhood agencies and service clubs.

Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-4 Programs to Assess and Manage Distribution System Real Loss The City operates a detection and repair program of its entire water distribution system. In addition, the City’s distribution system includes a SCADA system to accurately record production quantities. All of the City’s wells are metered; however, as of 2020, about 3% of the City’s water connections were not metered, and thus, a complete system water audit is not possible without assuming unmetered water usage. Currently, water main records are maintained in a GIS system. The City has convenient access to historical data on each water main.

Between 2017 – 2019 losses were estimated to range from 4% to about 14%. Water losses were calculated using AWWA Free Water Audit Software. The AWWA spreadsheet and results of the audits are discussed further in Section 4.2. The AWWA spreadsheet breaks losses into various categories using assumed default percentages. These categories include unauthorized use (theft), metering inconsistencies, etc. The complete AWWA software spreadsheets can be viewed in Appendix B.

Water Conservation Program Coordination and Staffing Support The City’s Water Divisions Operations Manager has also served as the City’s Water Conservation Coordinator since 1986. Water Conservation Coordinator duties include interdepartmental coordination, monitoring the practice and application of DMMs, supervision of the Conservation Water Patrol, and planning of community water conservation education projects. As the City’s water Conservation efforts have expanded, additional staff have been used to implement water conservation measures. The City is in the process of hiring one full time person to oversee all of the water conservation programs and guide other staff that help with those efforts.

Other Demand Management Measures
The City implements several other DMMs, which are described below.

9.1.7.1 Rebate Programs
The City operates numerous rebate programs to help defer costs for customers and encourage water conservation. Residents should check with the City to determine program qualifications and follow directions listed on the City website. These programs are described below and the number of rebates for each shown in Table 9-2.

Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-5 Table 9-2: Rebate Program Implementation
Rebate Program
Rebates Distributed [1]
FY15/16 FY16/17 FY17/18 FY18/19 FY19/20 FY19/20
Turf Replacement $22,244 (44) $21,769 (34) $97,530 (59) $85,951 (48) $87,245 (55) $76,551(45) High Efficiency
Toilet Replacement $1,300 (21) $4,100 (29) $12,617 (62) $14,235 (59) $15,232 (76) $11,172 (53) High Efficiency
Dishwasher
Replacement
$455 (13) $975 (11) $4,000 (23) $3,800 (21) $5,200 (26) $5,200 (26) High Efficiency
Clothes Washer
Replacement
$500 (11) $2,275 (22) $3,325 (27) $1,000 (4) $2,200 (11) $3,800 (19) Smart Irrigation
Controller
Replacement
$200 (2) $279 (2) $1,763 (11) $1,703 (13) $935 (5) $2,072 (18) Drip Irrigation Kit
and Irrigation Timer $270 (6) $142 (5) $872 (14) $730 (9) $534 (4) $475 (6) Mulch Installation $46 (9) $451 (12) $1,477 (18) $1,733 (18) $1,976 (20) $1,980 (19) Hose Bib Faucet
Lock - $40 (2) $48 (2) $138 (4) $19 (1) $30 (1)
Rainwater Harvest - - $439 (3) - - -
Totals $25,015
(106)
$30,031
(117)
$122,071
(219)
$109,290
(176)
$113,341
(198)
$101,281
(187)
Notes:
[1] Number of rebates are shown in parenthesis behind the total dollars distributed for each category and fiscal year (FY).

9.1.7.1.1 Turf Replacement Rebate Program
The City will pay customers $2.00 per square foot to remove up to 1,000 square feet of irrigated turf for drought tolerant landscape. The City will pay customers $3.00 per square foot to remove up to 1,000 square feet of irrigated turf for artificial turf. Turf grass at homes and commercial landscapes consume large amounts of water. Water-efficient landscapes use 50% or less water than most turf. The amount saved depends on the amount of turf removed, type of plants installed, irrigation system, and soil type.

A water-efficient landscape can use less water and may not require expensive maintenance.

9.1.7.1.2 High Efficiency Toilet Replacement Rebate Program Residential customers may be eligible for a rebate when they replace their old high water use toilets with a new qualifying High Efficiency (HE) Toilet providing 1.28 gallons per flush (gpf) or less. Installing an HE toilet can save about 38 gallons of water per day for a family of four. All qualifying toilets must have a WaterSense label. The City is offering a rebate of $100 for qualifying toilet replacements and up to $100 for installation costs.

Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-6

9.1.7.1.3 High Efficiency Dishwasher Replacement Rebate Program City residents may apply to receive a credit of $200 to their utility service account for purchasing a high efficiency (HE) dishwasher. HE dishwashers can save 2 gallons of water per load of dishes. They can also help reduce energy bills (gas or electric) due to reduced requirements for heated water. HE dishwashers must be Energy Star rated.

9.1.7.1.4 High Efficiency Clothes Washer Residential Replacement Rebate Program City residents may apply to receive a $200 rebate following the purchase of a qualifying High Efficiency Clothes Washer (HECW). An HECW can save up to 22 gallons of water per load. HECWs also have a higher load capacity reducing the number of loads required per household. HECWs are more energy efficient than standard washing machines reducing power bills and requiring less heated water, which will save on gas or electric depending on the customers’ water heater fuel source. Residents should check with the City to see which models qualify for the rebate. Only non-HECWs can be replaced using this program and the HECW must remain in the home for 36 months.

9.1.7.1.5 Smart Irrigation Controller Replacement Program The City is offering a $200 rebate for the purchase of an EPA WaterSense certified smart irrigation controller. Smart irrigation controllers automatically adjust their watering schedule according to the weather conditions to provide optimal moisture for healthy plants and lawns. Smart irrigation controllers purchased must be capable to be set for the City of Madera’s scheduled water days. A preinstallation audit of your current irrigation system by City staff may be required.

9.1.7.1.6 Drip Irrigation Kit and Irrigation Timer Rebate City residents may apply to receive a credit of $150 for drip irrigation kits and up to $50 rebate for irrigation timers. Drip irrigation eliminates over-watering problems by applying water only where and when it is needed, with less runoff and less evaporation from leaves and soil. The uniform application of water from drip irrigation systems can achieve high water savings. The conversion can save up to 9 gallons of water annually for each square foot of irrigated area converted. Irrigation timers turn a hose faucet into a programmed system and automatic watering scheduling. They help conserve water by providing a consistent watering schedule and help to avoid over-watering.

9.1.7.1.7 Mulch Rebate Program
The City provides a mulch rebate program for its customers. According to SaveOurWater.com 20-30 gallons of water can be saved per 1,000 square feet of mulch. Good mulch conserves water by significantly reducing moisture evaporation from the soil. It also reduces weed populations, prevents soil compaction, and keeps soil temperatures more moderate. The mulch rebate allows for a maximum of $100 per City of Madera utility customer and an additional $75 for delivery.

