Madera City Council
October 5, 2022

Update 9/29/2022 at 9:30 p.m. Madera City Council Agenda Page 1 of 5 October 5, 2022

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

NOTICE AND AGENDA
Wednesday, October 5, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 897 7517 9569#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Mike Souza, Harvest Community Church
PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

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

WRITTEN COMMUNICATIONS: None
Update 9/29/2022 at 9:30 p.m. Madera City Council Agenda Page 2 of 5 October 5, 2022
PRESENTATIONS:

1. Certificate Recognizing Dennis Smith for 11 Years of Service on ADA Advisory Council

2. Certificate Recognizing Tim Riche for 6 Years of Service on ADA Advisory Council

3. Proclamation Recognizing Indigenous People Day

4. Madera Community College - Lumina Million Dollar Community College Challenge INTRODUCTIONS:

1. Liliana Camacho, Administrative Assistant Grants Department A. WORKSHOP: None
B. CONSENT CALENDAR:

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

B-1 Minutes – 05/18/22, 06/01/22
Recommendation: Approve the City Council Minutes of May 18, 2022 and June 1, 2022 B-2 Informational Report on Register of Audited Demands for September 10, 2022 to September 23, 2022
Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Request to Waive City Fees relating to Madera High School’s Homecoming Parade Recommendation: Adopt a Resolution Waiving the Fees to Cover the Costs of Police and Public Works Services relating to the Madera High School Homecoming Parade in the amount of $2,124 (Report by Dino Lawson)
B-4 Letter of Support for Amond World and the Pursuit of California Competes Tax Credit Recommendation: Approve a Minute Order Approving a Letter of Support for Amond World and the California Competes Tax Credit (Report by Arnoldo Rodriguez) B-5 Appointment to the Civil Service Commission
Recommendation: Adopt a Resolution Appointing Dennis Smith to the Civil Service Commission (Report by Wendy Silva)
B-6 Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at 1389 Taylor Lane (APN 006-580-006)
Recommendation: Adopt a Resolution Approving a Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement (PUE) at Property Owners Risk (Report by Keith Helmuth)
B-7 Letter of Support for the Affiliation of Madera Community Hospital, Trinity Health, and Saint Agnes Medical Center
Recommendation: Approve a Minute Order Approving a Letter of Support the Affiliation of Madera Community Hospital, Trinity Health, and Saint Agnes Medical Center (Report by Arnoldo Rodriguez)
Update 9/29/2022 at 9:30 p.m. Madera City Council Agenda Page 3 of 5 October 5, 2022
B-8 Consideration of a Request by Nadeem Ahmad and Shahzada Farooq for Connection to the City’s Water System
Recommendation: Adopt a Resolution Approving an Agreement for Outside City Limits Water Connection for 16255 North D Street (Report by Keith Helmuth) C. PUBLIC HEARINGS:

C-1 Public Hearing for Annexation No. 11 (Tract 20-S-02 Pecan Square Subdivision) into Community Facilities District No. 2005-1 (Public Services) and Related Actions Recommendation:
1) Adopt a Resolution Authorizing the Annexation (Annexation No. 11) of Territory to Community Facilities District (CFD) No. 2005-1 and Levy of Special Tax and Submitting the Levy of Tax to the Qualified Electors; and
2) Adopt a Resolution Calling a Special Election and Submitting to the Voters of Annexation No. 11 of CFD 2005-1 the Proposition Regarding the Annual Levy of Special Taxes within Annexation No. 11 to Finance Police Protection Services, Fire Protection and Suppression Services, Park Maintenance, and Storm Drainage System Operation and Maintenance within the District; and
3) Conduct a Special Election of the Qualified Electors of Annexation No. 11 of the City’s CFD 2005-1 and Declaration and Certification of the Results Thereof; and 4) Adopt a Resolution Making Certain Findings, Certifying the Results of an Election and Adding the Territory Identified as Annexation No. 11 to CFD 2005-1 (Report by Will Tackett)
C-2 Public Hearing Regarding for Annexation No. 12 (Tract 21-S-01 Crown Tozer Subdivision) into Community Facilities District No. 2005-1 (Public Services) and Related Actions Recommendation:
1) Adopt a Resolution Authorizing the Annexation of Territory (Annexation No.12) to Community Facilities District (CFD) No. 2005-1 and Authorizing the Levy of Special Tax and Submitting the Levy of Tax to the Qualified Electors; and 2) Adopt a Resolution Calling a Special Election and Submitting to the Voters of Annexation No. 12 of the City’s CFD 2005-1 Proposition Regarding the Annual Levy of Special Taxes within Annexation No. 12 to Finance Police Protection Services, Fire Protection and Suppression Services, Park Maintenance, and Storm Drainage System Operation and Maintenance within the District; and
3) Conduct a Special Election of the Qualified Electors of Annexation No. 12 of the City’s CFD 2005-1 and Declaration and Certification of the Results Thereof; and 4) Adopt a Resolution Making Certain Findings, Certifying the Results of an Election and Adding the Territory Identified as Annexation No. 12 to CFD 2005-1 (Report by Will Tackett)
Update 9/29/2022 at 9:30 p.m. Madera City Council Agenda Page 4 of 5 October 5, 2022
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS:

E-1 Identification of Improvements for Inclusion in the Reconnecting Communities Pilot Program Grant for use on the Caltrans Downtown Madera CAPM (Capital Preventive Maintenance) and Council Direction Regarding Possible Use of Alternate Source of Funds should it be found necessary
Recommendation: Adopt a Minute Order Approving the City’s Project List for the Reconnecting Communities Pilot Program Grant Application and Provide Direction Regarding Possible Use of an Alternate Funding Source for the Same Grant should it be found to be necessary (Report by Keith Helmuth) E-2 Discussion and Direction regarding Developer Request to add a Rolled Curb Standard to the City of Madera Standard Plans and Specifications
Recommendation: This report is submitted for Discussion and Direction regarding Developer Request to Add a Rolled Curb Standard to the 2005 City of Madera Standard Plans and Specifications (Report by Keith Helmuth) E-3 Update on Citywide Cannabis Process
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez, Wendy Silva, and Che Johnson Employee Groups: General Bargaining Unit, Madera Police Officers’ Association, MidManagement Employee Group, Law Enforcement Mid Management Group G-2 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez and Che Johnson Unrepresented Employees: Police Chief, City Engineer, Director of Human Resources, Public Works Operations Director, Director of Parks & Community Services, Information Services Manager, Planning Manager, Chief Building Official, Director of Community Development, Director of Financial Services, and City Clerk
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, October 19, 2022
 Wednesday, November 2, 2022
Update 9/29/2022 at 9:30 p.m. Madera City Council Agenda Page 5 of 5 October 5, 2022
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (559) 661-5405 or by email at [email protected] .
 The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Request for additional accommodations for the disabled, signers, assistive listening devices, or translators needed to assist participation in this public meeting should be made at least seventytwo (72) hours prior to the meeting. Please call the Human Resources Office at (559) 661-5401. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service.  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for October 5, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 9:30 p.m. on September 29, 2022. _______________________
Alicia Gonzales, City Clerk
City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 1 of 8

Minutes of a Regular Meeting of the Madera City Council Wednesday, May 18, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 810 5476 9040#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1 – Zoom, attended in-person at 6:47 p.m.

Councilmember Jose Rodriguez, District 2 - Zoom
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Interim Director of Financial Services Anthony Forestiere, Fire Division Chief Matt Watson, Grants Administrator Marcela Zuniga, Human Resources Director Wendy Silva, Interim Parks Director Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, Commander Gino Chiramonte, Interim Public Works Director Dan Foss, Grants Administrator Marcela Zuniga, Deputy City Engineer Ellen Bitter, Senior Civil Engineer Steve Bettencourt, Assistant Planner Ricardo Olea, Senior Planner Robert Smith, Computer Technician Kevin Newsome, and Communication Specialist Joseph Carrello.

INVOCATION: Joyce Lane, Glory of Zion Ministry
PLEDGE OF ALLEGIANCE: Councilmember Elsa Mejia
APPROVAL OF AGENDA:

Item: B-1
Minutes for: 05/18/2022
Adopted: 10/05/2022
City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 2 of 8

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM EVANS, THE APPROVAL OF AGENDA WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

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

Mayor Garcia announced that before Public Comment is opened, a presentation addressing the Fresno River Fire will be made by Arnoldo Rodriguez City Manager, Chief Dino Lawson, and Chief Matt Watson.

Public comment was made by City residents Mark Meyers, DJ Becker, Michael Horalis, Baldwin Moy, Lisa, Mandy De La Pena, Mary Sandoval, Lydia, Diane, Daisy De La Pena, Johanna Torres, Sylvia, Jessica Melgoza, Pedro Rivera, Rosa Charboneau, and Elizabeth Yost.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Proclamation Recognizing Madera Rotary’s Centennial Anniversary Council recognized the Rotary Club of Madera for their centennial anniversary, honoring their 100-year service to the community of Madera. Mayor Garcia awarded the certificate for their commitment to provide humanitarian service, encourage high ethical standards and promote good will in their community. He proclaimed the 18th day of May as Madera Rotary Club Centennial Celebration Day. Rotary Club President, Alexis Hicks was in attendance to accept the award.

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

3. Certificate of Recognition - Thomas Jefferson Middle School 7th Grade Softball 2022 CVAL Champions
Both Thomas Jefferson Middle School 7th and 8th grade teams were not in attendance due to a previously scheduled engagement and will be recognized at a future Council meeting.

City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 3 of 8

4. Certificate of Recognition - Hilda Cantu Montoy, League of Women Voters 100 Notable Women of Fresno
Council honored City Attorney, Hilda Cantu-Montoy with a certificate of recognition for being selected as one of Fresno’s 100 most Notable Women by the League of Women Voters. The organization pays tribute to women who have made a difference in their communities.

5. Madera County Mosquito & Vector Control - Mosquitos and Public Health Concerns Trinidad Reyes, biologist with Madera County Mosquito Abatement and Vector Control, presented the County’s efforts to protect Madera and Chowchilla residents from over infestation of mosquitos.

INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

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

Item B-4 was pulled from the Consent Calendar to be discussed separately. Councilmember Montes requested the community to be included in the cleanup efforts if and when possible. City Manager stated that staff will make an effort to include community members and to notify them of any actions taken regarding litter abatement in the Fresno River.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, THE CONSENT CALENDAR, WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

THE MOTION PASSED FOR ALL ITEMS EXCEPT B-4 WITH THE FOLLOWING VOTE:

YES: 7 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – December 1, 2021
Recommendation: Approve the City Council Minutes of 12/01/21 B-2 Informational Report on Register of Audited Demands for April 23, 2022 to May 6, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Informational Report on Personnel Activity
Recommendation: No Action Required (Report by Wendy Silva) B-4 Service provider agreement with O&E Transportation LLC, for litter abatement project in the Fresno River
City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 4 of 8
Recommendation: Adopt a Resolution Approving a Service Provider Agreement with O&E Transportation LLC, for a Litter Abatement Project Addressing the Fresno River within the City limits (Report by Daniel Foss)
RES 22-67 A RESOLUTION OF THE CITY COUNCIL OF MADERA, CALIFORNIA

APPROVING A SERVICE PROVIDER AGREEMENT WITH O&E

TRANSPORTATION LLC SERVICE PROVIDER AGREEMENT WITH O&E

TRANSPORTATION LLC, FOR LITTER ABATEMENT PROJECT IN THE FRESNO RIVER

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE CONSENT CALENDAR, WAS APPROVED BY A 7/0 VOTE. ITEM B-4 WAS PULLED FOR DISCUSSION. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-5 Amendment No. 1 to Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers, Inc. for design services for shoulder paving and sidewalks Recommendation: Adopt a Resolution Approving Amendments No. 1 to the Consultant Services Agreement with Blair, Church, and Flynn Consulting Engineers, Inc. (BCF) for Design Services for Shoulder Paving and Sidewalks (Report by Keith Helmuth)
RES 22-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 1 TO THE CONSULTANT

SERVICES AGREEMENT WITH BLAIR, CHURCH, AND FLYNN CONSULTING ENGINEERS, INC. (BCF) FOR DESIGN ENGINEERING FOR SHOULDER PAVING

AND SIDEWALKS
B-6 Agreement with Planet Bids, Inc. for Electronic Procurement Software Recommendation: Adopt a Resolution Approving an Annual Software Services Agreement between the City and Planet Bids, Inc. for Electronic Procurement Software (Kingsley Okereke)
RES 22-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING AN ANNUAL SUPPORT SERVICE AGREEMENT

BETWEEN THE CITY OF MADERA AND PLANETBIDS FOR COST
EPROCUREMENT SOFTWARE IN THE AMOUNT OF $5,875.00 FOR THE FIRST YEAR, $6,021.88 FOR THE SECOND YEAR, $6,172.42 FOR THE THIRD YEAR, $6,326.73 FOR THE FOURTH YEAR, AND $6,484.90 FOR THE FIFTH YEAR,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT B-7 Amendment No. 2 to the City of Madera Transit System Procurement Guidelines City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 5 of 8
Recommendation: Adopt a Resolution Approving Amendment No. 2 to the City of Madera Transit System Procurement Guidelines, an Administrative Supplement to the City of Madera’s Purchasing Policies and Procedures relating to the Leasing of FTA-assisted Assets to others for Transit Service (Report by Kingsley Okereke)
RES 22-70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING AMENDMENT NO. 2 TO THE CITY OF MADERA TRANSIT SYSTEM

PROCUREMENT GUIDELINES, AN ADMINISTRATIVE SUPPLEMENT TO THE

CITY OF MADERA'S PURCHASING POLICIES AND PROCEDURES RELATING

TO THE LEASING OF FTA ASSISTED ASSETS TO OTHERS FOR TRANSIT

SERVICE
B-8 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) Recommendation: Council to decide to adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez) RES 22-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

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

THIRTY DAYS
B-9 Letter authorizing City Manager to act on behalf of the City of Madera in relation to signing the Official Claim Form for Excess Proceeds with the County of Madera Recommendation: Approve a Minute Order Approving the letter Authorizing City Manager to act on behalf of the City in relation to signing the Official Claim Form for Excess Proceeds with the County of Madera (Report by Kingsley Okereke) B-10 Agreement with CDM-Smith for Professional Engineering Services for the completion of design of Water Well 37, Project W-GW-001
Recommendation: Adopt a Resolution Approving an Agreement with CDM-Smith for $50,312.00 for professional engineering services for the design of Water Well No. 37 Improvements, City Project No. W-GW-001 (Report by Keith Helmuth)
RES 22-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AN AGREEMENT WITH COM-SMITH IN THE AMOUNT OF $50,312.00 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF WATER WELL NO. 37, CITY PROJECT NO. W-GW-001 C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS: None E. ADMINISTRATIVE REPORTS:

E-1 Fiscal Year Budget 2022/2023 Presentation and Workshop City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 6 of 8
Recommendation: Presentation for Fiscal Year Budget 2021/2022, Council Review, Discuss and Provide Direction to Staff (Report by Kingsley Okereke) Staff provided Council with an update on projected revenues for Fiscal Year Budget 2021-2022.

This Item was informational only and required no specific action by Council.

E-2 Direction on future training opportunities for City Council and Community Engagement Recommendation: Presentation, Council review, discuss and provide direction to staff (Report by Arnoldo Rodriguez)
Staff sought direction on trainings previously requested by Councilmembers. Hilda Cantu-Montoy City Attorney offered the following trainings for Council to consider: City Council Legal Powers & Obligations, Open Government and Conflicts of Interest, Governance and Success, Procedure for City Council Meetings, Land Use 101, CEQA Refresher, Public Hearings, and Relationship between Council, Manager and Staff.

Staff sought direction from Council on beginning a process to explore opportunities for civic engagement. The goal is to involve community members and offer a “Citizens Academy” in which residents can learn about the different aspects of local government. Suggestions for the informational sessions were City Governance for the Public, Citizens’ Role in Meetings/Hearings, Public Engagement, Written Rules and Procedures for City Council Meetings and Events Policies and Protocols.

On the first item, Council would like to cover any and all trainings listed as time permits.

On the second item, Council expressed their approval in offering a Citizen’s Academy for any residents who are interested in accessing the different governmental resources available to them.

E-3 Appointment of a 3rd Councilmember to Ad-Hoc Committee to participate in negotiations on a tax sharing agreement between the City and the County Recommendation: Appoint a third Councilmember to serve on the Ad-Hoc Committee (Report by Arnoldo Rodriguez)
At the May 4, 2022 Council meeting, two Councilmembers were elected to serve on an Ad-Hoc Committee to negotiate tax sharing agreement with the County, with the possibility of adding an additional member pending agreement from the County. After the meeting, staff approached the County on the subject, and the County confirmed that it is agreeable with the additional appointment to the Committee.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER

MONTES, COUNCILMEMBER RODRIGUEZ IS APPOINTED AS THE THIRD COMMITTEE MEMBER, WAS APPROVED BY A 6/1 VOTE. NOES: MAYOR PRO TEM EVANS. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 7 of 8
NO: 1 - MAYOR PRO TEM EVANS
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

Councilwoman Gallegos expressed her gratitude to Staff, police officers and firefighters who were present at the Riverview fire. Miracle Realty has set up a GoFundMe for both families affected by this fire.

Councilmember Montes voiced his sympathies to the families who lost their homes to the Riverview fire, and commended Fire and PD for their efforts. He also highlighted AB-1482 regarding rent protection and asked to involve all interested parties in the discussion in future meetings. He mentioned concerns on behalf of the Soccer Leagues of Madera which he would like to bring on the record at a future meeting.

Councilmember Rodriguez reviewed his meeting with Madera County Transportation Commission Steering Committee and their efforts to pass Measure T, which will provide funding that allows for road repairs. He also mentioned the “Walk the Trails” event at Town & Country Park and expressed his appreciation to Joseph Hebert and the PCS team for pursuing the funding and for executing this project. He expressed his sympathies to the families who were tragically affected by the Riverview Fires and thanked fire fighters and police officer who were there protecting the community. Lastly, Councilmember Rodriguez confirmed that the City and its partners have secured enough funding to finance a fireworks show for the public to enjoy for the 4th of July celebration.

Mayor Pro Tem Evans acknowledged Joseph Hebert and the Parks Staff for coordinating the reopening of the Frank Bergon Senior Center. She also highlighted the Madera County Law Enforcement Memorial Ceremony held on May 17th honoring local Madera County peace officers who gave their lives protecting our community. She also thanked Staff and first responders for their help covering the Riverview fire.

Councilwoman Mejia had nothing to report.

Councilmember Villegas conveyed his sympathies to the families who lost their homes and thanked the fire department and surrounding area responders for their responsiveness in the Riverview fire.

Mayor Garcia recognized citizens in attendance for voicing their frustrations and concerns and thanked the City Manager for securing an emergency verbal approval from the California Department of Fish and Wildlife to clean up the Fresno River.

G. CLOSED SESSION:

G-1 Liability Claim Pursuant to Section §54956.95
Agency Claimed Against: City of Madera
Claimant: David Davis
City Attorney Hilda Cantu Montoy made the closed session announcement at 8:28 p.m.

Council returned from Closed Session at 8:49 p.m. with all members of the Council present.

City Attorney announced City Council rejected the claim with a 7/0 vote.

City of Madera City Council Minutes
205 W. 4th Street May 18, 2022
Madera, CA 93637 Page 8 of 8
ADJOURNMENT: Meeting was adjourned at 8:50 p.m.

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

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 1 of 8

Minutes of a Regular Meeting of the Madera City Council

Wednesday, June 1, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 856 7169 2434#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Interim Director of Financial Kingsley Okereke, Fire Division Chief Matt Watson, IS Manager Mark Souders, Interim Parks Director Joseph Hebert, Planning Manager Gary Conte, Police Chief Dino Lawson, Commander Gino Chiramonte, Interim Public Works Director Dan Foss, Deputy City Engineer Ellen Bitter, Assistant Engineer Alexis Raymundo, Administrative Analyst II Eric Battles, and Communication Specialist Joseph Carrello.

