Cities Index.
Agenda packet

Madera City Council
November 2, 2022

Document
Agenda packet
Meeting
November 2, 2022
Body
Madera City Council
Pages
353
Original file
24.6 MB
Text extracted from the city's file for reading and search. Open the original on www.madera.gov. That file is the official record.

Update 10/27/2022 at 9:45 p.m. Madera City Council Agenda Page 1 of 5 November 2, 2022

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

NOTICE AND AGENDA
Wednesday, November 2, 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: 811 4179 2607#. 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: Pam Grewal, Madera Sikh Temple
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 10/27/2022 at 9:45 p.m. Madera City Council Agenda Page 2 of 5 November 2, 2022
PRESENTATIONS:

1. Proclamation Recognizing November as Lung Cancer Awareness Month

2. California Low-Cost Auto Insurance (Presentation by Richie M. Sayavong, California Department of Insurance)
INTRODUCTIONS: None
A. WORKSHOP:

A-1 Brown Act Workshop and Future Governance Presentations Recommendation: Receive a presentation from the City Attorney focusing on the Brown Act and outlining future governance presentations; provide direction to City Attorney and City Manager regarding future governance presentations (Report by Hilda Cantu Montoy)
A-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 (Standards) (Report by Keith Helmuth) 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 – July 6, 2022, July 18, 2022, July 20, 2022 Recommendation: Approve the City Council Minutes of 7/6/22, 7/18/22, 7/20/22 B-2 Informational Report on Register of Audited Demands for October 8, 2022 to October 21, 2022
Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Acceptance of Memorial Monuments at Thaddeus Sran Playground at Centennial Park and Harlen and Sharon Rippetoe Horseshoe complex at Rotary Park Recommendation: Approve Minute Order Approving
1) Acceptance of the Construction of Memorial Monuments at Centennial Park and Rotary Park; and
2) The Recording of Notice of Completion; and
3) The release of retention 35 days after recording of the Notice of Completion (Report by Joseph Hebert)
B-4 Re-appropriate Prior Year (FY 2021/22) Unused Community Development Block Grant (CDBG) Budget Allocation to the General Fund for Parks Senior Nutrition and Recreation Program
Recommendation: Adopt a Resolution Approving Reinstatement of Prior Year (FY2021/22) unused/unspent CDBG Public Service Funds Allocated to the General Fund in the amount of $32,500, and Re-appropriate this same amount in the FY Update 10/27/2022 at 9:45 p.m. Madera City Council Agenda Page 3 of 5 November 2, 2022
2022/23 budget to the Parks and Community Services CDBG Senior Nutrition and Recreation Program (Report by Kingsley Okereke) B-5 Consideration of a Request by Ramona Alvarez for Connection to the City’s Water System Recommendation: Adopt a resolution Approving Agreement for Outside City Limits Water Connection for 16164 Road 26 (APN 038-110-027) (Report by Keith Helmuth)
B-6 Consideration of a Request by Ramona Alvarez for Connection to the City’s Water System Recommendation: Adopt a Resolution Approving Agreement for Outside City Limits Water Connection for 16248 Road 26 (APN 038-110-026) (Report by Keith Helmuth)
B-7 Acceptance and Appropriation of the Federal Transit Administration (FTA) Grant Awards for Section 5307 and 5339 funds for Procurement of Four Gas Transit Vehicles Recommendation:
1) Adopt a Resolution Amending the 2022/23 Budget to Appropriate the FTA Section 5307 and 5339 awarded grant funds in the FY 2022/23 Transportation Fixed Rout Revenue and Fixed Route Outlay Revenue Account; and
2) Adopt a Resolution Authorizing the Procurement of Transit Vehicles Utilizing Federal Transit Administration FTA Section 5307 Program Funds in the amount of $689,053 and Section 5339 Program Funds in the amount of $161,386 (Report by Kingsley Okereke) C. PUBLIC HEARINGS:

C-1 Public Hearing Regarding Annexation No. 13 (Tract 21-S-02 & S1-S-03/TSM 2020-04 Vineyard Estates Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions Recommendation:
1) Hold the Public Hearing; and
2) Adopt a Resolution Authorizing Annexation (Annexation No. 13) of Territory to Community Facilities (CFD) District No. 2005-1; Authorizing the Levy of a Special Tax; and Submitting the Levy of Tax to the Qualified Electors; and 3) Conduct the Election of the Qualified Electors of Annexation No. 13; and 4) Adopt a Resolution Making Certain Findings, Declaring and Certifying the Results of an Election, Adding the Territory Identified as Annexation No. 13 to CFD 2005-1 (Public Services), Annexation No. 13. (Report by Will Tackett)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Amendment No. 1 to the Consultant Services Agreement Between the City and QK, Inc.

Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Consultant Services Agreement between the City of Madera and QK, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $65,000 (Report by Will Tackett)
D-2 Utilization of Three-Party Agreements for Professional Environmental Consultation Services Update 10/27/2022 at 9:45 p.m. Madera City Council Agenda Page 4 of 5 November 2, 2022
Recommendation: Adopt a Resolution Approving a Program for the City of Madera’s Use of Three-Party Agreements for Purposes of Providing Professional Environmental Consultation Services for Projects (Report by Will Tackett) D-3 Actions related to Reimbursement to Developer for Almond Park Improvements Recommendation: Adopt a Resolution Approving Reimbursement to Joseph Crown Construction and Development for Almond Park (Report by Keith Helmuth)
E. ADMINISTRATIVE REPORTS:

E-1 Parks & Community Services Department FY 2022-23 Planned Improvement Projects Recommendation: This report is submitted to provide the City Council an informational report on the status of the Parks & Community Services Department FY 2022-23 Planned Improvement Projects (Report by Joseph Hebert) E-2 Appoint Councilmembers for the PG&E Working Group
Recommendation: Per Minute Order, appoint up to three Councilmembers to represent the City for the PG&E Working Group (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: None
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, November 16, 2022
 Wednesday, December 7, 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.

Update 10/27/2022 at 9:45 p.m. Madera City Council Agenda Page 5 of 5 November 2, 2022
 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 November 2, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 9:45 p.m. on October 27, 2022. _______________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
Agenda Number: ___________
Hilda Cantú Montoy, City Attorney
SUBJECT:

Brown Act Workshop and Future Governance Presentations
RECOMMENDATION:

Receive a presentation from the City Attorney focusing on the Brown Act and outlining future governance presentations; provide direction to City Attorney and City Manager regarding future governance presentations.

SUMMARY:

The Council has previously given direction to this office and the City Manager regarding governance presentations. At this meeting, the City Attorney will provide a presentation to the Council regarding the Brown Act. The City Attorney and City Manager will also outline upcoming presentations including:
 City Council Rules of Procedure
 Relationship Building Among Mayor and Council
 Mayor and Councilmember Roles and Authority
 Ethics and Conflicts of Interest
 Public Records Act
 Due Process
 City Events Policy and Use of City Logo
The plan is to retain a facilitator to conduct the relationship session at a Special Meeting. It is anticipated that the other sessions will be half hour sessions and can be accommodated during a Regular Meeting. We note that a record will be kept and upon completion of sessions required per Assembly Bill 1234 Training (Ethics Training for Local Officials), a Certificate will be provided.

A-1

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Workshop - 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:

This workshop is presented as a follow up to a presentation to City Council on October 5, 2022 to provide City Council additional opportunity to consider the request. Rather than referring to the earlier report, this staff report is largely duplicative of that earlier report for ease of review though it does contain updates and additions as were determined to be appropriate in an expanded discussion.

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-2
a drive approach (driveway apron). This characteristic makes them an attractive feature for consideration by developers. Examples of rolled curb and wedge curb are provided in Attachments 1 and 2, respectively.

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 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 Attachments 1 and 2 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 understanding 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.

Since the Council meeting on October 5, staff also met with the City’s ADA Advisory Council to seek their input as staff indicated it would do.

City of Madera ADA Advisory Council (AAC)
 Input Received:
o The AAC believes rolled or wedge curb represent a safety issue with regard to pedestrians. o If additional flood water tops curb, it may represent an accessibility issue. o Cars parked on sidewalk can block accessibility.
o Visibility issues – As described, it appears the concern was associated with pedestrians or people in wheelchairs needing to go around cars in the street if sidewalk is blocked.  On a vote of six out of seven Councilmembers, they do not support rolled or wedge curb even with a park strip separating sidewalk from curb and state that safety should be prioritized.

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.  Clarify that finish floor of structure shall be 18-inches above curb flow line as this is sometime referenced as 12 inches above top of curb. – This is a new recommendation from previous meeting.
 Mitigate potential for vehicles to park in yard areas outside of driveways - Consider amendment(s) to the text of the City Municipal Code to incorporate provisions relative to the percentage of front yard (and/or street side yard) areas required to be landscaped vs. percentage permissible to be paved or surfaced with non-plant materials.

As part of the workshop, the objectives will be to first consider the request itself. Does Council wish to allow forthe option to use a rolled or wedge curb be included within the Standards based upon the various factors Council wishes to consider as part of the question? If so, what type should be permitted; rolled or wedge and what types of mitigation, if any, will be included. The questions may be taken in the format provided in Table 1
Table 1: Decision Matrix
Yes No Select Curb Type Use
Mitigation?
Allow Rolled or Wedge Curb w/out Mitigation
measures?
Allow Rolled or Wedge Curb with Mitigation measures?
Require Park Strip
Require Base Rock
Require Traffic Rated Meter Lids
Require Vertical Curb Near Street Furniture
Require Vertical Curb on Cross Streets or Just
Main Entry
Amend Code – Landscape Percentage
Other Measures
Approve as Pilot Program – How Many Years
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.

During the regularly scheduled meeting of the City Council on October 5, 2022, staff received feedback from Councilmembers expressing interest in aesthetic concerns. Consideration of the adoption of new public street improvement standards and/or consideration of accompanying mitigation which may include but not be limited to inclusion of park strips within street rights of way and/or text amendments pertaining to requirements for landscaping within private yard areas along street frontages can be tied to Strategy 126.3 – Update streetscape landscape design and installation standards to create clean, safe, and aesthetically pleasing streets. Strategy 134 – Establishment of design/landscape/tree canopy standards and shading requirements and enforcement of visual standards for neighborhoodsis also identified within the Vision Plan.

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

ALTERNATIVES:

Alternatives are provided as part of the discussion above but generally include:
 Not move forward with a future meeting to consider approval of a resolution allowing rolled or wedge curb - If Council does not move forward, it would result in the inability to amend conditions of approval and allow for use of rolled curb within the City of Madera.  Adopt a resolution at a future meeting for the addition of a rolled or wedge curb standard with possible mitigation measures.
 Adopt a resolution at a future meeting for the addition of a rolled or wedge curb standard as a pilot program with possible mitigation measures – 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 Curb Examples

2. Wedge Curb Examples
Attachment 1
Rolled Curb Examples
1 •
11 1/2" . I
3'-0"
1'-10'
a..
::J
__ __ ______ L
1 5/8"
CURB TYPE 3

BARRIER CURB

PLANTER AREA
CURB & GUTTER TYPE 1
0 C)
Cl 0 2'-8"
I :
u..
6' 2'-0"
~
t-,,
" . " " . 10
a..
::J
: I
L1
• L1 4

LONGITUDINAL
BAR (1/2' DIA. )
....I
u..
s 3'4" -l-'--1 ........ ---' t
SEE !c
NOTES
CURB & GUTTER TYPE 2

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

EPOXY CURB TO

PAVEMENT
8 Cl
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
• a
MEDIAN CURB TYPE 14A

LANDSCAPED AREA

STANDARD CURB AND

GUTTER DETAILS
CURB TYPE 4
NOTES

1.12' MIN. AB. 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 CLASS 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

Attachment 2
Wedge Curb Examples
½" RAD.

WEAKENED-PLANE JOINT DETAIL
'fOOL EDGES

PPROVED PLASTIC STRIP
• d

WEAKENED-PLANE JOINT DETAIL

ALTERNATE DESIGN
l---1 0"

GUTTER FLOWLINE
GRADE=0.15% MIN.

CROSS-SECTION OF 5" COMPACTED NATIVE SUBGRADE
MONOLITHIC CURB & GUTTER TO 95%

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

CONSTRUCTION JOINT DETAILS
½" RADIUS
12" OR 16" 4 . • ·
VER[_ :• · . •d•
"
R ¾"
NATIVE
95%
.E.

0.5' I
I
l--8"-l

CROSS-SECTION OF CURB

TOOL EDGES
... _. .d ..

SEE STATE SPEC.
51-2.018(1) (PREMOLDED

EXPANSION JOI NT FILLER)
. 1/ 2" • .

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

GUTTER FLOWLINE
GRADE=0.15% MIN.

WEDGE CURB &

DETAI L

CONCRETE SI DEWAL
6 .. · CNS @ 95% PLACED SEPARATE FROM C
R/ W
Ci. 18' or 20'
IHALF- sTREET
8 - _-
5 .-. ---r:-=;_J.~,.1.-~=""-:.:~~~~~:._~~~~~~~~- MIN. R.C. (lYP.) AND GLITTER 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
6" CL2 AB @ 95% MIN. .. CNS @ 95%
MIN. R.C. {lYP.)
(DOWNTOWN FRESNO SHALL BE MESA BUFF}; SEE NOTE 1
6" TOP OF CURB
18" 12"
CAP TO 8' (CURB

FACE TO CURB FACE)
ISLAND PLAN VIEW REF. STD. DWGS. P- 62 & P- 63

CONCRETE CONSTRUCTION

DETAILS
R.C. (lYP.}

RESIDENTIAL STREET WITH WEDGE

CURBS AND ADJACENT SIDEWALKS
(WHEN APPROVED BY CllY ENGINEER}
J::!.QIES;,

1. EXPANSION JOINTS (NOT SHOWN) SHALL BE
PLACED EVERY 45' PER STD. DWG. P-5
2 . FILL MEDIAN BEFORE PLACING BASE MATERIAL OR

COMPACTING IN THE TRAVELED WAY

REF & REV
dWJE 2015
DEC. 2020 (A. 7)

CITY OF FRESNO
P - 9

City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 1 of 13

Minutes of a Regular Meeting of the Madera City Council July 20, 2022 Council Chambers
6:00 p.m. City Hall
The Council Chambers will be open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 878 3600 4294#. 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 (Zoom)
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 (Zoom)
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, Interim Director of Financial Services Kingsley Okereke, Fire Division Chief Matt Watson, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, IS Manager Mark Souders, Interim Director of Parks and Community Services Joseph Hebert, Planning Manager Gary Conte, Chief of Police Dino Lawson, Interim Director of Public Works Jamie Hickman, Deputy City Engineer Randy Bell, Finance Consultant Vicki Crow, Grants Program Manager David Huff and Communication Specialist Joseph Carrello.

INVOCATION: Jesse Chavez, The Well Church and Madera Rescue Mission PLEDGE OF ALLEGIANCE: Mayor Pro Tem Evans
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, THE AGENDA WAS APPROVED BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

Item: B-1
Minutes for: 07/20/2022
Adopted: 11/02/2022 I
City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 2 of 13
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.

Khalid Chaudry mentioned he was the property owner of 300 Madera Avenue and that it should have been grandfathered in for alcohol and tobacco sales. Mr. Chaudry stated that the Planning Commission did not have anyone with business related knowledge.

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

WRITTEN COMMUNICATIONS: None
PRESENTATIONS: None
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.

No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, THE CONSENT CALENDAR WITHOUT ITEM B-7 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
City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 3 of 13

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
B-1 Minutes – 09/01/21, 02/16/22, 03/02/22, 03/16/22
Recommendation: Approve the City Council Minutes of 09/01/21, 02/16/22, 03/02/22, 03/16/22
B-2 Informational Report on Register of Audited Demands for June 25, 2022 to July 8, 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 Contract Award for Request for Proposals (RFP) 202122-13 Account Collection Services to CB Services, Inc.

Recommendation: Adopt a Resolution Awarding the Contract to CB Business Services, Inc. for RFP 202122-13, Account Collection Services (Report by Kingsley Okereke) RES 22-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR ACCOUNT
COLLECTION SERVICES, RFP 202122-13 TO CB MERCHANT SERVICES, INC.

B-5 Agreement for Design Services for Olive Park
Recommendation: Adopt a Resolution Awarding a Contract under RFQ No. 202122-15 to O’Dell Engineering for design services for Olive Park and Approving a Consultant Services Agreement in the amount of $238,013 (Report by Joseph Hebert)
RES 22-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONSULTANT SERVICES AGREEMENT WITH

O'DELL ENGINEERING FOR DESIGN SERVICES OF OLIVE PARK IN THE AMOUNT OF $238,013
B-6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 2022/23 Grant Recommendation: Adopt a Resolution Authorizing Submission of an Application to the Edward Byrne Memorial Justice Assistance Grant Program for Fiscal Year 2022/23 (Report by Kingsley Okereke)
RES 22-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR

AWARD TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT

PROGRAM
B-7 Letter of Appreciation for Senator Caballero
Recommendation: Letter of Appreciation to Senator Anna Caballero for her support for the Avenue 13 Sewer Rehabilitation Project (Report by Arnoldo Rodriguez) City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 4 of 13

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM B-7 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
C. PUBLIC HEARINGS:

C-1 Public Hearing Relating to Potential Increases in Water, Sewer, Storm Drainage and Solid Waste Rates
Recommendation: Staff recommends that the Council take the following actions:
1) Conduct public hearing to receive written protests and public testimony regarding proposed increases in proposed water, sewer, storm drainage and solid waste rate adjustments.
2) Direct staff to tally all valid written protests and report as to whether a majority protest of proposed water, sewer and solid waste exists.
3) Water, Sewer, and Solid Wastes: If a majority protest does not exist relative to water, sewer, and/or solid waste rates, adopt the following resolution(s):
a. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Water Furnished by the City for a five-year period and Repealing Resolution 15-156 and all Other Resolutions in Conflict Herewith; and b. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Sewer Furnished by the City and Repealing Resolution 15- 157 and All Other Resolutions in Conflict Herewith; and c. Resolution of the City Council of the City of Madera, California, Establishing Monthly Rates to be Charged for Solid Waste Services Furnished by the City and Repealing Resolution 13-76 and All Other Resolutions in Conflict herewith Direct staff to tally the storm drainage ballots and report the results.
4) Storm Drainage: If a majority of the votes approve the adjustment to storm drainage rates, adopt the Resolution Establishing Monthly Rates to be Charged for Storm Drainage Service’s furnished by the City and Repealing Resolution 92-120 and All Other Resolutions in Conflict Herewith (Report by Kingsley Okereke)
Gary Green spoke in opposition of rate increases. He mentioned that several years ago they raised the rates and then a few months later, Council gave themselves a raise.