9.1.7.1.8 Faucet Locks
The City is offering a rebate of up to $20 for the installation of a qualifying faucet lock.

Section Nine: Demand Management Measures
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 9-7

9.1.7.1.9 Rainwater Harvest
The City is offering a rebate of $400 for the installation of a qualifying rainwater harvester.

9.1.7.2 Residential Plumbing Retrofit
While new construction requires low-flow water fixtures, there is no requirement to retrofit existing plumbing fixtures with low-flow water fixtures. The City’s plan does mandate appropriate retrofitting of low-flow fixtures during remodeling.

As a part of its public information program, the City distributes educational material describing the importance of plumbing retrofits as an integral part of water conservation. Several studies suggest that water use savings resulting from miscellaneous interior retrofit fixtures can range between 25 and 65 gpd per housing unit. The studies also suggest that installation of retrofit fixtures in older single-family homes tend to produce more savings, while newer multi-family homes tend to produce lesser savings per housing unit

9.1.7.3 Commercial, Industrial, and Institutional Conservation Programs Commercial, Industrial, and Institutional (CII) accounts that have large landscape usage can get landscape water audits from the City upon request. Audits include reviewing water usage history with the customer, identifying leaks in the customer’s system, and recommending improvements.

Another program which the City makes available to commercial, industrial, and institutional accounts is the Conservation Water Patrol. This group has the responsibility to educate commercial and industrial users that overuse water for irrigation purposes. The patrol can provide a variety of resources to help a commercial or industrial consumer conserve, including staff expertise, written materials, and the City’s demonstration water conservation garden.

Implementation Over the Past Five Years
Section 9.1 discusses the implementation over the previous five years for each DMM, providing statistics on implementation where applicable and available. Overall, the DMMs continue to increase public awareness towards water conservation by providing rebates, educational programs, and water surveys.

Planned Implementation to Achieve Water Use Targets
The City has implemented the recommended DMMs cited in the California Water Code 10631 (e)(1)(B) and will continue to do so in the future. The City has met their 2020 target of 169 gpcd with an actual water use of 119 gpcd in 2020.

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Section Ten: Plan Adoption, Submittal, and Implementation City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 10-1 10 Plan Adoption, Submittal, and Implementation
The City has prepared this 2020 Urban Water Management Plan (UWMP), as required by the UWMPA.

This section documents plan adoption, submittal, and implementation of the 2020 UWMP. A completed UWMP checklist will be included in Appendix G of the Final UWMP.

Inclusion of All 2020 Data
The 2020 UWMP includes the water use and planning data for the calendar year of 2020. The City is reporting on a calendar year basis and therefore, 2020 data includes the months of January to December 2020.

Notice of Public Hearing
Prior to adoption of the 2020 UWMP, a public hearing was held and notices were provided to the public.

The public hearing provided an opportunity for the public to provide input to the plan before it is adopted. Additionally, the public hearing provided an opportunity for the City’s customers, residents, and employees to learn and ask questions about the current and future water supply of the City.

Notice
Legal Requirements:

CWC §10631
(b) Every urban water supplier required to prepare a plan shall… at least 60 days prior to the public hearing on the plan … notify any city or county within which the supplier provides waters supplies that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan.

CWC §10642
…The urban water supplier shall provide notice of the time and place of hearing to any city or county within which the supplier provides water supplies. A privately owned water supplier shall provide an equivalent notice within its service area… The City has provided formal written notification to the County of Madera and the Madera Irrigation District that the City’s UWMP was being updated for 2020. As shown in Table 10-1, this notification was provided to the County of Madera and the Madera Irrigation District at least 60 days prior to the public hearing of the plan. Copies of the final UWMP will be provided to these agencies no later than 30 days after its submission to Department of Water Resources (DWR). The notice of public hearing to the public is included in Appendix A.

Section Ten: Plan Adoption, Submittal, and Implementation City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 10-2 Table 10-1: Notification Letters (Submittal Table 10-1) Name 60-Day Notice Notice of Public Hearing
County of Madera X X
Madera Irrigation District X X
Notice to Public
Legal Requirements:

CWC §10642
…Prior to adopting a plan, the urban water supplier shall make the plan available for public inspection…Prior to the hearing, notice of the time and place of hearing shall be published within the jurisdiction of the publicly owned water supplier pursuant to Section 6066 of the Government Code [see below]. The urban water supplier shall provide notice of the time and place of a hearing to any city or county within which the supplier provides water supplies.

Government Code §6066
Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day.

The City is committed to encouraging the active involvement of diverse social, cultural, and economic elements of its citizenry. On July 6, 2022 and July 13, 2022, the City placed a notice in the Madera Tribune stating that its UWMP was being updated and that a public hearing would be conducted to take testimony from members of the community. The Draft 2020 UWMP was made available for public inspection at the City of Madera Public Works office, located at 1030 S. Gateway, Madera, California.

The notice of public hearing to the public is included in Appendix A.

Public Hearing and Adoption
Public Hearing
Legal Requirements:

CWC §10642
…Prior to adopting either, the [plan or water shortage contingency plan], the urban water supplier shall make both the plan and the water shortage contingency plan available for public inspection and shall hold a public hearing or hearings thereon.

CWC §10608.26
(a) In complying with this part, an urban retail water supplier shall conduct at least one public hearing to accomplish all of the following:
(1) Allow community input regarding the urban retail water supplier’s implementation plan for complying with this part. (2) Consider the economic impacts of the urban retail water supplier’s implementation plan for complying with this part. (3) Adopt a method, pursuant to subdivision (b) of Section 10608.20 for determining its urban water use target.

The public hearing was held prior to the adoption of the UWMP and was adopted as prepared. The hearing provided an opportunity for the City’s customers, residents, and employees to learn and ask questions about the current and future water supply of the City. _____ comments were provided at the hearing. The public hearing was held on September 21, 2022.

Section Ten: Plan Adoption, Submittal, and Implementation City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 10-3 Adoption
Legal Requirements:

CWC §10642
…After the hearing,
the plan shall be adopted as prepared or as modified after the hearing.

The plan adoption by City Council occurred after a public hearing on September 21, 2022. The City Adoption Resolution is included in Appendix H.

Plan Submittal
Legal Requirements:

CWC §10621
(e) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021… CWC §10644
(a)(1) An urban water supplier shall submit to the department, the California State Library, and any city or county within which the supplier provides water supplies a copy of its plan no later than 30 days after adoption.

CWC §10635
(b) The urban water supplier shall provide that portion of its urban water management plan prepared pursuant to this article to any city or county within which it provides water supplies no later than 60 days after the submission of its urban water management plan.

The following section outlines the submittal of the 2020 UWMP to DWR, the State Library, and Cities and Counties.