INVOCATION: Pastor Fred Thurman, New Life Assembly
PLEDGE OF ALLEGIANCE: Councilmember Jose Rodriguez
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, THE APPROVAL OF AGENDA WAS APPROVED BY A 7/0 VOTE, MOVING ITEM E-1 TO BE HEARD AFTER THE CONSENT CALENDAR, AND ITEM G-2 WAS REMOVED FROM THE AGENDA TO A FUTURE COUNCIL MEETING. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

Item: B-1
Minutes for: 06/01/2022
Adopted: 10/05/2022 I
VALLEY CENTRll
City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 2 of 8
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

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

Resident at 2828 Monocott Avenue requested traffic study.

Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS: None
INTRODUCTIONS:

City Manager Arnoldo Rodriguez introduced Kingsley Okereke, Interim Finance Director.

A. WORKSHOP: None
B. CONSENT CALENDAR:

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

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, THE CONSENT CALENDAR, WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 3 of 8
B-1 Minutes – 12/15/21
Recommendation: Approve the City Council Minutes of December 15, 2021 B-2 Informational Report on Register of Audited Demands for May 7, 2022 to May 20, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Section 125 Flexible Benefits Plan Amendment
Recommendation: Adopt a Resolution
1) Approving an Amendment to the City of Madera Flexible Benefits Plan; and 2) Authorizing the City Manager to sign the Amendment and any related documents (Report by Wendy Silva)
RES 22-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

THE AMENDMENT TO THE CITY OF MADERA FLEXIBLE BENEFITS PLAN AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT AND ANY

RELATED DOCUMENTS
B-4 Sale of Two Police Canines
Recommendation: Approve a Minute Order Authorizing the Sale of Two Police Canines for $1.00 each (Report by Dino Lawson)
B-5 Three Easement Deeds for Sidewalk Improvements on Maple, Santa Cruz, and Monterey Streets City Project R-84
Recommendation: Adopt a Resolution Approving Three Purchase and Sale of Real Property Agreements and Authorizing the City Clerk to prepare the Certificate of Acceptance and Record Three Easement Deeds (APN No. 012-096-006, 012-095-004, and 012-096-016) (Report by Keith Helmuth) RES 22-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING THREE AGREEMENTS FOR PURCHASE AND SALE OF REAL PROPERTY (APN NO. 012-096-006, 012-095-004, 012-096-016) WITH THE

PROPERTY OWNERS AND AUTHORIZING THE CITY CLERK TO EXECUTE THE

CERTIFICATE OF ACCEPTANCE AND RECORD THE EASEMENT DEEDS FOR THE

SIDEWALK IMPROVEMENTS ON MAPLE STREET, SANTA CRUZ STREET AND MONTEREY STREET, CITY PROJECT NO. R-84
B-6 Consultant Services Agreement with Madera Unified School District Recommendation: Adopt a Minute Order Approving the Consultant Services Agreement with the Madera Unified School District (MUSD) for the Foster and Homeless/Families in Transition Enrichment Services Program not to exceed $40,000 (Report by Joseph Hebert)
B-7 Clean California Local Grant Program – Fresno River & Vernon McCullough River Trail Project Recommendation: Adopt a Resolution Approving a Restricted Grant Agreement with the California Department of Transportation for the Clean California Local Grant Program and Authorizing the City Manager to Execute the City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 4 of 8
Agreement for the Fresno River & Vernon McCullough River Trail Project (Report by Joseph Hebert)
RES 22-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR FRESNO RIVER &

VERNON MCCULLOUGH RIVER TRAIL PROJECT
Item E-1 was presented. Staff provided Council and the Public with an update on the Fresno River cleanup.

Public Comment was made by DJ Becker, Jesus De La Gomez, and Michael Varlas.

Comments were made by Mayor Pro Tem Evans, Councilmember Rodriguez, Councilmember Montes, and Mayor Garcia.

C. PUBLIC HEARINGS:

C-1 Public Hearing to consider the proposed Annual Assessment for Zones of Benefit of the CityWide Landscaping and Lighting Maintenance Assessment District and to Consider Increasing the Annual Assessment for Certain Zones of Benefit of the City-Wide Landscaping and Lighting Maintenance Assessment District as Required by the Landscaping and Lighting Act and Proposition 218
Recommendation: Staff recommends that the City Council take the following actions:
1) Conduct the public hearing and receive any public comments. 2) Direct the City Clerk to tabulate protests for Zones of Benefit for annual assessments and to tabulate ballots for proposed increase of annual assessments. 3) Adopt Resolution No. 22- __:
a. Declaring the results of the Proposition 218 proceedings to increase assessments for certain Zones of Benefit 3, 7, 8, 9, 10A, 10D, 10G, 10H, 10I, 13, 14, 15B, 15C, 16, 17A, 17C, 17D, 20B, 21A, 23, 25C, 26, 26B, 26C, 26D, 27B, 28B, 31A, AND 36B. b. Confirming the diagram and assessments as set forth in said Engineer’s Report for the Landscape and Lighting District of the City of Madera, as the same may be modified for Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26- D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45- A, 46, 50, and 51 of the City Wide Landscape and Lighting Assessment District. c. Levying the assessments as set forth in said report of the Engineer for Fiscal Year 2022/2023 [NOTE: if a majority protest exists for any Zone of Benefit, any such Zone of Benefit shall not include the imposition of an extended or increased assessment and will be deleted from the Proposed Resolution at the hearing]. d. Authorizing and directing the City Engineer to file the diagram and assessments with the Madera County Auditor’s Office and to make any clerical corrections (Report by Keith Helmuth)
City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 5 of 8
Presentation by Nicole Say, Administrative Analyst.

Public Comment was made by community members David a resident in Zone 31A and Iris Esteves a resident in Zone 16, both in opposition of Proposition 218.

Comments were also made by Staff, Councilmember Rodriguez, and Councilmember Montes.

The Public Hearing was closed.

A recess was called at 7:28 p.m. while the City Clerk and staff tabulated the ballots in the lobby of City Hall.

The meeting reconvened at 7:35 p.m. Council agreed to continue with the meeting and consider other agenda items while the ballots were being tabulated.

An amendment was made to section III of the resolution based on the Proposition 218 ballots.

Because none of the Zones of Benefits received a majority vote in favor, no assessment increases were imposed.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-1, WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN:

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
RES 22-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA, DECLARING THE RESULTS OF THE PROPOSITION 218 PROCEEDINGS TO INCREASE ASSESSMENTS FOR ZONES OF BENEFIT 3, 7, 8, 9, 10A, 10D, 10G, 10H, 10I, 13, 14, 15B, 15C, 16, 17A, 17C, 17D, 20B, 21A, 23, 25C, 26, 26B, 26C, 26D, 27B, 28B, 31A, AND 36B; CONFIRMING THE DIAGRAM AND ASSESSMENTS; ORDERING THE LEVY AND COLLECTION FOR ZONES OF BENEFIT 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-1, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17- B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C, 26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50, AND 51 OF THE CITY WIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/2023; AND

AUTHORIZING THE CITY ENGINEER TO FILE THE DIAGRAM AND ASSESSMENT

WITH THE MADERA COUNTY AUDITOR
C-2 First Reading of an Ordinance Relating to the Police Department’s Use of Military Equipment Per Assembly Bill 481 (AB 481)
Recommendation: Waive the full reading and introduce the Ordinance Adding Chapter 16 to Title III of the Madera Municipal Code (MMC) (Report by Dino Lawson) City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 6 of 8
Presentation by Chief Lawson and Commander Chiramonte.

Comments were made by Councilmember Rodriguez, Councilmember Montes, Councilmember Gallegos, and Mayor Pro Tem Evans

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-2, WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA ADDING CHAPTER 16 TO TITLE III OF THE MADERA CITY CODE RELATING TO

ADOPTION OF A MILITARY EQUIPMENT USE POLICY
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Approval of a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2022, to June 30, 2023, for Fire Service Operations Recommendation: Adopt a Resolution Approving a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for fire service operation from July 1, 2022, to June 30, 2023 (Report by Matthew Watson)
Presentation by Chief Watson.

Comments were made by Councilmember Gallegos, Councilmember Rodriguez, Mayor Pro Tem Evans, and Councilmember Montes.

ON MOTION BY MAYOR GARCIA AND SECONDED BY MAYOR PRO TEM EVANS, ITEM D-1, WAS APPROVED BY A 5/2 VOTE. NOES: COUNCILMEMBER GALLEGOS AND MEJIA. ABSENT: NONE.

ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
NO: 2 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER MEJIA
City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 7 of 8
E. ADMINISTRATIVE REPORTS:

E-1 Fresno River Cleanup Update
Recommendation: Informational Report (Report by Arnoldo Rodriguez) This item was presented after the Consent Calendar.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

Councilwoman Gallegos thanked the City Manager, Station 58, and Chief Watson for welcoming the 9/11 beam during the Memorial Day celebration. She also expressed her appreciation for Madera Irrigation District for their partnership with the City in the Fresno River clean up and advised those who are working in rising temperatures to stay hydrated.

Councilmember Montes voiced appreciation for the Memorial Day 9/11 beam event. He and Councilmember Gallegos also participated in the Red Cross Sound the Alarm event, which provided for the installation of 172 smoke alarms in 89 Madera households. Additionally, he requested Staff review the actions the City may take to protect citizens from rent hikes related to Assembly Bill 1482, which was raised during the Public Comment portion from the prior Council meeting.

Councilmember Rodriguez had nothing to report.

Mayor Pro Tem Evans mentioned the VFW and Memorial Day celebrations were outstanding. She will be attending graduation at James Monroe Elementary, where she will deliver a speech and present graduates with gift bags provided by the City. She also highlighted Juneteenth, which will fall on Friday, June 17th this year due to Father’s Day falling on the 19th. A banner, donated by Andy’s Sports & Designs, will be displayed from the Courthouse to the old City Hall for this occasion. The City will be holding an event at Courthouse Park to commemorate this holiday and all are invited to attend.

Councilwoman Mejia had nothing to report.

Councilmember Villegas thanked the Fire Department and all other agencies who are participating in the river cleanup.

Mayor Garcia highlighted a professional dance group, “Mexico en el Corazon,” who donated their time to perform at the Memorial Day event. He also praised Madera County for their work involved in bringing a historical beam from the Twin Towers to Madera. Finally, he reminded the public that June 7th marks County Election Day and encouraged the public to exercise their right to vote.

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Existing Litigation Pursuant to Government Code §54956.9(d)(1): 1 case:
1) Oscar Garcia WCAB No. ADJ13541904
G-2 Liability Claim Pursuant to Section §54956.95 - Agency Claimed Against: City of Madera City of Madera City Council Minutes
205 W. 4th Street June 1, 2022
Madera, CA 93637 Page 8 of 8
Claimants:
1) Randy Williams
2) Thomas Burns
3) Madera Police Officers’ Association
G-3 Conference with Real Property Negotiators pursuant to Government Code Section §54956.8 Property: Parcel #045-121-006 and Parcel #045-121-007
Agency Negotiators: Arnoldo Rodriguez, Daniel Foss, and Keith Helmuth Negotiating Parties: Sordi and Sons Inc.

Under Negotiation: Price and Terms
City Attorney Hilda Cantu Montoy made the closed session announcement at 8:34 p.m.

Item G-2 was removed from the agenda and moved to future meeting date.

Council returned from Closed Session with all members of the Council present.

City Attorney announced there was no reportable action.

ADJOURNMENT: Meeting was adjourned at 9:45 p.m.

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

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor

REPORT TO CITY COUNCIL
Approved by: Council Meeting of:  October 5, 2022
_________________________________ Agenda Number: B‐2
Department Director
_________________________________
City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for September 10, 2022 to September 23, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of September 10, 2022 to September 23, 2022 is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 34070 – 34189 $1,705,558.73
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $608,159.25
SDI   EDD $2,565.69
CalPERS Payment CalPERS $121,390.02
DISCUSSION:

Warrant requests are processed weekly based on the adopted Fiscal Year 2021/2022 and 2022/2023 budgets and released for payment every Monday.  Each demand has been audited and the Finance Director hereby certifies asto their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departmentsfrom which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the approved 2021/2022 and 2022/2023 budgets.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