Cynthia Ortegon spoke in opposition of rate increases. If they are going to increase the rates, she just asks that the City be more efficient in the use of those funds. She stated there is a lot City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 5 of 13
of metal and trash on the streets. Lots of people do not know when the street sweepers pass on the streets. She would like that information to be on the City’s newsletter.

Khalid Chaudry stated he has solutions. Blue trashcans can be picked up every other week instead of weekly. That saves money and that money should be transferred to customers. He stated that Council should pass a law that the increases should not be more than the CPI (Consumer Price Index). He also stated that he questions NBS as he received 20 letters for the proposed rates but only has three properties.

Cecelia Bach spoke in opposition of the rate increases. She stated that she has noticed water leaks on the road after the city-wide clean-up when large dumpsters are pulled along the streets. This also happens when work crews with heavy equipment do road work. She suggested that smaller dumpsters may help alleviate the problem.

Rich Leak (?) spoke in opposition of the rate increases. He thanked Council for the clean-up of the Fresno River. He stated Council can space out the increases so that it does not his customers all at once.

Chris Mariscotti owner and operator of the Vineyard Restaurant stated he is not opposition of the rate increases. He is in opposition of the food industry taking a greater hit that other commercial and non-commercial businesses in the sewer rate increases. He would like the increases to be more equitable.

Candy Talley doesn’t like rate increases but she doesn’t think it is correct to blame this Council for these issues. These issues were because their predecessors did not do what needed to be done.

Angelica Aguilar had concerns about the way the surveys were done. She had concerns about some customers getting many surveys like a previous person commented. She stated that there can be a fine assessed when vehicles are not moved during that area’s street sweeping.

That would also give the City funds.

Wayne Padilla submitted questions by email regarding solid waste, street sweeping and solid waste.

Mr. Garza wanted to know if NBS was contracted out or the highest bid. He also wanted to know if those documents were public record. Consultant for Finance Department Vicki Crow said it was a competitive bid. City Attorney Hilda Cantu Montoy stated that once bids are awarded everything is public record that can be requested.

Mr. Padilla asked if his questions were going to be answered. City Attorney Hilda Cantu Montoy stated questions have been read and once public hearing is closed, more responses will be provided.

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

Mayor Garcia stated that anyone with written protest or ballots should hand them to the City Clerk at this time as they will not be accepted once the Public Hearing is closed.

City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 6 of 13
Mayor Garcia closed the Proposition 218 Public Hearing. City Clerk was asked and responded that written protest and ballots were received and will be counted in the lobby and is open to the public.

Mayor Garcia recessed this item at 7:76 p.m. for counting and tabulation of ballots and continued with the rest of the agenda items.

Mayor Garcia reconvened this item at 10:21 p.m. and asked City Clerk Alicia Gonzales for the tabulation of votes. Ms. Gonzales gave the following information:

The City received 26 protests regarding the proposed Water Rates.

The City received 37 protests regarding the proposed Sewer Rates.

The City received 31 protests regarding the proposed Solid Waste Rates.

The City received 285 “Yes” votes and 1,443 “No” votes regarding the proposed Storm Drainage Rates.

City Attorney Hilda Cantu Montoy stated that the City sent out 16,685 for Water, Sewer, Solid Waste, and Storm Drainage.

The proposed Storm Drainage Rates had a majority of protests and Council may not proceed to adopt the resolution.

The proposed Water, Sewer and Solid Waste did not have a majority of protests and Council may proceed with adoption of those resolutions.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-1(3)(a, b, c) WAS APPROVED BY A 6/1 VOTE. NOES: COUNCILMEMBER MEJIA. ABSENT: NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
NO: 1 - COUNCILMEMBER MEJIA
RES 22-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR

WATER FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD AND REPEALING RESOLUTION 15-156 AND ALL OTHER RESOLUTIONS IN CONFLICT

HEREWITH
RES 22-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR SEWER City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 7 of 13

FURNISHED BY THE CITY FOR A FIVE-YEAR AND REPEALING RESOLUTION 15-157 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH
RES 22-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ESTABLISHING MONTHLY RATES TO BE CHARGED FOR SOLID

WASTE AND STREET SWEEPING FURNISHED BY THE CITY FOR A FIVE-YEAR PERIOD AND REPEALING RESOLUTION 13-76 AND ALL OTHER

RESOLUTIONS IN CONFLICT HEREWITH
C-2 Public hearing to approve the Community Development Block Grant (CDBG) 2022-2023 Action Plan final funding allocations and subrecipient agreements including an updated recommendation of allocated funds towards McNally Park
Recommendation: Conduct a public hearing to receive final public input on the 2022/2023 Action Plan and:
1) Approving a Subrecipient Agreement for Services ($5,000) with Madera Coalition for Community Justice; and
2) Approving a Subrecipient Agreement for Services ($32,500) with Madera Rescue Mission; and
3) Approving a Subrecipient Agreement for Services ($35,400) with O.L.I.V.E. Charitable Organization; and
4) Approving a Subrecipient Agreement for Services ($10,000) with Pequeños Empresarios; and
5) Approving a Subrecipient Agreement for Services ($34,000) with Madera Coalition for Community Justice; and
6) Approving a Subrecipient Agreement for Services ($21,401.50) with City of Madera, Parks & Community Services; and
7) Approving a Subrecipient Agreement for Services ($20,000) with Community Action Partnership of Madera County, Inc.; and
8) Approving a Subrecipient Agreement for services ($25,000) with City of Madera Engineering Department; and
9) Approving a Subrecipient Agreement for Services ($25,000) with City of Madera Public Works Department (Report by Kingsley Okereke)

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY MAYOR PRO TEM EVANS, ITEM C-2 WAS APPROVED BY A 6/1 VOTE. NOES: COUNCILMEMBER GALLEGOS. ABSENT:

NONE. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 8 of 13

MAYOR GARCIA
NO: 1 - COUNCILMEMBER GALLEGOS
RES 22-104 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($5,000) WITH

MADERA COALITION FOR COMMUNITY JUSTICE
RES 22-105 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($32,500) WITH

MADERA RESCUE MISSION
RES 22-106 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($35,400) WITH O.L.I.V.E. CHARITABLE ORGANIZATION
RES 22-107 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($10,000) WITH

PEQUENOS EMPRESARIOS
RES 22-108 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($34,000) WITH

MADERA COALITION FOR COMMUNITY JUSTICE
RES 22-109 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($21,401.50) WITH CITY

OF MADERA, PARKS & COMMUNITY SERVICES
RES 22-110 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($20,000) WITH COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY, INC.

RES 22-111 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($25,000) WITH THE

CITY OF MADERA, ENGINEERING DEPARTMENT
RES 22-112 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2022/23 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($25,000) WITH THE

CITY OF MADERA, PUBLIC WORKS DEPARTMENT
City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 9 of 13
C-3 Public Hearing to Consider Declaration of Nuisances and Abatement Order for Overgrown Weeds
Recommendation: Conduct a Public Hearing to consider any objections to the proposed removal of overgrown weeds and adopt a resolution ordering the abatement of weed nuisances in the City (Report by Dino Lawson)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-3 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 22-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO ABATE WEED

NUISANCES EXISTING WITHIN THE CITY OF MADERA
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Designation of a Stakeholder Group to Participate in a High Road Transition Collaborative for the Community Economic Resiliency Fund Program CERF
Recommendation: Adopt a Resolution to Designate a member to Serve as a Stakeholder for the High Road Transition Collaborative for the Central Valley Community Economic Resiliency Fund Program (CERF) (Report by Arnoldo Rodriguez) City Clerk Alicia Gonzales informed Council that the recommendation states this is a resolution but it is a minute order.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-1 MINUTE ORDER 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 July 20, 2022
Madera, CA 93637 Page 10 of 13
D-2 Designation of a Voting Delegate and Alternates for the League of California Cities 2022 Annual Conference
Recommendation: Adopt a Resolution to Designate a Voting Delegate and up to two Alternates for the 2022 League of California Cities’ Annual Business Meeting (Report by Arnoldo Rodriguez)
City Clerk Alicia Gonzales informed Council that the recommendation states this is a resolution but it is a minute order.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-2 MINUTE ORDER DESIGNATING COUNCILMEMBER GALLEGOS AS THE VOTING DELEGATE AND COUNCILMEMBER MEJIA AS ALTERNATE #1 AND COUNCILMEMBER MONTES AS ALTERNATE #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
D-3 Calling for and Giving Notice of the Holding of a General Municipal Election to be Held on November 8, 2022 for the Election of Council Members for Districts 1, 3, and 5; and requesting that the Madera County Clerk Render Specified Election Services Recommendation: Adopt a Resolution calling for and requesting consolidation of the City’s general election with the Statewide election on November 8, 2022, for the election of Council Members for Districts 1, 3, and 5 and that the Madera County Clerk render specified election services relating to the conduct of the election (Report by Alicia Gonzales)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-3 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 July 20, 2022
Madera, CA 93637 Page 11 of 13
RES 22-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS OF THE CITY OF MADERA FOR COUNCIL MEMBERS OF DISTRICTS 1, 3, AND 5 TO BE HELD IN THE CITY OF MADERA ON NOVEMBER 8, 2022 AS REQUIRED

BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING CONSOLIDATION THEREOF WITH THE STATEWIDE ELECTION TO BE HELD ON THE SAME DATE; AND

REQUESTING THAT THE MADERA COUNTY BOARD OF SUPERVISORS

AUTHORIZE THE MADERA COUNTY CLERK TO RENDER SPECIFIED SERVICES

TO THE CITY OF MADERA RELATING TO THE CONDUCT OF THE GENERAL

MUNICIPAL ELECTION
D-4 Provide an Update on the Progress of the Madera Transit Plan and Request Approval to enter into a Phase 2 Agreement with WSP USA, Inc.

Recommendation: Adopt a Resolution Approving the Agreement with WSP USA, Inc. for Phase 2 of the Madera Transit Plan: Outreach and Implementation in the amount of $87,391.24 (Report by Kingsley Okereke)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-4 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 22-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

APPROVING AN AGREEMENT WITH WSP USA FOR THE OUTREACH AND

IMPLEMENTATION OF PHASE TWO OF THE MADERA TRANSIT PLAN OF THE

MADERA METRO TRANSIT SERVICES SYSTEM
D-5 Grant Offer for Airport Improvement Program (AIP)
Recommendation: Adopt a Resolution Authorizing the City Manager to execute the Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0144-034- with the Federal Aviation Administration in the amount of $1,172,875 (Report by Arnoldo Rodriguez)
City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 12 of 13

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-5 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 22-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA

APPROVING AN AIRPORT RESCUE GRANT AGREEMENT WITH FEDERAL

AVIATION ADMINISTRATION
E. ADMINISTRATIVE REPORTS:

E-1 Discussion and Direction regarding a proposed Temporary Sewer Lift Station to serve the Villages at Almond Grove
Recommendation: This report is submitted for Discussion and Direction regarding a proposed Temporary Lift Station for a portion of The Villages at Almond Grove Specific Plan (Report by Arnoldo Rodriguez)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM E-1 REQUESTING THAT STAFF, LEGAL COUNSEL AND DEVELOPER GO BACK AND WORK ON THIS PROJECT 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
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.

City of Madera City Council Minutes
205 W. 4th Street July 20, 2022
Madera, CA 93637 Page 13 of 13
Councilmember Gallegos congratulated Evolution Strength and Condition on expanding their gym.

She thanked City staff who are currently counting the Prop 218 ballots for the utility rates being considered at the meeting.

Councilmember Rodriguez provided an update on the recent MCTC meeting and predicted that the Measure T initiative would be on the November 2022 ballot for residents and taxpayers to consider extending. He thanked Precision Engineering and KB Homes for their partnership on the Village D at Almond Grove discussed in item E-1.

Councilmember Montes had nothing to report.

Councilmember Mejia mentioned her involvement in the CERF meeting and that she looks forward to Madera’s participation in the process.

Mayor Pro Tem Evans had nothing to report.

Councilmember Villegas had nothing to report.

Mayor Garcia had nothing to report.

Meeting was recessed at 10:02 p.m. to get an update on Item C-1 Prop 218 counting of ballots.

G. CLOSED SESSION: None
ADJOURNMENT: Meeting was adjourned at 10:26 p.m.

UPCOMING MEETING DATES:
 Wednesday, August 3, 2022
 Wednesday, August 17, 2022
CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk
City of Madera City Council Minutes
205 W. 4th Street July 18, 2022
Madera, CA 93637 Page 1 of 3
Minutes of the Special Meeting of the Madera City Council July 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: 844 2249 2403#. 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 6:03 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Anita Evans, District 4
Councilmember Cece Gallegos, District 1
Councilmember Steve Montes, District 3
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6

Absent: Councilmember Jose Rodriguez, District 2
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, IS Manager Mark Souders, Interim Director of Public Works Jamie Hickman, Public Works Administrative Analyst Adam Gonzales and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Evans
PLEDGE OF ALLEGIANCE: Councilmember Gallegos
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, THE APPROVAL OF AGENDA WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER RODRIGUEZ. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES
Item: B-1
Minutes for: 07/18/2022s
Adopted: 11/02/2022
City of Madera City Council Minutes
205 W. 4th Street July 18, 2022
Madera, CA 93637 Page 2 of 3

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
ABSENT: 1 - COUNCILMEMBER RODRIGUEZ
PUBLIC COMMENT:

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

No Public Commented was presented or submitted. Public Comment was closed.

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

A-1 Award of Contract to Agee Construction Corporation for Airport Improvements Recommendation: Adopt a Resolution Approving the Award to Agee Construction Corporation for the Madera Municipal Airport Airfield Drainage Improvements Project in the amount of $1,042,095 (Report by Jamie Hickman)

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

COUNCILMEMBER RODRIGUEZ. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
ABSENT: 1 - COUNCILMEMBER RODRIGUEZ
RES 22-97 RESOLUTION OF THE CITY OF MADERA AUTHORIZING THE NOTICE OF AWARD

TO AGEE CONSTRUCTION CORPORATION FOR THE MADERA MUNICIPAL

AIRPORT AIRFIELD DRAINAGE IMPROVEMENTS PROJECT
ADJOURNMENT: The meeting was adjourned at 6:20 p.m. The next regular meeting is on July 20, 2022.

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

City of Madera City Council Minutes
205 W. 4th Street July 18, 2022
Madera, CA 93637 Page 3 of 3
ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk
City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 1 of 9

Minutes of a Regular Meeting of the Madera City Council July 6, 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: 830 1447 6149#. 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 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

Absent: Mayor Santos Garcia
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 Kingsley Okereke, Fire Division Chief Matt Watson, Director of Human Resources Wendy Silva, IS Manager Mark Souders, Interim Director of Parks and Community Services Joseph Hebert, Planning Manager Gary Conte, Chief of Police Dino Lawson, Police Lieutenant/Interim Director of Public Works Dan Foss, Interim Director of Public Works Jamie Hickman, Financial Services Manager Anthony Forestiere, Assistant Engineer Jonathan Gramajo, Deputy City Engineer Ellen Bitter, Police Officer II Michael Powell and Communication Specialist Joseph Carrello.

INVOCATION: Jesse Chavez, The Well Church
PLEDGE OF ALLEGIANCE: Councilmember Villegas
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA WITH REMOVAL OF ITEM B-10 AND ITEM D-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE.

ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

Item: B-1
Minutes for: 07/06/2022
Adopted: 11/02/2022
City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 2 of 9
THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1 – 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.

DJ Becker spoke on illegal fireworks and asked Council to be proactive in updating essential ordinances.

Cynthia Ortegon thanked Interim Director of Public Works Dan Foss for his service.

Carmina Rodriguez spoke on blood donation and asked that citizens be informed through the City of Madera newsletter of the importance of blood donations.

Fire Division Chief Matt Watson gave a quick update on the Fresno River clean up. He stated that in addition to the Madera Irrigation District (MID) crews, City of Madera Public Works crews, City of Madera Parks and Community Services crews, and City of Madera Fire Department crews; CalFire fire fighter hand crews did about 680 hours’ worth of work. He thanked City of Madera Public Works crews for providing the bathrooms; the City of Madera Parks and Community Services Department for chipping branches and Fire Station 58 for providing the logistical needs for those crews.

Fire Division Chief Matt Watson stated that the 4th of July was a very busy night for the City Fire Department. There were 52 total incidents within the City of Madera. City Fire Department responded to 24 fires within the City. Madera County Fire Department responded to 12 fires within the City. There were 14 additional calls for service and the City responded for the County with 3 additional fires. There were times where they couldn’t respond to number of emergencies coming in. They staffed two additional engines for that night, but it still wasn’t enough. The City helped County and County helped the City so they were able to cover those fires closely.

Fire Division Chief Matt Watson stated that the Madera Police Department had 20 additional officers on duty that night. There were 21 arrests and/or citations that night.