Submitting an UWMP and WSCP
The 2020 UWMP and WSCP will be submitted to the following agencies and stakeholders within 30 days of adoption, in the format noted, as required.
• Department of Water Resources (electronically)
• California State Library (compact disk)
• County of Madera (electronically)
• Madera Irrigation District (electronically)
Electronic Data Submittal
Legal Requirements:

CWC §10644 (a)(2)
The plan, or amendments to the plan, submitted to the department … shall be submitted electronically and shall include any standardized forms, tables, or displays specified by the department.

The 2020 UWMP, WSCP and tabular data will be submitted electronically using the Water Use Efficiency (WUE) data online submittal tool developed by DWR.

Section Ten: Plan Adoption, Submittal, and Implementation City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 10-4 Public Availability
Legal Requirements:

CWC §10645
(a) Not later than 30 days after filing a copy of its plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours. (b) Not later than 30 days after filing a copy of its water shortage contingency plan with the department, the urban water supplier and the department shall make the plan available for public review during normal business hours.

Within 30 days of submitting the UWMP and WSCP to DWR, the adopted plans will be available for public review during normal business hours at the City of Madera Public Works office. The City will also post a copy of the adopted UWMP and WSCP on its website (https://www.madera.gov/).

Amending an Adopted UWMP or WSCP
Legal Requirements:

CWC §10621
(d) The amendments to, or changes in, the plan shall be adopted and filed in the manner set forth in Article 3 (commencing with Section 10640).

CWC §10644
(a)(1) Copies of amendments or changes to the plans shall be submitted to the department, the California State Library, and any city or county within which the supplier provides water supplies within 30 days after adoption.

The plan may be updated at any time when the urban water supplier believes significant changes have occurred in population, land use, and/or water sources that may affect the contents of the plan. If major changes are made to this 2020 UWMP, the City will hold an additional public hearing and City Council will readopt the plan. Copies of amendments or changes to the plan shall be submitted to DWR, the California State Library, Madera Irrigation District, and Madera County within 30 days of adoption.

Section Eleven: References
City of Madera: 2020 UWMP Update
Provost & Pritchard Consulting Group • September 2022 11-1 11 References
Akel Engineering Group, Inc. (2014, September). City of Madera Water System Master Plan.

Center, Western Regional. (2021, August 26). Climate Summary, Precipitation and Temperature Report.

Retrieved from https://wrcc.dri.edu/cgi-bin/cliMAIN.pl?ca5233 CIMIS. (2021, August 25). California Irrigation Management Information System. Retrieved from https://cimis.water.ca.gov/
City of Madera. (2015, December 2). 2015 City of Madera Housing Element, Table H-40.

DOF, Department of Finance. (2021, September 2). Retrieved from E-4 Population Estimates for Cities, Counties and the State, 2010 - 2020: www.dof.ca.gov/Forecasting/Demographics/Projections/ DWR, Department of Water Resources. (2003). California's Groundwater, Bulletin 118 (Update 2003).

DWR, Department of Water Resources. (2021, March). Urban Water Management Plan Guidebook 2020.

Madera, County of, & PMC. (2009). City of Madera General Plan.

Montgomery Watson Harza. (2013, November). City of Madera REcycled Water Feasibility Study, Final Draft.

Provost & Pritchard Consulting Group. (2014, September). Madera Regional Groundwater Management Plan.

Provost & Pritchard Consulting Group. (2015). Madera Itegrated Regional Water Managmenet Plan.

Raftelis Financial Consultants, Inc. (2015). City of Madera Utility Rate Study Report.

State of California. (2010, February). 20x2020 Water Conservation Plan.

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Provost & Pritchard Consulting Group • September 2022 Appendix-1 Appendices
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Provost & Pritchard Consulting Group • June 2022 Appendix-2 Appendix A
Outreach Documents
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Provost & Pritchard Consulting Group • June 2022 Appendix-3 Appendix B
Water Loss Audits
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Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 2,977.044 MG/Yr 3 MG/Yr
Water imported: n/a 0.000 MG/Yr n/a MG/Yr
Water exported: n/a 0.000 MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 2,977.044 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 2,416.392 MG/Yr
Billed unmetered: 8 107.712 MG/Yr
Unbilled metered: 1 6.041 MG/Yr Pcnt: Value:

Unbilled unmetered: 37.213 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 2,567.358 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 409.686 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 7.443 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 239.581 MG/Yr 9.00% MG/Yr Systematic data handling errors: 6.041 MG/Yr 0.25% MG/Yr Apparent Losses: 253.065 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 156.621 MG/Yr WATER LOSSES: 409.686 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 452.940 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 8 203.0 miles
Number of active AND inactive service connections: 5 14,209 Service connection density: 70 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 8 53.5 psi

COST DATA
Total annual cost of operating water system: 7 $8,177,058 $/Year Customer retail unit cost (applied to Apparent Losses): 8 $1.55 Variable production cost (applied to Real Losses): 1 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Unbilled metered
3: Variable production cost (applied to Real Losses)
Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2017 1/2017 - 12/2017
City of Madera (2010002)
*** YOUR SCORE IS: 52 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed ?
?
?
?
?
? Click to access
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the ?
?
?
?
?
?
(length of service line, beyond the property boundary,
that is the responsibility of the utility)
Use buttons to select percentage of water supplied OR
value
? Click here:
for help using option buttons below
?
?
?
?
+
+ Click to add a WAS +
+
+
+
+
+
American Water Works Association. ?
?
? ++
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 8 2,735.023 MG/Yr 7 0.50% MG/Yr Water imported: MG/Yr MG/Yr
Water exported: MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 2,721.416 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 2,564.056 MG/Yr
Billed unmetered: 7 21.900 MG/Yr
Unbilled metered: 1 6.803 MG/Yr Pcnt: Value:

Unbilled unmetered: 34.018 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 2,626.777 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 94.639 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 6.804 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 8 0.000 MG/Yr MG/Yr
Systematic data handling errors: 6.410 MG/Yr 0.25% MG/Yr Apparent Losses: 13.214 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 81.426 MG/Yr WATER LOSSES: 94.639 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 135.460 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 3 204.0 miles
Number of active AND inactive service connections: 5 14,232 Service connection density: 70 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 8 54.0 psi

COST DATA
Total annual cost of operating water system: 7 $8,151,270 $/Year Customer retail unit cost (applied to Apparent Losses): 7 $1.90 Variable production cost (applied to Real Losses): 1 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2018 1/2018 - 12/2018
City of Madera (2010002)
*** YOUR SCORE IS: 64 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed ?
?
?
?
?
? Click to access
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the ?
?
?
?
?
?
(length of service line, beyond the property boundary,
that is the responsibility of the utility)
Use buttons to select percentage of water supplied OR
value
? Click here:
for help using option buttons below
?
?
?
?
+
+ Click to add a WAS +
+
+
+
+
+
American Water Works Association. ?
?
? ++
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 2,724.553 MG/Yr 3 MG/Yr
Water imported: MG/Yr MG/Yr
Water exported: MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 2,724.553 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 2,535.470 MG/Yr
Billed unmetered: 8 97.310 MG/Yr
Unbilled metered: 6 6.340 MG/Yr Pcnt: Value:

Unbilled unmetered: 34.057 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 2,673.177 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 51.376 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 6.811 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.000 MG/Yr MG/Yr
Systematic data handling errors: 6.339 MG/Yr 0.25% MG/Yr Apparent Losses: 13.150 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 38.226 MG/Yr WATER LOSSES: 51.376 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 91.773 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 8 204.0 miles
Number of active AND inactive service connections: 5 14,470 Service connection density: 71 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 3 53.0 psi

COST DATA
Total annual cost of operating water system: 9 $7,095,576 $/Year Customer retail unit cost (applied to Apparent Losses): 8 $3.96 Variable production cost (applied to Real Losses): 6 $1,688.55 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed metered
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 59 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
Default option selected for Unbilled unmetered - a grading of 5 is applied but not displayed 2019 1/2019 - 12/2019
City of Madera (2010002)
?
?
?
?
?
? Click to access
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the ?
?
?
?
?
?
(length of service line, beyond the property boundary,
that is the responsibility of the utility)
Use buttons to select percentage of water supplied OR
value
? Click here:
for help using option buttons below
?
?
?
?
+
+ Click to add a WAS +
+
+
+
+
+
American Water Works Association. ?
?
? ++
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 This Page Has Been Intentionally Left Blank
Provost & Pritchard Consulting Group • June 2022 Appendix-4 Appendix C
2015 SBx7-7 Compliance Tables
This Page Has Been Intentionally Left Blank
SB X7-7 Table 0: Units of Measure Used in UWMP*
(select one from the drop down list)
Acre Feet
*The unit of measure must be consistent with Table 2-3
NOTES:

Parameter Value Units
2008 total water deliveries 13,901 Acre Feet
2008 total volume of delivered recycled water - Acre Feet 2008 recycled water as a percent of total deliveries 0.00% Percent Number of years in baseline period1, 2 10 Years
Year beginning baseline period range 1995
Year ending baseline period range3
2004
Number of years in baseline period 5 Years
Year beginning baseline period range 2003
Year ending baseline period range4
2007
SB X7-7 Table-1: Baseline Period Ranges
1 If the 2008 recycled water percent is less than 10 percent, then the first baseline period is a continuous 10-year period. If the amount of recycled water delivered in 2008 is 10 percent or greater, the first baseline period is a continuous 10- to 15-year period. 2 The Water Code requires that the baseline period is between 10 and 15 years. However, DWR recognizes that some water suppliers may not have the minimum 10 years of baseline data.
3 The ending year must be between December 31, 2004 and December 31, 2010. 4 The ending year must be between December 31, 2007 and December 31, 2010. 5-year
baseline period
Baseline
10- to 15-year
baseline period
NOTES:

NOTES:

SB X7-7 Table 2: Method for Population Estimates
Method Used to Determine Population
(may check more than one)

1. Department of Finance (DOF)
DOF Table E-8 (1990 - 2000) and (2000-2010) and
DOF Table E-5 (2011 - 2015) when available

3. DWR Population Tool

4. Other
DWR recommends pre-review

2. Persons-per-Connection Method
Population
Year 1 1995 36,557
Year 2 1996 37,753
Year 3 1997 39,276
Year 4 1998 40,518
Year 5 1999 41,424
Year 6 2000 43,089
Year 7 2001 44,565
Year 8 2002 46,066
Year 9 2003 47,939
Year 10 2004 49,691
Year 11
Year 12
Year 13
Year 14
Year 15
Year 1 2003 47,939
Year 2 2004 49,691
Year 3 2005 51,735
Year 4 2006 53,928
Year 5 2007 57,181
64,810
SB X7-7 Table 3: Service Area Population
10 to 15 Year Baseline Population
5 Year Baseline Population
2015 Compliance Year Population
NOTES:

Year
2015
Exported
Water
Change in
Dist. System
Storage
(+/-)
Indirect
Recycled
Water
This column will
remain blank
until SB X7-7
Table 4-B is
completed.

Water
Delivered for
Agricultural
Use
Process Water
This column will
remain blank
until SB X7-7
Table 4-D is
completed.

Year 1 1995 10,306 - - 10,306
Year 2 1996 11,314 - - 11,314
Year 3 1997 11,650 - - 11,650
Year 4 1998 10,888 - - 10,888
Year 5 1999 12,156 - - 12,156
Year 6 2000 11,834 - - 11,834
Year 7 2001 11,210 - - 11,210
Year 8 2002 11,869 - - 11,869
Year 9 2003 12,474 - - 12,474
Year 10 2004 12,887 - - 12,887
Year 11 0 - - - -
Year 12 0 - - - -
Year 13 0 - - - -
Year 14 0 - - - -
Year 15 0 - - - -
11,659
Year 1 2003 12,474 - - 12,474
Year 2 2004 12,887 - - 12,887
Year 3 2005 12,819 - - 12,819
Year 4 2006 13,166 - - 13,166
Year 5 2007 14,050 - - 14,050
13,079
9,314 - - - 9,314
Volume Into
Distribution
System
This column will
remain blank
until SB X7-7
Table 4-A is
completed.

Annual
Gross
Water Use
Deductions
* NOTE that the units of measure must remain consistent throughout the UWMP, as reported in Table 2-3 NOTES: Exludes direct raw water deliveries to La Paloma Powerplant SB X7-7 Table 4: Annual Gross Water Use *
2015
10 to 15 Year Baseline - Gross Water Use
10 - 15 year baseline average gross water use
5 Year Baseline - Gross Water Use
5 year baseline average gross water use
2015 Compliance Year - Gross Water Use
Baseline Year
Fm SB X7-7 Table 3
Volume
Entering
Distribution
System
Meter Error
Adjustment*
Optional
(+/-)
Corrected
Volume
Entering
Distribution
System
Year 1 1995 10,306 10,306
Year 2 1996 11,314 11,314
Year 3 1997 11,650 11,650
Year 4 1998 10,888 10,888
Year 5 1999 12,156 12,156
Year 6 2000 11,834 11,834
Year 7 2001 11,210 11,210
Year 8 2002 11,869 11,869
Year 9 2003 12,474 12,474
Year 10 2004 12,887 12,887
Year 11 0 -
Year 12 0 -
Year 13 0 -
Year 14 0 -
Year 15 0 -
Year 1 2003 12,474 12,474
Year 2 2004 12,887 12,887
Year 3 2005 12,819 12,819
Year 4 2006 13,166 13,166
Year 5 2007 14,050 14,050
9,314 9,314
SB X7-7 Table 4-A: Volume Entering the Distribution
System(s)
Complete one table for each source.
10 to 15 Year Baseline - Water into Distribution System 5 Year Baseline - Water into Distribution System
2015 Compliance Year - Water into Distribution System
Name of Source
Baseline Year
Fm SB X7-7 Table 3
* Meter Error Adjustment - See guidance in Methodology 1, Step 3 of Methodologies Document
NOTES:

This water source is:

The supplier's own water source
A purchased or imported source
2015
City Groundwater
Service Area
Population
Fm SB X7-7
Table 3
Annual Gross
Water Use
Fm SB X7-7
Table 4
Daily Per
Capita Water
Use (GPCD)
Year 1 1995 36,557 10,306 252
Year 2 1996 37,753 11,314 268
Year 3 1997 39,276 11,650 265
Year 4 1998 40,518 10,888 240
Year 5 1999 41,424 12,156 262
Year 6 2000 43,089 11,834 245
Year 7 2001 44,565 11,210 225
Year 8 2002 46,066 11,869 230
Year 9 2003 47,939 12,474 232
Year 10 2004 49,691 12,887 232
Year 11 0 - -
Year 12 0 - -
Year 13 0 - -
Year 14 0 - -
Year 15 0 - -
245
Service Area
Population
Fm SB X7-7
Table 3
Gross Water Use
Fm SB X7-7
Table 4
Daily Per
Capita Water
Use
Year 1 2003 47,939 12,474 232
Year 2 2004 49,691 12,887 232
Year 3 2005 51,735 12,819 221
Year 4 2006 53,928 13,166 218
Year 5 2007 57,181 14,050 219
224
64,810 9,314 128
SB X7-7 Table 5: Gallons Per Capita Per Day (GPCD)
Baseline Year
Fm SB X7-7 Table 3
10 to 15 Year Baseline GPCD
10-15 Year Average Baseline GPCD
5 Year Baseline GPCD
NOTES:
5 Year Average Baseline GPCD
2015 Compliance Year GPCD
2015
Baseline Year
Fm SB X7-7 Table 3
245
224
2015 Compliance Year GPCD 128
SB X7-7 Table 6: Gallons per Capita per Day
Summary From Table SB X7-7 Table 5
10-15 Year Baseline GPCD
5 Year Baseline GPCD
NOTES:

Supporting Documentation
Method 1 SB X7-7 Table 7A
Method 2 SB X7-7 Tables 7B, 7C, and 7D
Contact DWR for these tables
Method 3 SB X7-7 Table 7-E
Method 4 Method 4 Calculator
SB X7-7 Table 7: 2020 Target Method
Select Only One
Target Method
NOTES:
10-15 Year Baseline
GPCD
2020 Target
GPCD
245 196
SB X7-7 Table 7-A: Target Method 1
20% Reduction
NOTES:
5 Year
Baseline GPCD
From SB X7-7
Table 5
Maximum 2020
Target1
Calculated
2020 Target2
Confirmed
2020 Target
224 213 196 196
SB X7-7 Table 7-F: Confirm Minimum Reduction for 2020 Target 1 Maximum 2020 Target is 95% of the 5 Year Baseline GPCD 2 2020
Target is calculated based on the selected Target Method, see SB X7-7 Table 7 and corresponding tables for agency's calculated target.

NOTES:

Confirmed
2020 Target
Fm SB X7-7
Table 7-F
10-15 year
Baseline GPCD
Fm SB X7-7
Table 5
2015 Interim
Target GPCD
196 245 220
SB X7-7 Table 8: 2015 Interim Target GPCD
NOTES:

Extraordinary
Events
Weather
Normalization
Economic
Adjustment
128 220
From
Methodology 8
(Optional)
From
Methodology 8
(Optional)
From
Methodology
8 (Optional)
- 128 128 YES
Optional Adjustments (in GPCD)
NOTES:

SB X7-7 Table 9: 2015 Compliance
Did Supplier
Achieve
Targeted
Reduction for
2015?
Actual 2015
GPCD
2015 Interim
Target GPCD
2015 GPCD
(Adjusted if
applicable)
TOTAL
Adjustments
Adjusted 2015
GPCD
Enter "0" if Adjustment Not Used
This Page Has Been Intentionally Left Blank
Provost & Pritchard Consulting Group • June 2022 Appendix-5 Appendix D
2020 SBx7-7 Compliance Tables
This Page Has Been Intentionally Left Blank
SB X7-7 Table 0: Units of Measure Used in 2020 UWMP*
(select one from the drop down list)
Acre Feet
*The unit of measure must be consistent throughout the UWMP, as reported in Submittal Table 2-3.

NOTES:

SB X7-7 Table 2: Method for 2020 Population Estimate
Method Used to Determine 2020 Population
(may check more than one)

1. Department of Finance (DOF) or
American Community Survey (ACS)

3. DWR Population Tool

4. Other
DWR recommends pre-review

2. Persons-per-Connection Method
Exported
Water *
Change in
Dist. System
Storage*
(+/-)
Indirect
Recycled
Water
This column will
remain blank
until SB X7-7
Table 4-B is
completed.

Water
Delivered for
Agricultural
Use*
Process Water
This column will
remain blank
until SB X7-7
Table 4-D is
completed.
8,754 - - 8,754
NOTES:

SB X7-7 Table 4: 2020 Gross Water Use
2020 Volume
Into
Distribution
System
This column will
remain blank until
SB X7-7 Table 4-A
is completed.
2020 Gross Water
Use
2020 Deductions
* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.

Compliance
Year 2020
Volume Entering
Distribution System 1
Meter Error
Adjustment 2
Optional
(+/-)
Corrected Volume
Entering
Distribution System
8,754 8,754 -
SB X7-7 Table 4-A: 2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.

Name of Source
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7-7 Table 0 and Submittal Table 2-3.
2 Meter Error Adjustment - See guidance in Methodology 1, Step 3 of Methodologies Document NOTES
This water source is (check one) :

The supplier's own water source
A purchased or imported source
Groundwater Wells
Compliance Year
2020
2020 Gross Water
Fm SB X7-7 Table 4
2020 Population Fm
SB X7-7 Table 3
2020 GPCD
65,526 8,754 119
SB X7-7 Table 5: 2020 Gallons Per Capita Per Day
(GPCD)
NOTES:

Extraordinary
Events1
Weather
Normalization1
Economic
Adjustment1
119 - - - 119 - 196 YES
NOTES:
1 All values are reported in GPCD
2 2020 Confirmed Target GPCD is taken from the Supplier's SB X7-7 Verification Form Table SB X7-7, 7-F.