These expenditures were spent considering Strategy 115: Economic Resource Provision: Ensure sufficient economic resources to provide adequate City services and prepare for future growth.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34070 09/12/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 2,460.00 $ 34071 09/12/2022 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 276.16 $34071 09/12/2022 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 3,224.32 $34071 09/12/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 5,626.09 $ 34071 09/12/2022 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 2,444.56 $34071 09/12/2022 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 217.25 $ 34071 09/12/2022 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 513.12 $ 34071 09/12/2022 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 672.81 $34071 09/12/2022 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 672.82 $ 34071 09/12/2022 PW ADMIN UB ‐ GARBAGE SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 217.26 $34071 09/12/2022 PW ADMIN UB ‐ SEWER SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 217.26 $ 34071 09/12/2022 PW ADMIN UB ‐ WATER SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 434.49 $ 34071 09/12/2022 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 206.73 $34071 09/12/2022 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 805.05 $34071 09/12/2022 PW ADMIN TRANSIT CENTER SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 1,627.13 $ 34071 09/12/2022 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN 09/22 JANITORIAL SERVICES 4,265.58 $34072 09/12/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 35.48 $ 34073 09/12/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 996.43 34074 09/12/2022 PW ADMIN WWTP GALLEGOS, PETER PER DIEM ‐ WASTEWATER REVIEW GRADE IV & V 99.00 $ 34075 09/12/2022 IS COMPUTER MAINT NORTHWIND VENTURES, INC. MOBILE DEVICE MANAGER RENEWAL 3,096.00 $ 34076 09/12/2022 FINANCE AIRPORT OPS PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 74.04 $34076 09/12/2022 FINANCE CENTRAL ADMIN PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 112.00 $ 34076 09/12/2022 FINANCE COMM & REC PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 664.00 $ 34076 09/12/2022 FINANCE COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 92.86 $ 34076 09/12/2022 FINANCE ENGINEERING PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 78.00 $ 34076 09/12/2022 FINANCE FACILITIES MAINT PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 672.58 $ 34076 09/12/2022 FINANCE FLEET MAINT PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 600.23 $ 34076 09/12/2022 FINANCE PARKS PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 518.32 $ 34076 09/12/2022 FINANCE STREETS PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 907.12 $ 34076 09/12/2022 FINANCE SEWER OPS PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 249.15 $ 34076 09/12/2022 FINANCE UB ‐ WATER PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 36.00 $ 34076 09/12/2022 FINANCE WATER OPS PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 471.15 $ 34076 09/12/2022 FINANCE WATER QUALITY PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 173.44 $ 34076 09/12/2022 FINANCE WWTP PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 1,135.97 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT October 5, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34076 09/12/2022 FINANCE PD OPS PRUDENTIAL OVERALL SUPPLY 08/22 UNIFORM SERVICES 114.00 $ 34077 09/12/2022 IS COMPUTER MAINT PDQ INTERMEDIATE INC PDQ NETWORK TOOLS RENEWAL 2,500.00 $ 34078 09/12/2022 FINANCE FINANCE ADRIAN PACHECO BANK FEE REFUND 15.00 $ 34079 09/12/2022 FINANCE FINANCE CHRISTOPHER RODRIGUEZ BANK FEE REFUND 50.00 $ 34080 09/12/2022 FINANCE FINANCE ARMANDO VILLAGOMEZ ESPINOZA BANK FEE REFUND 12.00 $ 34081 09/12/2022 FINANCE FINANCE FRANKLIN MCBEE BANK FEE REFUND 10.00 $ 34082 09/12/2022 FINANCE FINANCE STEVE BETTENCOURT BANK FEE REFUND 12.00 $ 34083 09/12/2022 BUILDING BUILDING JESUS VAZQUEZ PER DIEM ‐ CALBO EDUCATION WEEK 167.55 $ 34084 09/12/2022 BUILDING BUILDING EXTENDED STAY AMERICA SUITES HOTEL STAY ‐ CALBO EDUCATION WEEK 360.40 $34085 09/12/2022 FINANCE AIRPORT OPS AT&T 08/22 CALNET 3 SVS 9391026409 26.77 $ 34085 09/12/2022 FINANCE CENTRAL ADMIN AT&T 08/22 CALNET 3 SVS 9391026406 24.66 $34085 09/12/2022 FINANCE FINANCE AT&T 08/22 CALNET 3 SVS 9391026406 24.67 $ 34085 09/12/2022 FINANCE HR/RISK MGT AT&T 08/22 CALNET 3 SVS 9391026400 26.34 $ 34085 09/12/2022 FINANCE PARKS AT&T 08/22 CALNET 3 SVS 9391026412 170.98 $ 34085 09/12/2022 FINANCE PARKS ADMINISTRATIONAT&T 08/22 CALNET 3 SVS 9391031580 272.78 $ 34085 09/12/2022 FINANCE SEWER OPS AT&T 08/22 CALNET 3 SVS 9391026410 51.00 $ 34085 09/12/2022 FINANCE SR CITIZEN COMM AT&T 08/22 CALNET 3 SVS 9391026415 67.39 $34085 09/12/2022 FINANCE WWTP AT&T 08/22 CALNET 3 SVS 9391026417 37.75 $34085 09/12/2022 FINANCE WWTP AT&T 08/22 CALNET 3 SVS 9391026405 27.47 $34085 09/12/2022 FINANCE PD OPS AT&T 08/22 CALNET 3 SVS 9391026414 369.40 $34086 09/12/2022 GRANTS CDBG PUBLIC SVC BIG BROTHERS BIG SISTERS CDBG 21/22 ‐ JUNE 22 INVOICE 1,807.23 $ 34087 09/12/2022 FACILITIES UB ‐ WATER CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ CITY HALL FINANCE 145.00 $ 34087 09/12/2022 FACILITIES PD OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE ‐ PD 645.00 $34088 09/12/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE PREMIUMS 777.80 $ 34089 09/12/2022 GRANTS CDBG PUBLIC SVC COMMUNITY ACTION PRTNRSHP OF MADERA CDBG 21/22 01/22‐06/22 9,908.15 $ 34090 09/12/2022 UB ‐ WATER UB ‐ GARBAGE DATAPROSE, LLC 07/22 NEWSLETTER 295.79 $ 34090 09/12/2022 UB ‐ WATER UB ‐ GARBAGE DATAPROSE, LLC 08/22 BILLING 2,385.79 $34090 09/12/2022 UB ‐ WATER UB ‐ GARBAGE DATAPROSE, LLC 09/22 NEWSLETTER 295.79 $34090 09/12/2022 UB ‐ WATER UB ‐ SEWER DATAPROSE, LLC 07/22 NEWSLETTER 295.79 $34090 09/12/2022 UB ‐ WATER UB ‐ SEWER DATAPROSE, LLC 08/22 BILLING 2,385.80 $34090 09/12/2022 UB ‐ WATER UB ‐ SEWER DATAPROSE, LLC 09/22 NEWSLETTER 295.79 $34090 09/12/2022 UB ‐ WATER UB ‐ WATER DATAPROSE, LLC 07/22 NEWSLETTER 591.59 $34090 09/12/2022 UB ‐ WATER UB ‐ WATER DATAPROSE, LLC 08/22 BILLING 4,771.60 $34090 09/12/2022 UB ‐ WATER UB ‐ WATER DATAPROSE, LLC 09/22 NEWSLETTER 591.59 $ 34091 09/12/2022 IS COMPUTER MAINT DELL COMPUTER CORPORATION SERVER REPLACEMENT 13,184.16 $ 34092 09/12/2022 ENGINEERING ENGINEERING FEDERAL EXPRESS EXPRESS SHIPPING 55.42 $ 34093 09/12/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 08/16/22 ‐ 08/31/22 17,440.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34094 09/12/2022 FACILITIES FACILITIES MAINT JAM SERVICES INC TRAFFIC SIGNAL PARTS 2,197.48 $ 34095 09/12/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE ‐ 9920718 200.00 $34096 09/12/2022 FINANCE PD OPS MADERA COUNTY TREASURER 07/22 COUNTY'S PORTION OF PARKING PENALTIES PAID 801.00 $34097 09/12/2022 GRANTS CDBG PUBLIC SVC MADERA RESCUE MISSION, INC. CDBG 21‐22 05/22‐06/22 2022 2,379.77 $ 34098 09/12/2022 CITY ADMIN COMMUNITY PROMO MADERA TRIBUNE PRIDE 2022 1,200.00 $ 34099 09/12/2022 ENGINEERING CDBG PUB IMPR SALEM ENGINEERING GROUP SIDEWALK IMPROVEMENT ‐ LILLY & VINEYARD 1,770.00 $ 34100 09/12/2022 FINANCE PD OPS PHOENIX GROUP INFO SYS 07/22 CITATIONS 311.18 $34101 09/12/2022 ENGINEERING ENGINEERING RICOH USA, INC. PRINTER MAINTENANCE 6.59 $ 34102 09/12/2022 ENGINEERING CDBG PUB IMPR SEAL RITE PAVING CONSTRUCTION SERVICES ‐ SIDEWALK IMPR 1,797.69 $34102 09/12/2022 ENGINEERING MEASURE T ‐LTP ADA SEAL RITE PAVING CONSTRUCTION SERVICES ‐ SIDEWALK IMPR 11,431.39 $ 34103 09/12/2022 ENGINEERING WWTP SPARKLETTS DRINKING WATER ‐ ENG 160.92 $ 34103 09/12/2022 WWTP WWTP SPARKLETTS LAB & DRINKING WATER 211.47 $ 34104 09/12/2022 IS COMPUTER MAINT SOUTHERN COMPUTER WAREHOUSE REPLACEMENT LAPTOPS 18,710.46 $ 34104 09/12/2022 IS COMPUTER MAINT SOUTHERN COMPUTER WAREHOUSE VIDEO MONITORS 5,129.10 $ 34105 09/12/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS 200.00 $ 34106 09/12/2022 PW ADMIN AIRPORT OPS TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 35.00 $ 34106 09/12/2022 PW ADMIN CENTRAL ADMIN TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 45.00 $ 34106 09/12/2022 PW ADMIN COMM & REC TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 435.00 $ 34106 09/12/2022 PW ADMIN ENGINEERING TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 60.00 $ 34106 09/12/2022 PW ADMIN FIRE TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 105.00 $ 34106 09/12/2022 PW ADMIN INTERMODAL BLDG TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 75.00 $ 34106 09/12/2022 PW ADMIN SEWER OPS TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 25.00 $ 34106 09/12/2022 PW ADMIN SOLID WASTE TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 25.00 $ 34106 09/12/2022 PW ADMIN WATER OPS TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 25.00 $ 34106 09/12/2022 PW ADMIN WWTP TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 45.00 $ 34106 09/12/2022 PW ADMIN PD OPS TECH. MASTER PEST MANAGEMENT 09/22 PEST CONTROL SERVICES 40.00 $ 34107 09/12/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTS‐457 EE DEFERRED COMP CONTRIBUTIONS 26,363.91 $ 34108 09/12/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 2,224.00 $ 34109 09/12/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 2,328.00 $ 34110 09/12/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9923768 86.08 $ 34111 09/12/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REUND 9904518 115.11 $ 34112 09/12/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 10000180 25.98 $34113 09/12/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9925347 101.11 $34114 09/12/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9898285 256.93 $34115 09/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $ 34116 09/12/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS PARK DEPOSIT REFUND ‐ LTC PAVILION 50.00 $34117 09/12/2022 UB ‐ WATER WATER FUND OTP‐ UB REFUNDS UB TERM REFUND 316 SOLANO 255.89 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34118 09/16/2022 BUILDING BUILDING COOK, DANIEL PER DIEM ‐ CALBO EDUCATION WEEK 195.55 $ 34119 09/16/2022 BUILDING BUILDING LIPPINCOTT, JOHN PER DIEM ‐ CALBO EDUCATION TRAINING 195.55 $ 34120 09/16/2022 BUILDING BUILDING SAN RAMON MARRIOTT HOTEL STAY ‐ CALBO EDUCATION 388.96 $ 34121 09/16/2022 BUILDING BUILDING SAN RAMON MARRIOTT HOTEL STATY ‐ CALBO EDUCATION 388.96 $ 34122 09/20/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 3,480.00 $ 34123 09/20/2022 FINANCE PAYROLL TRUST MID‐MGMT EMPLOYEE GROUP 04/22 MONTHLY DUES 520.00 $ 34124 09/20/2022 PD OPS SUPP LAW ENF ZAK'S ENTERPRISES LLC SECURITY SERVICE ‐ 8.24.22 203.50 $ 34125 09/20/2022 PD OPS SUPP LAW ENF LEATHAM FAMILY, LLC BADGE ORDER 903.00 $ 34126 09/20/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 700.00 $ 34127 09/20/2022 CITY ADMIN CITY ATTORNEY MONTOY LAW CORPORATION CITY ATTORNEY CONTRACTED LEGAL SERVICES 26,481.50 $34128 09/20/2022 GRANTS TRANS ‐ FIXED MV TRANSPORTATION, INC. 08/22 TRANSIT OPERATOR 84,307.60 $ 34128 09/20/2022 GRANTS TRANS ‐ DAR MV TRANSPORTATION, INC. 08/22 TRANSIT OPERATOR 42,628.05 $ 34129 09/20/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 711.00 $ 34130 09/20/2022 CITY ADMIN FINANCE MV CHENG & ASSOCIATES, INC. CONSULTING SVS INTERIM FINANCE DIRECTOR 28,400.00 $34131 09/20/2022 CITY CLERK FINANCE GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL ‐ STATE CONTROLLER'S OFFICE 8.79 $ 34132 09/20/2022 PD OPS PD OPS CV FORENSIC NURSING SPECIALISTS VICTIM EXAM ‐ 22M‐06209 1,000.00 $ 34133 09/20/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 03/2022 490.00 $ 34133 09/20/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 04/2022 490.00 $34133 09/20/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 05/2022 980.00 $34133 09/20/2022 PW ADMIN AIRPORT OPS AVIATION MANAGEMENT CONSULTING GROUP CAT‐11 AIRPORT MGMT SUPPORT FEE 06/22 490.00 $34134 09/20/2022 FINANCE DRAINAGE NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 187.50 $ 34134 09/20/2022 FINANCE SOLID WASTE NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 187.50 $ 34134 09/20/2022 FINANCE UB ‐ SEWER NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 187.50 $ 34134 09/20/2022 FINANCE UB ‐ WATER NBS GOVERNMENT FINANCE GROUP RATE STUDY/ANALYSIS 187.50 $ 34135 09/20/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 93.90 $ 34135 09/20/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 679.04 $ 34135 09/20/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 403.47 $ 34135 09/20/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 190.05 $ 34135 09/20/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 698.86 $ 34135 09/20/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 276.12 $ 34135 09/20/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 546.89 $ 34135 09/20/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 253.59 $ 34135 09/20/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 273.65 $ 34135 09/20/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 664.52 $ 34135 09/20/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 3,159.49 $ 34135 09/20/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 3,391.15 $ 34135 09/20/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 1,165.42 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34135 09/20/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 2,721.05 $ 34135 09/20/2022 FINANCE TRANS ‐ FIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 3,433.48 $ 34135 09/20/2022 FINANCE TRANS ‐ DAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 3,123.96 $ 34135 09/20/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 2,852.54 $ 34135 09/20/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 374.11 $ 34135 09/20/2022 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 141.33 $ 34135 09/20/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES ‐ 08/16/22‐08/31/22 8,253.50 $ 34135 09/20/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF ‐ BULK DIESEL 3,583.19 $ 34135 09/20/2022 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF ‐ 08/01/22‐08/15/22 486.34 $ 34135 09/20/2022 PD OPS SUPP LAW ENF VAN DE POL ENTERPRISES, INC. FUEL PD ‐ PROPANE 4.54 $ 34136 09/20/2022 HR CITY CLERK SIJ HOLDINGS LLC RECRUITMENT ADS 670.32 $34136 09/20/2022 HR HR/RISK MGT SIJ HOLDINGS LLC RECRUITMENT ADS 1,697.40 $34137 09/20/2022 HR HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SVS ‐ HEALTH & WELFARE BENEFITS 7,500.00 $34138 09/20/2022 PD OPS PD OPS LAW DOG K9 K9 VENDOR TRAINING 600.00 $ 34139 09/20/2022 GRANTS CDBG PUBLIC SVC OLIVE CHARITABLE ORGANIZATION CDBG 21‐22 JUNE 2022 3,795.34 $ 34139 09/20/2022 GRANTS CDBG PUBLIC SVC OLIVE CHARITABLE ORGANIZATION CDBG 21‐22 MAY 2022 3,208.80 $ 34140 09/20/2022 ENGINEERING SEWER CAPITAL MKN & ASSOCIATES PROFESSIONAL ENGINEERING SERVICES 5,479.86 $34141 09/20/2022 PD OPS CODE ENF SMITH, JEREMY PER DIEM ‐ ADVANCE 2022 CNOA CONFERENCE 277.50 $ 34142 09/20/2022 PD OPS PARKS O&E TRANSPORTATION LLC RIVER CLEAN UP 6,875.00 $ 34143 09/20/2022 FLEET FLEET ACQUISITION TOMAR ELECTRONICS INC TOMAR LIGHT BAR ‐ FIRE 5,757.61 $ 34144 09/20/2022 PW ADMIN STREETS POTTERS INDUSTRIES LLC STREET PAINT BEADS 8,459.09 $ 34145 09/20/2022 FINANCE AQUATICS PROGRM AT&T 08/22 CALNET 3 SVS 9391026397 24.81 $34145 09/20/2022 FINANCE BUILDING AT&T 08/22 CALNET 3 SVS 9391031559 20.05 $ 34145 09/20/2022 FINANCE BUILDING AT&T 08/22 CALNET 3 SVS 9391026390 63.32 $ 34145 09/20/2022 FINANCE BUILDING AT&T 08/22 CALNET 3 SVS 9391031577 27.35 $ 34145 09/20/2022 FINANCE BUILDING AT&T 08/22 CALNET 3 SVS 9391026407 26.59 $ 34145 09/20/2022 FINANCE CITY ATTORNEY AT&T 08/22 CALNET 3 SVS 9391031559 7.52 $ 34145 09/20/2022 FINANCE CITY ATTORNEY AT&T 08/22 CALNET 3 SVS 9391026390 18.06 $34145 09/20/2022 FINANCE CITY ATTORNEY AT&T 08/22 CALNET 3 SVS 9391031577 7.80 $34145 09/20/2022 FINANCE CITY ATTORNEY AT&T 08/22 CALNET 3 SVS 9391026388 52.67 $34145 09/20/2022 FINANCE CITY CLERK AT&T 08/22 CALNET 3 SVS 9391031559 5.01 $34145 09/20/2022 FINANCE CITY CLERK AT&T 08/22 CALNET 3 SVS 9391026390 18.06 $34145 09/20/2022 FINANCE CITY CLERK AT&T 08/22 CALNET 3 SVS 9391031577 7.80 $34145 09/20/2022 FINANCE CODE ENF AT&T 08/22 CALNET 3 SVS 9391026413 26.37 $ 34145 09/20/2022 FINANCE COMM & REC AT&T 08/22 CALNET 3 SVS 9391026391 290.49 $ 34145 09/20/2022 FINANCE COMPUTER MAINT AT&T 08/22 CALNET 3 SVS 9391031559 2.51 $ 34145 09/20/2022 FINANCE COMPUTER MAINT AT&T 08/22 CALNET 3 SVS 9391026390 36.17 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34145 09/20/2022 FINANCE COMPUTER MAINT AT&T 08/22 CALNET 3 SVS 9391031577 15.62 $34145 09/20/2022 FINANCE ENGINEERING AT&T 08/22 CALNET 3 SVS 9391031559 37.59 $ 34145 09/20/2022 FINANCE ENGINEERING AT&T 08/22 CALNET 3 SVS 9391026390 126.63 $34145 09/20/2022 FINANCE ENGINEERING AT&T 08/22 CALNET 3 SVS 9391031577 54.69 $34145 09/20/2022 FINANCE FACILITIES MAINT AT&T 08/22 CALNET 3 SVS 9391031564 14.74 $34145 09/20/2022 FINANCE FACILITIES MAINT AT&T 08/22 CALNET 3 SVS 9391026394 26.98 $34145 09/20/2022 FINANCE FINANCE AT&T 08/22 CALNET 3 SVS 9391031559 25.06 $34145 09/20/2022 FINANCE FINANCE AT&T 08/22 CALNET 3 SVS 9391026390 99.49 $ 34145 09/20/2022 FINANCE FINANCE AT&T 08/22 CALNET 3 SVS 9391031577 42.97 $ 34145 09/20/2022 FINANCE FIRE AT&T 08/22 CALNET 3 SVS 9391026402 26.59 $ 34145 09/20/2022 FINANCE FLEET MAINT AT&T 08/22 CALNET 3 SVS 9391031564 9.82 $34145 09/20/2022 FINANCE FLEET MAINT AT&T 08/22 CALNET 3 SVS 9391026394 18.02 $34145 09/20/2022 FINANCE GRANT OVERSIGHT AT&T 08/22 CALNET 3 SVS 9391031559 12.53 $34145 09/20/2022 FINANCE GRANT OVERSIGHT AT&T 08/22 CALNET 3 SVS 9391026390 36.17 $34145 09/20/2022 FINANCE GRANT OVERSIGHT AT&T 08/22 CALNET 3 SVS 9391031577 15.62 $ 34145 09/20/2022 FINANCE HR/RISK MGT AT&T 08/22 CALNET 3 SVS 9391031559 7.52 $ 34145 09/20/2022 FINANCE HR/RISK MGT AT&T 08/22 CALNET 3 SVS 9391026390 27.08 $ 34145 09/20/2022 FINANCE HR/RISK MGT AT&T 08/22 CALNET 3 SVS 9391031577 11.70 $ 34145 09/20/2022 FINANCE PLANNING AT&T 08/22 CALNET 3 SVS 9391031559 12.53 $ 34145 09/20/2022 FINANCE PLANNING AT&T 08/22 CALNET 3 SVS 9391026390 45.20 $ 34145 09/20/2022 FINANCE PLANNING AT&T 08/22 CALNET 3 SVS 9391031577 19.52 $ 34145 09/20/2022 FINANCE STREETS AT&T 08/22 CALNET 3 SVS 9391031564 24.58 $ 34145 09/20/2022 FINANCE STREETS AT&T 08/22 CALNET 3 SVS 9391026394 45.00 $ 34145 09/20/2022 FINANCE SEWER OPS AT&T 08/22 CALNET 3 SVS 9391031564 17.19 $ 34145 09/20/2022 FINANCE SEWER OPS AT&T 08/22 CALNET 3 SVS 9391026394 31.48 $ 34145 09/20/2022 FINANCE SOLID WASTE AT&T 08/22 CALNET 3 SVS 9391031564 19.69 $34145 09/20/2022 FINANCE SOLID WASTE AT&T 08/22 CALNET 3 SVS 9391026394 36.00 $34145 09/20/2022 FINANCE SR CITIZEN COMM AT&T 08/22 CALNET 3 SVS 9391026395 26.48 $ 34145 09/20/2022 FINANCE SR CITIZEN COMM AT&T 08/22 CALNET 3 SVS 9391026389 26.48 $ 34145 09/20/2022 FINANCE UB ‐ GARBAGE AT&T 08/22 CALNET 3 SVS 9391031564 4.91 $34145 09/20/2022 FINANCE UB ‐ GARBAGE AT&T 08/22 CALNET 3 SVS 9391031559 6.69 $34145 09/20/2022 FINANCE UB ‐ GARBAGE AT&T 08/22 CALNET 3 SVS 9391026390 29.37 $34145 09/20/2022 FINANCE UB ‐ GARBAGE AT&T 08/22 CALNET 3 SVS 9391031577 12.69 $34145 09/20/2022 FINANCE UB ‐ GARBAGE AT&T 08/22 CALNET 3 SVS 9391026394 8.99 $34145 09/20/2022 FINANCE UB ‐ SEWER AT&T 08/22 CALNET 3 SVS 9391031564 4.91 $ 34145 09/20/2022 FINANCE UB ‐ SEWER AT&T 08/22 CALNET 3 SVS 9391031559 6.68 $ 34145 09/20/2022 FINANCE UB ‐ SEWER AT&T 08/22 CALNET 3 SVS 9391026390 29.39 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34145 09/20/2022 FINANCE UB ‐ SEWER AT&T 08/22 CALNET 3 SVS 9391031577 12.69 $ 34145 09/20/2022 FINANCE UB ‐ SEWER AT&T 08/22 CALNET 3 SVS 9391026394 8.99 $34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391026392 53.99 $34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391031564 9.84 $34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391031559 13.37 $34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391026390 58.89 $34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391031577 25.44 $ 34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391026394 18.02 $ 34145 09/20/2022 FINANCE UB ‐ WATER AT&T 08/22 CALNET 3 SVS 9391026393 81.42 $ 34145 09/20/2022 FINANCE WATER OPS AT&T 08/22 CALNET 3 SVS 9391031564 22.10 $ 34145 09/20/2022 FINANCE WATER OPS AT&T 08/22 CALNET 3 SVS 9391026394 40.48 $ 34145 09/20/2022 FINANCE WATER QUALITY AT&T 08/22 CALNET 3 SVS 9391031564 9.82 $ 34145 09/20/2022 FINANCE WATER QUALITY AT&T 08/22 CALNET 3 SVS 9391026394 18.02 $ 34145 09/20/2022 FINANCE WWTP AT&T 08/22 CALNET 3 SVS 9391031564 14.74 $ 34145 09/20/2022 FINANCE WWTP AT&T 08/22 CALNET 3 SVS 9391026394 26.98 $ 34145 09/20/2022 FINANCE CITY MANAGER AT&T 08/22 CALNET 3 SVS 9391031559 10.02 $ 34145 09/20/2022 FINANCE CITY MANAGER AT&T 08/22 CALNET 3 SVS 9391026390 18.06 $ 34145 09/20/2022 FINANCE CITY MANAGER AT&T 08/22 CALNET 3 SVS 9391031577 7.80 $ 34145 09/20/2022 FINANCE PURCHASING AT&T 08/22 CALNET 3 SVS 9391031564 14.74 $ 34145 09/20/2022 FINANCE PURCHASING AT&T 08/22 CALNET 3 SVS 9391026394 26.98 $ 34145 09/20/2022 FINANCE PAYROLL CLEARING AT&T 08/22 CALNET 3 SVS 9391026413 26.38 $ 34145 09/20/2022 FINANCE PD OPS AT&T 08/22 CALNET 3 SVS9391026411 178.28 $34145 09/20/2022 FINANCE PD OPS AT&T 08/22 CALNET 3 SVS 9391031579 260.01 $34145 09/20/2022 FINANCE PD OPS AT&T 08/22 CALNET 3 SVS 9391031561 167.08 $34145 09/20/2022 PD OPS PD OPS AT&T 08/22 CALNET 3 SVS 9391031566 167.08 $ 34145 09/20/2022 PD OPS PD OPS AT&T 08/22 CALNET 3 SVS 9391031578 177.09 $ 34146 09/20/2022 PD OPS PD OPS AT&T LEA TRACKING NUMBERS ‐ 22M‐06792 125.00 $ 34147 09/20/2022 FINANCE PD OPS AT&T 08/22 FIRSTNET SVS 287300735068 40.24 $ 34147 09/20/2022 FINANCE PD OPS AT&T 08/22 FIRSTNET SVS 287302965625 5,083.51 $ 34148 09/20/2022 GRANTS CDBG PUBLIC SVC BIG BROTHERS BIG SISTERS CDBG 21/22 ‐ Q3 22 INVOICE 1,451.52 $ 34149 09/20/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 08/22 BLOOD ALCOHOL ANALYSIS 1,190.00 $ 34149 09/20/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 08/22 486.00 $ 34150 09/20/2022 PD OPS PD OPS CALIFORNIA FORENSIC INSTITUTE PRE‐EMPLOYMENT EXAM 1,800.00 $ 34151 09/20/2022 FINANCE PD OPS COMCAST 09/22 SVS 8155500320092096 156.02 $ 34152 09/20/2022 GRANTS CDBG PUBLIC SVC COMMUNITY ACTION PRTNRSHP OF MADERA CDBG 21‐22 HOUSING 01/22‐06/22 1,181.59 $ 34153 09/20/2022 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 08/22 175.00 $ 34154 09/20/2022 ENGINEERING ENGINEERING DIAMOND COMMUNICATIONS UPDATED SECURITY CODES ‐ ENG 30.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34154 09/20/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANSIT 80.00 $ 34154 09/20/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM INSPECTION ‐ JWYC 784.50 $34155 09/20/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 08/22 POWER SWEEPING 358.28 $ 34155 09/20/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 08/22 POWER SWEEPING 358.28 $ 34156 09/20/2022 PD OPS PD OPS LEHR AUTO ELECTRIC WATCHGUARD BODY CAM DOCKS 2,024.28 $ 34157 09/20/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9918940 200.00 $ 34157 09/20/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9919593 100.00 $ 34157 09/20/2022 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE ‐ 3107003 200.00 $34157 09/20/2022 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE ‐ 9904036 200.00 $34157 09/20/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 09/22 UTILITY SERVICE ‐ 3040441‐5002760 422.71 $34157 09/20/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 09/22 UTILITY SERVICE ‐ 3040421‐500276 55.34 $34157 09/20/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 09/22 UTILITY SERVICE ‐ 3040431‐500276 101.89 $ 34158 09/20/2022 GRANTS CDBG PUBLIC SVC MADERA COUNTY E D C CDBG CV SEPT 2022 5,000.00 $ 34159 09/20/2022 GRANTS CDBG ADMIN MADERA TRIBUNE PUBLIC HEARING NOTICE 273.00 $ 34159 09/20/2022 GRANTS CDBG ADMIN MADERA TRIBUNE PUBLIC HEARING ‐ CDBG 22‐23 336.00 $ 34159 09/20/2022 HR HR/RISK MGT MADERA TRIBUNE RECRUITMENT AD ‐ PD AUX SERVICES 76.00 $ 34159 09/20/2022 HR HR/RISK MGT MADERA TRIBUNE RECRUITMENT AD ‐ ADMIN ANALYST 72.20 $ 34159 09/20/2022 HR HR/RISK MGT MADERA TRIBUNE RECRUITMENT AD ‐ PARKS WORKER I 60.80 $ 34159 09/20/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING ‐  PC NOTICE 643.50 $ 34160 09/20/2022 GRANTS TRANS ‐ FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ AUG 2022 864.81 $ 34160 09/20/2022 GRANTS TRANS ‐ DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ AUG 2022 864.81 $ 34161 09/20/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 4,600.63 $ 34162 09/20/2022 PD OPS PD OPS MOTOROLA SOLUTIONS INC. RADIO UPGRADES ‐ PD 649.50 $ 34163 09/20/2022 FINANCE CFD 2006‐1 KB HOME WILLDAN FINANCIAL SERVICES CFD 2006‐1 REMINDER LETTERS FY 21/22 62.32 $ 34164 09/20/2022 PD OPS PD OPS NATIONAL TRAINING CONCEPTS TUITION FOR OFFICER 95.00 $ 34165 09/20/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 100.66 $ 34165 09/20/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 53.38 $ 34165 09/20/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 2,739.81 $ 34165 09/20/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 1,522.88 $ 34165 09/20/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 365.07 $ 34165 09/20/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 998.80 $ 34165 09/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 08/22 SERVICE 1598348280‐1 59.00 $ 34165 09/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 08/22 SERVICE 5225647713‐5 14.30 $ 34165 09/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 1,916.54 $ 34165 09/20/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 28,186.60 $ 34165 09/20/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 76.16 $ 34165 09/20/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 1,803.23 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34165 09/20/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 1,401.20 $ 34165 09/20/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 177.57 $ 34165 09/20/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 176.06 $ 34165 09/20/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 145.89 $ 34165 09/20/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 1,960.73 $ 34165 09/20/2022 FINANCE RECREATION PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 36.28 $ 34165 09/20/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 32.46 $ 34165 09/20/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 2,821.02 $ 34165 09/20/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 11.45 $ 34165 09/20/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 314.68 $ 34165 09/20/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 8.66 $ 34165 09/20/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 53.59 $ 34165 09/20/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 70,777.39 $ 34165 09/20/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 179,345.41 $ 34165 09/20/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 727,541.09 $ 34165 09/20/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 75.33 $ 34165 09/20/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 11.61 $ 34165 09/20/2022 FINANCE ZONE 26 PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 10.51 $ 34165 09/20/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 21.31 $ 34165 09/20/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 26.78 $ 34165 09/20/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 22.93 $ 34165 09/20/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 11.64 $ 34165 09/20/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 56.82 $ 34165 09/20/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 43.11 $ 34165 09/20/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 26.78 $ 34165 09/20/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 12.04 $ 34165 09/20/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 69.54 $ 34165 09/20/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 11.88 $ 34165 09/20/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 71.84 $ 34165 09/20/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 24.36 $ 34165 09/20/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 08/22 SERVICE 3533032414‐2 139.82 $ 34165 09/20/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 1715785853‐5 1,546.88 $ 34165 09/20/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 08/22 SERVICE 9920095153‐3 6,181.84 $ 34166 09/20/2022 ENGINEERING WATER CAPITAL QUAD‐KNOPF ENGINEERING PROFESSIONAL ENGINEERING SERVICES 21,255.83 $34167 09/20/2022 ENGINEERING CDBG PUB IMPR SEAL RITE PAVING PROJECT R‐85 ON LILLY ST & VINEYARD AVE 45,580.24 $ 34167 09/20/2022 ENGINEERING MEAS T ‐LTP SUPP SEAL RITE PAVING PROJECT R‐85 ON LILLY ST & VINEYARD AVE 46,313.88 $ 34168 09/20/2022 IS COMPUTER MAINT SOUTHERN COMPUTER WAREHOUSE VIDEO MONITORS 125.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34169 09/20/2022 GRANTS TRANSIT CENTER TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ TRANSIT 150.00 $ 34170 09/20/2022 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 08/22 203.60 $ 34171 09/20/2022 GRANTS TRANSIT CENTER VILLA GARDENING SERVICE INC 08/22 LAWN SERVICE ‐ TRANSIT 500.00 $34172 09/20/2022 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING PROFESSIONAL ENGINEERING SERVICES 1,190.00 $ 34173 09/20/2022 PD OPS PD OPS ZEE MEDICAL SERVICE CO. MEDICAL SUPPLIES 110.99 $ 34174 09/20/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 34175 09/20/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 34176 09/20/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 2,610.00 $ 34177 09/20/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 1,071.00 $ 34178 09/20/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 1,150.00 $ 34179 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9922131 229.38 $34180 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9914415 124.16 $34181 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9926445 112.27 $ 34182 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9914935 29.11 $34183 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB 10000493 42,973.98 $ 34184 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB 10000494 18,960.46 $ 34185 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9907434 273.77 $34186 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9906629 366.03 $34187 09/20/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9923935 38.27 $ 34188 09/20/2022 FINANCE WATER UTILITY OTP‐ UB REFUNDS UB TERM REFUND 5671031 17.59 $ 34189 09/21/2022 PD OPS CODE ENF SILAS VARELA ADVANCE 2022 CNOA CONFERENCE 277.50 $ 132 09/12/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PARTICIPANT FEE ‐ AUGUST 2022 100.00 $ 133 09/12/2022 FINANCE PAYROLL TRUST N.P.C.‐ORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 2,641.78 $ 134 09/15/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 09/13/2022 233.71 $ 135 09/15/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 09/12/2022 405.55 $ BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 1,705,558.73