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

WRITTEN COMMUNICATIONS: None
City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 3 of 9
PRESENTATIONS:

1. Fresno River Clean-up Update

2. Certificate of Recognition – Daniel Foss
INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

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

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, THE CONSENT CALENDAR WITH REMOVAL OF ITEM B-10 DURING APPROVAL OF THE AGENDA, WAS APPROVED BY A 5/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA AND COUNCILMEMBER GALLEGOS. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 - COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 2 - MAYOR GARCIA

COUNCILMEMBER GALLEGOS
B-1 Minutes – October 20, 2021
Recommendation: Approve the City Council Minutes of October 20, 2021 B-2 Informational Report on Register of Audited Demands for June 4, 2022 to June 24, 2022 Recommendation: No Action Required (Report by Kingsley Okereke) B-3 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for information purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-4 Participation in the Madera County Multi-Jurisdictional Local Hazard Mitigation Plan Update Recommendation: Adopt a Resolution Approving a Letter of Commitment as a participating jurisdiction in the Madera County Multi-Jurisdictional Local Hazard Mitigation Plan Update and Authorizing the City Manager to sign the letter (Report by Wendy Silva)
RES 22-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A LETTER OF COMMITMENT AS A PARTICIPATING

JURISDICTION IN THE MADERA COUNTY MULTI-JURISDICTIONAL LOCAL City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 4 of 9

HAZARD MITIGATION PLAN UPDATE AND AUTHORIZING THE MAYOR TO

SIGN THE LETTER OF COMMITMENT
B-5 Approval of Employee Health and Welfare Plans for Calendar Year 2023 Recommendation: Adopt a Minute Order
1) Approving the Renewal of the City’s Health and Welfare Plans for Calendar Year 2023; and
2) Authorizing the City Manager to execute any documents necessary to effectuate the plan renewals (Report by Wendy Silva)
B-6 Temporary Authority for the City Manager to offer higher than C-step for Senior Civil Engineer and Senior Planner candidates
Recommendation: Adopt a Resolution providing the City Manager temporary authority to offer candidates considered for Senior Civil Engineer and Senior Planner positions higher than C-step on the assigned salary range for the classification (Report by Wendy Silva)
RES 22-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA PROVIDING

THE CITY MANAGER TEMPORARY AUTHORITY TO OFFER SENIOR CIVIL

ENGINEER AND SENIOR PLANNER CANDIDATES HIGHER THAN C-STEP ON

THE ASSIGNED SALARY RANGE
B-7 Agreement for Continued Participation in the Central Valley Employment Relations Consortium
Recommendation: Adopt a Minute Order Approving the Agreement for Special Services with Liebert Cassidy Whitmore in the amount of $2,466 and authorize the City Manager to Execute the Agreement (Report by Wendy Silva) B-8 Adoption of Updated Salary Schedule
Recommendation: Adopt a Resolution Approving the Revised City of Madera Full Time Salary Schedule Reflecting the Two Percent Cost-of-living Adjustment for Applicable Positions and Reducing the Assigned Salary Range for Director of Community Development (Report by Wendy Silva)
RES 22-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA SETTING

THE RATE OF COMPENSATION FOR THE DIRECTOR OF COMMUNITY

DEVELOPMENT CLASSIFICATION AND ADOPTING THE CITY OF MADERA FULL TIME SALARY SCHEDULE EFFECTIVE JUNE 18, 2022
B-9 Contract Award for Bid Package 1 - RRFB and Safety Improvements at George Washington Elementary School, AHSC Agreement No. 19-AHSC-12761, City Project No. R-94 Recommendation: Adopt a Resolution Approving the Contract Award for Bid Package 1 – RRFB and Safety Improvements at George Washington Elementary School, AHSC Agreement No. 19-AHSC-12761, City Project No. R-94, in the amount of $177,210.00 to Bush Engineering, Inc. (Report by Keith Helmuth) City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 5 of 9
RES 22-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE CONTRACT AWARD FOR BID PACKAGE 1-

RRFB AND SAFETY IMPROVEMENTS AT GEORGE WASHINGTON
ELEMENTARY SCHOOL, AHSC AGREEMENT NO. 19-AHSC-12761, CITY PROJECT NO. R-94, IN THE AMOUNT OF $177,210 TO BUSH ENGINEERING, INC. AND AUTHORIZING CONSTRUCTION CONTINGENCIES RELATING TO

THE CONTRACT
B-10 Agreement for Design Services for Olive Park
Recommendation: Adopt a Resolution Awarding a contract under Request for Qualifications (RFQ) No. 202122-15 to O’Dell Engineering for design services ofOlive Park and approving a Consultant Services Agreement in the amount of $238,013.00 (Report by Joseph Hebert)
This item was removed during approval of the agenda.

B-11 Contract Award for Building Demolition at 651 East 4th Street and 16557 Austin Street Recommendation: Adopt a Resolution Approving the Contract Award in the amount of $118,432.00 to MAG Engineering, Inc. (Report by Mathew Watson) RES 22-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR BUILDING
DEMOLITIONS AT 651 EAST 4TH STREET AND 16557 AUSTIN STREET (PROJECT) IN THE AMOUNT OF $118,432.00. AND AUTHORIZE

CONSTRUCTION CONTINGENCIES RELATED TO THE CONTRACT
B-12 Remote City Council Meetings Under Brown Act Requirements (AB 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 22-94 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
C. PUBLIC HEARINGS:

C-1 Public Hearing Relating to Annexation of Pecan Square into the Citywide Landscape and Lighting Assessment District (LMD)
Recommendation: Adopt a Resolution Approving Annexation No. 2022-03 for Annexation of Pecan Square Subdivision (Tract No. 20-S-02) into Zone of Benefit 8, Confirming the Diagram and Assessment for Citywide Lighting and Landscaping Assessment District Zone of Benefit 8 for FY 2023/24; and City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 6 of 9
Authorizing the City Clerk to File the Diagram and Assessment with the Madera County Auditor (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM C-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1 - MAYOR GARCIA
RES 22-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING ANNEXATION NO. 2022-03 FOR ANNEXATION OF PECAN SQUARE SUBDIVISION (TRACT NO. 20-S-02) INTO ZONE OF BENEFIT 8;

CONFIRMING THE DIAGRAM AND ASSESSMENT FOR CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT ZONE OF BENEFIT 8 FOR FISCAL YEAR (FY) 2023/24; AND AUTHORIZING THE CITY CLERK TO FILE THE DIAGRAM

AND ASSESSMENT WITH THE MADERA COUNTY AUDITOR
C-2 Measure T Renewal on the November General Election
Recommendation: Adopt a Resolution:
1) Supporting the Madera County Transportation Authority for the continued countywide imposition of a one half of one percent (0.5%) sales tax to fund transportation improvements in Madera County; and
2) Approving the Proposed Transportation Measure T Renewal Investment Plan and Associated Implementing Guidelines; and
3) Extending the life of the Madera County Transportation Authority perpetually or until the Authority no longer has debt or other contractual obligations outstanding relating to Measure T or any subsequently commencing sales tax (Report by Arnoldo Rodriguez)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM C-2 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS
City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 7 of 9

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1 - MAYOR GARCIA
RES 22-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA CALIFORNIA,

APPROVING THE MEASURE T RENEWAL INVESTMENT PLAN
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Contract Extension with Mid-Valley
Recommendation: Item continued to future City Council Meeting (Report by Arnoldo Rodriguez)
D-2 Receive and File – Update on the State Water Board’s emergency resolution to reduce water demand and improve water conservation
Recommendation: Receive and file an update on the State Water Resources Control Board (State Water Board) Emergency Resolution to reduce water demand and improve water conservation in response to the Governor’s declared statewide drought (Report by Daniel Foss)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM D-2 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1 - MAYOR GARCIA
E. ADMINISTRATIVE REPORTS:

E-1 Report Regarding Tenant Protection Rights
Recommendation: Receive Report on The California Tenant Protection Act of 2019 (AB 1482), the City’s Authority to enforce, and Options for Council Consideration, discuss, and provide direction to staff, if any (Report by Arnoldo Rodriguez)
City Attorney Hilda Cantu Montoy presented this report.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM E-1 TO HAVE STAFF COORDINATE A MEETING WITH STAKEHOLDERS,

AGENCIES, TENANTS AND LANDLORDS IN ORDER TO ENGAGE IN CONVERSATION WITH THE City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 8 of 9
OPTIONS PRESENTED AS WELL AS OTHERS THAT THEY MAY HAVE WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 6 - COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
ABSENT: 1 - MAYOR GARCIA
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.

Councilmember Gallegos highlighted Procurement Services Manager Jennifer Stickman, the Parks and Community Services Department and the Police Department on their work for the recent Car Seat and Helmet Giveaway, in which 30 car seats and 50 helmets were provided to Madera families. She also mentioned the Fair Camp hosted by the Parks and Community Services Department, Madera District Fair and MAD Kid Camp hosted by the Police Department. Councilmember Gallegos thanked the Madera Kiwanis Club and City Staff for their diligent efforts in trying to secure a replacement vendor for the Fireworks Spectacular.

Councilmember Rodriguez mentioned that he attended the 4th of July Golf Tournament and praised the Parks and Community Services Department for hosting the event. He stated his team placed 3rd in the competition. He urged Staff and the public to attend next year. Councilmember Rodriguez asked for guidance from the Police Department regarding the strains that could arise on Police Department staff if a potential Fireworks Ordinance were put into effect regarding illegal fireworks.

Councilmember Montes praised City Staff for their efforts in responding to resident concerns.

Mayor Pro Tem Evans acknowledged her colleagues and City Staff for being pleasant and cooperative to work with. She reiterated her appreciation for those who are working in the Fresno River Cleanup Project.

Councilmember Mejia mentioned she and Councilmember Montes attended the Madera Soccer League’s recent tournament in support of local teams.

Councilmember Villegas announced that the Madera County Art Authority has approved a logo as MCAA and will have signage for their future building. They are currently considering sites for their new location.

City of Madera City Council Minutes
205 W. 4th Street July 6, 2022
Madera, CA 93637 Page 9 of 9
G. CLOSED SESSION: None
ADJOURNMENT: Meeting was adjourned at 8:30 p.m.

UPCOMING MEETING DATES:
▪ Wednesday, July 20, 2022
▪ Wednesday, August 3, 2022
CONSISTENCY WITH THE VISION MADERA 2025 PLAN
Approval of the minutes is not addressed in the vision or action plans; the requested action is also not in conflict with any of the actions or goals contained in that plan.

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEON, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of:  November 2, 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 October 8, 2022 to October 21, 2022 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of October 8, 2022 to October 21, 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 34314 – 34422 $3,788,664.67
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $631,653.46
SDI   EDD $2,469.62
CalPERS Payment CalPERS $124,043.69
DISCUSSION:

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

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the approved 2022/2023 budget.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

ALTERNATIVES:

Informational only.

ATTACHMENTS:

Register of Audited Demands

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34314 10/11/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 07/22 31,876.30 $ 34314 10/11/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 08/22 29,733.97 $ 34315 10/11/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 2,800.00 $ 34316 10/11/2022 CITY ADMIN CITY ATTORNEY MONTOY LAW CORPORATION CITY ATTORNEY CONTRACTED LEGAL SERVICES 16,892.75 $ 34317 10/11/2022 PW ADMIN STREETS URANGO, MARIO TUITION REIMBURSEMENT 2,400.00 $ 34318 10/11/2022 FLEET SEWER OPS CALIFORNIA AIR RESOURCES BOARD CARB PERMIT FEES 735.00 $ 34319 10/11/2022 IS COMPUTER MAINT GOVCONNECTION, INC. LAPTOP REPLACEMENTS 18,687.51 $ 34319 10/11/2022 IS COMPUTER MAINT GOVCONNECTION, INC. PD BACKUP SERVER DRIVES 8,899.97 $ 34319 10/11/2022 FLEET FLEET ACQUISITION GOVCONNECTION, INC. PD GETAC TABLET 10,956.12 $ 34320 10/11/2022 PARKS PARKING DIST OPS ELITE MAINTENANCE AND TREE SERVICE 09/22 DOWNTOWN MAINTENANCE GROUP 1 455.00 $ 34320 10/11/2022 PARKS PARKS ELITE MAINTENANCE AND TREE SERVICE 09/22 NON‐MEDIAN MAINTENANCE GROUP 2 5,070.00 $ 34320 10/11/2022 PARKS MEDIAN LANDS ELITE MAINTENANCE AND TREE SERVICE 09/22 MEDIAN MAINTENANCE GROUP 3 11,215.00 $ 34321 10/11/2022 PD OPS SUPP LAW ENF GERALD BUUS HORSE BOARDING 10/01/22‐09/01/2023 1,800.00 $ 34322 10/11/2022 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP ‐ BULK PROPANE 3,437.23 $ 34323 10/11/2022 PD OPS PARKS O&E TRANSPORTATION LLC RIVER CLEAN UP 8,025.00 $ 34324 10/11/2022 ENGINEERING ENGINEERING BETTENCOURT, STEVE REIMBURSEMENT ‐ CALTRANS COURSE 50.00 $ 34325 10/11/2022 ENGINEERING WATER CAPITAL ORANGE COAST TITLE COMPANY OF PRELIMINARY REPORT 1,200.00 $ 34326 10/11/2022 FINANCE AIRPORT OPS AT&T 09/22 CALNET 3 SVS 9391026409 25.30 $ 34326 10/11/2022 FINANCE CENTRAL ADMIN AT&T 09/22 CALNET 3 SVS 9391026406 23.19 $ 34326 10/11/2022 FINANCE FINANCE AT&T 09/22 CALNET 3 SVS 9391026406 23.19 $ 34326 10/11/2022 FINANCE HR/RISK MGT AT&T 09/22 CALNET 3 SVS 9391026400 24.87 $ 34326 10/11/2022 FINANCE PARKS AT&T 09/22 CALNET 3 SVS 9391026412 169.51 $ 34326 10/11/2022 FINANCE PARKS ADMIN AT&T 09/22 CALNET 3 SVS 9391031580 268.25 $ 34326 10/11/2022 FINANCE SEWER OPS AT&T 09/22 CALNET 3 SVS 9391026410 48.06 $ 34326 10/11/2022 FINANCE SR CITIZEN COMM AT&T 09/22 CALNET 3 SVS 9391026415 64.24 $ 34326 10/11/2022 FINANCE WWTP AT&T 09/22 CALNET 3 SVS 9391026405 25.85 $ 34326 10/11/2022 FINANCE WWTP AT&T 09/22 CALNET 3 SVS 9391026417 34.73 $ 34326 10/11/2022 FINANCE PD OPS AT&T 09/22 CALNET 3 SVS 9391026414 354.42 $ 34326 10/11/2022 PD OPS PD OPS AT&T 09/22 CALNET 3 SVS 9391064552 307.40 $ 34327 10/11/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 07/22 BLOOD ALCOHOL ANALYSIS 1,295.00 $ 34328 10/11/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY PLOTTER PAPER 129.66 $ 34329 10/11/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 354.00 $ 34330 10/11/2022 ENGINEERING GENERAL TRUST COOPER CHASE CONSTRUCTION REIMBURSEMENT ‐ ENCROACHMENT PERMIT 31,700.00 $ 34331 10/11/2022 GRANTS TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ TRANSIT 80.00 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 ‐ UNION BANK GENERAL ACCOUNT November 2, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34331 10/11/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING ‐ PAC 36.00 $ 34331 10/11/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING ‐ PAC 432.00 $ 34331 10/11/2022 PARKS COMM & REC DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING ‐ JWYC 336.00 $ 34332 10/11/2022 CITY ADMIN COMMUNITY PROMO ECONOMIC DEVELOPMENT COMMISSION 1ST QTR FY 22/23 EDC CONTRIBUTION 44,857.25 $ 34333 10/11/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 09/16/22‐09/30/22 16,680.00 $ 34334 10/11/2022 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE ‐ 9912637 200.00 $ 34334 10/11/2022 FINANCE WATER CONSERV CITY OF MADERA CLOTHES WASHER REBATE ‐ 9926061 200.00 $ 34334 10/11/2022 FINANCE WATER CONSERV CITY OF MADERA TOILET REPLACEMENT REBATE ‐ 9910460 200.00 $ 34334 10/11/2022 FINANCE SA ADMIN CITY OF MADERA QUARTERLY PARKING ASSESSMENT 113.69 $ 34335 10/11/2022 PD OPS ANIMAL CONTROL MADERA COUNTY ANIMAL SERVICES FY 22/23 4 OF 12 13,781.25 $ 34336 10/11/2022 CITY ADMIN COMMUNITY PROMO MADERA COUNTY LAFCO‐MADERA COUNTY FY 22/23 CONTRIBUTION 53,297.85 $ 34337 10/11/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 259.37 $ 34338 10/11/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 08/22 645,981.03 $ 34338 10/11/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 09/22 675,920.36 $ 34338 10/11/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 10/22 673,580.13 $ 34339 10/11/2022 FINANCE CFD DEBT ‐ 2006 BOND WILLDAN FINANCIAL SERVICES CFD 2005‐1 & 2006‐1 ADMIN FEE 2ND QTR 22/23 3,039.74 $ 34340 10/11/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 3919620697‐3 120.98 $ 34340 10/11/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 8126770647‐1 415.37 $ 34340 10/11/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 96.37 $ 34340 10/11/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 1,678.48 $ 34340 10/11/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 09/22 SERVICE 8307681856‐2 1,009.41 $ 34340 10/11/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 1,804.10 $ 34340 10/11/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 921.09 $ 34340 10/11/2022 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 09/22 SERVICE 2000655655‐7 2,614.95 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 5237156686‐1 39.29 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 4318089701‐9 19.85 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 8178280304‐3 145.85 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 7949615676‐5 17.71 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 3642526071‐2 56.21 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 3352588453‐3 142.46 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 3499945233‐6 93.68 $ 34340 10/11/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 28,251.28 $ 34340 10/11/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 09/22 SERVICE 2173157566‐4 2,349.85 $ 34340 10/11/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 2,160.84 $ 34340 10/11/2022 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 1,355.74 $ 34340 10/11/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 190.27 $ 34340 10/11/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 09/22 SERVICE 878887242‐9 11.19 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34340 10/11/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 2,000.64 $ 34340 10/11/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 2,734.65 $ 34340 10/11/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 313.07 $ 34340 10/11/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 56.86 $ 34340 10/11/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9651992016‐7 163.60 $ 34340 10/11/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9172110863‐6 22,815.82 $ 34340 10/11/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 181,014.96 $ 34340 10/11/2022 FINANCE WWTP PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 188.07 $ 34340 10/11/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 10.87 $ 34340 10/11/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 25.15 $ 34340 10/11/2022 FINANCE ZONE 20B PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 21.63 $ 34340 10/11/2022 FINANCE ZONE 27B PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 10.92 $ 34340 10/11/2022 FINANCE ZONE 2 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 53.32 $ 34340 10/11/2022 FINANCE ZONE 3 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 40.44 $ 34340 10/11/2022 FINANCE ZONE 31B PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 25.15 $ 34340 10/11/2022 FINANCE ZONE 4 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 11.30 $ 34340 10/11/2022 FINANCE ZONE 6A PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 66.30 $ 34340 10/11/2022 FINANCE ZONE 29C PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 11.14 $ 34340 10/11/2022 FINANCE ZONE 8 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 68.42 $ 34340 10/11/2022 FINANCE ZONE 16 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 22.91 $ 34340 10/11/2022 FINANCE ZONE 13 PACIFIC GAS & ELECTRIC 09/22 SERVICE 3533032414/0922 138.56 $ 34341 10/11/2022 GRANTS TRANS ‐ FIXED PECK'S PRINTERY OUTREACH SERVICES ‐ TRANSIT 1,623.75 $ 34342 10/11/2022 ENGINEERING WATER CAPITAL QUAD‐KNOPF ENGINEERING PROFESSIONAL ENGINEERING SERVICES 5,890.62 $ 34343 10/11/2022 WWTP WWTP WESTERN OILFIELDS SUPPLY COMPANY EQUIPMENT RENTAL 3,110.62 $ 34344 10/11/2022 PW ADMIN SEWER OPS SJVAPCD AIR BOARD PERMIT FEE 98.00 $ 34345 10/11/2022 WWTP WWTP SYNAGRO WEST, INC. BIOSOLIDS DISPOSAL 1,214.19 $ 34346 10/11/2022 GRANTS TRANSIT CENTER TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL ‐ TRANSIT 150.00 $ 34347 10/11/2022 GRANTS TRANSIT CENTER VILLA GARDENING SERVICE INC 09/22 LAWN SERVICE ‐ TRANSIT 500.00 $ 34347 10/11/2022 PARKS PARKS VILLA GARDENING SERVICE INC 09/22 LAWN SERVICES ‐ ACCORNERO 330.00 $ 34347 10/11/2022 PW ADMIN FACILITIES MAINT VILLA GARDENING SERVICE INC TREE TRIMMING ‐ PW 1,950.00 $ 34348 10/11/2022 PARKS ADMIN PARKS WEST COAST ARBORISTS, INC. TREE TRIMMING 29,600.00 $ 34349 10/11/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 3,000.00 $ 34350 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9925638 124.25 $ 34351 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9916640 124.31 $ 34352 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 6460361 144.62 $ 34353 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9920472 251.69 $ 34354 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9915197 179.37 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34355 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9922407 120.80 $ 34356 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9908919 307.01 $ 34357 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9925852 84.56 $ 34358 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9921643 136.39 $ 34359 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9923609 102.16 $ 34360 10/11/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 6735064 80.67 $ 34361 10/11/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1,512.89 $ 34361 10/11/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 34362 10/11/2022 PARKS GENERAL TRUST OTP‐ PARKS REFUNDS FACILITY DEPOSIT REFUND ‐ FRANK BERGON CENTER 100.00 $ 34363 10/11/2022 FINANCE WATER FUND OTP‐ UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 150.00 $ 34364 10/12/2022 HR HR/RISK MGT MONTEMAYOR, PETRA BALLOON DISPLAYS ‐ HEALTH FAIR 960.00 $ 34365 10/18/2022 CITY CLERK CITY COUNCIL RODRIGUEZ, JOSE REIMBURSEMENT ‐ MISC TRAVEL FEES 120.11 $ 34366 10/18/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES ‐ ENGINEERING 660.00 $ 34367 10/18/2022 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 276.16 $ 34367 10/18/2022 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 3,224.32 $ 34367 10/18/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN PAN AM ‐ FLOORING STRIP & WAX 1,251.74 $ 34367 10/18/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 7,049.28 $ 34367 10/18/2022 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 2,365.42 $ 34367 10/18/2022 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 217.25 $ 34367 10/18/2022 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 513.12 $ 34367 10/18/2022 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 672.81 $ 34367 10/18/2022 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 672.82 $ 34367 10/18/2022 PW ADMIN UB ‐ GARBAGE SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 217.26 $ 34367 10/18/2022 PW ADMIN UB ‐ SEWER SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 217.26 $ 34367 10/18/2022 PW ADMIN UB ‐ WATER SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 434.49 $ 34367 10/18/2022 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 206.73 $ 34367 10/18/2022 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 805.05 $ 34367 10/18/2022 PW ADMIN TRANSIT CENTER SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 1,627.13 $ 34367 10/18/2022 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN 10/22 JANITORIAL SERVICES 4,265.58 $ 34368 10/18/2022 FINANCE GOLF COURSE DEBT CALIFORNIA BANK & TRUST COMMERCIAL LOAN PMT ACCT: 001400608653002 164,422.51 $ 34368 10/18/2022 FINANCE PD OPS CALIFORNIA BANK & TRUST COMMERCIAL LOAN PMT ACCT: 0014006086530001 62,515.96 $ 34369 10/18/2022 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 2,200.00 $ 34370 10/18/2022 PD OPS PD OPS GIBBS, JOSHUA PER DIEM ‐ CATO ANNUAL CONFERENCE 327.75 $ 34371 10/18/2022 PD OPS PD OPS SANTOYO, ADRIAN PER DIEM ‐ CATO ANNUAL CONFERENCE 327.75 $ 34372 10/18/2022 CITY ADMIN FINANCE MV CHENG & ASSOCIATES, INC. CONSULTING SERVICES: INTERIM FINANCE DIRECTOR 22,800.00 $ 34373 10/18/2022 PD OPS PD OPS CV FORENSIC NURSING SPECIALISTS VICTIM EXAM ‐ $ 3,000.00 34374 10/18/2022 HR HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICES ‐ HEALTH AND WELFARE BENEFITS 3,750.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34375 10/18/2022 ENGINEERING ENGINEERING FACILITY DESIGNS INC CUBICLES FOR INSPECTOR'S OFFICES 10,253.76 $ 34376 10/18/2022 PD OPS PD OPS LAW DOG K9 BOARD & CARE ‐ GOOSE 180.00 $ 34377 10/18/2022 FLEET FLEET MAINT AIR & LUBE SYSTEMS INC FLEET ‐  ROTARY LIFTS 25,537.71 $ 34378 10/18/2022 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES 57.13 $ 34379 10/18/2022 CITY CLERK CITY COUNCIL MEJIA, ELSA REIMBURSEMENT ‐ MISC TRAVEL FEES 21.95 $ 34380 10/18/2022 PW ADMIN STREETS JS HARRIS FARMS LLC RIVER CLEAN UP 3,720.00 $ 34381 10/18/2022 FINANCE AIRPORT OPS PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 92.55 $ 34381 10/18/2022 FINANCE CENTRAL ADMIN PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 143.70 $ 34381 10/18/2022 FINANCE COMM & REC PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 841.50 $ 34381 10/18/2022 FINANCE COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 18.60 $ 34381 10/18/2022 FINANCE ENGINEERING PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 102.00 $ 34381 10/18/2022 FINANCE FACILITIES MAINT PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 536.05 $ 34381 10/18/2022 FINANCE FLEET MAINT PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 758.29 $ 34381 10/18/2022 FINANCE PARKS PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 656.46 $ 34381 10/18/2022 FINANCE STREETS PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 1,064.24 $ 34381 10/18/2022 FINANCE SEWER OPS PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 289.75 $ 34381 10/18/2022 FINANCE UB ‐ WATER PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 46.90 $ 34381 10/18/2022 FINANCE WATER OPS PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 683.31 $ 34381 10/18/2022 FINANCE WATER QUALITY PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 217.90 $ 34381 10/18/2022 FINANCE WWTP PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 726.20 $ 34381 10/18/2022 FINANCE PD OPS PRUDENTIAL OVERALL SUPPLY 09/22 UNIFORM SERVICES 145.10 $ 34382 10/18/2022 PD OPS SUPP LAW ENF EVANS FEED & LIVESTOCK SUPPLY, INC. WIPE N' SPRAY ‐ BUBBLES 73.60 $ 34383 10/18/2022 ENGINEERING ENGINEERING PROJECTTEAM, INC. ENGINEERING SOFTWARE 13,000.00 $ 34384 10/18/2022 PD OPS SUPP LAW ENF C'ANNA RIX GROUP PHOTOS ‐ PD 500.00 $ 34385 10/18/2022 PD OPS PD OPS NICHOLAS CARILLO PER DIEM ‐ CATO ANNUAL CONFERENCE 327.75 $ 34386 10/18/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,140.00 $ 34386 10/18/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 510.00 $ 34386 10/18/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. REPEAT SAMPLING 34.00 $ 34386 10/18/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. 52 DBP MONITORING 422.00 $ 34387 10/18/2022 FINANCE BUILDING AT&T 09/22 CALNET 3 SVS 9391026390 62.39 $ 34387 10/18/2022 FINANCE BUILDING AT&T 09/22 CALNET 3 SVS 9391031577 26.51 $ 34387 10/18/2022 FINANCE BUILDING AT&T 09/22 CALNET 3 SVS 9391031559 20.05 $ 34387 10/18/2022 FINANCE CITY ATTORNEY AT&T 09/22 CALNET 3 SVS 9391026388 50.02 $ 34387 10/18/2022 FINANCE CITY ATTORNEY AT&T 09/22 CALNET 3 SVS 9391026390 17.79 $ 34387 10/18/2022 FINANCE CITY ATTORNEY AT&T 09/22 CALNET 3 SVS 9391031577 7.56 $ 34387 10/18/2022 FINANCE CITY ATTORNEY AT&T 09/22 CALNET 3 SVS 9391031559 7.52 $ 34387 10/18/2022 FINANCE CITY CLERK AT&T 09/22 CALNET 3 SVS 9391026390 17.79 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34387 10/18/2022 FINANCE CITY CLERK AT&T 09/22 CALNET 3 SVS 9391031577 7.56 $ 34387 10/18/2022 FINANCE CITY CLERK AT&T 09/22 CALNET 3 SVS 9391031559 5.01 $ 34387 10/18/2022 FINANCE COMM & REC AT&T 09/22 CALNET 3 SVS 9391026391 283.96 $ 34387 10/18/2022 FINANCE COMPUTER MAINT AT&T 09/22 CALNET 3 SVS 9391026390 35.64 $ 34387 10/18/2022 FINANCE COMPUTER MAINT AT&T 09/22 CALNET 3 SVS 9391031577 15.14 $ 34387 10/18/2022 FINANCE COMPUTER MAINT AT&T 09/22 CALNET 3 SVS 9391031559 2.51 $ 34387 10/18/2022 FINANCE ENGINEERING AT&T 09/22 CALNET 3 SVS 9391026390 124.77 $ 34387 10/18/2022 FINANCE ENGINEERING AT&T 09/22 CALNET 3 SVS 9391031577 53.01 $ 34387 10/18/2022 FINANCE ENGINEERING AT&T 09/22 CALNET 3 SVS 9391031559 37.59 $ 34387 10/18/2022 FINANCE FACILITIES MAINT AT&T 09/22 CALNET 3 SVS 9391026394 27.51 $ 34387 10/18/2022 FINANCE FACILITIES MAINT AT&T 09/22 CALNET 3 SVS 9391031564 14.74 $ 34387 10/18/2022 FINANCE FINANCE AT&T 09/22 CALNET 3 SVS 9391026390 98.03 $ 34387 10/18/2022 FINANCE FINANCE AT&T 09/22 CALNET 3 SVS 9391031577 41.65 $ 34387 10/18/2022 FINANCE FINANCE AT&T 09/22 CALNET 3 SVS 9391031559 25.06 $ 34387 10/18/2022 FINANCE FLEET MAINT AT&T 09/22 CALNET 3 SVS 9391026394 18.37 $ 34387 10/18/2022 FINANCE FLEET MAINT AT&T 09/22 CALNET 3 SVS 9391031564 9.82 $ 34387 10/18/2022 FINANCE GRANT OVERSIGHT AT&T 09/22 CALNET 3 SVS 9391026390 35.64 $ 34387 10/18/2022 FINANCE GRANT OVERSIGHT AT&T 09/22 CALNET 3 SVS 9391031577 15.14 $ 34387 10/18/2022 FINANCE GRANT OVERSIGHT AT&T 09/22 CALNET 3 SVS 9391031559 12.53 $ 34387 10/18/2022 FINANCE HR/RISK MGT AT&T 09/22 CALNET 3 SVS 9391026390 26.69 $ 34387 10/18/2022 FINANCE HR/RISK MGT AT&T 09/22 CALNET 3 SVS 9391031577 11.34 $ 34387 10/18/2022 FINANCE HR/RISK MGT AT&T 09/22 CALNET 3 SVS 9391031559 7.52 $ 34387 10/18/2022 FINANCE PLANNING AT&T 09/22 CALNET 3 SVS 9391026390 44.54 $ 34387 10/18/2022 FINANCE PLANNING AT&T 09/22 CALNET 3 SVS 9391031577 18.92 $ 34387 10/18/2022 FINANCE PLANNING AT&T 09/22 CALNET 3 SVS 9391031559 12.53 $ 34387 10/18/2022 FINANCE STREETS AT&T 09/22 CALNET 3 SVS 9391026394 45.88 $ 34387 10/18/2022 FINANCE STREETS AT&T 09/22 CALNET 3 SVS 9391031564 24.58 $ 34387 10/18/2022 FINANCE SEWER OPS AT&T 09/22 CALNET 3 SVS 9391026394 32.10 $ 34387 10/18/2022 FINANCE SEWER OPS AT&T 09/22 CALNET 3 SVS 9391031564 17.19 $ 34387 10/18/2022 FINANCE SOLID WASTE AT&T 09/22 CALNET 3 SVS 9391026394 36.68 $ 34387 10/18/2022 FINANCE SOLID WASTE AT&T 09/22 CALNET 3 SVS 9391031564 19.69 $ 34387 10/18/2022 FINANCE UB ‐ GARBAGE AT&T 09/22 CALNET 3 SVS 9391026390 28.95 $ 34387 10/18/2022 FINANCE UB ‐ GARBAGE AT&T 09/22 CALNET 3 SVS 9391031577 12.30 $ 34387 10/18/2022 FINANCE UB ‐ GARBAGE AT&T 09/22 CALNET 3 SVS 9391026394 9.17 $ 34387 10/18/2022 FINANCE UB ‐ GARBAGE AT&T 09/22 CALNET 3 SVS 9391031559 6.69 $ 34387 10/18/2022 FINANCE UB ‐ GARBAGE AT&T 09/22 CALNET 3 SVS 9391031564 4.91 $ 34387 10/18/2022 FINANCE UB ‐ SEWER AT&T 09/22 CALNET 3 SVS 9391026390 28.95 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34387 10/18/2022 FINANCE UB ‐ SEWER AT&T 09/22 CALNET 3 SVS 9391031577 12.30 $ 34387 10/18/2022 FINANCE UB ‐ SEWER AT&T 09/22 CALNET 3 SVS 9391026394 9.17 $ 34387 10/18/2022 FINANCE UB ‐ SEWER AT&T 09/22 CALNET 3 SVS 9391031559 6.68 $ 34387 10/18/2022 FINANCE UB ‐ SEWER AT&T 09/22 CALNET 3 SVS 9391031564 4.91 $ 34387 10/18/2022 FINANCE UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391026393 76.54 $ 34387 10/18/2022 FINANCE UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391026390 58.03 $ 34387 10/18/2022 FINANCE UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391031577 24.65 $ 34387 10/18/2022 FINANCE UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391026394 18.37 $ 34387 10/18/2022 FINANCE UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391031559 13.37 $ 34387 10/18/2022 FINANCE UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391031564 9.84 $ 34387 10/18/2022 FINANCE WATER OPS AT&T 09/22 CALNET 3 SVS 9391026394 41.27 $ 34387 10/18/2022 FINANCE WATER OPS AT&T 09/22 CALNET 3 SVS 9391031564 22.10 $ 34387 10/18/2022 FINANCE WATER QUALITY AT&T 09/22 CALNET 3 SVS 9391026394 18.37 $ 34387 10/18/2022 FINANCE WATER QUALITY AT&T 09/22 CALNET 3 SVS 9391031564 9.82 $ 34387 10/18/2022 FINANCE WWTP AT&T 09/22 CALNET 3 SVS 9391026394 27.51 $ 34387 10/18/2022 FINANCE WWTP AT&T 09/22 CALNET 3 SVS 9391031564 14.74 $ 34387 10/18/2022 FINANCE CITY MANAGER AT&T 09/22 CALNET 3 SVS 9391026390 17.79 $ 34387 10/18/2022 FINANCE CITY MANAGER AT&T 09/22 CALNET 3 SVS 9391031577 7.56 $ 34387 10/18/2022 FINANCE CITY MANAGER AT&T 09/22 CALNET 3 SVS 9391031559 10.02 $ 34387 10/18/2022 FINANCE PURCHASING AT&T 09/22 CALNET 3 SVS 9391026394 27.51 $ 34387 10/18/2022 FINANCE PURCHASING AT&T 09/22 CALNET 3 SVS 9391031564 14.74 $ 34387 10/18/2022 FINANCE PD OPS AT&T 09/22 CALNET 3 SVS 9391031579 251.96 $ 34387 10/18/2022 FINANCE PD OPS AT&T 09/22 CALNET 3 SVS 9391026411 174.43 $ 34387 10/18/2022 FINANCE PD OPS AT&T 09/22 CALNET 3 SVS 9391031561 167.08 $ 34387 10/18/2022 PD OPS UB ‐ WATER AT&T 09/22 CALNET 3 SVS 9391026392 50.67 $ 34387 10/18/2022 PD OPS PD OPS AT&T 09/22 CALNET 3 SVS 9391031566 167.08 $ 34387 10/18/2022 PD OPS PD OPS AT&T 09/22 CALNET 3 SVS 9391031578 177.09 $ 34388 10/18/2022 FINANCE AQUATICS PROGRM AT&T 09/22 CALNET 3 SVS 9391026397 23.20 $ 34388 10/18/2022 FINANCE BUILDING AT&T 09/22 CALNET 3 SVS 9391026407 24.87 $ 34388 10/18/2022 FINANCE CODE ENF AT&T 09/22 CALNET 3 SVS 9391026413 24.70 $ 34388 10/18/2022 FINANCE FIRE AT&T 09/22 CALNET 3 SVS 9391026402 24.87 $ 34388 10/18/2022 FINANCE SR CITIZEN COMM AT&T 09/22 CALNET 3 SVS 9391026395 24.87 $ 34388 10/18/2022 FINANCE SR CITIZEN COMM AT&T 09/22 CALNET 3 SVS 9391026389 24.87 $ 34388 10/18/2022 FINANCE PAYROLL CLEARING AT&T 09/22 CALNET 3 SVS 9391026413 24.70 $ 34389 10/18/2022 ENGINEERING LTF ‐ STREETS ALERT‐O‐LITE CHANNELIZERS AT JAMES MONROE 480.83 $ 34390 10/18/2022 FINANCE FINANCE AMERICAN BUSINESS MACHINES BL TONER 541.23 $34391 10/18/2022 PD OPS PD OPS ANAYA, CHRIS PER DIEM ‐ CATO ANNUAL CONFERENCE 327.75 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34392 10/18/2022 ENGINEERING ARTERIAL/COLLECTOR JOSEPH CROWN CONSTRUCTION REIMBURSEMENT ‐ LA SPEZIA II 253,844.70 $ 34392 10/18/2022 ENGINEERING DRAINAGE DIF JOSEPH CROWN CONSTRUCTION REIMBURSEMENT ‐ LA SPEZIA II 99,554.06 $ 34392 10/18/2022 ENGINEERING WATER PIPE DIF JOSEPH CROWN CONSTRUCTION REIMBURSEMENT ‐ LA SPEZIA II 36,172.10 $ 34393 10/18/2022 PD OPS PD OPS CALIFORNIA FORENSIC INSTITUTE PRE‐EMPLOYMENT EXAM 450.00 $ 34394 10/18/2022 PD OPS PD OPS CALIFORNIA POLICE CHIEFS ASSOC ANNUAL SYMPOSIUM REGISTRATION FEE 3,300.00 $ 34395 10/18/2022 ENGINEERING WATER CAPITAL CDM SMITH INC. ENGINEERING SERVICES FOR WELL 37 4,160.00 $ 34396 10/18/2022 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE‐EMPLOYMENT PHYSICAL 236.00 $ 34397 10/18/2022 PD OPS PD OPS 47TH PLACE‐ CARPET ONE CARPET TILE 1,600.00 $ 34398 10/18/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 09/22 POWER SWEEPING 358.28 $ 34398 10/18/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 09/22 POWER SWEEPING 358.28 $ 34399 10/18/2022 PD OPS PD OPS J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT ‐ Q2 5,025.60 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐220‐005‐000 1,027.92 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 038‐050‐018‐000 301.46 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐010‐040‐000 3,277.10 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐010‐041‐000 5,762.72 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐017‐000 4,295.40 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐016‐000 689.76 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐005‐000 1,320.06 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐002‐000 1,324.76 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐001‐000 1,364.32 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐003‐000 642.12 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐011‐000 442.98 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 037‐040‐004‐000 469.36 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐010‐039‐000 10,970.24 $ 34400 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐220‐001‐000 2,305.28 $ 34401 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐014‐000 214.36 $ 34401 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐020‐012‐000 258.36 $ 34401 10/18/2022 PW ADMIN AIRPORT OPS MADERA COUNTY TAX COLLECTOR 2022 PROPERTY TAX APN ‐ 013‐030‐018‐000 176.82 $ 34402 10/18/2022 GRANTS TRANS ‐ FIXED MADERA TRIBUNE PUBLIC NOTICE ‐ METRO BUS ROUTES 5,000.00 $ 34402 10/18/2022 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE 806.00 $ 34403 10/18/2022 GRANTS TRANS ‐ FIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ SEP 2022 794.54 $ 34403 10/18/2022 GRANTS TRANS ‐ DAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE ‐ SEP 2022 794.54 $ 34404 10/18/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 2,178.26 $ 34405 10/18/2022 ENGINEERING AFFORDABLE HOUSING O'DELL ENGINEERING, INC. DESIGN SVS ‐ SIDEWALK IMPROVEMENT PROJECT 60,242.70 $ 34406 10/18/2022 FINANCE AQUATICS PROGRM PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 4,480.94 $ 34406 10/18/2022 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 51.01 $ 34406 10/18/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 4,233.87 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34406 10/18/2022 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 356.14 $ 34406 10/18/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 1598348280‐1 71.72 $ 34406 10/18/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 5225647713‐5 15.77 $ 34406 10/18/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 1,827.35 $ 34406 10/18/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 64.82 $ 34406 10/18/2022 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 169.68 $ 34406 10/18/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 145.41 $ 34406 10/18/2022 FINANCE RECREATION PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 34.64 $ 34406 10/18/2022 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 35.02 $ 34406 10/18/2022 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 13.12 $ 34406 10/18/2022 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 8.10 $ 34406 10/18/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 55,522.59 $ 34406 10/18/2022 FINANCE MEAS K ‐ PD PACIFIC GAS & ELECTRIC 09/22 SERVICE 1715785853‐5 1,538.71 $ 34406 10/18/2022 FINANCE ZONE 24 PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 63.67 $ 34406 10/18/2022 FINANCE ZONE 26 PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 9.86 $ 34406 10/18/2022 FINANCE ZONE 31A PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 19.96 $ 34406 10/18/2022 FINANCE PD OPS PACIFIC GAS & ELECTRIC 09/22 SERVICE 9920095153‐3 6,421.05 $ 34407 10/18/2022 PD OPS PD OPS PROFORCE MISC PD EQUIPMENT 42,662.04 $ 34408 10/18/2022 ENGINEERING LTF ‐ STREETS PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 12,218.10 $ 34409 10/18/2022 ENGINEERING ENGINEERING RICOH USA, INC. PRINTER MAINTENANCE 6.03 $ 34410 10/18/2022 PD OPS PD OPS ROSEL, JOHN PER DIEM ‐ CATO ANNUAL CONFERENCE 327.75 $ 34411 10/18/2022 FLEET FLEET MAINT SEQUOIA EQUIPMENT CO. INC REMAN‐HYDR CYLINDER 2,454.62 $ 34412 10/18/2022 PW ADMIN AIRPORT OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 35.00 $ 34412 10/18/2022 PW ADMIN CENTRAL ADMIN TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 45.00 $ 34412 10/18/2022 PW ADMIN COMM & REC TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 435.00 $ 34412 10/18/2022 PW ADMIN ENGINEERING TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 60.00 $ 34412 10/18/2022 PW ADMIN FIRE TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 105.00 $ 34412 10/18/2022 PW ADMIN INTERMODAL BLDG TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 75.00 $ 34412 10/18/2022 PW ADMIN SEWER OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 25.00 $ 34412 10/18/2022 PW ADMIN SOLID WASTE TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 25.00 $ 34412 10/18/2022 PW ADMIN WATER OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 25.00 $ 34412 10/18/2022 PW ADMIN WWTP TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 45.00 $ 34412 10/18/2022 PW ADMIN PD OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 40.00 $ 34413 10/18/2022 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 09/22 199.80 $ 34414 10/18/2022 ENGINEERING LTF ‐ STREETS UNION PACIFIC RAILROAD CO. PLAN REVIEW ‐ OLIVE POST 184.5‐185.0 802.50 $ 34415 10/18/2022 FINANCE AIRPORT OPS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 205.40 $ 34415 10/18/2022 FINANCE BUILDING US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 490.58 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34415 10/18/2022 FINANCE CENTRAL ADMIN US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 4,375.91 $ 34415 10/18/2022 FINANCE CITY CLERK US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 675.00 $ 34415 10/18/2022 FINANCE CITY COUNCIL US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 4,487.40 $ 34415 10/18/2022 FINANCE CODE ENF US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 760.84 $ 34415 10/18/2022 FINANCE COMM & REC US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 548.88 $ 34415 10/18/2022 FINANCE COMMUNITY PROMO US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 1,656.24 $ 34415 10/18/2022 FINANCE COMPUTER MAINT US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 5,215.20 $ 34415 10/18/2022 FINANCE ENGINEERING US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 231.23 $ 34415 10/18/2022 FINANCE FACILITIES MAINT US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 10,051.92 $ 34415 10/18/2022 FINANCE FINANCE US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 606.61 $ 34415 10/18/2022 FINANCE FIRE US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 4,638.45 $ 34415 10/18/2022 FINANCE FLEET MAINT US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 13,305.22 $ 34415 10/18/2022 FINANCE FLEET MOTOR POOL US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 23.00 $ 34415 10/18/2022 FINANCE GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 11,061.09 $ 34415 10/18/2022 FINANCE GENERAL TRUST US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 789.36 $ 34415 10/18/2022 FINANCE GRANT OVERSIGHT US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 134.88 $ 34415 10/18/2022 FINANCE GRAFFITI ABATE US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 475.58 $ 34415 10/18/2022 FINANCE HR/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 11,694.24 $ 34415 10/18/2022 FINANCE INTERMODAL BLDG US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 702.66 $ 34415 10/18/2022 FINANCE LMD SERVICES US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 2,895.88 $ 34415 10/18/2022 FINANCE MEAS K ‐ FIRE US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 1,160.70 $ 34415 10/18/2022 FINANCE PARKS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 14,227.92 $ 34415 10/18/2022 FINANCE PLANNING US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 20.50 $ 34415 10/18/2022 FINANCE STREETS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 6,811.81 $ 34415 10/18/2022 FINANCE RECREATION US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 1,568.58 $ 34415 10/18/2022 FINANCE SEWER OPS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 2,987.93 $ 34415 10/18/2022 FINANCE SPORTS PROGRAMS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 181.71 $ 34415 10/18/2022 FINANCE SR CITIZEN COMM US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 376.38 $ 34415 10/18/2022 FINANCE STREET CLEANING US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 2,316.38 $ 34415 10/18/2022 FINANCE SUPP LAW ENF US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 564.16 $ 34415 10/18/2022 FINANCE TRANS ‐ FIXED US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 3,574.71 $ 34415 10/18/2022 FINANCE TRANS ‐ DAR US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 4,860.44 $ 34415 10/18/2022 FINANCE WATER OPS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 18,777.37 $ 34415 10/18/2022 FINANCE WATER QUALITY US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 1,696.21 $ 34415 10/18/2022 FINANCE WWTP US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 9,125.30 $ 34415 10/18/2022 FINANCE CITY MANAGER US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 926.46 $ 34415 10/18/2022 FINANCE SPECIAL EVENTS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 9.99 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34415 10/18/2022 FINANCE PD OPS US BANK CORPORATE PAYMENT SYSTEMS 09/22 CALCARD CHARGES 10,984.07 $ 34416 10/18/2022 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING PROFESSIONAL ENGINEERING SERVICE 170.00 $ 34417 10/18/2022 PW ADMIN WATER CONSERV OTP‐ REBATES TURF REPLACEMENT REBATE 1,910.00 $ 34418 10/18/2022 UB ‐ WATER WATER FUND AR REFUNDS UB TERM REFUND 9898285 277.41 $ 34420 10/19/2022 PD OPS CODE ENF RODRIGUEZ REUBEN PER DIEM ‐ CODE ENFORCEMENT CONFERENCE 277.50 $ 34421 10/19/2022 PD OPS CODE ENF GABRIEL MAYORGA PER DIEM ‐ CODE ENFORCEMENT CONFERENCE 277.50 $ 34422 10/19/2022 PD OPS CODE ENF PADILLA, RUTH PER DIEM ‐ CODE ENFORCEMENT CONFERENCE 277.50 $ 143 10/11/2022 PD OPS PD OPS KER'S GAS & LUBE, INC. 08/22 PD CAR WASHES 8,559.27 $ 144 10/11/2022 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION CONSULTING SVS‐ENGINEERING W/E 09/11/22 K NEMAT 2,284.00 $ 145 09/22/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SVS ‐ PLANNING W/E 07/03/22 R SMITH 8,684.15 $ 146 09/22/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SVS ‐ PLANNING W/E 07/10/22 R SMITH 2,179.82 $ 147 10/13/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SVS ‐ PLANNING SICK PAY, R SMITH 1,011.71 $ 147 10/13/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SVS ‐ PLANNING W/E 07/17/22 R SMITH 100.00 $ BANK #1 ‐ UNION BANK GENERAL ACCOUNT TOTAL $ 3,799,463.12