SB X7-7 Table 9: 2020 Compliance
Optional Adjustments to 2020 GPCD
Did Supplier
Achieve
Targeted
Reduction for
2020?
Actual 2020
GPCD1
2020 Confirmed
Target GPCD 1, 2 TOTAL
Adjustments1
Adjusted 2020
GPCD 1
(Adjusted if
applicable)
Enter "0" if Adjustment Not Used
Provost & Pritchard Consulting Group • June 2022 Appendix-6 Appendix E
Water Shortage Contingency Plan
(Left Blank Until Adoption)
This Page Has Been Intentionally Left Blank
Provost & Pritchard Consulting Group • June 2022 Appendix-7 Appendix F
City Ordinances
This Page Has Been Intentionally Left Blank

This Page Has Been Intentionally Left Blank
Provost & Pritchard Consulting Group • June 2022 Appendix-8 Appendix G
UWMP Checklist
This Page Has Been Intentionally Left Blank
City of Madera
Appendix G: UWMP Checklist
Page | 1
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Chapter 1 10615 A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand management activities.

Introduction and
Overview
Section 1
Chapter 1 10630.5 Each plan shall include a simple description of the supplier’s plan including water availability, future requirements, a strategy for meeting needs, and other pertinent information. Additionally, a supplier may also choose to include a simple description at the beginning of each chapter.

Summary Executive Summary
Section 2.2 10620(b) Every person that becomes an urban water supplier shall adopt an urban water management plan within one year after it has become an urban water supplier.

Plan Preparation Section 2.1
Section 2.6 10620(d)(2) Coordinate the preparation of its plan with other appropriate agencies in the area, including other water suppliers that share a common source, water management agencies, and relevant public agencies, to the extent practicable.

Plan Preparation Section 2.4
Section 2.6.2 10642 Provide supporting documentation that the water supplier has encouraged active involvement of diverse social, cultural, and economic elements of the population within the service area prior to and during the preparation of the plan and contingency plan.

Plan Preparation Section 2.4
Section 10.2
Section 10.3
Section 2.6,
Section 6.1
10631(h) Retail suppliers will include documentation that they have provided their wholesale supplier(s) - if any - with water use projections from that source.

System Supplies N/A
Section 3.1 10631(a) Describe the water supplier service area. System Description Section 3.2 Section 3.3 10631(a) Describe the climate of the service area of the supplier. System Description Section 3.3 Section 3.4 10631(a) Provide population projections for 2025, 2030, 2035, 2040 and optionally 2045.

System Description Section 3.4
City of Madera
Appendix G: UWMP Checklist
Page | 2
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 3.4.2 10631(a) Describe other social, economic, and demographic factors affecting the supplier’s water management planning.

System Description Section 3.4
Sections 3.4
and 5.4
10631(a) Indicate the current population of the service area. System Description and Baselines and
Targets
Section 3.4
Section 3.5 10631(a) Describe the land uses within the service area. System Description Section 3.5 Section 4.2 10631(d)(1) Quantify past, current, and projected water use, identifying the uses among water use sectors.

System Water Use Section 4.2
Section 4.2.4 10631(d)(3)(C) Retail suppliers shall provide data to show the distribution loss standards were met.

System Water Use Section 4.2.3
Section 4.2.6 10631(d)(4)(A) In projected water use, include estimates of water savings from adopted codes, plans, and other policies or laws.

System Water Use Section 4.2.5
Section 4.2.6 10631(d)(4)(B) Provide citations of codes, standards, ordinances, or plans used to make water use projections.

System Water Use Section 4.2.5
Section

4.3.2.4 10631(d)(3)(A) Report the distribution system water loss for each of the 5 years preceding the plan update.

System Water Use Section 4.2.3
Section 4.4 10631.1(a) Include projected water use needed for lower income housing projected in the service area of the supplier.

System Water Use Section 4.3
Section 4.5 10635(b) Demands under climate change considerations must be included as part of the drought risk assessment.

System Water Use Section 4.2.6
Section 4.4
Chapter 5 10608.20(e) Retail suppliers shall provide baseline daily per capita water use, urban water use target, interim urban water use target, and compliance daily per capita water use, along with the bases for determining those estimates, including references to supporting Data.

Baselines and Targets Section 5
Chapter 5 10608.24(a) Retail suppliers shall meet their water use target by December 31, 2020.

Baselines and Targets Section 5.1.3
City of Madera
Appendix G: UWMP Checklist
Page | 3
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 5.2 10608.24(d)(2) If the retail supplier adjusts its compliance GPCD using weather normalization, economic adjustment, or extraordinary events, it shall provide the basis for, and data supporting the adjustment.

Baselines and Targets Section 5.1.3
Section 5.5 10608.22 Retail suppliers’ per capita daily water use reduction shall be no less than 5 percent of base daily per capita water use of the 5-year baseline. This does not apply if the suppliers base GPCD is at or below 100.

Baselines and Targets Section 5.1.3
Section 5.5
and Appendix
E
10608.4 Retail suppliers shall report on their compliance in meeting their water use targets. The data shall be reported using a standardized form in the SBX7-7 2020 Compliance Form.

Baselines and Targets Section 5.1.3
Appendix D
Sections 6.1
and 6.2
10631(b)(1) Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought.

System Supplies Section 7.3
Sections 6.1 10631(b)(1) Provide a discussion of anticipated supply availability under a normal, single dry year, and a drought lasting five years, as well as more frequent and severe periods of drought, including changes in supply due to climate change.

System Supplies Section 6.2.10
Section 7.3
Section 6.1 10631(b)(2) When multiple sources of water supply are identified, describe the management of each supply in relationship to other identified supplies.

System Supplies N/A
Section 6.1.1 10631(b)(3) Describe measures taken to acquire and develop planned sources of water.

System Supplies N/A
Section 6.2.8 10631(b) Identify and quantify the existing and planned sources of water available for 2020, 2025, 2030, 2035, 2040 and optionally 2045.

System Supplies Section 6.2.9
Section 6.2 10631(b) Indicate whether groundwater is an existing or planned source of water available to the supplier.

System Supplies Section 6.2.2
Section 6.2.9
City of Madera
Appendix G: UWMP Checklist
Page | 4
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 6.2.2 10631(b)(4)(A) Indicate whether a groundwater sustainability plan or groundwater management plan has been adopted by the water supplier or if there is any other specific authorization for groundwater management. Include a copy of the plan or authorization.

System Supplies Section 6.2.2.2
Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin. System Supplies Section 6.2.2.1 Section 6.2.2 10631(b)(4)(B) Indicate if the basin has been adjudicated and include a copy of the court order or decree and a description of the amount of water the supplier has the legal right to pump.

System Supplies N/A
Section

6.2.2.1 10631(b)(4)(B) For unadjudicated basins, indicate whether or not the department has identified the basin as a high or medium priority. Describe efforts by the supplier to coordinate with sustainability or groundwater agencies to achieve sustainable groundwater conditions.