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Dino Lawson, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Request to Waive City Fees Relating to Madera High School’s Homecoming Parade RECOMMENDATION:

Adopt the Resolution Waiving the Fees to Cover the Costs of Police and Public Works Services Relating to the Madera High School Homecoming Parade in the Amount of $2,124 SUMMARY:

Madera High School (MHS) will be holding its Homecoming Parade on October 21, 2022 and have requested the City waive fees relating to the deployment of Police and Public Works services.

Historically, the City Council (Council) has recognized this function as a community event and has covered such costs associated with traffic control and clean-up.

DISCUSSION:

MHS has formally requested the City waive all fees associated with Police and Public Works services relating to the parade. Services include:
 Monitoring alternative traffic patterns to ensure safety  Crowd control
 Returning the event area to appropriate standards of cleanliness Each Department is equipped with personnel prepared to provide these services at the direction of Council.

MHS will be required to obtain the required encroachment permits for the use of City streets as part of the parade route. As is City policy, insurance binders (Special Events Insurance) to transfer liability and property damage claims from the City to parade sponsors are to be provided.

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FINANCIAL IMPACT:

The cost of providing City services is projected per the following:
 Police Department: traffic and crowd control is estimated at $1,378 for five officers on overtime
 Public Works: $645
 Engineering: $101
It is noted that these figures represent the utilization of Police personnel who will be brought in on overtime given the constraints of our current staffing level. Additionally, the $101 Engineering fee represents the cost of a special event permit to be waived. The total amount being petitioned for Council relief is $2,124.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Strategy 317: “Develop and encourage festival, gatherings, and events…” Strategy 313: “Provide year-round programs fostering community pride…” ALTERNATIVES:

Council may elect to deny the request to waive fees or may request additional information.

ATTACHMENTS:

1. Resolution Waiving the Fees to Cover the Costs of Police and Public Works Services Relating to the Madera High School Homecoming Parade

2. Request Letter Authored by Madera High School
RESOLUTION NO. 22-______

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

THE FEES TO COVER THE COSTS OF POLICE AND PUBLIC WORKS SERVICES

RELATING TO THE MADERA HIGH SCHOOL HOMECOMING PARADE IN THE AMOUNT OF $2,124.00
WHEREAS, on October 5, 2022, the City Council of the City of Madera considered a request by Madera High School to waive the fees to cover costs relating to the Homecoming Parade; and
WHEREAS, Madera High School has planned and organized this annual community event providing citizens of Madera and neighboring areas a place to celebrate; and WHEREAS, the City fees for Police and Public Work fees are $2,124; and WHEREAS, the City Council finds it is in the best interest of the City to approve the waiver of fees; and
WHEREAS, this request provides a public benefit to the community.

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

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

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

3. The City Council does hereby waive the City fees requested by Madera High School in the amount of $2,124 associated with the Homecoming Parade.

4. This resolution is effective immediately upon adoption. * * * * * * * *
200 South “L” Street, Madera, CA 93637 • (559)675-4444 • Fax (559)675-4531 • [email protected] Robyn Cosgrove, Principal
September 8, 2022
Mayor Santos Garcia and Members of the City Council,
Please consider this letter as our formal request to be placed on the agenda for your next meeting. The item for consideration is our annual Madera High School Homecoming Parade on Friday, October 21, 2022. Our parade has been a Madera tradition for the last three decades that we wish to continue for the community.

Approximately 800 high school students and 200 elementary students will take part in the parade, which includes the band, choir, cheer, football teams, class/club floats, and alumni. Furthermore, we invite elementary and junior high feeder schools to bring students to watch the parade. Last parade we had over 800 students in attendance from our feeder programs.

We understand that an event of this magnitude will incur many costs for all parties involved. However, we kindly ask the City of Madera for their continued support with this event by waiving the permit, police, and public works fees that are associated with the MHS Homecoming parade. As in prior practice, we will notify residents and businesses of the parade route and road closures. Subsequently, we respectfully ask to continue the agreement that was made in 2006 whereas the City of Madera help pay a sum of at least $1500 toward the cost of the rental and safety barricades unless otherwise noted, appropriated and approved by our city officials.

The Coyote family is looking forward to another spirited community event! Thank you for your consideration of this matter.

Respectfully,
Isaac A. Lopez
Director of Student Activities
675-4444 ext.1380
[email protected]

MADERA UNIFIED

SCHOOL DISTRICT

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Letter of Support for Amond World and the pursuit of California Competes Tax Credit RECOMMENDATION:

Approve a Minute Order Approving a Letter of Support for Amond World and the California Competes Tax Credit
DISCUSSION:

Staff received a request from SPAN Construction on behalf of their client, Amond World, for a Letter of Support to pursue the California Competes Tax Credit. The intention of this Staff Report is to present details of their request along with information about the California Competes Program for consideration by Council.

The California Competes Program is administered by the Governor’s Office of Business and Economic Development (GO-Biz) for businesses that plan to build locations and/or stay and develop in the State of California. The program offers two incentives to businesses: a California Competes Tax Credit (CCTC), which applies a non-refundable credit against income tax due to the Franchise Tax Board and the California Competes Grant Program (CCGP) which provides grant funding to businesses that do not qualify for the CCTC.

These incentives are available statewide to all industries and while there are no geographical or sector-specific restrictions, the purpose of the California Competes Tax Credit and Grant is to attract and retain high-value employers in California in industries with high economic multipliers aimed at providing competitive wages and benefit. GO-Biz is required by statute to consider the extent to which the grant/credit will influence applicants’ ability and willingness to create new, full-time jobs that might not otherwise be created in the state by taxpayers or other economic factors. CCTC and CCGP agreements will be negotiated by GO-Biz and approved by the “California Competes Tax Credit Committee,” consisting of the State Treasurer, the Director of the Department of Finance, the Director of GO-Biz, and one appointee each by the Speaker of the Assembly and Senate Committee on Rules.

B-4
The tentative amount of credits that can be allocated is $180 million per fiscal year (FY) beginning in FY 2018/19 through FY 2027/28 with the minimum credit request threshold of $20,000.

Additionally, no more than 20 percent (approx. $61 million) may go to any one applicant per fiscal year. The tentative amount of available grant funding is $120 million per fiscal year with a minimum grant request being $5 million. No more than 30 percent ($36 million) may go to any one applicant per fiscal year. In total, $304,727,233 of funding is available to applicants through these programs for FY 2022/23.

The CCTC is obtainable by businesses of any size that meet at least of one of the following criteria:
 Will create at least 500 new full-time jobs in California  Will make at least $10 million of capital investments in facility construction and/or renovation
 Will create the jobs or make the investments in an area of High Unemployment and/or Poverty as defined in the California Competes Tax Credit regulations Awards are based on 12 factors:
 Number of jobs created or retained
 Compensation paid to employees
 Amount of investment
 Duration of proposed project and commitment to remain in this state  Extent of unemployment or poverty in business area
 Extent the benefit to the state exceeds the amount of the tax credit or grant  Incentives available in other states
 Opportunity for future growth and expansion
 Other incentives available in California
 Overall economic impact
 Strategic importance to the state, region, or locality  Training opportunities offered to employees
Amond World is developing a state-of-the-art refrigerated cold storage facility in the Madera Airport Industrial Park. The company intends to increase profitability for local farmers, extend almond shelf life by up to two years, and simplify hold costs and logistics. Span Construction is developing two 250,000 sf buildings with the first to be completed by the end of 2022 and is expected to bring hundreds of jobs to the area. Amond World is seeking the City’s support in applying for the California Competes Tax Credit program to help bring competitive salaries, desirable benefits and long-term job sustainability.

FINANCIAL IMPACT:

The signing of the Letter of Support has no direct impact to the City or County.

ALTERNATIVES:

Council may elect to decline the submittal of the support letter.

ATTACHMENTS:

Letter of Support
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov

October 5, 2022
California Competes Tax Credit Committee
Governor’s Office of Business and Economic Development
1325 J Street, 18th Floor
Sacramento, CA 95814
Dear California Competes Tax Credit Committee,
I am writing this letter in support of the application for the California Competes tax credit by Origo Cold Industrial Holdco LLC (“Origo”). As California’s economy and population grows, it is critical that we invest in cold storage warehouse and crop infrastructure.

Cold storage supports the economic health of farmers by supporting their ability to sell their produce over longer periods. Cold storage supports food health by reducing the requirement to treat crops with pesticides and other chemicals.

The proposed Madera cold storage facility is located at the start of the food supply chain, in central California, where 65% of the nuts and fruit in the U.S. are grown. Origo supports local farmers by allowing them to store their crop near where it is harvested, which reduces transportation cost, and minimizes crop loss. This is an important advancement to sustainability of the agriculture industry in central California.

This project and related investment projects are expected to bring significant immediate benefit to the City of Madera and the surrounding area and long-term benefit to the economy and food supply within California. Other jobs in the local area will be created by the increased capacity of storage for California farmers and corresponding ability to increase supply.

This tax credit is important and necessary to ensure that Origo is able to implement the Madera project to the benefit of central California farmers and local economy.

Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
In closing, I urge you to favorably review the application for California Competes Tax Credit by Origo Cold Industrial Holdco LLC.

Sincerely,
Santos Garcia, Mayor
City of Madera

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

Appointment to the Civil Service Commission
RECOMMENDATION:

Adopt a resolution appointing Dennis Smith to the Civil Service Commission SUMMARY:

The City of Madera Municipal Code provides that the Civil Service Commission (Commission) is comprised of seven (7) members. Each member of the City Council makes a nomination to be considered for appointment by the Mayor and the Mayor has one direct appointment.

Appointments are subject to approval of the City Council by resolution. At this time, Mayor Garcia desires to appoint Dennis Smith to the Civil Service Commission. Mayor Garcia’s previous appointee, Summer Gonzalez, has resigned from the Commission due to scheduling conflicts.

DISCUSSION:

The Commission is established in Chapter 2 of the City’s Municipal Code. The Commission reviews recruitments and certifies the list of eligible candidates for full time employment with the City.

The Commission also is the hearing body for appeals related to employment practices, including employee discipline, application of the City’s Personnel Rules, and hiring practices. Pursuant to Municipal Code Section 2-2.303, the Commission is a seven (7) member body. Nominations of individuals to serve as Commissioners may be made by all members of the City Council. The Mayor then makes appointments from those nominated. The Mayor also makes a direct appointment. The Mayor’s appointments must be approved by the City Council as a whole, with the resolution of appointment approved by at least four (4) members of the Council.

Commission members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text.

Council Meeting of: October 5, 2022
Agenda Number: B-5
Table 1. Civil Service Commission Appointments
Commissioner Nominating Councilmember City Council District Dennis Smith Direct appointment by Mayor Garcia At-large Mayor Nick Salinas Councilwoman Gallegos District 1
Celeste Voyles, Chairperson Councilmember Rodriguez District 2 Saim Mohammad Councilmember Montes District 3
Julius Washington Mayor Pro Tem Evans District 4
Shawn Griffin, Vice Chairperson Councilwoman Mejia (appointment made by prior Council)
District 5
Muhammad Latif Councilmember Villegas District 6
At this time, the Mayor is seeking approval from the City Council of his direct appointment. Per the Municipal Code, appointments will be for a term matching the nominating Council person, or until a replacement is appointed. The Municipal Code also provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

FINANCIAL IMPACT:

There is no anticipated financial impact.