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of Memorial Monuments at Thaddeus Sran Playground at Centennial Park and Harlen and Sharon Rippetoe Horseshoe complex at Rotary Park
RECOMMENDATION:

Staff recommends that the City Council approve Minute Order Approving:

1. Acceptance of the Construction of Memorial Monuments at Centennial Park and Rotary Park

2. The Recording of Notice of Completion.

3. The release of retention 35 days after recording of the Notice of Completion.

SUMMARY:

The City Council (Council), at its August 17, 2022, meeting, awarded a contract to David J. Boyle Electric Shop LLC (Contractor) in the amount of $14,520 for the construction of two memorial monuments. The first monument was to be constructed at Rotary Park located at 930 North Gateway Drive in recognition of Harlen and Sharon Rippetoe for their contribution to the horseshoe community over more than two decades. The second monument was to be constructed at Centennial Park located at 701 East 5th Street in memory of Thaddeus Sran. The Contractor has completed the monuments in accordance with the plans and specifications. Staff recommends that the Council accept the completion of both the monuments.

DISCUSSION:

A brief history of the two memorial monuments:

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

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

A final inspection was conducted on October 5, 2022, by staff members of the Parks & Community Services Department and Engineering Department, alongside Contractor staff members. All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” recorded.

FINANCIAL IMPACT:

A total of $20,000 was budgeted for the Rippetoe monument, including the cost of a plaque. A total of $17,000 was budgeted for the Sran monument, including the cost of a plaque, and keeping in mind a donation of $3,157. Both monuments were budgeted within the FY 2022/23 Budget in the Contracted Services line item in Parks (10206100) budget. The cost of the plaques was $9,476.74. The cost of the monuments with plaque installation was $14,520. In total the city spent $23,996.74. That includes a savings of $13,003.26.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

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

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

ALTERNATIVES:

As an alternative, Council may elect to reject the Notice of Completion. Rejection of the notice would result in staff’s inability to release retention funds and closing out the project for the construction of the two monuments.

ATTACHMENTS:

A. Notice of Completion
B. Memorial Monument at Centennial Park
C. Memorial Monument at Rotary Park

ATTACHMENT A
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
_________________________________________ Space above this line for Recorder’s Use ______________________________________ Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is City of Madera.

3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.

4. The nature of the title of the undersigned is: In fee ____________________________________________ (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)

5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:

Name Address
______________________________________ ___________________________________________

6. A work of improvement on the property hereinafter described was completed on

7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.)

8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):

Name Address
______________________________________ ___________________________________________

9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Joseph Hebert
Parks & Community Services Director
________________________________________________

Page 2 of 2 ends

State of California
County of Madera
Joseph Hebert, being duly sworn says: He is the City of Madera Parks & Community Services Director, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Joseph Hebert
Parks & Community Services Director
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2022 by Joseph Hebert, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The 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.

ATTACHMENT B
Memorial Monument at Centennial Park

ATTACHMENT C
Memorial Monument at Rotary Park

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Kingsley Okereke, Interim Finance Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Re-appropriate prior year (FY 2021/22) unused Community Development Block Grant (CDBG) budget allocation to the general fund for Parks Senior Nutrition and Recreation Program RECOMMENDATION:

Adopt a Resolution approving reinstatement of prior year (FY 2021/22) unused/unspent CDBG Public Service funds allocated to the General Fund in the amount of $32,500, and re-appropriate this same amount in the FY 2022/23 budget to the Parks and Community Services CDBG Senior Nutrition and Recreation Program
SUMMARY:

The City receives an annual entitlement allocation from the Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG). After Council approval, the funds are allocated locally towards administration costs, public service projects, and housing/infrastructure projects. During the July 21, 2021 Council meeting, Council approved an allocation in the amount of $32,500 to the general fund parks department for the Parks and Community Services Senior Nutrition and Recreation Program. As a result of the COVID-19 pandemic, all recreation programs were suspended for the safety of the community.

Consequently, the Program Year (PY) 2021 allocation was unspent. The $32,500 unspent CDBG fund currently sits in the general fund unallocated fund balance. Staff is seeking Council approval to reinstate and appropriate these unused funds to enable staff to continue with the operation of the Parks and Community Services Senior Nutrition and Recreation Program in the current fiscal year.

DISCUSSION:

During the review of the FY 2022/23 budget, the CDBG Public Service revenue fund was updated to include the PY 2022 CDBG allocation. The $32,500 unexpended PY 21 funds closed to the Council Meeting of: November 2, 2022
Agenda Number: ______ B-4
general fund balance and were not recognized and available for appropriation in the FY 2022/23 revenue account.

After the closure and suspension of services due to the COVID-19 pandemic, Parks and Community Service staff are resuming the implementation of recreational activities. To further execute programming, staff needs the previously awarded unexpended funds from CDBG PY 2021 in the amount of $32,500. Therefore, staff is requesting Council to appropriate $32,500 from the City’s General Fund balance account to the Parks and Community Services Transfer In Revenue account (10206218-4355) for the Senior Nutrition and Recreation Program.

FINANCIAL IMPACT:

There is no net impact to the general fund. The said unspent amount of $32,500 currently in the general fund unallocated fund balance are CDBG funds previously allocated to the general fund Parks department for Senior Nutrition and Recreation programs.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Being awarded these available funds supports the Vision Madera 2025 Plan as follows:
 Strategy 337
o Develop programs for Maderans of all ages with an emphasis on youth and senior activities.

ALTERNATIVES:

Should the Council not take action on the proposed budget amendment and transfer of CDBG funds, the adopted budget will remain unchanged, and the Senior Services Nutrition and Recreation Program will lose access to a previously awarded CDBG allocation.

ATTACHMENTS:

1. Resolution
RESOLUTION NO. _____

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

CALIFORNIA, APPROVING THE REINSTATEMENT OF PRIOR YEAR (FY 2021/22) UNUSED/UNSPENT CDBG PUBLIC SERVICE FUNDS ALLOCATED TO THE GENERAL FUND IN THE AMOUNT OF $32,500, AND REAPPROPRIATION OF THIS SAME AMOUNT IN THE FY 2022/23 BUDGET TO

THE PARKS AND COMMUNITY SERVICES CDBG SENIOR NUTRITION AND

RECREATION PROGRAM
WHEREAS, the Housing and Urban Development Community Development Block Grant (CDBG) has been delegated authority to award an annual allocation to the City of Madera (City) for administration, public service projects, and infrastructure/housing projects; and WHEREAS, the City Council approved the Parks and Community Services Department as a subrecipient for their Senior Nutrition and Recreation program for the FY2021/22 CDBG program year in the amount of $32,500; and
WHEREAS, as a result of the COVID-19 Pandemic all recreation activities were suspended and as a result the CDBG FY2021/22 award in the amount of $32,500 to the Senior Nutrition and Recreation program was unexpended; and
WHEREAS, the unexpended FY21/22 allocation of $32,500 was closed to the City’s General Fund balance account at the end of the fiscal year; and WHEREAS, the City is requesting City Council to restore and make available the FY21/22 unexpended $32,500 CDBG allocation, and amend the FY2022/23 budget to reflect its appropriation for the Parks and Community Services Senior Nutrition and Recreation program.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:

1. The above recitals are true and correct.

2. Council approves the reallocation of the FY21/22 unexpended ($32,500) CDBG monies in the general fund balance, and the amendment of the FY 2022/2023 budget to reflect its appropriation for the Parks and Community Services Senior Nutrition and Recreation program.

3. The City Manager, or his/her designee, is hereby authorized to execute all required documents, budget amendments and system entries to implement this council resolution.

4. This resolution shall be effective immediately upon adoption *****

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

Consideration of a request by Ramona Alvarez for connection to the City’s water system RECOMMENDATION:

Adopt a resolution Approving Agreement for Outside City Limits Water Connection for 16164 Road 26 (APN 038-110-027)
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.

Such connections must also meet state law requirements regarding Local Agency Formation Commission (LAFCo) approval. The proposed resolution would approve an agreement with property owners for connection to the City’s sewer and water system.

DISCUSSION:

The property owner, Ramona Alvarez, has an existing single-family residence on a 0.34-acre parcel located on the west side of Road 26, between Adell and Ellis Streets. The owner has requested that she be allowed to connect to the existing 12-inch City water main on Road 26 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.

It is further noted that the property owner will be required to pay the City to connect to the system and the water line will be metered similar to all new water connections.