System Supplies Section 6.2.2.1
Section

6.2.2.4 10631(b)(4)(C) Provide a detailed description and analysis of the location, amount, and sufficiency of groundwater pumped by the urban water supplier for the past five years
System Supplies Section 6.2.2.4
Section 6.2.2 10631(b)(4)(D) Provide a detailed description and analysis of the amount and location of groundwater that is projected to be pumped.

System Supplies Section 6.2.9.1
Section 6.2.7 10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or long- term basis.

System Supplies Section 6.2.7
Section 6.2.5 10633(b) Describe the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise available for use in a recycled water project.

System Supplies
(Recycled Water)
Section 6.2.5.2
Section 6.2.5 10633(c) Describe the recycled water currently being used in the supplier's service area.

System Supplies
(Recycled Water)
Section 6.2.5.3
Section 6.2.5 10633(d) Describe and quantify the potential uses of recycled water and provide a determination of the technical and economic feasibility of those uses.

System Supplies
(Recycled Water)
Section 6.2.5.4
City of Madera
Appendix G: UWMP Checklist
Page | 5
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 6.2.5 10633(e) Describe the projected use of recycled water within the supplier's service area at the end of 5, 10, 15, and 20 years, and a description of the actual use of recycled water in comparison to uses previously projected.

System Supplies
(Recycled Water)
Section 6.2.5.4
Section 6.2.5 10633(f) Describe the actions which may be taken to encourage the use of recycled water and the projected results of these actions in terms of acre-feet of recycled water used per year.

System Supplies
(Recycled Water)
Section 6.2.5.5
Section 6.2.5 10633(g) Provide a plan for optimizing the use of recycled water in the supplier's service area.

System Supplies
(Recycled Water)
Section 6.2.5.4
Section 6.2.6 10631(g) Describe desalinated water project opportunities for long-term supply. System Supplies Section 6.2.6 Section 6.2.5 10633(a) Describe the wastewater collection and treatment systems in the supplier’s service area with quantified amount of collection and treatment and the disposal methods.

System Supplies
(Recycled Water)
Section 6.2.5.2
Section 6.2.8,
Section 6.3.7
10631(f) Describe the expected future water supply projects and programs that may be undertaken by the water supplier to address water supply reliability in average, single-dry, and for a period of drought lasting 5 consecutive water years.

System Supplies Section 6.2.8
Section 6.4
and Appendix
O
10631.2(a) The UWMP must include energy information, as stated in the code, that a supplier can readily obtain.

System Suppliers,
Energy Intensity
Section 6.3
Section 7.2 10634 Provide information on the quality of existing sources of water available to the supplier and the manner in which water quality affects water management strategies and supply reliability.

Water Supply
Reliability
Assessment
Section 7.1.3
Section 7.2.4 10620(f) Describe water management tools and options to maximize resources and minimize the need to import water from other regions.

Water Supply
Reliability
Assessment
Section 7.3.4
City of Madera
Appendix G: UWMP Checklist
Page | 6
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 7.3 10635(a) Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a drought lasting five consecutive water years by comparing the total water supply sources available to the water supplier with the total projected water use over the next 20 years.

Water Supply
Reliability
Assessment
Section 7.3
Section 7.3 10635(b) Provide a drought risk assessment as part of information considered in developing the demand management measures and water supply projects.

Water Supply
Reliability
Assessment
Section 7.4
Section 7.3 10635(b)(1) Include a description of the data, methodology, and basis for one or more supply shortage conditions that are necessary to conduct a drought risk assessment for a drought period that lasts 5 consecutive years.

Water Supply
Reliability
Assessment
Section 7.4.1
Section 7.3 10635(b)(2) Include a determination of the reliability of each source of supply under a variety of water shortage conditions.

Water Supply
Reliability
Assessment
Section 7.4.2
Section 7.3 10635(b)(3) Include a comparison of the total water supply sources available to the water supplier with the total projected water use for the drought period.

Water Supply
Reliability
Assessment
Section 7.4.3
Section 7.3 10635(b)(4) Include considerations of the historical drought hydrology, plausible changes on projected supplies and demands under climate change conditions, anticipated regulatory changes, and other locally applicable criteria.

Water Supply
Reliability
Assessment
Section 7.4.1
Chapter 8 10632(a) Provide a water shortage contingency plan (WSCP) with specified elements below.

Water Shortage
Contingency Planning
Section 8, Appendix E
Chapter 8 10632(a)(1) Provide the analysis of water supply reliability (from Chapter 7 of Guidebook) in the WSCP
Water Shortage
Contingency Planning
Appendix E, Section

2.1 City of Madera
Appendix G: UWMP Checklist
Page | 7
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 8.10 10632(a)(10) Describe reevaluation and improvement procedures for monitoring and evaluation the water shortage contingency plan to ensure risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented.

Water Shortage
Contingency Planning
Appendix E, Section 11
Section 8.2 10632(a)(2)(A) Provide the written decision- making process and other methods that the supplier will use each year to determine its water reliability.

Water Shortage
Contingency Planning
Appendix E, Section 3
Section 8.2 10632(a)(2)(B) Provide data and methodology to evaluate the supplier’s water reliability for the current year and one dry year pursuant to factors in the code.

Water Shortage
Contingency Planning
Appendix E, Section

3.1 Section 8.3 10632(a)(3)(A) Define six standard water shortage levels of 10, 20, 30, 40, 50 percent shortage and greater than 50 percent shortage. These levels shall be based on supply conditions, including percent reductions in supply, changes in groundwater levels, changes in surface elevation, or other conditions. The shortage levels shall also apply to a catastrophic interruption of supply.

Water Shortage
Contingency Planning
Appendix E, Section

5.1 Section 8.3 10632(a)(3)(B) Suppliers with an existing water shortage contingency plan that uses different water shortage levels must cross reference their categories with the six standard categories.

Water Shortage
Contingency Planning
N/A
Section 8.4 10632(a)(4)(A) Suppliers with water shortage contingency plans that align with the defined shortage levels must specify locally appropriate supply augmentation actions.

Water Shortage
Contingency Planning
Appendix E, Section

5.2 Section 8.4 10632(a)(4)(B) Specify locally appropriate demand reduction actions to adequately respond to shortages.

Water Shortage
Contingency Planning
Appendix E, Section

5.1 Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes. Water Shortage Contingency Planning
Appendix E, Section

5.1 Section 8.4 10632(a)(4)(D) Specify additional mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions are appropriate to local conditions.

Water Shortage
Contingency Planning
Appendix E, Section

5.1 City of Madera
Appendix G: UWMP Checklist
Page | 8
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 8.4 10632(a)(4)(E) Estimate the extent to which the gap between supplies and demand will be reduced by implementation of the action.

Water Shortage
Contingency Planning
Appendix E, Table 5-1
Section 8.4.6 10632.5 The plan shall include a seismic risk assessment and mitigation plan. Water Shortage Contingency Plan
Appendix E, Section

5.5 Section 8.5 10632(a)(5)(A) Suppliers must describe that they will inform customers, the public and others regarding any current or predicted water shortages.