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 may direct staff to seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Volunteer application for Dennis Smith

2. Resolution

RECEIVED

OFFICE OF THE CITY CLERK
SEP 2 8 2022

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

PLEASE CHECK ONE OR MORE:
__ ADA Advisory Council
Beautification Committee
CDBG Block Grant Commission
__ Planning Commission
Other: - --------
Please type or print in ink.

HOME ADDRESS
__ Airport Advisory Commission
~ Civil Service Commission
Loan Review Committee
__ Transit Advisory Board

CITY, STATE, ZIP HOME PHONE
j • \. .i. •• ! II.: .i. a I j .l ,i, • A•
------- -
Length of residence in the City of Madera:
vY Years ---Months
Educational background:
/lftM~I.U rl/r:.¥
City Clerk
Update 12/1/21
Have you ever been convicted of a felony?
Yes ____ No _ --~

Please list any organizations of which you are a member and any offices you have held in those organiza ·ans:
'jjt-/l/1' bw /H1 ,".? t:'~ vb - jD/f.5T P,,P4 -.z>~ --t-- Please list any appointed public boards or commissions on which you have served, dates of service, and any chairmanship or office held: / /ay rr' ~~ /-f:IJ/1-- ~y;5.1J7 cb't1/.vC/ 1 I am interested in serving for the following reasons:

References (optional):

J
-D-a-te _ _ ____,,.____ ,f--H __
~,7-:z----- _____ ~ Signature ----
City Clerk
Update 12/1/21
Please return completed application to:

CITY OF MADERA

OFFICE OF THE CITY CLERK
205 West 4th Street, Madera, CA 93637
[email protected]
(559) 661-5405

Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING DENNIS SMITH TO THE CITY OF MADERA CIVIL SERVICE

COMMISSION
WHEREAS, the City of Madera has established a Civil Service Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Personnel Rules and Regulations and City of Madera Municipal Code; and WHEREAS, the Commission is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Mayor Garcia has appointed Summer Gonzales as his direct appointment to the Commission for a term concluding December 2024 or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Dennis Smith desires to serve on the Commission.

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. Dennis Smith’s appointment to the Civil Service Commission for a term ending December 2024, unless otherwise indicated by the Madera Municipal Code, is approved.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at 1389 Taylor Lane (APN 006-580-006)
RECOMMENDATION:

Adopt a resolution approving a Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement (PUE) at Property Owner‘s Risk (Covenant)
SUMMARY:

Mr. Alejandro Jimenez, the owner of a home at 1389 Taylor Lane, has submitted a request to build a swimming pool in the back yard of his home that also includes a PUE. The City does not have authority to allow or approve of construction within PUEs that are not for exclusive use of the City.

DISCUSSION:

Prior to property owners securing permits for construction of pools or other permanent structures, the City reviews the proposal for any concerns that may exist with that construction including required setbacks from property line or other structure. In addition, the City verifies existing easements to ensure the property owner and the City are not subject to a demand to remove facilities and liability associated therewith constructed under a permit approved by the City. In simple terms, an easement is a nonpossessory right to use another person’s property without possessing it. Nearly all properties have easements, including but not limited to electrical lines, natural gas, cable television, phone, and on occasion sewer, water, and/or drainage. Easements are outlined in title reports and are recorded against the property.

In this situation, a pool has been proposed that extends five (5) feet into an easement originally granted to San Joaquin Light and Power Corporation for Electric Transmission Line, on October 3, 1919. While the line was never constructed, the easement continues to exist and an electrical line may be added in the future.

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Under the terms of the Covenant, the property owner is responsible for contacting the utility to ensure the easement will not be used in the future prior to constructing the pool or preferably to seek removal of the easement. If the owner is not successful in removing the easement the City will not be held liable on the basis of the Covenant for any damages the owner may accrue.

FINANCIAL IMPACT:

Approval of this Covenant Agreement imposes no impact or expense to City’s General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

This action is not directly addressed in the Vision Madera 2025 Plan ALTERNATIVES:

If Council does not accept the approval of this Covenant Agreement, a permit to construct a pool will not be issued.

ATTACHMENTS:

1. Resolution
a. Exhibit A – Covenant Agreement
Attachment 1
Resolution
RESOLUTION NO. 22-_____

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

CALIFORNIA APPROVING COVENANT AGREEMENT TO ALLOW A LIMITED

ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT AT PROPERTY OWNER’S RISK
WHEREAS, Alejandro Jimenez is the Owner in fee title of that certain improved real property commonly known as 1389 Taylor Lane (Property) in the City of Madera, County of Madera (APN 006-580- 006-000)
WHEREAS, Owner propose to construct a pool in the backyard of the Property, and have applied to the City for a building permit to construct the same.

WHEREAS, the proposed pool as designed will encroach into a public utility easement (PUE) WHEREAS, no utilities are currently using the PUE, but could do so at some future date.

WHEREAS, To accommodate Owners’ proposal, the City, as for itself and no other Utility, desires to agree to allow for a limited, temporary, encroachment by Owners into the PUE at the Owner exclusive cost and risk, and subject to Owners obtaining appropriate approvals from the other Utilities (such as a recorded covenant or agreement) and future use by the Utilities.

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

1. The above recitals are true and correct.

2. That certain Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at Property Owner(s)’ Risk, attached hereto as Exhibit A, is hereby approved.

3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Covenant Agreement
APN. Xxx-xxx-xxx-000 SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AGREEMENT TO ALLOW A LIMITED

ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT
AT PROPERTY OWNER(S)’ RISK
This Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at Property Owner(s)’ Risk (“Agreement”) is made and entered into this____ day of __________, 2022 by (insert owner names) (“Owners”) and the City of Madera (“City”) for the purpose of allowing a limited encroachment into a public utilities easement.

RECITALS:

A. Owners own in fee title that certain improved real property commonly known as (insert address) in the City of Madera, County of Madera (APN. Xxx-xxx-xxx-000) and legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).

B. Owners propose to construct a pool in the backyard of the Property, and have applied to the City for a building permit to construct the same. As designed the proposed pool will encroach into the into a public utility easement (PUE), as depicted in the map attached as Exhibit B.

C. The PUE was previously dedicated and accepted by the City, and public utility easements are commonly used by utilities such as the City, Pacific Gas and Electric Company, Comcast, AT&T, and other authorized providers (collectively “Utilities” or singularly “Utility”).

D. The Utilities are not currently using the PUE, but could do so at some future date.

To accommodate Owners’ proposal, the City, as for itself and no other Utility, desires to agree to allow for a limited, temporary, encroachment by Owners into the PUE at the Owners’ exclusive cost and risk, and subject to Owners obtaining appropriate approvals from the other Utilities (such as a recorded covenant or agreement) and future use by the Utilities.

RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City of Madera - City Clerk
205 W. 4th Street
Madera, CA 93637
AGREEMENT:

NOW, THEREFORE, the Parties agree as follows:

1. Incorporation of Recitals. The foregoing recitals are incorporated herein by reference.

2. Effective Date; Duration. This Agreement shall be effective upon delivery to the City of a copy executed by Owner (“Effective Date”) which the City shall cause to be recorded in the Official Records of Madera County. This Agreement shall remain in full force and effect in perpetuity.

3. Owner’s Representations and Warranties. Owner represents and warrants to the Utilities and City that, as of the Effective Date, Owner is the fee owner of the Property, and has authority to execute this Agreement which shall be binding on the Property upon recordation in the official records of Madera County (“Official Records”).

4. Covenants, Restrictions and Obligations. The Parties agree as follows:
(a) At Owner’s sole cost and expense and in accordance with all applicable City requirements, Owners are granted a temporary encroachment into the PUE, as to the City’s right of use only, for the limited purposes of constructing, maintaining, and using a swimming pool and associated structures strictly in accordance with the permits and the plans as approved by the City.
(b) Owners shall not modify the pool nor construct or cause to be constructed any additional structures on the Property without first applying for and obtaining a permit from the City, at Owner’s sole cost and expense. Upon approval, any additional permitted structure shall be subject to this Agreement, including, but not limited to, the covenants in this Section 4. (c) Owners specifically acknowledge that the granting of a limited encroachment in the PUE under this Agreement is only approval to do so from the City. Owner acknowledges that Owners will need to obtain the appropriate approval or consent of all other Utilities for encroachment into the PUE. The City encourages the recording of any such agreement or consent.
(d) Owners agree that use of the PUE by the Utilities is paramount to the limited and temporary encroachment by Owners. Owners further agree that any encroachment into the PUE is solely at Owners’ risk, and Owners expressly acknowledge and agree that any Utilities, including the City, may disturb, remove, damage, or reconfigure the pool at any time to make use of the PUE or otherwise exercise their rights to the PUE, with or without notice.

Further, any of the Utilities, including the City, may require Owners to remove the pool, including any associated structures, from the PUE at any time. Owners are solely responsible for any cost of removal, damages, reconfigurations, or any other disturbance of the pool by any Utilities, and under no circumstances shall Utilities be responsible to Owners for any damages or other relief, which are expressly waived by Owners. If Owners fail to promptly pay, any Utility may file and record a lien against the Property for the costs thereof, including attorney’s fees. Owners agree any Utility may pursue any other remedy under the law to enforce this Agreement. (e) At all times, Owners shall comply with all ordinances, regulations and standards applicable to the Property.
(f) Owners agree to indemnify and to hold the City harmless against any and all claims, demands, losses, liabilities, causes of action, obligations and claims of any kind for damages, lawsuits, costs, attorney’s fees and expenses of every kind and nature whatsoever, filed against the City with respect to i) the City’s approval of this Agreement; ii) the design, construction, approval, or use of the pool or associated structures; and iii) related to the use of the PUE by Owners (collectively “Indemnified Obligations”). Owners will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities and Owners agree to save and hold the City, its officers, agents and employees harmless therefrom. If the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Owners for such damages or other claims arising out of the Indemnified Obligations, Owners agree to promptly reimburse the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including, but not limited to, legal costs and attorneys’ fees. Any and all amounts due under this Section 4 shall be promptly paid to the City or its officers, agents or employees within ten (10) days of written demand is delivered to Owner. If any amounts are not paid when due, said amounts shall thereafter bear interest at the rate of ten percent (10%) per annum (but not in excess of the maximum rate permitted by law) until paid in full.

5. Runs with the Land. This Agreement shall run with the land binding the Property and all future owners, tenants, and occupants of the Property.

6. Amendment or Modification. This Agreement may not be amended or modified except (i) in writing executed by the then current owner(s) of the Property and the City, and (ii) recorded in the Official Records.

7. Miscellaneous.

7.1. Notices. Any notices, demands, or communications under this Agreement shall be in writing, and may be given either by (i) personal services, (ii) overnight delivery, or (iii) mailing via United States mail, certified mail, postage prepaid, return service requested, addressed as set forth on the signature page of this Agreement or such other address as may be furnished in writing by a party, and such notice or communication shall, if properly addressed, be deemed to have been given as of the date so delivered, or three (3) business days after deposit into the United States mail. The addresses of the Parties are as follows:

CITY
Office of the City Engineer
428 E. Yosemite Avenue
Madera, CA 93638
OWNERS
(Alejandro Jimenez)
(1389 Taylor Ln.)
Madera, CA 93637

7.2. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

7.3. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California and any legal action shall be brought in a court of competent jurisdiction in Madera County.

7.4. Attorney’s Fees. In the event of any litigation or other legal proceeding arising from this Agreement, the prevailing party will be entitled to recover, in addition to any other relief awarded or granted, its reasonable costs and expenses, including attorney’s fees, incurred in the proceeding.

7.5. Final Agreement. This Agreement contains the entire understanding and agreement with respect to the subject matter of this Agreement and all prior or contemporaneous documents, communications, understandings, representations, and statements shall be of no force or effect.

7.6. Construction. This Agreement shall be construed according to its fair meaning as if prepared by all parties to this Agreement. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

7.7. No Waiver. The failure to enforce any term, covenant, or condition of this Agreement shall not be construed as a waiver of the right to enforce this, or any other, term, covenant, or condition of this Agreement.

IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written.

OWNERS: CITY OF MADERA
_______________________
*By: (Alejandro Jimenez) By: ________________________
Title: _____________________
Date: _______________, 2022
* Signature must be notarized.

Exhibit A
Property Description
The land referred to is situated in the County of Madera, City of Madera, State of California, and is described as follows:

Lot 131 of Cottonwood Estates Phase 4Subdivision No. 05-5-12, according to the Map thereof Recorded in Book 54, Pages 126 and 127 of Maps, Madera County Records.

EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances and minerals of any kind or character, in, on or thereunder, as reserved of Deeds of Record.

APN: 006-580-006-000
Exhibit B
Depiction of Public Utility Easement (Including Encroachment) City of Madera
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State of California
County of ___________________
On ______________, 2022 before me, _______________________________, personally appeared _____________________________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.

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

WITNESS my hand and official seal.
______________________________
Signature
SEAL
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Letter of Support for the Affiliation of Madera Community Hospital, Trinity Health and Saint Agnes Medical Center
RECOMMENDATION:

Approve a Minute Order Approving a Letter of Support the Affiliation of Madera Community Hospital, Trinity Health and Saint Agnes Medical Center.

DISCUSSION:

Council may recall, during the Public Comment portion of the August 3, 2022 Council meeting, Madera Community Hospital (MCH) discussed ongoing financial challenges faced as a result of COVID-19 pandemic. MCH has stated that the Hospital has accrued nearly $17 million dollars in losses resulting from the pandemic and was seeking assistance from the City for $1 million in American Rescue Plan Act (ARPA) funding. It should be noted that the City received approximately $23 million in ARPA funds, which was previously allocated in its entirety to the City’s sewer and water systems in order to help mitigate rate increases. Council approved to agendize the matter in the form of a workshop in a future meeting to receive further information regarding the Hospital’s deficit and detailed financial information that supports the organization’s need for financial assistance. More recently at the September 21, 2022 Council meeting, Council instructed staff to prepare a letter expressing the City’s support for the hospital affiliation.

BACKGROUND:

The Council held a workshop on September 21, 2022 where Madera Community Hospital staff presented an update on the state of hospital, including:
 MCH has entered into an affiliation agreement with Saint Agnes and Trinity Health in order to seek a path to financial security and to preserve ongoing healthcare services to the community.
 The sudden onset and duration of the pandemic was un precedented for the medical community. The Hospital’s normal the operating budget was being funneled into B-7
supporting public health responses to COVID-19, vaccinations, medical care, intensive care expansion, testing, contract tracing, isolations and capital investments.  MCH is the only full-service hospital that serves the needs of Madera residents  $1 million in ARPA requested from the City for the replacement of an air handler ($3.2 million project) to promote better air filtration and reduce the spread of airborne pathogens.
 Madera Community Hospital is the largest private employer in Madera with over 800 employees on staff.
 Non-profit organization that receives no taxpayer assessments and main income source stems from insurer reimbursements, largely from governmental programs such as MediCal or Medicare who receive reduced rates.  MCH has accrued over $17 million in losses and is in danger of reducing services or closing, which would have a detrimental impact to the community of Madera and surrounding hospitals that do not have the capacity to accommodate an influx of patients.  Contributors to the deficit include increased physician and nursing salaries, costly medications/treatments, reduced reimbursements and shouldering the cost of intensive care services
 MCH would appreciate alternative forms of support, particularly a letter to the State Attorney General expressing the City’s support for their affiliation agreement with Trinity Health.

It is duly noted that prior to the Workshop, the City, in conjunction with Madera Community Hospital and Madera County met with Senator Anna Caballero, State Assemblyman Frank Bigelow, Congressman Jim Costa and the Department of Justice to discuss other protentional avenues for funding. Following this discussion, State Assemblyman Frank Bigelow and Senator Anna Caballero announced that $5 million in state funding was secured to support MCH in recovering from their deficit and to ensure services continue without interruption or closure until its merge with Trinity Health Corporation and Saint Agnes Medical Center.

As the City’s ARPA funds have been allocated, Council directed Staff to prepare a Letter of Support to the affiliation between MCH, Trinity Health and Saint Agnes Medical Center.

FINANCIAL IMPACT:

The signing of the Letter of Support has no direct financial impact to the City or County.

ALTERNATIVES:

Council may elect to decline the submittal of the support letter.

ATTACHMENTS:

1. Letter of Support
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov

October 5, 2022
The Honorable Neli Palma
Supervising Deputy Attorney General
Healthcare Rights and Access, California Department of Justice Office of the Attorney General
1300 I Street
Sacramento, CA 95814
The Honorable Emilio Varanini
Supervising Deputy Attorney General
Healthcare Rights and Access, California Department of Justice Office of the Attorney General
455 Golden Gate Ave, 11th Floor
San Francisco, CA 94102
Dear Supervising Deputy Attorney Generals Palma and Varanini, The City of Madera respectfully expresses its support for the affiliation between Madera Community Hospital, Saint Agnes Medical Center and Trinity Health Corporation. Madera Community Hospital (Hospital) operates a full-service, non-profit general acute care hospital that houses 106 beds and is the only adult hospital Madera County, with the next proximal hospital located over twenty miles away.

Madera Community Hospital is a vital healthcare resource for the residents of Madera and plays a major role in the social and economic vitality of our city. It is the largest private employer in Madera, with over 800 individuals on staff and is a significant economic contributor to our City.

Madera is located in a rural area of the Central Valley and serves a disadvantaged population.

Eighty percent of the Hospital’s revenue is received from government programs like Medi-Care and Medicare, who benefit from reduced payer rates, and without adequate funding opportunities or private payer reimbursements, the Hospital has had difficulty in recruiting physicians and nurses, updating equipment and implementing technology to best its serve patients.

In addition, COVID-19 has resulted in detrimental impact Madera Community Hospital, which has experienced significant operating losses equating to several millions of dollars during the last Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
two years. Specifically, inflated labor costs, nursing shortages, costly medications/treatments, reduced reimbursements and shouldering the cost of intensive care services and treatments during the pandemic have contributed to financial hardships faced by the Hospital.

As a nation, we have seen an increasing number of rural hospitals face bankruptcy or closure due to financial pressure. Madera Community Hospital plays an indispensable role for the residents of Madera and surrounding communities as the major source of inpatient and outpatient services, emergency care and surgical care. A closure or reduction in services would be a disastrous blow to not only the residents of Madera, but the neighboring hospitals who would be forced to absorb the healthcare needs of our 60,000 and growing community. Therefore, the City supports the Hospital’s decision to seek a path to financial security and to preserve community healthcare for the County of Madera by affiliating with Trinity Health and Saint Agnes Medical Center.

On behalf of the City of Madera, I urge you to favorably review the Affiliation Agreement set forth by these organizations.

Sincerely,
Santos Garcia, Mayor
City of Madera

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

Consideration of a request by Nadeem Ahmad and Shahzada Farooq for connection to the City’s water system
RECOMMENDATION:

Adopt a resolution Approving Agreement for Outside City Limits Water Connection for 16255 North D Street
SUMMARY:

The City has a policy wherein properties located outside the City Limits and adjacent to the City water and sewer systems, may under certain conditions, apply for and receive City utility services.

DISCUSSION:

The property owners, Nadeem Ahmad and Shahzada Farooq, have an existing single-family residence on a TBD acre single parcel located on the east side of D Street, between Adell and Ellis Streets. The owners have requested that they be allowed to connect to the existing 14-inch City water main on D Street and has declared her request as an urgent matter as the property has a well that is failing. While the parcel contains a single family home, staff has included a condition that should the parcel be subdivided or intensified, it shall be annexed into the City.

The Local Agency Formation Commission (LAFCO) has approved the connection to City water service outside the current City limits.

FINANCIAL IMPACT:

Approving this request for outside city limits water connection imposes no additional expense to the City or the General Fund. Property owner has also paid a fee for Council approval and will bear all construction costs.

Council Meeting of: October 5, 2022
Agenda Number: ________
B-8
CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The installation of an outside City Limits water connection to the site is not specifically addressed in the vision or action plans.

ALTERNATIVES:

If Council does not approve the Agreement for Outside City Limits Water Connection, the residents may face hardships and will have to seek other alternatives.