LAFCo has approved the connection to City water service outside the current City limits.

Council Meeting of: November 2, 2022
~~ Agenda Number: B-5
~ /2.,,(,A,:rr r
FINANCIAL IMPACT:

The property owner is responsible for installation costs of the water service connection and water usage costs. As such, approving this request for outside city limits water connection imposes no additional expense to the City or the General Fund.

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
16164 Road 26
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 16164 ROAD 26
(APN 038-110-027)
WHEREAS, Ramona Alvarez (referred to as “Owner”) desires to connect the property located at 16164 Road 26 to the City water system; and
WHEREAS, the property is located in the unincorporated territory of the County of Madera; and
WHEREAS, the property owner is responsible for all costs associated with the installation of the water service installation and eventual water usage costs; and WHEREAS, the City Council is willing to authorize connection to the City’s water system, subject to certain terms and conditions; and
WHEREAS, LAFCo has approved the water connection.

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 16164 Road 26 (APN 038-110-027) which is attached to this resolution as Exhibit A and incorporated by reference.

3. The City Engineer and City Clerk with concurrence of the City Attorney are authorized to make any clerical and non-substantive corrections to this resolution and the Agreement.

4. Staff is hereby directed to record the Agreement.

5. 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 Address: 16164 Road 26, Madera, California
APN: 038-110-027

AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION
FOR 16164 Road 26 (APN 038-110-027)
This AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16164 Road 26 (“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 RAMONA ALVAREZ, hereinafter called “OWNER”.

RECITALS
A. OWNER is the record owner of that certain real property located at 16164 Road 26, in the County of Madera, California and more particularly described below.

B. The Property consists of 0.34 acres, more or less, located on the west side of Road 26, between Adell and Ellis Streets, known as 16164 Road 26, in the unincorporated territory of Madera County (the “Subject Property”).

C. OWNER desires a water connection to serve the domestic (solely household or family needs) 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 12-inch water main on Road 26 to serve one dwelling with one 1-inch water service on the Subject Property located at 16164 Road 26, which property is more particularly described as follows:

The South 1/2 of the following described property:

All that of Lot 128 of Miller and Lux's Subdivision of Lands, lying West of the East line of Section 11, Town 11 South, Range 17, East, Mount Diablo Base and Meridian excepting the South 275 feet thereof, according to Map entitled "Miller and Lux's Subdivision of Lands at Madera Fresno County, California" filed and recorded in the office of the County Recorder of the County of Madera, State of California, February 2, 1895 in Volume I of Maps, at Page 11.

Excepting therefrom portion conveyed to the United States of America for canal purposes, by Deed dated October 17, 1953 and recorded June 14, 1954 in Volume 611 of Official Records, at

Page 353 ends

Also excepting therefrom that potion conveyed to County of Madera by Deed February 22, 1993 and recorded March 8, 1993 as Document No. 930611 of Official Records Madera County Records.

APN: 038-110-027

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 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 12-inch water main located in Road 26, in the amount of $7,667.20. 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: RAMONA ALVAREZ
10415 La Cima Dr
Whittier Ca 90603
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 agrees that the water provided by the CITY shall be used only for domestic water service to the Subject Property. For the purposes of this agreement, domestic means household or family use. 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. Covenant Not to Protest 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. Owner understands that this Agreement binds OWNER and all subsequent owners of the Subject Property, and that this Agreement will be recorded with the Madera County Recorder’s Office.

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 Ramona Alvarez
By: ___________________________
Santos Garcia, Mayor
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: November 2, 2022
_________________________________ Agenda Number:

Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of a request by Ramona Alvarez for connection to the City’s water system RECOMMENDATION:

Adopt a resolution Approving Agreement for Outside City Limits Water Connection for 16248 Road 26 (APN 038-110-026)
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.

Such connections must also meet state law requirements regarding Local Agency Formation Commission (LAFCo) approval. The proposed resolution would approve an agreement with property owners for connection to the City’s sewer and water system.

DISCUSSION:

The property owner, Ramona Alvarez, has an existing single-family residence on a 0.41 acre parcel located on the west side of Road 26, between Adell and Ellis Streets. The owner has requested that she be allowed to connect to the existing 12-inch City water main on Road 26 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.

It is further noted that the property owner will be required to pay the City to connect to the system and the water line will be metered similar to all new water connections.

LAFCo has approved the connection to City water service outside the current City limits. ~~ B-6
~;,. /2.d,t:u--r
FINANCIAL IMPACT:

The property owner is responsible for installation costs of the water service connection and water usage costs. As such, approving this request for outside city limits water connection imposes no additional expense to the City or the General Fund.

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
16248 Road 26
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 16248 ROAD 26 (APN 038-110-026)
WHEREAS, Ramona Alvarez (referred to as ”Owner”) desires to connect the property located at 16248 Road 26 to the City water system; and
WHEREAS, the property is located in the unincorporated territory of the County of Madera; and
WHEREAS, the property owner is responsible for all costs associated with the installation of the water service installation and eventual water usage costs; and WHEREAS, the City Council is willing to authorize connection to the City’s water system, subject to certain terms and conditions; and.

WHEREAS, LAFCo has approved the water connection.

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 16248 Road 26 (APN 038-110-026) which is attached to this resolution as Exhibit A and incorporated by reference.

3. The City Engineer and City Clerk with concurrence of the City Attorney are authorized to make any clerical and non-substantive corrections to this resolution and related Agreement.

4. Staff is hereby directed to record the Agreement.

5. 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 Address: 16248 Road 26, Madera, California
APN: 038-110-026

AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION
FOR 16248 Road 26 (APN 038-110-026)
This AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16164 Road 26 (“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 RAMONA ALVAREZ, hereinafter called “OWNER”.

RECITALS
A. OWNER is the record owner of that certain real property located at 16248 Road 26, in the County of Madera, California and more particularly described below.

B. The Property consists of 0.41 acres, more or less, located on the west side of Road 26, between Adell and Ellis Streets, known as 16248 Road 26, in the unincorporated territory of Madera County (the “Subject Property”).

C. OWNER desires a water connection to serve the domestic (solely household or family needs) 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 12-inch water main on Road 26 to serve one dwelling with one 1-inch water service on the Subject Property located at 16248 Road 26, which property is more particularly described as follows:

The South 1/2 of the following described property:

All that of Lot 128 of Miller and Lux's Subdivision of Lands, lying West of the East line of Section 11, Town 11 South, Range 17, East, Mount Diablo Base and Meridian excepting the South 275 feet thereof, according to Map entitled "Miller and Lux's Subdivision of Lands at Madera Fresno County, California" filed and recorded in the office of the County Recorder of the County of Madera, State of California, February 2, 1895 in Volume I of Maps, at Page 11.

Excepting therefrom portion conveyed to the United States of America for canal purposes, by Deed dated October 17, 1953 and recorded June 14, 1954 in Volume 611 of Official Records, at

Page 353 ends

Also excepting therefrom that potion conveyed to County of Madera by Deed February 22, 1993 and recorded March 8, 1993 as Document No. 930611 of Official Records Madera County Records.

APN: 038-110-026

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 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 12-inch water main located in Road 26, in the amount of $7,668.00. 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: RAMONA ALVAREZ
10415 La Cima Dr
Whittier Ca 90603
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 agrees that the water provided by the CITY shall be used only for domestic water service to the Subject Property. For the purposes of this agreement, domestic means household or family use. 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. Covenant Not to Protest 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. Owner understands that this Agreement binds OWNER and all subsequent owners of the Subject Property, and that this Agreement will be recorded with the Madera County Recorder’s Office.

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 Ramona Alvarez
By: ___________________________
Santos Garcia, Mayor
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: November 2, 2022
_________________________________ Agenda Number: ___________ Kingsley Okereke, Interim Finance Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance and appropriation of the Federal Transit Administration (FTA) Grant Awards for Section 5307 and 5339 funds for Procurement of Four Gas Transit Vehicles RECOMMENDATION:

Adopt a Resolution:

1. Amending the 2022/23 Budget to Appropriate the FTA Section 5307 and 5339 awarded grant funds in the FY 2022/23 Transportation Fixed Route Revenue and Fixed Route Outlay Revenue Account and

2. Authorizing the procurement of transit vehicles utilizing Federal Transit Administration FTA Section 5307 Program Funds in the amount of $689,053 and Section 5339 Program Funds in the amount of $161,386
SUMMARY:

Previously, Council approved two resolutions authorizing the filing of applications with the FTA for Section 5307 and 5339 funds.
 On August 19, 2020, Council approved Resolution No. 20-118 authorizing the filing of applications with the for Section 5339 FTA Funds. On September 17, 2020 the City was awarded FTA Grant (CA-2020-259-00) in the amount of $161,386.  On August 3, 2022, Council approved Resolution No. 22-121 authorizing the filing of applications with the FTA for Section 5307 FTA Funds. On August 17, 2022, the City was awarded FTA Grant (CA-2022-019-00) in the amount of $698,053.  Staff is requesting council procurement approval of transit vehicles from awarded FTA grants within the 21295300 - 4421 and 21295500 – 4423 Transportation Fixed Route and Fixed Route Outlay revenue account.

B-7
Table 1 summarizes the requested appropriation amounts and details of the requisite FY 22/23 budget amendment:

Table 1: FY22/23 Transportation – Fixed Route and MAX Outlay Budget Amendment Org Object Description
Current
Budget
Amount
New
Appropriation
FY22/23
Revised Budget
Amount
21295500 4421 Grant/FTA Section 5339 $82,230 $79,156 $161,386 21295500 4423 Federal Grant Section 5307 $0 $698,053 $698,053 DISCUSSION:

The FTA annually allocates Madera Urbanized Area (MUA) Funds dedicated for transit operations.

Eligible expenses are Operation Assistance (OA), Preventative Maintenance (PM), and Capital Improvements (CI). The City applies for these funds on an as-needed basis and once awarded may submit a claim to FTA to pay for the eligible expense.

The City’s Transit system consist of 19 Light Duty – Cutaway Transit Vehicles. Of these 19, a total of nine have exceeded their Useful Life Benchmark (ULB). According to FTA Circular 5010.1e, the ULB of a light-duty transit bus is at least five years or 150,000 miles. However, when the vehicles proposed for replacement were procured, the grant application allowed for a 7- year ULB. . The four transit vehicles proposed for replacement have been in use for ten years, thus three years beyond their ULB.

At the August 3, 2022 Council meeting, Council approved applying for and utilizing FTA Section 5307 funds for the replacement of 4 transit vehicles that have exceeded their useful life. After calculating the cost of the vehicles to be procured, staff realized the total cost surpassed the amount of 5307 Funds available for vehicle procurement. Therefore, staff is proposing utilizing available FTA Section 5339 funds to complete the procurement of the transit vehicles.

The awarded funds initially called for the combined purchase of four CNG Transit Vehicles, but due to low demand, the California Air Resources Board (CARB) is no longer certifying CNG Vehicles. As a result, the City’s options were to purchase a gas or zero emissions vehicle. At present, the Madera Transit Center is not equipped with the required infrastructure to support zero emission transit buses. Therefore, staff is requesting Council approval to procure four gas powered vehicles.

The requested new appropriation and resulting budget amendment will update the FY 2022/23 Transportation – Fixed Route and Fixed Route Outlay revenue accounts to reflect the actual revenue received and, with Council approval, allows staff to move forward in the procurement process for the transit vehicles.

Table 2 summarizes the vehicles proposed for replacement.

Table 2: Vehicles Proposed to be Replaced with Gas Vehicle Vehicle Make Model & Fuel Type Year Vehicle
Length
Passenger
Capacity
Miles1 Years
Exceeding
ULB
Ford E-450 Elkhart – CNG 2012 26ft 17 184,088 3
Ford E-450 Elkhart – CNG 2012 26ft 17 223,719 3
Ford E-450 Elkhart – Gas 2012 26ft 17 282,375 3
Ford E-450 Elkhart – CNG 2012 26ft 17 155,334 3
1 As of September 2022
Table 3 summarizes the vehicles to be procured
Table 2: Vehicles Proposed to be Procured
Vehicle Make Model & Fuel
Type Year Vehicle Length Passenger Capacity
Estimated
Vehicle Cost
Ford E-350 Starcraft – Gas 2022 26ft 17 $190,000
Ford E-350 Starcraft – Gas 2022 26ft 17 $190,000
Ford E-350 Starcraft – Gas 2022 26ft 17 $190,000
Voyager Braun - Gas 2022 12ft 4-5 $72,000
FINANCIAL IMPACT:

The proposed projects will not impact the City’s General Fund as all transit cost are expended through Local Transportation and Federal Transit Administration grant funds.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Being awarded these available funds supports the Vision Madera 2025 Plan as follows:
 Strategy 121
o Multi-modal transportation: Develop a city-wide multi-modal transportation plan to ensure safe, affordable and convenient transportation modes for residents and businesses within Madera.
 Strategy 433
o Air Quality: Maintain or improve air quality through innovative programs and cooperative local plans. Ensure adherence to State and Federal air-quality policies.

ALTERNATIVES:

1. Should the Council not take action on the proposed budget amendment and acceptance of FTA funds, the adopted budget will remain unchanged.

2. Council may direct staff to seek an alternative transit project to expend MUA funds.

3. Council may direct staff to provide additional evidence for the need to replace transit fleet.

ATTACHMENTS:

1. Resolution

2. Vehicle Images
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE 2022/23 BUDGET TO APPROPRIATE THE FTA SECTION 5307 AND 5339 AWARDED GRANT FUNDS IN THE FY22/23 TRANSPORTATION FIXED ROUTE REVENUE ACCOUNT (21295300 - 4421) AND MAX OUTLAY REVENUE ACCOUNT (21295500 - 4423) AND

AUTHORIZING THE PROCUREMENT OF TRANSIT UTILIZING FEDERAL TRANSIT ADMINISTRATION (FTA SECTION 5307 PROGRAM FUNDS
($689,053) AND SECTION 5339 PROGRAM FUNDS ($161,386)
WHEREAS, the Federal Transit Administration (FTA) has been delegated authority to award federal financial assistance to the City of Madera (City) for transportation projects and capital assistance; and
WHEREAS, the City has been awarded Section 5307 FTA Funds for the amount of $698,053 and Section 5339 FTA Funds for the amount of $161,386; and WHEREAS, the City is requesting to amend the 2022/23 budget to reflect the awarded funds; and
WHEREAS, the City is requesting City Council (Council) to approve utilizing FTA Section 5307 and Section 5339 Funds for the procurement of five transit vehicles for the enhancement of Madera Metro’s transit fleets.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:

1. The above recitals are true and correct.

2. Council approves the FY 2022/2023 budget amendment to reflect actual awarded FTA Section 5307 funds in the amount of $698,053 and FTA Section 5339 funds in the amount of $161,386 for transit operating and capital assistance.

3. Council approves utilization of the FTA funds for the purchase of five transit vehicles.

4. The City Administrator, or his/her designee, is hereby authorized to proceed with procurement procedures and to execute all documents required for the acceptance and implementation of grant award.

5. This resolution shall be effective immediately upon adoption *****
Attachment 2 – Vehicle Images
Type of Vehicle to be Replace
Style of Vehicle to be Procured (Light-Duty Cutaway, Gas) – Sole Use for Dial-ARide/ Fixed Route Style of Vehicle to be Procured (Voyager, Gas) – Sole Use for ADA/Paratransit Seating Positions Possible Wheelchair
Seating Positions

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing Regarding Annexation No. 13 (Tract S1-S-02 & S1-S-03/TSM 2020-04 Vineyard Estates Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions RECOMMENDATION:

That Council consider the following:

1. Hold the Public Hearing.

2. Adopt a resolution of the City Council (Council) of the City of Madera authorizing Annexation (Annexation No. 13) of Territory to Community Facilities (CFD) District No. 2005-1; authorizing the Levy of a Special Tax; and Submitting the Levy of Tax to the Qualified Electors.

3. Conduct the Election of the Qualified Electors of Annexation No. 13.

4. Adopt a resolution of the Council of the City of Madera Making Certain Findings, Declaring and Certifying the Results of an Election, and Adding the Territory Identified as Annexation No. 13 to CFD 2005-1 (Public Services), Annexation No. 13.

SUMMARY:

At the Council’s September 21, 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 2005-1. At the regularly scheduled meeting on November 2, 2022, after the close of the public hearing, the Council has two resolutions to consider. The first resolution sets forth the Council’s approval to annex C-1
territory to CFD 2005-1 and to levy a special tax. This first resolution also sets November 2, 2022, as the date for the annexation election, and refers to the annexation map showing the parcels to be annexed. The second resolution is for adoption by the Council after the results of the election are announced by the City Clerk. This second resolution also directs the filing of the Notice of Special Tax Lien against the annexed property to provide authority for City to collect the special tax.

DISCUSSION:

On November 16, 2005, by Resolution No. 05-334, the City Council established CFD 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 2005-1. Projects may be annexed one at a time, or in a group if they are ready at the same time.

The Vineyard Estates (Tract S1-S-02 & S1-S-03/TSM 2020-04) Subdivision is prepared to proceed with the annexation process into CFD 2005-1. The project includes the development of 135 single-family residential units and two (2) landscape lots located on 30.45 acres of land. Only residential properties are assessed within CFD 2005-1, and therefore the two (2) landscape lots will not be subject to the special tax. The boundaries of the Project consist of the area within the original assessor’s parcel number (APN) 006-450-011 as depicted on Attachment 3.

Table 1: Project Overview
Project Name Owner Units Location
Vineyard Estates Subdivision,
Tract S1-S-02 & S1-S-03/TSM
2020-04
DMP Development
Corp.
(Sole Landowner)
135 Sunset Avenue
As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-1 prior to recordation of the final subdivision map. This will comprise the 13th annexation (Attachment 4).

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 135 units in Annexation No. 13 will be $70,795.40. CFD 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 and 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 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 2005-1. Amendment of the ordinance would be required.

ATTACHMENTS:

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

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

3. Vineyard Estates, Tract S1-S-02 & S1-S-03/TSM 2020-04 Subdivision Map

4. CFD 2005-1 Map
ATTACHMENT 1
Resolution of Annexation and Calling for Election
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. 13) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES),

AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF TAX

TO THE QUALIFIED ELECTORS
WHEREAS, this City Council (“Council”), on September 21, 2022, adopted Resolution No. 22-157, (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 Vineyard Estates, Tract S1-S-02 & S1-S03/TSM 2020-04 Subdivision (“Annexation No. 13”) 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. 13 will consist of 135 single family residential units and 2 landscape lots located north of Sunset Avenue.; and
WHEREAS, on November 2, 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. 13 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, a copy thereof is on file with the City Clerk and the City Council ratifies that filing; and
WHEREAS, a boundary map for Annexation No. 1 to CFD No. 2005-1 is on file with the City Clerk and shall be filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings; and
WHEREAS, the City Of Madera Community Facilities District 2005-1 (Public Services) Rate And Method Of Apportionment Of Special Tax is attached as Exhibit A.