Water Shortage
Contingency Planning
Appendix E, Section 6
Section 8.5
and 8.6
10632(a)(5)(B)
10632(a)(5)(C)
Suppliers must describe that they will inform customers, the public and others regarding any shortage response actions triggered or anticipated to be triggered and other relevant communications.

Water Shortage
Contingency Planning
Appendix E, Section 6
Section 8.6 10632(a)(6) Retail supplier must describe how it will ensure compliance with and enforce provisions of the WSCP.

Water Shortage
Contingency Planning
Appendix E, Section 7
Section 8.7 10632(a)(7)(A) Describe the legal authority that empowers the supplier to enforce shortage response actions.

Water Shortage
Contingency Planning
Appendix E, Section 8
Section 8.7 10632(a)(7)(B) Provide a statement that the supplier will declare a water shortage emergency Water Code Chapter 3.

Water Shortage
Contingency Planning
Appendix E, Section 8
Section 8.7 10632(a)(7)(C) Provide a statement that the supplier will coordinate with any city or county within which it provides water for the possible proclamation of a local emergency.

Water Shortage
Contingency Planning
Appendix E, Section 8
Section 8.8 10632(a)(8)(A) Describe the potential revenue reductions and expense increases associated with activated shortage response actions.

Water Shortage
Contingency Planning
Appendix E, Section

9.1 Section 8.8 10632(a)(8)(B) Provide a description of mitigation actions needed to address revenue reductions and expense increases associated with activated shortage response actions.

Water Shortage
Contingency Planning
Appendix E, Section

9.2 Section 8.8 10632(a)(8)(C) Retail suppliers must describe the cost of compliance with Water Code Chapter 3.3: Excessive Residential Water Use During Drought Water Shortage
Contingency Planning
Appendix E, Section

9.3 City of Madera
Appendix G: UWMP Checklist
Page | 9
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 8.9 10632(a)(9) Retail suppliers must describe the monitoring and reporting requirements and procedures that ensure appropriate data is collected, tracked, and analyzed for purposes of monitoring customer compliance.

Water Shortage
Contingency Planning
Appendix E, Section 10
Section 8.11 10632(b) Analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas.

Water Shortage
Contingency Planning
Appendix E, Section 12
Sections 8.12
and 10.4
10635(c) Provide supporting documentation that Water Shortage Contingency Plan has been, or will be, provided to any city or county within which it provides water, no later than 30 days after the submission of the plan to DWR.

Plan Adoption,
Submittal, and
Implementation
Appendix E, Section

13.3 Section 8.14 10632(c) Make available the Water Shortage Contingency Plan to customers and any city or county where it provides water within 30 after adopted the plan.

Water Shortage
Contingency Planning
Appendix E, Section

13.4 Sections 9.1
and 9.3
10631(e)(2) Wholesale suppliers shall describe specific demand management measures listed in code, their distribution system asset management program, and
supplier assistance program.

Demand Management
Measures
N/A
Sections 9.2
and 9.3
10631(e)(1) Retail suppliers shall provide a description of the nature and extent of each demand management measure implemented over the past five years. The description will address specific measures listed in code.

Demand Management
Measures
Section 9
Chapter 10 10608.26(a) Retail suppliers shall conduct a public hearing to discuss adoption, implementation, and economic impact of water use targets (recommended to discuss compliance).

Plan Adoption,
Submittal, and
Implementation
Section 10.2
City of Madera
Appendix G: UWMP Checklist
Page | 10
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section

10.2.1 10621(b) Notify, at least 60 days prior to the public hearing, any city or county within which the supplier provides water that the urban water supplier will be reviewing the plan and considering amendments or changes to the plan. Reported in Table 10-1.

Plan Adoption,
Submittal, and
Implementation
Section 10.2.1
Section 10.4 10621(f) Each urban water supplier shall update and submit its 2020 plan to the department by July 1, 2021.

Plan Adoption,
Submittal, and
Implementation
Section 10
Sections

10.2.2, 10.3,
and 10.5
10642 Provide supporting documentation that the urban water supplier made the plan and contingency plan available for public inspection, published notice of the public hearing, and held a public hearing about the plan and contingency plan.

Plan Adoption,
Submittal, and
Implementation
Section 10.2
Appendix A
Section

10.2.2 10642 The water supplier is to provide the time and place of the hearing to any city or county within which the supplier provides water.

Plan Adoption,
Submittal, and
Implementation
Section 10.2
Section

10.3.2 10642 Provide supporting documentation that the plan and contingency plan has been adopted as prepared or modified.

Plan Adoption,
Submittal, and
Implementation
Appendix H
Section 10.4 10644(a) Provide supporting documentation that the urban water supplier has submitted this UWMP to the California State Library.

Plan Adoption,
Submittal, and
Implementation
Section 10.4
Section 10.4 10644(a)(1) Provide supporting documentation that the urban water supplier has submitted this UWMP to any city or county within which the supplier provides water no later than 30 days after adoption.

Plan Adoption,
Submittal, and
Implementation
Section 10.4
Sections

10.4.1 and

10.4.2 10644(a)(2) The plan, or amendments to the plan, submitted to the department shall be submitted electronically.

Plan Adoption,
Submittal, and
Implementation
Section 10.4
City of Madera
Appendix G: UWMP Checklist
Page | 11
2020
Guidebook
Location
Water Code
Section
Summary as Applies to UWMP Subject 2020 UWMP Location
Section 10.5 10645(a) Provide supporting documentation that, not later than 30 days after filing a copy of its plan with the department, the supplier has or will make the plan available for public review during normal business hours.

Plan Adoption,
Submittal, and
Implementation
Section 10.5
Section 10.5 10645(b) Provide supporting documentation that, not later than 30 days after filing a copy of its water shortage contingency plan with the department, the supplier has or will make the plan available for public review during normal business hours.

Plan Adoption,
Submittal, and
Implementation
Section 10.5
Section 10.6 10621(c) If supplier is regulated by the Public Utilities Commission, include its plan and contingency plan as part of its general rate case filings.

Plan Adoption,
Submittal, and
Implementation
N/A
Section

10.7.2 10644(b) If revised, submit a copy of the water shortage contingency plan to DWR within 30 days of adoption.

Plan Adoption,
Submittal, and
Implementation
Section 10.6
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Provost & Pritchard Consulting Group  June 2022 Appendix-9 Appendix H
Adopting Resolution
(Left Blank Until Adoption)
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Provost & Pritchard Consulting Group • June 2022 Appendix-10 Appendix I
DWR Submittal Tables
(Left Blank Until Adoption)
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Resolution for the Water Shortage Contingency Plan
RESOLUTION NO. 22-______

Madera City CouncilSeptember 21, 2022

Madera City Council
September 21, 2022