ATTACHMENTS:

1. Location Map

2. Resolution
Exhibit A – Agreement
Attachment 1
Location Map
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Attachment 2
Resolution
RESOLUTION NO. 22-_____

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

CALIFORNIA, APPROVING AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16255 NORTH D STREET
WHEREAS, Owners desire to connect the property located at 16255 North D Street to the City water system; and
WHEREAS, the property is located in the unincorporated territory of the County of Madera; and
WHEREAS, the City Council is willing to authorize said connections to the City’s water and sewer systems, at owner’s expense, subject to certain conditions.

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

1. The above recitals are true and correct.

2. The Council approves the Agreement for Outside City Limits Water Connection for 16255 North D Street which is attached to this resolution as Exhibit A and incorporated by reference.

3. Staff is hereby directed to record the Agreement.

4. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Agreement

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MADERA
205 W. 4TH STREET
MADERA, CA 93637
Presented for Recordation by the City of Madera
Fee Waived Per Sections 27383 & 27388.1(a)(2)(D) of the Government Code………No Fee Due _0_ Address: 16255 North D Street, Madera, California
APN: 038-090-009

AGREEMENT FOR OUTSIDE CITY LIMITS
WATER CONNECTION FOR 16255 NORTH D STREET
This AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16255 North D Street (“Agreement”), is made and entered into this ____ day of ____________, 2022, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “CITY”, and NADEEM AHMAD AND SHAHZADA FAROOQ, hereinafter called “OWNER”.

RECITALS
A. OWNER is the record owner of that certain real property located at 16255 North D Street, in the County of Madera, California and more particularly described below.

B. The Property consists of 4.21 acres, more or less, located on the east side of D Street, between Ellis and Adell Streets, known as 16255 North D Street, in the unincorporated territory of Madera County (the “Subject Property”).

C. OWNER desires a water connection to serve one dwelling on the Subject Property.

D. CITY is willing to authorize said water connection subject to conditions as set forth in this Agreement.

AGREEMENT
In consideration of the recitals above, which are incorporated herein, and the mutual promises contained herein, the Parties agree as follows:

1. Authority to Connect to City Water. CITY hereby authorizes OWNER to connect to the 14-inch water main on D Street to serve one dwelling on the Subject Property located at 16255 North D Street, which property is more particularly described as follows:

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF MADERA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 149 AND THE WEST 53.50 FEET OF LOT 150 IN SECTION 12, TOWNSHIP 11 SOUTH, RANGE 17 EAST, M.D.B.&M., ACCORDING TO MAP ENTITLED, "MILLER AND LUX'S SUBDIVISION OF LANDS, AT MADERA, FRESNO COUNTY CAL.", FILED AND RECORDED IN THE OFFICE OF THE COUNTY OF MADERA STATE OF CALIFORNIA, FEBRUARY 2, 1895, IN BOOK 1 OF MAPS, AT PAGE 11, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHWEST CORNER OF LOT 149 OF SAID SUBDIVISION, SAID CORNER BEING IN THE CENTER OF AN 80 FOOT COUNTY ROAD, SAID CORNER BEING IN THE CENTER OF AN 80 FOOT COUNTY ROOD, THENCE SOUTH 89° 47' EAST A DISTANCE OF 559.99 FEET TO A POINT ON THE NORTH LINE OF LOT 150, THENCE SOUTH 0°13' WEST 466.69 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 150, THENCE NORTH 89°47' WEST ALONG THE SOUTH LINE OF SAID LOTS 150 AND 149, A DISTANCE OF 559.99 FEET TO A POINT AT THE SOUTHWEST CORNER OF LOT 149, THENCE NORTH 0°13' EAST ALONG THE WEST LINE OF LOT 149, A DISTANCE OF 466.69 FEET TO THE POINT OF COMMENCEMENT.

EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE NORTHWEST CORNER OF LOT 149 OF SAID SUBDIVISION, SAID CORNER BEING IN THE CENTER OF AN 80 FOOT COUNTY ROAD, THENCE SOUTH 89°47' EAST A DISTANCE OF 280 FEET TO A POINT; THENCE SOUTH 0°13' WEST A DISTANCE OF 261 FEET TO A POINT; THENCE NORTH 89°47' WEST A DISTANCE OF 280 FEET TO A POINT; THENCE NORTH 0°13' EAST ALONG THE WEST LINE OF LOT 149, A DISTANCE OF 261 FEET TO THE POINT OF COMMENCEMENT.

APN: 038-090-009

2. Payment of Fees. Prior to any such water connection, APPLICANT shall pay to CITY water impact fees which total $845.00. Impact fees are based on one single family residence on a single parcel. Any additional development on the Subject Property will be subject to additional CITY impact fees. OWNERS shall also pay to CITY connection, permit, inspection or other fees as required, and 50% of the cost to install the 8-inch component of the 14-inch water main located in D Street, in the amount of $2,838.52. On and after connection of OWNERS’ property to the CITY water system, OWNER shall pay to CITY the monthly water service charges as determined by the Director of Finance.

3. Municipal Service Application and Service Rates. In addition to this Agreement, OWNER agrees to complete a Municipal Service Application to apply for water and agree to pay the water rates applicable to City residents which will be billed in accordance with City billing of City residents. As a new water service connection, OWNER is required to install a water meter and a reduced pressure back flow prevention device at property line in accordance with CITY Standard Specifications and destroy any existing wells in accordance with the Madera County and California Department of Health Standards.

4. Discontinuance of Utilities. The parties acknowledge that one result of the utility billing method of payment is to allow City to use the non-judicial remedy of discontinuing all utility services in the event of a default by OWNER in the performance of its duties and obligations pursuant to the Agreement.

5. No Assignment; Agreement Runs with the Land. The rights and obligations of the parties shall not be assigned or transferred to others without the prior written consent of the other party. This Agreement shall be binding upon and insure to the benefit of the parties’ successors or assigns. The burdens and benefits of this Agreement shall run with the land identified in Exhibit A attached hereto. This Agreement shall be executed in recordable form.

6. Notices. All notices to be given under this Agreement shall be in writing and either:
(a) Sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States Mail,
(b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with this courier, or (c) By telecopy or similar means, if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by telecopier or other similar means provided that a transmission report is generated by reflecting the accurate transmission of the notices, as follows:

TO OWNER: NADEEM AHMAD AND SHAHZADA FAROOQ
1501 E. Yosemite Ave
Madera, CA 93638
TO CITY: CITY OF MADERA
Attn: City Manager
205 W. 4th Street
Madera, CA 93637
These addresses may be changed by written notice to the other party, provided that no notice of a change of address shall be effective until actual receipt by the parties of the notice.

Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.

7. Limitation on Use of City Water. OWNER agreesthat the water provided by the CITY shall be used only for domestic water service to the Subject Property. Any future water connection for property development purposes is subject to CITY approval.

8. LAFCo Approval. The Subject Property is located outside the corporate limits of the City of Madera but within the City’s Sphere of Influence. Due to this, the CITY must obtain authorization from the Madera Local Agency Formation Commission (LAFCo) to extend and/or connect utility services to the subject property. LAFCo authorization requires the submittal of an application for review. The CITY has prepared and submitted the required application, and LAFCo has authorized the extension and/or connection of utility services to the Subject Property.

9. Annexation. In accordance with Government Code Section 56133 (b) and LAFCo’s approval of the application to extend and/or connect utility services to the Subject Property, OWNER agrees not to protest the future annexation of the subject property into the City of Madera, if such annexation is not subject to conditions, excluding the facts pertaining to the annexation itself or the extension of water or sanitary sewer service, which might materially prejudice those holding interest in the Subject Property.

10. Attorney’s Fees. If either party commences an action against the other to enforce this Agreement, or because of the breach by either party of this Agreement, the prevailing party in this action shall be entitled to recover attorney fees and costs incurred in connection with the prosecution or defense of this action, including any appeal of the action, in addition to all other relief. Prevailing party within the meaning of this Section shall include, without limitation, a party who successfully brings an action against the other party for sums allegedly due or performance of covenants allegedly breached, or that party who obtains substantially the relief sought in the action.

11. Entire Agreement. This Agreement contains the entire agreement between the parties as to the subject matter hereof. This Agreement shall not be construed to relieve OWNER from properly maintaining improvements on OWNERS’ property as required by any existing site plan or conditional use permit, to excuse compliance with any law or regulation of general application, or to address any developmental requirements that may be applied to any future development of OWNERS’ property. Without limitation of the foregoing, OWNER acknowledges that the Development Impact Fees paid as provided herein are for the existing residence only, and any additional residences or other uses or additional improvements will require the payment of additional Development Impact Fees as may be applicable to such additional residences, uses or improvements.

No promise, representation, warranty, or covenant not included in this Agreement has been or is relied on by either party. Each party has relied upon his own examination of this Agreement, the counsel of his own advisors, and the warranties, representations, and covenants in the Agreement itself. The failure or refusal of either party to read the Agreement or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.

12. Time of the Essence. Time is of the essence for each condition, term, and provision in this Agreement.

13. Counterpart Signatures. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all taken together shall constitute one and the same instrument. The execution of this Agreement is deemed to have occurred, and this Agreement shall be enforceable and effective only on the complete execution of this Agreement by the parties.

14. Severance. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.

15. No Waiver. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act.

16. Headings. Headings at the beginning of each section and subsection are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated to it by this reference.

17. Applicable Law. This Agreement shall be governed and construed in accordance with California law. This Agreement concerns real property located in Madera, California and each party agrees that a court of competent jurisdiction for the judicial district including Madera, California would be the most appropriate court for any litigation that might arise in connection with this Agreement.

18. Authority to Sign. Each party signing below certifies that he or she is authorized to execute this Agreement and thereby obligate the party on whose behalf such signature is made. The authority of each signer was, if necessary, granted by appropriate corporate action.

19. Amendments to Agreement. This Agreement may be modified or amended only by a writing duly authorized and executed by both parties. It may not be amended or modified by oral agreements or understanding between the parties. This Agreement and any modification or amendment thereto shall only be effective if authorized by the City Council of the City of Madera.

20. Limitation on Use of City Water. OWNER agrees that the water provided by the CITY shall be used only for domestic use and residential landscape irrigation use. No use of CITY water for agricultural irrigation or other use atypical of residential use shall be allowed.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year hereinabove first written.

CITY OF MADERA OWNERS
By: ___________________________ By: ___________________________ Keith B. Helmuth, City Engineer Nadeem Ahmad
By: ___________________________ By: ___________________________ Santos Garcia, Mayor Shahzada Farooq
ATTEST:

By: ____________________________
Alicia Gonzales, City Clerk
APPROVED AS TO LEGAL FORM:

By: ____________________________
Hilda Cantú Montoy, City Attorney

ATTACH NOTARY ACKNOWLEDGEMENT

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing for Annexation No. 11 (Tract 20-S-02 Pecan Square Subdivision) into Community Facilities District No. 2005-1 (Public Services) and Related Actions.

RECOMMENDATION:

First, that Council hold public hearing and adopt the following Resolutions:

1. A Resolution of the City Council (Council) of the City of Madera, California (City) Authorizing Annexation (Annexation No. 11) of Territory to Community Facilities District (CFD) No. 2005-1 and Levy of Special Tax and Submitting the Levy of Tax to the Qualified Electors.

2. A Resolution of the Council of the City Calling a Special Election and Submitting to the Voters of Annexation No. 11 of CFD No. 2005-1 the Proposition Regarding the Annual Levy of Special Taxes Within Annexation No. 11 to Finance Police Protection Services, Fire Protection and Suppression Services, Park Maintenance, and Storm Drainage System Operation and Maintenance Within the District.

Second, Council conduct a Special Election of the Qualified Electors of Annexation No. 11 of the City’s CFD No. 2005-1 and Declaration and Certification of the Results Thereof.

Third, Council adopt a Resolution of the Council of the City Making Certain Findings, Certifying the Results of an Election and Adding the Territory Identified as Annexation No. 11 to CFD No. 2005-1.

C-1
SUMMARY:

At the Council’s August 17, 2022 meeting, the Council approved a resolution adopting a boundary map depicting the territory proposed for annexation, and approved a resolution declaring the City’s intention to annex the proposed territory into CFD No. 2005-1. At tonight’s meeting, after the close of the public hearing and adoption of the above-referenced resolutions, if the landowner elects to annex at the special election, the City can proceed with the annexation by adopting a resolution of annexation.

DISCUSSION:

On November 16, 2005, by Resolution No. 05-334, the City Council established CFD No. 2005- 1, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are used for the funding of police and fire protection services, storm drain infrastructure maintenance and operations, and park maintenance. Property owner assessments are paid as a component of the property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD No. 2005-1. Projects may be annexed one at a time, or in a group if they are ready at the same time.

Pecan Square (Tract 20-S-02) Subdivision, is prepared to proceed with the annexation process into CFD No. 2005-1. The project includes the development of 112 single-family residential units located on 21.84 acres of land. The boundaries of the Project consist of the area within the original assessor’s parcel number (APN) 012-480-005 and the updated APN 012-480-011 as depicted on Attachment 4. The APN is updated to allow the county to amend parcel numbers in instances where reconfiguration to the map book is required, voiding old parcel numbers and allowing space for new map pages.

Table 1: Project Overview
Project Name Owner Units Location
Pecan Square, Tract 20-S-02 D.R. Horton CA3 Inc. 112 W. Pecan Ave. & SR 145 As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD No. 2005-1 prior to recordation of the final subdivision map. This will comprise the 11th annexation (Attachment 5).

FINANCIAL IMPACT:

The 2022/23 Fiscal Year CFD 2005-1 assessment for single-family residential development is approximately $524.41 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 112 units in Annexation No. 11 will be $58,733.92. CFD No. 2005-1 includes an annual CPI adjustment, therefore this amount will grow over time. The process for annexation is funded by the developer and no General Fund monies are used for this effort.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792 on December 7, 2005, authorizing the levy of a Special Tax within CFD No. 2005-1 commencing in fiscal year 2006-07 and each year thereafter.

The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD No. 2005-1.

Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution of Annexation
Exhibit A – Rate and Method of Apportionment
Exhibit B – Ballot

2. Resolution Calling for Election
Exhibit A – Ballot

3. Resolution Results of Election
Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties

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

5. CFD No. 2005-1 Map
ATTACHMENT 1
Resolution of Annexation
Including:

Exhibit A – Rate and Method of Apportionment
Exhibit B – Ballot
RESOLUTION NO. _____

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

CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY
(ANNEXATION NO. 11) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND

SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this City Council (“Council”), on August 17, 2022, adopted Resolution No. 22- 134, (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Madera Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the “Act”); and
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed known as Pecan Square, Tract 20-S-02 Subdivision (“Annexation No. 11”) to CFD No. 2005-1, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein. Annexation No. 11 will consist of 112 single family residential units located on west of Highway 145 (Madera Avenue) and south of West Pecan Avenue; and
WHEREAS, on the 5th of October 2022, the Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 11 to CFD No. 2005-1 has been filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera as follows:

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

SECTION 2. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.

SECTION 3. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2005-1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be annexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows:

Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor as provided in the Rate and Method of Apportionment of the Special Taxes. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. The Special Tax provides only partial funding for police and fire services.

Park Maintenance of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain park improvements within the District, including recreational facilities, trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, public restrooms, signs, monuments, and associated appurtenant facilities located within the District.

Storm drainage system maintenance and operations of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain and operate the storm drainage system within the District.

SECTION 5. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 11, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 11, will be levied annually within the boundaries of Annexation No. 11 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 11 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 11 shall be submitted to the voters within Annexation No. 11 at a special election called therefor as hereinafter provided.

This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 11 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 11 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 11.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit “A,” which election will be conducted on October 5, 2022 (hereafter referred to as “Election Day”). The City Clerk is the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

SECTION 7. This resolution is effective immediately.

EXHIBIT A TO RESOLUTION OF ANNEXATION

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-1 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

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

The annual CPI used shall be for the area of San Francisco- Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained t1rou the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. ”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-1 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May Pt preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding anyAssessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. “Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or subassociation. ”Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rightsof-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
”Special Tax” meansthe Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
”Special Tax Requirement” means that amount required in any Fiscal Year for the District to:
(i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of
California.
”Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
”Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
”Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. DEVELOPED PROPERTY
TABLE 1

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

2. ENTITLED PROPERTY
TABLE 2

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

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

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

5. MULTIPLE LAND USE CLASSES
In some instances, an Assessor’s Parcel may contain more than one Land Use Class.

The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

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

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

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

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

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

EXHIBIT B TO RESOLUTION OF ANNEXATION
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 11

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, October 5, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 205 W Fourth Street, Madera, California, 93637.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Madera and obtain another.

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on August 17, 2022, where said Maximum Special Tax Rate for Fiscal Year 2022-2023 is $524.41 per Single-Family Residential Unit, $480.56 per Multi-Family Residential Unit and $279.91 per lot for Entitled Property and is subject to an Annual Tax Escalation Factor of the annual percentage change of the All Urban Consumers Price Index (CPI) or 3%?
YES:

NO:

By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/ Authorized Representative Signature: __________________________ ATTACHMENT 2
Resolution Calling for Election
Including:

Exhibit A – Ballot
RESOLUTION NO. _____

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

CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 11 OF CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) THE PROPOSITION REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 11 TO FINANCE POLICE PROTECTION

SERVICES, FIRE PROTECTION AND SUPPRESSION SERVICES, PARK

MAINTENANCE, AND STORM DRAINAGE SYSTEM OPERATION AND

MAINTENANCE WITHIN THE DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the “City Council”) of the City of Madera (hereafter referred to as the “City”) has adopted the resolution authorizing the annexation of territory known as Pecan Square, Tract 20-S-02 Subdivision (hereafter referred to as “Annexation No. 11”) to City of Madera Community Facilities District No. 2005-1, County of Madera, State of California (hereafter referred to as “CFD No. 2005- 1”). Annexation No. 11 will consist of 112 single family residential units located west of Highway 145 (Madera Avenue) and south of West Pecan Avenue; and WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 with respect to the levy of special taxes therein for the financing of police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within CFD No. 2005-1; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 11 the annual levy of special taxes on taxable property within Annexation No. 11; and
WHEREAS, the Community Development Director has advised the City Council that the property owners of the subject parcels have reported to the City staff that all of the subject parcels are uninhabited with no voters registered at the subject parcel. City Staff has personally visited the sites and found that there are no occupied dwellings on the subject parcels. Staff has advised the City Council that the annexation area qualifies as uninhabited as there are less than 12 persons registered to vote within Annexation No. 11; NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1, Annexation No. 11 as follows:

SECTION 1. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2005-1 for each of the 90 days preceding the close of the public hearing on October 5, 2022 (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2005-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 11 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 11 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions, (b) consented to the holding of the election on October 5, 2022, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on October 5, 2022.

SECTION 2. The City Council hereby calls and schedules a special election for October 5, 2022, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 11 to CFD No. 2005-1 to finance police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within Annexation No. 11 to CFD No. 2005-1.

SECTION 3. The proposition to be submitted to the voters of Annexation No. 11 at such special election shall be as follows:

Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on August 17, 2022.

SECTION 4. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 5. The procedures to be followed in conducting the special election on the proposition with respect to the levy of special taxes on taxable property within Annexation No. 11 to CFD No. 2005-1 to pay for police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within the District:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landownervoter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within Annexation No. 11 to CFD No. 2005-

1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the 5th day of October 2022; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 6. This resolution is effective immediately.

EXHIBIT A TO RESOLUTION CALLING FOR ELECTION
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 11

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, October 5, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 205 W Fourth Street, Madera, California, 93637.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Madera and obtain another.