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

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

SECTION 2. Prior Proceedings. 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. Boundaries. 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. Services. 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. Special Taxes. It is the intention of this City Council 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. 13, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 13, will be levied annually within the boundaries of Annexation No. 13 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. 13 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. No Majority Protest. Written protests against the annexation of the territory in Annexation No. 13 to CFD No. 2005-1 have not been received by the Council. The proposed special tax to be levied within Annexation No. 13 has not been precluded by majority protest.

SECTION 7. Election. 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. 13 shall be submitted to the voters within Annexation No. 13 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. 13 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. 13 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. 13.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot or hand-delivered ballot under applicable sections of the California Elections Code commencing with Section 4000 with respect to elections conducted by mail.. The Council hereby calls a special election to consider the measure described and incorporated in the form of ballot as Exhibit “B,” which election will be conducted on November 2, 2022 (hereafter referred to as “Election Day”). The City Clerk shall act as the election official to conduct the election and shall have 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. The Council also finds that any applicable notices of hearing or election have been waived by the sole landowner of the area to be annexed.
(d) The Council hereby calls and schedules an election for November 2, 2022, at 6 p.m. on the measure of the annual levy of special taxes on taxable property within Annexation No. 13 to CFD No. 2005-1 to finance public services within CFD No. 2005-1, including Annexation No. 13 to CFD No. 2005-1. (e ) The measure to be submitted to the voters of Annexation No. 13 at such special election shall be as follows:

The measure to be submitted to the voters of Annexation No. 13 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 September 21, 2022.

Section 8. Election Procedures. The procedures to be followed in conducting the election shall be as follows:
(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 on 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. 13 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 on 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 2nd day of November 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 9. Certification. The City Clerk shall certify to the adoption of this resolution.

SECTION 10. Effective Date. 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. UNDEVELOPEDPROPERTY
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. 13

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, November 2, 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 September 21, 2022?
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: 30.450
Number of Votes: 31
Property Owner: DMP Development Corporation Inc
2001 Howard Road # 211
Madera. CA 93637
Property Owner/Authorized Representative Signature: ________________________ □
□

BALLOT MARKS
Appropriate ballot markings include any one of the following for either the YES/Approved or NO/Not Approved blank box:
(g
[g]
A check mark substantially inside a box;
An X mark substantially inside a box;
A dot or oval mark substantially inside a box;
A completely shaded or filled mark substantially
inside a box;
A line, single or dashed, or combination of lines,
through the box area. Lines may be any one of the
following marks: horizontal, vertical, or diagonal.

The mark may either run from side to side or corner
to corner. All valid lines must be substantially
within the box area and not marking any part of
another blank box on the ballot;
A circle around the box and/or associated
clause; or
A square or rectangle around the box and/or
associated clause.

Balloting marl<s shall not extend past one box area into any portion of another nor surround the perimeter or any portion of more than one box area. Marl<ings that extend past one box area into any portion of another or surround the perimeter or any portion of more than one box area shall be considered invalid and not counted.

ATTACHMENT 2
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, DECLARING AND CERTIFYING THE RESULTS OF A

SPECIAL ELECTION, AND ADDING THE TERRITORY IDENTIFIED AS ANNEXATION NO. 13 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
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 Vineyard Estates Tract S1-S-02 & S1-S-03/TSM 2020-04 Subdivision (hereafter referred to as "Annexation No. 13") to Community Facilities District No. 2005-1 (Public Services). Annexation No. 13 will consist of 135 single family residential units and 2 landscape lots located north of Sunset Avenue; and
WHEREAS, the City Council, following a public hearing on the annexation and special taxes, adopted a resolution calling an election and duly held an election in the area of Annexation No. 13 on November 2, 2022; and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 13 has been received from the property owner or owners of such territory; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 13 for each of the ninety (90) days preceding November 2, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 13 shall be the "landowners" of Annexation No. 13 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. 13; 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. 13 to the qualified electors of Annexation No. 13 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 13; and WHEREAS, the City Clerk of the City of Madera has caused ballots to be distributed to the qualified electors of Annexation No. 13, 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 measure 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. 13 (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. 13 as follows:

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

SECTION 2. This City Council does hereby find and determine as follows:
(a) The canvass of the votes cast in the Property to be annexed to the District at the special election held in the territory of Annexation No. 13 on November 2, 2022, as shown in the Certificate of Election Official and Statement of Votes Cast is hereby approved and confirmed. (b) The unanimous consent to the annexation of Annexation No. 13 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 13, and such consent shall be kept on file in the Office of the City Clerk. (c) Twelve (12) or more registered voters have not resided within the territory of Annexation No. 13 for each of the ninety (90) days preceding November 2, 2022, therefore, pursuant to the Act the qualified electors of Annexation No. 13 shall be the "landowners" of such Annexation No. 13 as such term is defined in Government Code Section 53317(f). (d) The qualified electors of Annexation No. 13 have voted in favor of the levy of special taxes within Annexation No. 13 upon its annexation to CFD No. 2005-1.
(e) The City Council is hereby authorized to take the necessary steps to levy the special tax authorized by the Measure in the area of Annexation No. 13.

SECTION 3. The boundaries and parcels of territory within Annexation No. 13 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 the territory in Annexation No. 13 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. 13 and hereby authorizes the levy of a Special Tax at the Rate and Method of Apportionment set forth in Exhibit A to the Resolution Authorizing Annexation, Authorizing levy of Special Tax, and Calling Special Election.

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

A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder not later than fifteen (15) days after the date of adoption of this Resolution.

B. An Amendment No. 13 to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder for Madera County not later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. This resolution is effective immediately.

Exhibit A
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. 13

SPECIAL ELECTION
held in the City of Madera, on November 2, 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. 13 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 CAST: YES________
NO ________
WITNESS my hand this _____ day of _______________, 2022 Exhibit B
Annexation Map

YICINJYMAP
·······
•.•.,
'••
.
-
.
·
., .. t: ·HOO:!_,,:

ANNEXATION MAP NO. 13
COMMUNITY FACILITIES DISTRICT NO. 2005-01
i
Q
C
a
CITY OF MADE.RA

COUNTY OF MADERA

STATE OF CALIFORNIA
0 I I J
Legend
IW+ £1 --~ ~-
_
-
..............
- -....--. OJ ITO
~T7K 1 111
c_·_·_-_.J Qly~
D Nftllalmhn:els
<I) Map Rel!flftOe Number
11n • 2eoree1

MAP REFERENCE

NUMBER ASSESSOR'S PARCEL NUMBER
I 006-450-011

SHEET I OF I
FILED IN TK OFFICE OF TH£ CfTY CLERK THI$ __ _ OA'fOF ___ ,.__

I HEREBY CERTIFY TMAT THE WITHIN MAP IHOWINO
l'fllOPOS[O IOUNDARIH 0, ANNEXATIC.. MAP NO 1J OF
COMMUNITY MCLITIU DllflltlCT NO. 200&-01, CITY o,
IMDUIA, COUN1'Y OF MAO£AA, ITATE 0, CALIF-OftNIA, WA!
N'PRO\l!D av M CITYCOUNc:a. 0, THE CITYOf' MAOERU,T
AAEOUI.AR ME!ffiG, THEREOF, HELO ON THE __ _
OA'f OF - 20_ BY IT'& RESOlUTIOH HO.

CITYCl!II< CITYOFWAOl!:IU
FILED n«s _____ DAY OF ____ _
20,,...ATTHE HOUROF ___ 012DCK ___ ,M IN
100K ___ PMiEII) ___ 01' MAP$ 01'
AiiUiMf.NT ANO COMMI.NTY FAOIJTIH DliTRICT Nm
NIT AUMENT HO ===== If Tl4I OFFICE Of THI
COUNTY IUCORDE.R IN M COUNTY Of WAO(AA, ITATIE Of C.AllfONU.

COUNTY RECORDER
COUNlY Of MADERA
ITAJt OF CALIFORNIA
M:HJl!ENCE II lrAADE tO THAT IOUIIDARY OF coeaumv
1ACILITWI DIITIIUCT HO. 200'-0I 0, tHE CffY OF MADl:ltA RECORDED WITH THE MAD£RA cat.M'Y RECORDER'S OFFICE
ON OCTOBER 7, 20Ce, IN 8001( • OF MAPS OF ASSE!SMEKT
AND OOMMUNrTY FACILITIES DISlRlC1' ON MGES •2
THROUGH•,) THE LINH NI) DIMfNSION-S OF EAQt LOT Oft MRC(l IHOWH OH THII DIAGRAM I HAll Iii lM06&: llNU ANO mEN110NI Al IHO'WN ON THI MADCRA COUNTY
AS!E5901t9 MAI'S ,0111 tMOSE l'AACCLIUSTED.

THE MADERA OOUHTY AS5HSOft'S MAP SHAU GOVlRN FOR
ALL DEt.t.l. OONCERNWG 1'HE LNES AND DNENSl~S OF
$UCHLOTS OR PARCELS,
W w1LLDAN
Exhibit C
List of Assessor Parcel Numbers and Landowners
APN Landowner
006-450-011-000 DMP Development Corp.

ATTACHMENT 3
Vineyard Estates, Tract S1-S-02 & S1-S-03/TSM 2020-04
Subdivision Map
f
l
i
;
,,.
--- S££ SHCEI 4 ---
5/ 'r·· . _~ i"-..."'l' /;1.
4'
42 SI.IIDl'MOM NO. rr,-o,. 'ffi[Y'Nt:0 W£ST ~A!il[ Ill IIIEC Dtl> N 900IC ~I , OS l-11•. M.C.lt.

I
I
I
·~-
-
ci~~
Z~-:,::-.;' 0::
... ,
"
.. "
m
.. .. "
" "' o, ~· m1
m,
-
.,'" ,
-nr ro~ .Ji_ c:::::d.z..-
o,
"'
REM>INDER PARCEL '"
=:·mr.w
LIIL ....... ,.,_,..IIM,
••no-1n,..o•l. ,mJIIDlilOlf.lllDITISl/r
:u,~u;=' "'
-~ a IOI."
n ii ~:-
?lt.#'"'4lll"t:(J1..t.Nf(W,~ - --- 11':i, -
-----=-=--=-=--=-::.. ~~UE_ ~ - -
_.:::;_ .

SW
0 8
_
w
a:---
11 I
N<lllll<
K/U; 1·. o::/
---~ 4(/
-,1 . .-
"
,.a.·" .,·
.. ,,
....

I U I'
.. "" ,,
......
...,
,,..,
,a.,,.
......
.. .,.
.,,..
..... ..... .....
..,,
.,_.,.
-
...

SUBDIVISION NO. ZI -S- OZ
VINEYARD ESTATES PHASE flf-A
(A
PLANNfD UNIT D£VfLOPM£NT)

IN THE CITY OF MADERA,

MADERA COUNTY, CALIFORNIA
i1tl Harbrs:'~T:r~':tfo~al, Inc. Ill.I - Sum,-. - n..tn l!el£ ... -. 111111t,.., ,._a,ma1• MllaJ • •NII 1111/t#J,.,,,,_ H!T Dlftt[ N' [OIi!
Cw,otldil1 ,..,, .. _, ..
-... .... ... , ,.,. ..... ... .... ... , .......
...... rwu· t.t . .r '" ,..,,. ..... M'61'-W IOIJI' " _.,, t,1Uf ,.,.,,. 1M1 "' .... ,,uw ,.,...,. ,.,.. .. .. , ... ..... Nfu• "" "' .,,~ "'"' ....... • ,.w " ,.,,.,....., ..... r-.r•r ... ,, , .. w.w m.o, NlJ" .... .. lillf'tnr•
..... ... ,., .... "' , ..... ..... 10'X' ... ••1.21' e ..... "'"""' ·-!U f "' ""' ..,,., "'"' rur " ..... ,... ...... ,., ... .,.,. '" !I0.16' ..... n,6'11" l l)'a.07' " ....,,,,, ...... ,_. "'" '" ,,. ... """ 11'11.k' ,w,• .. ....,,,,.. """' ·-· ,..,. "' 11:Ul' .,..., u:ucr .. 11..,tu .. ...... "'"' ... , '" DI.W .... ....,., "'" ... ,tJffl/'1/'rt ..... ..,,.,. . ... ,. "' ,,..,. ..... WM'O!" IOIJY ., ........... ..... .... ff. , ... "' .. ,.. "'"' .... ., .. ... "' "'""' .....

M..,,.- ... ,.. "' "'" "'"' U"llll' ,~,,. m1 "'""' ..... •t'Jt'2J" ... "' . ... "'"' ....... ..... -IIO°tO'Oo'I
..... ..... 11· 41 ,M' "' IU1' )}IOI)' 11v..- , .. , mo -
..
..... N' .. •~• ..... ..... '" ..... .. ., ..... q)'n' ..... •J~CO' IT4t44' ..... •II.OD' .. .,. •J~CO' 9 .. ,.,. • .,., LEGEND
fl itt~OOfM'.ll~f(Mjf#OOMl((PUAltl(lfllr;
• -...0-1 ,~A!~
--
, ... ... , .......
... 116"6-0... ... "' -""
... ""'
"' ""'"' "' "''"" '" .. , ........ ,n N:ll'•l'Ol"l
"' ........ ... Nl~11'l:t't "' 1m,•~-. . .. "'""' "' _,,... ... "'"''" "' 11rtonr. ( J Oo\lA l'(Jt; PtMO. u# 110. ot+OJ. KOC!aD IN 10C1t 6> " ""' •t P,1,CQ 11& #0 tit. wU. (( )) ~".:!'us::'::r"IIO,O)-r"ll,, """1"'1)'1$T~ll,JltWICtllllllOQI!~~~ ( J ~l•PJl.,._IIQ.O)-S-0,,~NIO"IST"""ail,MWIXDIMtoOl(,t('K-S, ICStl>-114-U.tJI •
6 MNCUSL't owe.um'°'~ s111tc11101 occ "'°'
~ ,. o.1u,.c
111.C.l. l,l«V,IXUm'-
OA'M.C. (ffl(.W..l(C:CIMillw«bCOIMY
£ 10'~Ytl(l)iiCAmlRlfl~ t1flf!fWll"11YIVlfOIONJtooea.otf llf(Oll(O IIC'" ffl9TIIY f9£'!!fP ffl9!'i PFE2R "f PHYW 5'I f'\/1:S f'Y'f9iP & ~liOWorqm>rQll~na!R:11~$1llllll NICIIIVl't~R:ll~UX.

M. _,..ffltllmnll~ICNnll"--&ICll1l11'V l.lJDGll~nllll>AJOIISf. ~- -
• I
' f u q ~~ ~ fi p it ,; ! <
n d d ,. Iii i ;; t r f :
! - :
l •
1 1 ! ~ ; ; ; s . -; ! • ~ • so: • • t f ( I
• I B B u >~ e • u ~i~ ! a : i ~ t:: ~ I 1,
Cl> ~ n I. t ~ ;: . f i 0"1Ji'.::- - ]
i!! I !
- L .. ~ i I I d
l tl)'2:<z i I ! Cl) t..,j a:: Ck'. • • • • • • • • • • ! < • ii i ! i i i l ~ ~we ~ C\)Q.;..J ~ ~
',1 n ~ i '
~ )~ k ~ B ~' ~ ~ ~ ~ :c La = ! • § ~' -¼'!i!"'u ~ ~ B B . ' ~ ~ j; ~ . ~ ~ .J ~i::~~>-' r i ; ~ i J; n ~ ~ h~ ~ I i i i ll ; I :-,:... >- ,t,; L -. L,.J ~~;E~ ~ : i i ; §
- j lh ! j 11 n kk k k n H ;n 0
~~ I I I i! i > ::::;oo u f g
~ e WU 1 it n H ~' ~ ~ ~ ~ l ~
~ i t f ! i ! f i
::,;~., i!: ~ h ! ~ • ! g ~ a ~ ~ ~
i
1i itii ! ! <:i ~ ei i ii I t §~~~~ <El au a ~ 5 5 • a 5 5 a;; 33 I 1 1 f !Ii ' I I,') ... :,; J ~ '~ ~a ~ a = ~ ll ~ n n -~ = l ~ ~ S:'-'- < ~ • • tl l·*·i . •• • • f = •• 0 pt :1! •i I ! i ' .. ~
-B B h ;'! ~ ..
~' u 11 1 i 'k z 1~ t~~~i!: f? I I ! i n d t. ~}' L,.J
C> liiti~H i I ! i w
n n H H n n n kk k k in ..,
l • ll ll ll S .. . ,.. ;:t
-~i
n ~ ·- ?:, ~ . ~ . ~ n ◄ ' ~ ~ ;~ --~ 5 ~ ~ -~-<J ~d
i: ~ •• . ~ •• . ~
l • • 3 •• • • • • 8 • Ba • a g. ! • 5 ii
v
... ..,
..,
vi
..,
..,
"'
n ~. i ~ •• ~ ;i n k ~ d ii ~ ~ ~ i n e - n -~ . ~ ~ ; •• • • • a - i •• . ~ ~ ~ i u ! ~ ~ ~ ~ ~ ) k ~ ;t H ~~ H B n u = ~ n ._ ._ w • J 5 h B H H l, i § < • • ! L n u n • 8 H n s s n B n H s s s s ,~ l ! • 1 u St u d HJ j ~ i l !; ~ s. n H H n • 8 • l ~~ g" . n ;
~ ~
• ii ". ~. 1:;;:
••
~-
~ . n j: ~
• a
l • D 0 •• . ~ •• a• • a a a 2 • a;; B ti So 5 5 5 5 5 5 3 5 • ! n ~ t H j i u HE ~ r
• 1 H ii E n Si i nt I. ••
! ;: ; = ;; •• ; . If ; ~ ii
r------
1~-----i-
~_::-_-:-=~_:=~~--;; ~---;;:;- --~- - -=7 ! - T
____ 7 __ 1 =c
-
1 ... ., ,.,.. 1 , r , ·-·-·- - -
, : l0'" I r- ---
1 ........ , ,,,._ ... ,,,
--
• , 'tlll!inllll)MS '
f---il 1' .. ,. ... .. - ..... I
.. , ..