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on August 17, 2022, where said Maximum Special Tax Rate for Fiscal Year 2022-2023 is $524.41 per Single-Family Residential Unit, $480.56 per Multi-Family Residential Unit and $279.91 per lot for Entitled Property and is subject to an Annual Tax Escalation Factor of the annual percentage change of the All Urban Consumers Price Index (CPI) or 3%?
YES:

NO:

By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/ Authorized Representative Signature: __________________________ ATTACHMENT 3
Resolution of Election
Including:

Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties
RESOLUTION NO. ____

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

MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF A SPECIAL ELECTION AND ADDING THE TERRITORY IDENTIFIED AS ANNEXATION NO. 11 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1
WHEREAS, the City Council of the City of Madera (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”); and
WHEREAS, the City Council initiated proceedings to annex certain territory known as Pecan Square, Tract 20-S-02 Subdivision (hereafter referred to as "Annexation No. 11") to Community Facilities District No. 2005-1 (Public Services). Annexation No. 11 will consist of 112 single family residential units located on west of Highway 145 (Madera Avenue) and south of West Pecan Avenue; and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 11 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexation No. 11 for each of the ninety (90) days preceding October 5, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 11 shall be the "landowners" of Annexation No. 11 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 11; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 11 to the qualified electors of Annexation No. 11 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 11; and WHEREAS, the City Clerk of the City of Madera has caused ballots to be distributed to the qualified electors of Annexation No. 11, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measures voted upon did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 11 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1 (Public Services), Annexation No. 11 as follows:

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

SECTION 2. This City Council does hereby determine as follows:
(a) The unanimous consent to the annexation of Annexation No. 11 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 11 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 11 for each of the ninety (90) days preceding October 5, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 11 shall be the "landowners" of such Annexation No. 11 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 11 have voted in favor of the levy of special taxes within Annexation No. 11 upon its annexation to CFD No. 2005-1.

SECTION 3. The boundaries and parcels of territory within Annexation No. 11 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. The City Council does hereby determine and declare that Annexation No. 11 is now added to and becomes a part of CFD No. 2005-1. The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special tax within Annexation No. 11.

SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows:

An Amendment No. 11 to the Amended Notice of Special Tax Lien shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. This resolution is effective immediately.
* * * * *
Exhibit A TO RESOLUTION OF RESULTS OF ELECTION
Certificate of Election Official and Statement of Votes Cast

STATE OF CALIFORNIA )
COUNTY OF MADERA ) ss.

CITY OF MADERA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 11

SPECIAL ELECTION
held in the City of Madera, on October 5, 2022.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 11 to Community Facilities District No. 2005-1 (Public Services) of the City of Madera for or against the Measure are full, true and correct.

VOTES CASTED: YES________
NO ________
WITNESS my hand this _____ day of _______________, 2022

EXHIBIT B TO RESOLUTION OF RESULTS OF ELECTION
Annexation Map

EXHIBIT C TO RESOLUTION OF ELECTION
List of Assessor Parcel Numbers and Landowners
APN Landowner
012-480-011-000 D.R. Horton CA3 Inc
ATTACHMENT 4
Pecan Square, Tract 20-S-02/TSM 2019-03 Subdivision Map Attachment 4 – Subdivision Map
ATTACHMENT 5
CFD No. 2005-1 Map
Attachment 5 – CFD No. 2005-1 Map

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing for Annexation No. 12 (Tract 21-S-01 Crown Tozer Subdivision) into Community Facilities District No. 2005-1 (Public Services) and Related Actions RECOMMENDATION:

First, that Council hold public hearing and adopt the following resolutions:

1. A Resolution of the City Council (Council) of the City of Madera, California (City) Authorizing Annexation of Territory (Annexation No. 12) to Community Facilities District (CFD) No. 2005-1 and Authorizing the Levy of Special Tax and Submitting the Levy of Tax to the Qualified Electors.

2. A Resolution of the Council of the City Calling a Special Election and Submitting to the Voters Of Annexation No. 12 of CFD No. 2005-1 the Proposition Regarding the Annual Levy of Special Taxes Within Annexation No. 12 to Finance Police Protection Services, Fire Protection and Suppression Services, Park Maintenance, and Storm Drainage System Operation and Maintenance Within the District.

Second, Council conduct a Special Election of the Qualified Electors of Annexation No. 12 of the City’s CFD No. 2005-1 and Declaration and Certification of the Results Thereof.

Third, Council adopt a Resolution of the Council of the City Making Certain Findings, Certifying the Results of an Election and Adding the Territory Identified as Annexation No. 12 to CFD No. 2005-1.

SUMMARY:

At the Council’s August 17, 2022 meeting, the Council approved a resolution adopting a boundary map depicting the territory proposed for annexation, and approved a resolution declaring the C-2
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City’s intention to annex the proposed territory into CFD No. 2005-1. At tonight’s meeting, after the close of the public hearing and adoption of the above-referenced resolutions, if the landowner elects to annex at the special election, the City can proceed with the annexation by adopting a resolution of annexation.

DISCUSSION:

On November 16, 2005, by Resolution No. 05-334, the Council established CFD No. 2005-1, a Mello Roos Community Facilities District with the intention that future development within the City would annex into this district. The special taxes collected from the property owners within the district are used for the funding of police and fire protection services, storm drain infrastructure maintenance and operations, and park maintenance. Property owner assessments are paid as a component of the property tax collection process. As was originally envisioned with the establishment of the CFD, future residential projects not included in the initial formation process are required to go through an annexation process in order to be included in CFD No. 2005-1. Projects may be annexed one at a time, or in a group if they are ready at the same time.

Crown Tozer (Tract 21-S-01) Subdivision, is prepared to proceed with the annexation process into CFD No. 2005-1. The project includes the development of 63 single-family residential units located on 17.27 acres of land. The boundaries of the Project consist of the area within the original assessor’s parcel number (APN) 008-180-009 as depicted on Attachment 4.

Table 1: Project Overview
Project Name Owner Units Location
Crown Tozer, Tract 21-S-01/TSM2020-01 Joseph Crown 63 Clinton & Tozer Streets As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD No. 2005-1 prior to recordation of the final subdivision map. This will comprise the 12th annexation (Attachment 5).

FINANCIAL IMPACT:

The 2022/23 Fiscal Year CFD No. 2005-1 assessment for single-family residential development is approximately $524.41 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 63 units in Annexation No. 12 will be $33,037.91. CFD No. 2005-1 includes an annual CPI adjustment, this amount will grow over time.

The process for annexation is funded by the developer and no General Fund monies are used for this effort.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792 on December 7, 2005, authorizing the levy of a Special Tax within CFD No. 2005-1 commencing in fiscal year 2006-07 and each year thereafter.

The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD No. 2005-1.

Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution of Annexation
Exhibit A – Rate and Method of Apportionment
Exhibit B – Ballot

2. Resolution Calling for Election
Exhibit A – Ballot

3. Resolution of Results of Election
Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties

4. Crown Tozer, Tract 21-S-01/TSM2020-01 Subdivision Map

5. CFD No. 2005-1 Map
ATTACHMENT 1
Resolution of Annexation
Including:

Exhibit A – Rate and Method of Apportionment
Exhibit B – Ballot
RESOLUTION NO. _____

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

CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY
(ANNEXATION NO. 12) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND

SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS
WHEREAS, this City Council (“Council”), on August 17, 2022, adopted Resolution No. 22- 136, (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Madera Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the “Act”); and
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed known as Crown Tozer, Tract 21-S-01 Subdivision (“Annexation No. 12”) to CFD No. 2005-1, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein. Annexation No. 12 will consist of 63 single family residential units located south of Clinton Street and east Tozer Street; and
WHEREAS, on the 5th of October 2022, the Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 12 to CFD No. 2005-1 has been filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera as follows:

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

SECTION 2. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act.

SECTION 3. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2005-1, and said territory is hereby annexed to CFD No. 2005-1, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be annexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows:

Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor as provided in the Rate and Method of Apportionment of the Special Taxes. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. The Special Tax provides only partial funding for police and fire services.

Park Maintenance of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain park improvements within the District, including recreational facilities, trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements, public restrooms, signs, monuments, and associated appurtenant facilities located within the District.

Storm drainage system maintenance and operations of the City of Madera, including but not limited to, labor, material, administration, personnel, equipment, and utilities necessary to maintain and operate the storm drainage system within the District.

SECTION 5. It is the intention of this legislative body that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 12, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 12, will be levied annually within the boundaries of Annexation No. 12 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 12 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 12 shall be submitted to the voters within Annexation No. 12 at a special election called therefor as hereinafter provided.

This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 12 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 12 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 12.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit “A,” which election will be conducted on October 5, 2022 (hereafter referred to as “Election Day”). The City Clerk is the election official to conduct the election and provided each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly.

SECTION 7. This resolution is effective immediately.

EXHIBIT A TO RESOLUTION OF ANNEXATION

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT 2005-1 (PUBLIC SERVICES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax of Community Facilities District No. 2005-1 of the City of Madera (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof shall be taxed for the purposes, to the extent and in the manner herein provided.

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

The annual CPI used shall be for the area of San Francisco- Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained t1rou the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index. “Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California. ”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units. ”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.
”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“District” means Community Facilities District No. 2005-1 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May Pt preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. “Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or subassociation. ”Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rightsof-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance.
”Special Tax” meansthe Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
”Special Tax Requirement” means that amount required in any Fiscal Year for the District to:
(i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.
“State” means the State of
California.
”Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
”Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.
”Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. DEVELOPED PROPERTY
TABLE 1

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

2. ENTITLED PROPERTY
TABLE 2

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

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

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

5. MULTIPLE LAND USE CLASSES
In some instances, an Assessor’s Parcel may contain more than one Land Use Class.

The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

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

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

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

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

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

EXHIBIT B TO RESOLUTION OF ANNEXATION
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 12

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, October 5, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 205 W Fourth Street, Madera, California, 93637.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Madera and obtain another.

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on August 17, 2022, where said Maximum Special Tax Rate for Fiscal Year 2022-2023 is $524.41 per Single-Family Residential Unit, $480.56 per Multi-Family Residential Unit and $279.91 per lot for Entitled Property and is subject to an Annual Tax Escalation Factor of the annual percentage change of the All Urban Consumers Price Index (CPI) or 3%?
YES:

NO:

By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/ Authorized Representative Signature: __________________________ □
□
ATTACHMENT 2
Resolution Calling for Election
Including:

Exhibit A – Ballot
RESOLUTION NO. _____

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

CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 12 OF CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES) THE PROPOSITION REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 12 TO FINANCE POLICE

PROTECTION SERVICES, FIRE PROTECTION AND SUPPRESSION SERVICES, PARK

MAINTENANCE, AND STORM DRAINAGE SYSTEM OPERATION AND

MAINTENANCE WITHIN THE DISTRICT
WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the “City Council”) of the City of Madera (hereafter referred to as the “City”) has adopted the resolution authorizing the annexation of territory known as Crown Tozer, Tract 21-S-01 Subdivision (hereafter referred to as “Annexation No. 12”) to City of Madera Community Facilities District No. 2005-1, County of Madera, State of California (hereafter referred to as “CFD No. 2005- 1”). Annexation No. 12 will consist of 63 single family residential units located south of Clinton Street and east Tozer Street; and
WHEREAS, by that resolution, the City Council called a special election on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 with respect to the levy of special taxes therein for the financing of police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within CFD No. 2005-1; and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 12 the annual levy of special taxes on taxable property within Annexation No. 12; and
WHEREAS, the Community Development Director has advised the City Council that the property owners of the subject parcels have reported to the City staff that all of the subject parcels are uninhabited with no voters registered at the subject parcel. City Staff has personally visited the sites and found that there are no occupied dwellings on the subject parcels. Staff has advised the City Council that the annexation area qualifies as uninhabited as there are less than 12 persons registered to vote within Annexation No. 12; NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1, Annexation No. 12 as follows:

SECTION 1. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2005-1 for each of the 90 days preceding the close of the public hearing on October 5, 2022 (iii) pursuant to Section 53326 of the California Government Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2005-1, whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 12 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 12 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions, (b) consented to the holding of the election on October 5, 2022, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the “City Clerk”) has consented to the holding of the election on October 5, 2022.

SECTION 2. The City Council hereby calls and schedules a special election for October 5, 2022, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 12 to CFD No. 2005-1 to finance police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within Annexation No. 12 to CFD No. 2005-1.

SECTION 3. The proposition to be submitted to the voters of Annexation No. 12 at such special election shall be as follows:

Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on August 17, 2022.

SECTION 4. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 5. The procedures to be followed in conducting the special election on the proposition with respect to the levy of special taxes on taxable property within Annexation No. 12 to CFD No. 2005-1 to pay for police protection services, fire protection and suppression services, park maintenance, and storm drainage system operation and maintenance within the District:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landownervoter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within Annexation No. 12 to CFD No. 2005-

1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the 5th day of October 2022; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 6. This resolution is effective immediately.

EXHIBIT A TO RESOLUTION CALLING FOR ELECTION
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 12

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, October 5, 2022 either by mail or in person. The City Clerk’s office is located at City Hall, 205 W Fourth Street, Madera, California, 93637.

To vote, mark in the voting square after the word “YES” or after the word “NO”. For a list of acceptable marks, please refer to the back of this ballot.

If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Madera and obtain another.

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on August 17, 2022, where said Maximum Special Tax Rate for Fiscal Year 2022-2023 is $524.41 per Single-Family Residential Unit, $480.56 per Multi-Family Residential Unit and $279.91 per lot for Entitled Property and is subject to an Annual Tax Escalation Factor of the annual percentage change of the All Urban Consumers Price Index (CPI) or 3%?
YES:

NO:

By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326 (a) and 53327 (b) of the California Government Code.

Acres Owned Within Territory Annexed:

Number of Votes:

Property Owner:

Property Owner/ Authorized Representative Signature: __________________________ □
□
ATTACHMENT 3
Resolution of Results of Election
Including:

Exhibit A – Statement of Votes Cast
Exhibit B – Annexation Map
Exhibit C – List of Properties
RESOLUTION NO. ____

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

MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF A SPECIAL ELECTION AND ADDING THE TERRITORY IDENTIFIED AS ANNEXATION NO. 12 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1
WHEREAS, the City Council of the City of Madera (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”); and
WHEREAS, the City Council initiated proceedings to annex certain territory known as Crown Tozer, Tract 21-S-01 Subdivision (hereafter referred to as "Annexation No. 12") to Community Facilities District No. 2005-1 (Public Services). Annexation No. 12 will consist of 63 single family residential units located south of Clinton Street and east Tozer Street; and WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 12 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexation No. 12 for each of the ninety (90) days preceding October 5, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 12 shall be the "landowners" of Annexation No. 12 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 12; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 12 to the qualified electors of Annexation No. 12 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 12; and WHEREAS, the City Clerk of the City of Madera has caused ballots to be distributed to the qualified electors of Annexation No. 12, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measures voted upon did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 12 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1 (Public Services), Annexation No. 12 as follows:

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

SECTION 2. This City Council does hereby determine as follows:
(a) The unanimous consent to the annexation of Annexation No. 12 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 12 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 12 for each of the ninety (90) days preceding October 5, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 12 shall be the "landowners" of such Annexation No. 12 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 12 have voted in favor of the levy of special taxes within Annexation No. 12 upon its annexation to CFD No. 2005-1.

SECTION 3. The boundaries and parcels of territory within Annexation No. 12 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. The City Council does hereby determine and declare that Annexation No. 12 is now added to and becomes a part of CFD No. 2005-1. The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special tax within Annexation No. 12.

SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows:

An Amendment No. 12 to the Amended Notice of Special Tax Lien shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. This resolution is effective immediately.

EXHIBIT A TO RESOLUTION OF RESULTS OF ELECTION
Certificate of Election Official and Statement of Votes Cast

STATE OF CALIFORNIA )
COUNTY OF MADERA ) ss.

CITY OF MADERA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF MADERA, COUNTY OF MADERA, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SERVICES)
ANNEXATION NO. 12

SPECIAL ELECTION
held in the City of Madera, on October 5, 2022.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 12 to Community Facilities District No. 2005-1 (Public Services) of the City of Madera for or against the Measure are full, true and correct.

VOTES CASTED: YES________
NO ________
WITNESS my hand this _____ day of _______________, 2022 Exhibit B TO RESOLUTION OF RESULTS OF ELECTION
Annexation Map
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Exhibit C TO RESOLUTION OF ELECTION
List of Assessor Parcel Numbers and Landowners
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ATTACHMENT 4
Crown Tozer, Tract 21-S-01/TSM 2020-01 Subdivision Map
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ATTACHMENT 5
CFD No. 2005-1 Map
Attachment 5 – CFD No. 2005-1 Map
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Identification of improvements for Inclusion in the Reconnecting Communities Pilot Program Grant for use on the Caltrans Downtown Madera CAPM (Capital Preventive Maintenance) and Council Direction Regarding Possible Use of Alternate Source of Funds Should it be Found Necessary
RECOMMENDATION:

Adopt a Minute Order Approving the City’s Project List for the Reconnecting Communities Pilot Program Grant (Grant) Application and Provide Direction Regarding Possible Use of an Alternate Funding Source for the Same Grant should it be found to be necessary SUMMARY:

In April 2020, the City Council (Council) adopted the State Route 145 Yosemite Avenue as Downtown Main Street Plan (Plan). This Plan was created to guide the development and redevelopment of the downtown district toward the vibrant, multi-cultural hub envisioned by Vision Madera 2025 and the City's General Plan. Caltrans has a project (Project) to improve State Route (SR) 145 for which they have indicated a willingness to construct some of the recommendations from the Plan. However, the original funding plan does not have sufficient funding to incorporate all of the Plan'srecommendations into their project. In furtherance of this goal, Council approved a consultant services contract with Mark Thomas and Company (MT) for grant preparation on August 17, 2022. As part of this grant application, MT is assisting in identifying improvements to be included in the grant application and ultimately the Project.

As part of coordination with MT, it has been determined that one of the requirements of the Grant requires a minimum local, non-federal match that is not currently built into the Project at the level necessary to meet grant requirements. The size of the match is also dependent on the number and size of proposed amenities to be added to the Project. Caltrans has agreed to modify their funding plan subject to award of the Grant.

E-1
DISCUSSION:

At present, MT is preparing an application for the Grant. As part of this effort, they have identified a number of improvements included in the Plan that can be added to the Project. The following improvements from the Plan are proposed to be added to the Grant application and therefore the Project if the application is successful:
 Wider Sidewalks – from E to B and A to High
 Rectangular Flashing Beacons at A and B Streets
 Decorative Street Lighting
 Landscape and Irrigation – Including shade trees in certain sidewalks and medians  Improved Drainage – to accommodate wider sidewalks
 High Visibility Crosswalks with Stamped Concrete at Intersections  Hardscape Improvements
 Street furniture - Including benches, trash receptacles, and potentially banner stands While staff is confident that each of the listed improvements would be considered beneficial to Council, staff however is seeking confirmation of the group of improvements and, in particular, the proposed widening of sidewalk, is acceptable. While most improvements can be considered without question, the widening of sidewalk should be considered relative to past Council discussion wherein it was recognized that there are no guarantees that future traffic demands will not exceed the capacity of the road diet portion of the project. Widening the sidewalks will involve a reduction of the street width from 73 feet to 68 feet, curb to curb, in some areas as depicted in Attachment 1. If the City considers reversing the road diet at some future time, the curb will either need to be moved back to its original location or left turn pockets at some intersections will not be able to be replaced. While the future success of the road diet can not be assured, it is staff’s opinion that the City will take steps in the future to maintain the road diet rather than allow it to be removed. It should be noted that at the time this report was finalized, Caltrans had not indicated their ability to include sidewalk widening as part of their Project.

Initially, it was understood that the Grant represented an ideal opportunity to expand the scope of the Project. Therefore, MT was retained to prepare the Grant application. As staff, MT and Caltrans progressed in their understanding of the Project scope, grant requirements and how the Project was funded, it became apparent that Caltrans assignment of funds to the Project was insufficient to meet Grant requirements. As a result, all parties agreed that an adjustment of funding was necessary to meet the minimum requirement for State or local funds. Following discussions with Caltrans, they agreed to seek an adjustment to the funding plan that would satisfy Grant requirements. As of the time this report was finalized, it had been verified that Caltrans would modify their funding plan if the Grant was approved.

Given the importance of this grant, it is staff’s opinion that an alternative funding source should be available should the funding plan approved by Caltrans be found deficient or unavailable for reasons that cannot be anticipated at this time. To that end, staff is seeking Council direction with regard to the possibility of applying one or more local sources such as Local Transportation Funds (LTF), Measure T RTP/3R or Measure T Supplemental Street Maintenance. Based on Caltrans ability to adjust the funding, we do not at present anticipate Caltrans funding to be unavailable. If it were found to be unavailable, match funds on the order of $1,000,000 might be required based on the current anticipated value of enhancements to the project. Presently, LTF appears to be the most flexible with approximately $4,100,000 unprogrammed funds.

Project applications are due October 13, 2022. It is expected the City would know the results within several months. Upon successful notification, Caltrans would incorporate the improvements into the Project and modify the funding plan to allow it to adhere to the Grant requirements.

FINANCIAL IMPACT:

There is no fiscal impact to the City's General Fund. The City is obligated to provide a local funding match for each project that is successful. This funding will be provided from available transportation funding sources the City receives.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

The Council may elect to adjust the priority listing, remove any of the projects from the list to be submitted for funding, or choose not to approve submitting any applications.

ATTACHMENTS:

1. Sidewalk Widening Limits
ATTACHMENT 1
Sidewalk Widening Limits

DOWNTOWN MADERA I DOWNTOWN CORE - YOSEMITE AVENUE - OPTION A

OPTION A

OPTION A
LEGEND
Reconstruct Roadway Vlfldth
from7'S to68"
[:=j COMMERCIAL

BUILDINGS
[:=j GOVERNMENT OWNED

BUILDINGS
- LANDSCAPE

ALLEY ACTIVATION
0 TRAFFIC SIGNAL He ~l~~E::L~E~OLOR ' " EXISTING STREET LIGHTS 0 ~c;;~~~U~~"c~l(~RFB) He ~ :il~~~;z\ ~~~OPY PROPOSED STREET LIGHTS e HIGH INTENSITY ACTIVATED 000 EXISTINGTREE CROSSWALK BEACON (HAWK) I
I
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i
R~struct
Roact,,,,ay Wdth
from 73' to 68'
66"-0' FOC to FOC
----
73' O" t JU~IH,;
100'-0"
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O' 40' 80

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Discussion and Direction regarding Developer Request to Add a Rolled Curb Standard to the City of Madera Standard Plans and Specifications
RECOMMENDATION:

This report is submitted for Discussion and Direction regarding Developer Request to Add a Rolled Curb Standard to the 2005 City of Madera Standard Plans and Specifications (Standards) SUMMARY:

The developer of a planned subdivision within the City of Madera has proposed that the conditions of approval originally approved by the City’s Planning Commission be amended to allow for the installation of rolled curb on the internal local streets within the subdivision rather than standard vertical (barrier) curb. Rolled curb is not currently permitted on new construction anywhere in the City as current Standards approved by City Council on May 18,2005 do not include a detail for rolled curb.

DISCUSSION:

Installation of rolled or wedge type curbs are not included as part of the current Standards. By virtue of their absence, construction of these types of improvements would not be permitted within public rightsof-way. While the City Engineer has authority to issue addendums as changes become necessary to the Standards as allowed by Resolution No. 05-130, inclusion of a new standard with meaningful changes in terms of operations and/or maintenance likely could not be construed as an envisioned necessity.

Rolled or wedge curbs, through their design, allow vehicles to easily mount or traverse them as opposed to the typical vertical curb and gutter found in the Standards, which require curb cuts and construction of a drive approach (driveway apron). This characteristic makes them an attractive feature for consideration by developers. Examples of each type of curb are provided in Attachment 1.

The use of rolled or wedge curbs provide a number of significant advantages to development of internal local streets within subdivisions and, in limited circumstances they may also be beneficial for use when E-2
standard driveway designs are found to be impracticable. Advantages to developments, many of which were provided by the developer, include:
 Less expensive to install – When installing curb and gutter, long stretches of curb can be installed without the need to manually form separate driveways.
 Easier to accommodate ADA accessibility behind driveways.  Ability to complete curb installation without risk and associated cost to move previously constructed driveways if those driveways do not align with the location required to service the future structure.
 Helps prevent water from weakening substructure by not utilizing saw cuts to remove old curb & gutter for installation of new driveways not envisioned during initial curb construction.  May help prevent wheel and tire damage to vehicles parking at the curb.

Because rolled or wedge curb provide for the ability to traverse at any place a driveway is needed, it likewise also allows for the ability to mount or traverse at any other location. That flexibility results in a number of possible disadvantages or concerns:
 Damage to Curb or Sidewalk - Where sidewalk is contiguous to the curb, sidewalk is easily parked on. This represents a possible repair cost to either a future homeowner or the City at some time in the future.
 Accessibility – Mounting of curb can result in sidewalks being obstructed to wheelchair or pedestrian passage.
 Damage to Street Furniture – Streetlights, fire hydrants, valve boxes and other appurtenances have greater potential to be damaged as they are more easily accessible.  Landscape Damage - May allow for driving into landscape areas.  Vehicular Damage – Depending on curb type or design, owners of some low-profile cars may discover that their cars bottom out in driveways causing damage to the vehicle undercarriage, suspension, or drivetrain.
 Pedestrian Safety – Vertical, barrier curbs are generally recognized as a deterrent to leaving the travel way. Rolled or wedge curbs, by their design represent less of a deterrent. The level of concern is greater as speed increases. As such, subdivisions represent the low end of safety concern based on the lower speeds. Drive approaches and associated curb cuts also more clearly demarcate vehicular access points, which can draw pedestrian attention to locations where vehicular movements may be expected.
 Drainage – Rolled or wedge curbs are shorter than their standard curb counterpart. Standard curb heights are 6-inches from flowline to top of curb while the examples provided in Attachment 1 vary between 3.6-inches and 4.5-inches. Shorter curb heights result in less storm water runoff volume being retained in the street unless storm systems (pipe) are designed to compensate for this reduced street capacity.

As part of this staff report, staff contacted several other nearby agencies to gain an understand of their experiences with rolled or wedge curb. The result of this research is as follows:

City of Fresno
 Type of Curb Included in City Standards – Wedge
 Input Received:
o Accessibility – Drivers park their vehicles half in street and half on sidewalk – City’s mitigation for this was to require base rock be placed under curb and sidewalk for locations where sidewalk is contiguous to curb in order to reduce potential damage to, and maintenance for, curb and/or sidewalk improvements. o Street Furniture - Streetlights and fire hydrants are apparently struck in sufficient numbers that the City requires vertical curbs in front of street furniture to prevent vehicle strikes.
o Maintenance Costs – They have not identified higher costs separate from vehicle strikes.  Notes - The standard was added by request from the development community City of Visalia
The following information is included because it was volunteered by the contact for City of Fresno as he previously worked in Visalia.
 Type of Curb Included in City standards – Rolled
 Input Received:
o Maintenance – A lot of old rolled curb was broken or damaged. The contact indicated this may have been because they were poorly constructed.

City of Clovis
 Type of Curb Included in City standards – None – Though, they allow wedge curb to be installed when requested. This evolved over time.
 Input Received:
o Accessibility – Drivers are known to park on it. Base rock was mentioned as a standard for curb in the City but staff was not able to confirm through review of the standard curb detail.
o Drainage – Flood Control District requires drop inlet spacing to be reduced due to shorter curb height
o Street Furniture – Drivers are more apt to hit streetlights and other street furniture are hit more often.
o Maintenance Costs
 Spalling of the top of curb has been identified as a common issue. The City is reviewing methods to reinforce the structure. As such, there are costs associated with it though undefined.
 Street Sweeping – Additional debris can be thrown onto sidewalk or yard. o Public Opinion – Its about 50/50 on the opinion of the public. There have been property owners that have requested permission to replace curb at driveways with normal drive approach. The City does not permit the change in driveway type.  They require transition to vertical curb at drop inlets. Side yards are not permitted wedge curb as there are no driveways.

County of Madera
 Type of Curb Included in County standards – None
 Type of Curb Included in other form – Wedge - The standard was developed and used for the communities of Riverstone and Tesoro Viejo near SR 41.
 Input Received:
o Areas of concern – None were noted.
 Notes
o While the standard is not found on the County’s website, the contact indicated they can be used in other locations in the unincorporated County. o The biologist for Tesoro Viejo is cited as requiring them because Tiger Salamanders cannot traverse vertical curb (i.e., can interfere with movement of native wildlife species and/or migratory corridors).

In addition to contacting nearby agencies, staff contacted the City of Madera Police Department (PD) as they are responsible for enforcement activities within the public right-of-way.

City of Madera PD
 Input Received:
o Areas of concern – The City does not currently allow either rolled or wedge curb. As such, they do not have explicit concerns, nor are they aware of any, for these types of curbs in residential areas
o Ability to Enforce Violations Associated with Curb – The City does not currently have sufficient staff to enforce illegal parking.

It has been indicated that the ADA Advisory Council may wish to provide comments with regard to this request. As this item only seeks discussion and direction, additional input from this committee will be presented at the next Council meeting should Council wish to convene a second meeting to formally consider approving the addition of a new curb type to the Standards.

In summary, the review indicates the City can expect that a number of the cited disadvantages may occur as a result of installing rolled or wedge curb that are largely not observed or an issue at present.

Because the request for adding a rolled curb or wedge curb to the Standards is something that every agency likely is asked to consider at some point, it is no surprise that the question can be viewed from the perspective of added convenience to the development community over the apparent disadvantages to the public as feedback from other agencies seems to support. As such, staff has not provided a recommendation as to whether rolled or wedge curb should be permitted. Instead, staff has provided recommendations for what might be considered if such a curb standard is approved. Those recommendations include:
 Allow wedge curb rather than rolled curb – Wedge curb appears to be the common standard for the City of Fresno and Madera County. Additionally, it likely is less jarring and/or damaging for vehicles entering driveways.
 Include the requirement for base rock under curb and sidewalk when sidewalk is contiguous to the curb similar to City of Fresno.
 Require meters have traffic rated lids unless protected in some other manner  Protect street furniture (lights and fire hydrants) – The only practical measure may be the use of existing vertical curb standard a reasonable distance to either side of the furniture – It should be understood that this recommendation, depending on the specific method of applying, may result in rolled or wedge curb not being cost effective compared to the current City standard.  Protect pedestrians – The only practical measure may be the inclusion of a landscaped park strip to create additional separation or incremental barrier street trees between the curb and sidewalk.  Enforcement – If practical at some point in future, the City should be prepared to enforce parking violations to mitigate ADA accessibility concerns. As noted above, it is not practical at this time.

FINANCIAL IMPACT:

This report has not attempted to quantify the magnitude of or the actual risk that damage may occur. As such, dollar values cannot be estimated in advance of a standard being implemented. If damages do occur, it is anticipated that homeowners would be responsible for curb and sidewalk damages. The City would be responsible for repairs to streetlights, fire hydrants and water meters. Implementation of one or more recommendations to mitigate possible damage may reduce or substantially eliminate costs associated with rolled or wedge curb.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Americans with Disabilities Act provisions have been discussed in this report. It is unclear if impacts will be realized that would in turn be contrary to Strategy 121.8 - Promote and encourage walking within the City.

Several other topics associated with the proposal are not directly addressed in the Vision Plan.

ALTERNATIVES:

Two possible alternatives include:
 Not adopt the resolution for the addition of a rolled curb standard - If Council does not approve the resolution, it would result in the inability to amend conditions of approval and allow for use of rolled curb within the City of Madera.
 Adopt the resolution for the addition of a rolled curb standard as a pilot program – The standard would be effective until a defined date. The program would then be reviewed by Council to determine if the standard will be maintained as permanent.

ATTACHMENTS:

1. Rolled and Wedge Curb Examples
Attachment 1
Rolled and Wedge Curb Examples
11 1/2" . I
3'-0"
1'-10'
a..
::J
6"
__ __ _ __ _ __ L io
1 5/8"
Q
," ii:,
CURB TYPE 3

BARRIER CURB

PLANTER AREA
CURB & GUTTER TYPE 1
0 ,n
I: 6'
~ R=1" ,j
i.,
10 (.)
0 u..
,j
a..
::J

LONGITUDINAL
BAR (1/2' DIA. )
SEE !c
NOTE6
--' u..

CURB & GUTTER TYPE 2

DRILL AND EPOXY
DOWEL (1/2" DIA.,
10" MIN. LENGTH
AND 18" 0/C).

EPOXY CURB TO

PAVEMENT
8 ,n
l',o
MEDIAN CURB TYPE 14

NONLANDSCAPED OR

HARDSCAPED AREA
ABBREVIATIONS:

FOC ... FACE OF CURB
BOC ... BACK OF CURB
FL ....... FLOWLINE
TFC ...• TOP FACE OF CURB

CITY OF SACRAMENTO DEPARTMENT OF PUBLIC WORKS
!c
Q "
MEDIAN CURB TYPE 14A

LANDSCAPED AREA

STANDARD CURB AND

GUTTER DETAILS
CURB TYPE 4
NOTES:

1. 12' MIN. A.B. SHALL BE PLACED

IF SUBGRADE IS EXPANSIVE CLAY
(R-VALUE LESS THAN 12).

2. TOP 6" OF SUBGRADE SHALL BE
COMPACTED TO 95% MIN., UNLESS

OTHERWISE APPROVED

3. 1/2" RADIUS ON EXPOSED EDGES.

4. ALL CONCRETE SHALL BE CL.ASS B.

5. ALL CONSTRUCTION & MATERIALS
IN CONFORMANCE WITH SECTION 24
OF STD. SPECIFICATIONS.

6. ACROSS THE PEDESTRIAN ROUTE AT

CURB RAMP LOCATIONS, THE GUTTER
PAN SLOPE SHALL NOT EXCEED 1' OF
RISE FOR EACH 2'--0" OF WIDTH.

REV. DATE DESCRIPTION
APPROVED BY: '"""-L
DATE: APRIL 2020 DWG. NO. T - 11

WEAKENED-PLANE JOINT DETAIL

PPROVED PLASTIC STRIP
½" RAD.
. " .. A :
. ., . : . WEAKENED-PLANE JOINT DETAIL

ALTERNATE DESIGN

GUTTER FLOWLINE
GRADE=0.15% MIN.
/
CROSS-SECTION OF s" COMPACTED NATIVE SUBGRADE
MONOLITHIC CURB & GUTTER TO 95%
3" CONC. SURFACE
___ L~~~~~~~~ED___l_ . . . . . 3•" ,.---,+--+-r-r
• FILL WITH 12" OF· CLEAN i :, : •:•_ • SOIL AND GRADE LEVEL TO . 1 :2" ' 3" BELOW THE TOP OF , CURBS

STANDARD
CURB
1/3 d 1/3 d - 1/ 4"

CONSTRUCTION JOINT DETAILS
)f' RADIUS
12" OR 16" •. •·
VER[_ ••• · . •.,•
NATIVE
95%
.E.

0.5' I
~ 8" ---I

CROSS-SECTION OF CURB
TOOL EDGES SEE STATE SPEC.
51-2.018( 1) (PREMOLDED

EXPANSION JOI NT FILLER)

JOINT DETAIL
~------22.5"-------

GUTTER FLOWLINE
GRADE=0.15% MIN.

WEDGE CURB &

DETAI L
~:•. I

CONCRETE SI DEWAL
6" CNS @ 95% PLACED SEPARATE FROM C
MIN. R.C. (lYP.) AND GUTTER PER CllY STDS.

RESIDENTIAL STREET WITH

WEDGE CURBS
MEDIAN ISLAND CAP AND 12" MAINTENANCE BAND SHALL
BE 3" THICK CONCRETE STAMPED IN A 12" SLATE PATTERN
& COLORED WITH DAVIS COLORS SAN DIEGO BUFF
(DOWNTOWN FRESNO SHALL BE MESA BUFF}; SEE NOTE 1
6" TOP OF CURB
18" 12"
CAP TO 8' (CURB

FACE TO CURB FACE)
~ R/W "- 18' or 20'
r---
1 HALF- STREET8 _-
5,-, --i----- -----.J
C:7..t:::~.!; ..... !__ +-- '<--- -=-._:.;c-""--::~-:--:-r ';-,;, -:-;:~:--:. -,:-S::';7"1 5" ~~~~1
6" CL2 AB
@ 95% MIN.

R.C. (lYP.)
" CNS @ 95%
MIN. R.C. {lYP.)

RESIDENTIAL STREET WITH WEDGE

CURBS AND ADJACENT SIDEWALKS
(WHEN APPROVED BY CllY ENGINEER)
NOTES:

1. EXPANSION JOINTS (NOT SHOWN) SHALL BE
PLACED EVERY 45' PER STD. DWG. P- 5
ISLAND PLAN VIEW 2 . FILL MEDIAN BEFORE PLACING BASE MATERIAL OR REF COMPACTING IN THE TRAVELED WAY . STD. DWGS. P- 6 2 & P- 63

CONCRETE CONSTRUCTION

DETAILS

REF & REV
dWJE 201 5
DEC. 2020 (A. 7)

CITY OF FRESNO
P-9

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 5, 2022
_________________________________ Agenda Number:

Arnoldo Rodriguez, City Manager
SUBJECT:

Update on Citywide Cannabis Process
RECOMMENDATION:

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

Per previous adopted ordinances, staff has been working on the implementation of the City’s Cannabis Program. The following is an update of previous and future actions.  The Council established a previous goal of awarding 6 standard or microbusiness cannabis business permits and 2 social equity cannabis business permits.  City staff kicked off the process by holding 2 informational Zoom meetings and notified over 100 interested parties on a city listserv of the meeting.  The application filing period opened on April 15, 2022 and the informational Zoom meetings were held on April 19 and April 21, 2022. Dozens of interested parties joined both meetings. The deadline to submit applications was June 20, 2022.

Phase I application process
Phase I of the process involved city staff issuing zoning verification letters and answering further questions by email or phone. The city received 26 standard and 2 social equity applications by the application deadline. HdL verified applications for completeness and the application guidelines gave applicants 5 days to “cure” incomplete applications. After the completeness review and the 5-day cure period, all 28 applications were deemed complete.

Phase II application process
All 28 applications were scored by HdL pursuant to evaluation criteria in the application procedures and guidelines. Applicants had to score 90 percent or higher to be able to continue E-3
in the process. All but 1 of the 26 standard applications scored over 90 percent. Both social equity applicants scored over 90 percent. The Application Guidelines state that the City will advance a minimum of 10 of the highest scored applications to a Phase III meeting. The guidelines further state the city has the option of advancing more than 10 applicants to the Phase III meeting. All applicants were notified by email of their individual scores and staff has continued to be available to answer any questions or concerns.

Hearing Officer RFP and Appeal Fee City Council Resolution Once the City determines the number of applicants that may advance to Phase III, those not invited to advance will be informed of their appeal rights. It is anticipated that at least some of the applicants not selected to advance will seek an appeal. In that regard, a Request for Proposal (RFP) seeking proposals from Law Firms to provide Appeal Hearing Officer services has been released. A contract award is scheduled to be made by November 16, 2022. Staff is researching the appropriate cost recovery to recommend an appeal fee to Council at a future meeting.

Phase III Meeting and Appeals Process
The City will invite selected applicants to the Phase III meeting which is a noticed hearing providing residents, businesses and community organizations an opportunity to provide comment or concerns. Those not invited will be informed of their appeal rights. Please let me know if you have any questions.

ALTERNATIVES:

This report is for informational purposes only.