I r •• '
'"" , ' - j "'"' I ~__Ji! .,,. ..,,. ,! jl11--- I ""' I ' L I ,l ..... """ IiJ """ I ""' "'" 11 - ,I I
1 L- ' ,0110: I I I ....
, ""' ..... ' i I , I """' , ' 1' i ,or'°' I
I ""' , -- ""' l r-1'---- .. , "' I l01 ,oe I I
_j_ I ' -, ------"f-----..J.----
IOllt '°' ,.,
"°'"
I.bl II• I.bl l!I
l.01 llt ..... ,t r---~;--
1 i
-----~
i i
MIIO •-•
~
·-
...........
i
i
."-- ! ·
, I SEE SHEET 3
r l
·y:_
, "--.. I --~
/~
NORTH
$ICAI.C , ... 1111
eo· t0' o ,.,
LEGEND
SUBDIVISION NO. 21 - S- O3
VINEYARD ESI'ATES PHASE [f[-8
(A PLANNfO UNIT OfVE:LOPMfNT)
IN lliE

CITY OF MADERA,

MADERA COUNTY, CALIFORNIA
M«)'f P MD fttam re Harbison lnlernallonal, Inc. IHI Efl&!Mt,.. - s..myon - .....,. --.--. All.,., -IO.l. ~ Cll M'JI. 1• ... ,._ N/MJM~,_
SttW £9\JR OE fflft
9 SCCIICWOCIIWOIIIOIMiO'ffMIPN/0,i(ffl'V.UMfW
e ¥0M.-mlOJIOAS!rS01111!1>
( ) 0.-t,. l'tl 'NICtl VI# IIO. (114-0l. MOCIIOUI .. eoc. (JI VM'S ,U P,\(O llt Al(I I! .. Y.e.l. (K )) IIAIAffll ...
l'Gf1.tn,ll¢11,
f J 0-IA Plll -.ecit\l90II IIO, ~OG. ... ~#IP IQI PIia$( i. 111 IOC)I( .. V PG$11,..llt, VU, a ,_~• ~m, tC11 .tflffl m ooe "°' iott.MH1. o.b.c.

MC.ll w«ltA Ol'.Ulll'I' lffllCfllOS
OA.tl.C. °"'°"" IIIW)ltOS "'"°"" COl,lffl
n, fM resrmrPTNfP eoe,,. pqp,m., U:Hlfll' "'fl eie, ,,.,.., • ,-11£,1. ltOW' OFftll£l) f'O' IIO)Cl,flOII 1'111 ffllCtl NI/I Vl\/1'1' f(III ,ueuc lo«, A lll)ljl01JW11m0011CAllOlltunm-l'IJlll'lll&SfQIIIIUIU'WC. ,ut ,il(Jt;(ff{Q~OQX,1,IIONr0tM1.1CU1llnV~Tl'V"l'Ot(lf(ltl'Vfll.lCUK. =
ATTACHMENT 4
CFD 2005-1 Map
l
-
1-..
•O
u:z:

J
;

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 1 to the Consultant Services Agreement Between the City and QK, Inc.

RECOMMENDATION:

Adopt a Resolution Approving Amendment No. 1 to the Consultant Services Agreement between the City of Madera and QK, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $65,000
SUMMARY:

On August 18, 2021, the City Council passed and adopted Resolution No. 21-116 approving an agreement between the City and QK, Inc. for professional planning and environmental review services (and rescinding Resolution No. 21-56). The Professional Services Agreement with QK, Inc. includes a not-to-exceed compensation of$50,000.

The Planning and Parks Departments jointly request the Council approve an amendment to the Professional Services Agreement with QK, to increase the not-to-exceed compensation to $65,000.

DISCUSSION:

The City of Madera Planning Commission, at its Regular meeting of April 9, 2019, took action to adopt a finding of a negative declaration consistent with the requirements of the California Environmental Quality Act (CEQA) and to approve Tentative Subdivision Map 2019-02, a 134-lot single family residential subdivision on approximately 25.75 acres of land located on the northwest corner of the intersection of Sunrise Avenue and Tozer Street. With recordation of the final map, the City accepted dedication of Outlot “A” of the final map, in fee, for purposes D-1
of an approximately 1.69-acre public neighborhood park (hereinafter referred to as Tozer Park).

The City is seeking to apply for an Outdoor Recreation Legacy Partnership Program (ORLP) grant; a federal National Park Service (NPS) competitive grant program. The intent of this program focuses on communities with little to no access to publicly available, close-by, outdoor recreation opportunities in urban areas. ORLP funds the acquisition or development of new parks, or substantially renovate parks in economically disadvantaged cities or towns of at least 30,000 people. The Round 6B application deadline is December 15, 2022.

Eligibility requirements for the grant program mandate that at least 50% of the total project cost must come from an eligible match source; and, require that applications have already completed Section 106 and National Environmental Policy Act (NEPA) environmental documents.

City acceptance of the land dedication for purposes of Tozer Park presents an opportunity for the City to competitively pursue ORLP grant funding. Preliminary conceptual design improvements and construction are estimated to result in $790,352.64 in reimbursement expenditure from City Development Impact Fees (DIF). Conceptual designs include a large, turfed area, perimeter tree planting and landscaping, and, a tot-lot with playground equipment. However, in order for the City to be competitive in its pursuit of the grant, the inclusion of additional amenities for the park is anticipated. The City’s goal in pursuing the grant will be to provide additional available outdoor recreational opportunities and amenities for underserved neighborhoods in close proximity to Tozer Park.

Given the short amount of time available prior to the December 15th application deadline, the Planning and Parks Departments desire to enlist the professional services of QK, Inc., under the Planning Department’s existing Professional Services Agreement (and permissible scope of services included within the existing Agreement) for purposes of preparing the necessary Section 106 and NEPA environmental documentation, and to provide assistance with park plan preparation and grant writing assistance. However, costs associated with these professional services will exceed the remaining balance of funds available under the current not-to-exceed compensation amount of $50,000. Therefore, staff requests the Council approve and amendment to the Professional Services Agreement with QK, Inc. to increase the amount of the not-to-exceed compensation to $65,000.

No new appropriation is necessary. The additional monies ($15,000) required for the amended contract will be sourced from funds available in the FY 22/23 Park Administration approved budget. This will allow the Planning and Parks Departments to contribute jointly to this effort while retaining remaining monetary capacity for future Planning contracted services with QK, Inc.

FINANCIAL IMPACT:

The approved City 2022/23 Fiscal Year budget contains sufficient funds to accommodate the reallocation of funding from the FY 22/23 Park Administration approved budget to the Planning Department’s Contracted Services account. Collectively, the reallocation of Parks funds along with the appropriation of funds to the Planning Department’s Contracted Services account which were approved by the Council at its regularly scheduled meeting on October 19, 2022 (Resolution No. 22-179), will provide sufficient funding to cover the costs for professional services which are necessary to competitively pursue the ORLP grant, while also retaining capacity under the Professional Services Agreement with QK, Inc. to assist with future Planning projects.

Additionally, the desired Tozer Park improvements and outdoor recreational amenities, which may be funded, in part, through matching ORLP grant funds (if successful in award), will not require the City to commit additional dollars from DIF funds, and will subsidize the availability of DIF funds for other park and Capital Improvement Plan (CIP) projects in the current and/or future fiscal years.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is not specifically addressed in the vision or action plans. However, the requested action contributes to Strategy 404, intended to foster and promote increased opportunities for community wellness and accessibility at parks. The proposed action also directly supports Strategy 411, intended to enhance and expand recreational activities available to Maderans; and more specifically, Strategy 411.5, continuing to seek funding to improve recreational access at new and existing facilities including facilities designed to serve citizens with all mobility levels. In addition, the proposed action supports Strategy 414 which aims to ensure recreational availability by providing a park in close proximity to every neighborhood and prioritizing areas that are parks-deficient.

ALTERNATIVES:

Should the Council not take action on the proposed amendment to the Professional Services Agreement with QK, Inc., further pursuit of the ORLP grant will likely either not be possible or will be competitively compromised.

ATTACHMENTS:

1. Resolution Approving Amendment No. 1 to the Consultant Services Agreement between the City of Madera and QK, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $65,000

2. Amendment No. 1 to the Consultant Services Agreement between the City of Madera and QK, Inc.

ATTACHMENT 1
Resolution Approving Amendment No. 1 to the Consultant
Services Agreement between the City of Madera and QK, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $65,000
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING AMENDMENT NO. 1 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND QK, INC.

WHEREAS, the City is in need of land use planning and environmental review services in connection with its efforts to assure compliance with applicable State regulations, City municipal codes and standards; and
WHEREAS, QK, Inc. has been identified as a firm having the professional competence, experience, and qualifications to provide professional planning and environmental services; and WHEREAS, the City adopted Resolution No. 21-116 approving the City to enter into an agreement with QK, Inc. for the purpose of providing professional planning and environmental services; and
WHEREAS, it has been determined that additional planning and environmental service assistance is warranted; and
WHEREAS, City staff is requesting an increase to the contract amount to include additional planning and environmental services including environmental review services for grant application assistance; and
WHEREAS, the City has prepared an amendment to the to the Consultant Services Agreement between the City of Madera and QK, Inc. (“Amendment No. 1”) which is in the best interest of both parties; and
WHEREAS, Amendment No. 1 increases the not-to-exceed compensation of the Consultant Services Agreement by $15,000 to a total not-to-exceed compensation of $65,000; and WHEREAS, source funds for the amendment to the Professional Services Agreement are available in the approved Planning Department and Parks Department 2022/23 Fiscal Year Budgets for Contracted Services; and
WHEREAS, the City Council authorizes the Planning Manager to spend the Planning Department's 2022/23 Fiscal Year Budget for Contract Planning Services in the amount not-to-exceed $65,000 for compensation for Professional Planning and Environmental Review Services performed by QK, Inc.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA DOES HERBY RESOLVE, FIND AND ORDER AS FOLLOWS:

1. The recitals listed above are true and correct.

2. The City approves the Amendment No. 1 to the Consultant Services Agreement with QK, Inc. to increase the not-to-exceed compensation fee by $15,000, to a total not-to-exceed compensation of $65,000, a copy of which is attached hereto and incorporated by reference.

3. The Resolution is effective immediately upon adoption. ********
ATTACHMENT 2
Amendment No. 1 to the Consultant Services Agreement between the City of Madera and QK, Inc.

AMENDMENT NO. 1 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND QK, INC.

This Amendment No. 1 to the Agreement titled “Consultant Services Agreement” is made and entered into between the City of Madera, (“City”) and QK, Inc., (“Firm”).

R E C I T A L S
WHEREAS, on September 16, 2021, City and the Firm entered into an Agreement for professional planning services; and
WHEREAS, during the performance of the Agreement, the Parties have determined that additional planning and environmental review services as well as grant application assistance are needed; and
WHEREAS, City and Firm wish to amend the Agreement to increase the Agreement’s total not-to-exceed compensation for additional work in accordance with Amendment No. 1 to Agreement and change the scope of services to include environmental review services for grant application assistance

A G R E E M E N T
Based on the foregoing recitals, the Parties hereto mutually agree as follows:

SECTION 1. Section 3 of the Agreement titled “Compensation for Services” provides the total not-to-exceed compensation to be paid for services under the Agreement. The parties agree that the Agreement is amended to provide that the compensation to be paid for the professional planning services as provided in Section 1 of the Agreement titled “Scope of Services” in accordance with the Scope of Services identified in “Exhibit A” of the Agreement, shall be increased $15,000 for a total not-to -exceed fee of $65,000.

SECTION 2. Except as amended by this Amendment No. 1, all other terms and conditions of the Agreement remain in full force and effect.

SECTION 3. This Amendment No. 1 to the Consultant Services Agreement shall be effective upon full execution by both parties.
(SIGNATURES ON NEXT PAGE)

CITY OF MADERA
A municipal corporation of
the State of California
By: _________________________________
Santos Garcia, Mayor
Date: _______________________________
ATTEST:

By: _________________________________
Alicia Gonzales, City Clerk
Date: _______________________________
QK, INC.

By: _________________________________
Ronald J. Wathen, PE
President/CEO
Date: _______________________________
APPROVED AS TO FORM:

By: _________________________________
Hilda Cantu Montoy, City Attorney
Date: _______________________________

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Utilization of Three-Party Agreements for Professional Environmental Consultation Services RECOMMENDATION:

Adopt a Resolution Approving a Program for the City of Madera’s Use of Three-Party Agreements for Purposes of Providing Professional Environmental Consultation Services for Projects SUMMARY:

Staff request the City Council approve a program for the City of Madera’s use of three-party agreements for purposes of providing professional environmental consultation services for discretionary projects. Subject to City Council approval, the proposed program will be facilitated by staff through creation of a standardized three-party agreement in consultation with the City Attorney, which is predicated upon the key components and program goals and objectives cited in this report herein below.

DISCUSSION
With limited exceptions, the California Environmental Quality Act (CEQA) applies to discretionary “projects” proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is otherwise determined exempt from the CEQA. (ref. §21080 of the Public Resources Code).

Pursuant to the CEQA Guidelines, a “Project” means the whole of an action, which has potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which may be described as any of the activities identified at Section 15378(a) of the California Code of Regulations. This includes activities D-2
directly undertaken by public agencies as well as activities supported in whole or in part through public agency assistance, and activities involving the issuance of a permit or other entitlement by a public agency.

These provisions of the CEQA afford a broad spectrum of applicability and require most development projects processed through the City to perform some level of environmental review.

While the CEQA Guidelines provide recommendations to reduce delay and paperwork, technical studies prepared by experts in various fields who meet minimum professional qualification standards and/or the preparation of Initial Studies are often required to provide substantial evidence for CEQA findings. Execution of agreements with professional consultants to prepare these technical studies and accompanying documentation and environmental findings is critical to achieve compliance with the legislative intent to provide, maintain, and preserve a quality environment; as well as, to ensure that local agencies have the ability to adequately consider potential impacts and make informed discretionary decisions based upon the potential environmental effects which may result from approving a project.

Similarly, when jurisdiction applies, the National Environmental Policy Act (NEPA) requires government agencies to engage in a review process intended to discover any significant environmental and public health impacts before a decision is made or construction begins.

Utilization of three-party agreements allows local agencies, private project applicants/customers and consultants (who are engaged in the business of furnishing technical and professional environmental consulting) to execute agreements with standardized terms in order to achieve environmental compliance in an efficient, expeditious, qualitative, and defensible manner; and, which also meets project goals and processing expectations. These three-party agreements between local agency, applicant/developer, and professional consultant(s) may be utilized as an alternative, or in addition to, on-call service contracts executed directly between a local agency and consultant(s).

Program Goals and Objectives
Key components of a three-party agreement and the goals and objectives for implementing a City program for utilization of three-party agreements include the following:

Consultant Selection, Timely Preparation and Delivery.

Provide private project applicants an ability to assume the primary responsibility of selecting a qualified consultant; thereby, affording an applicant greater influence over project timing to achieve desired timeline expectations and goals while minimizing demand on limited City staff resources. Private project applicants may propose qualified professional consultants and independently negotiate compensation with potential consultants to facilitate timely preparation subject to a City approved scope of work/services (as needed to facilitate an accurate and legally defensible environmental document). Consultants shall hire all subcontractors in consultation with City staff. Consultant and/or subcontractors are responsible for identifying and avoiding any impermissible client conflicts of interest.

Consultant engagement and preparation of environmental documentation may begin earlier in the project process. Following preliminary application review and approval of a scope of work and services by the City, preparation of studies, analyses, and documentation of findings may begin immediately and need not necessarily wait for formal application submittal or acceptance.

This advantage has the potential to cut weeks or even months from an overall project processing timeline.

Direct Compensation.

All costs associated with a consultant’s performance of the services described in the scope of work including all work incidental to, or necessary to perform, such services are paid by the applicant under a separate agreement with the consultant. This relieves City staff from having to act as a pass-through or go-between for purposes of tracking invoices and/or receiving and delivering payments. Removing additional steps and intermediary responsibilities when direct business relations may be facilitated between participating individuals through terms of agreement creates efficiencies in processes.

Remove Potential Bias or Influence from the Environmental Review Process.

In the furnishing of the services provided under a three-party agreement, the consultant acts solely as an independent contractor. Neither the consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner, or associate of the City for any purpose. City shall have no right to control, supervise, or direct the manner or method by which Consultant shall perform its work and functions. The City retains authority over the scope of work, the environmental process and content, as well as the right to administer the agreement and to verify the consultant is performing its obligations. Any and all writings and documents prepared or provided by a consultant become the property of, and shall be turned over to, the City at the time of preparation. City staff retain the right to make recommendations either in favor of or against adoption of the environmental findings for purposes of the project.

Alternatively, despite an applicant having the ability to select a qualified consultant, communications between a consultant and applicant for purposes of obtaining project information and/or making public presentations related to the preparation of environmental documentation and findings is coordinated strictly through the City. Subject to the terms of the three-party agreement, consultants are not permitted to make any change to documents to be prepared within the scope of work without written approval of the City.

Protection of the City and Public from Liability.

Approval of private development projects are acknowledged as being for the benefit of the applicant/developer. Applications for projects are a voluntary act on the part of the applicant and not the City. Therefore, apart from provisions within a three-party agreement, the City includes indemnification requirements within all of its project conditions of approval requiring the applicant to agree to defend, indemnify, and hold harmless the City and its agents, officers, consultants, independent contractors, and employees from any and all claims, actions, or proceedings against the City to attack, set aside, void, or annul an approval by the City concerning the project, including any challenges to associated environmental review, and for any and all costs, attorneys fees, and damages arising therefrom. Nothing obligates the City to defend any claim and shall not be required to pay or perform any settlement arising from any such claim not defended by the City. Nor is the City prohibited from independently defending any claim.

This practice and these provisions of conditional approval remove burden or liability from professional consultants to indemnify, hold harmless or defend the City, or to furnish insurance protection from the consultant and/or subcontractors in favor of the City. This simplifies terms of three-party agreements and provides for more expedient execution.

FINANCIAL IMPACT:

Under the terms of a three-party agreement, all costs associated with a consultant’s performance of the services described in a scope of work including all work incidental to, or necessary to perform, such services are paid by the applicant.

No negative financial impact will occur as a result of program approval or implementation.

Program implementation requires no funding or expenditures by the City. Alternatively, efficiencies created through program implementation may reduce demand on staff resource time reducing salary, contingent labor, or administrative costs to the City.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is not specifically addressed in the vision or action plans. However, implementation of a program which will contribute to greater efficiencies and the potential to expedite private development applications supports aspects of the Guiding Principles intended to ensure the long-term economic viability of Madera. Furthermore, a program intended to ensure adequate and effective environmental compliance through professional environmental consulting services contributes to areas of emphasis and strategies within the Vision Plan for purpose of promoting a healthy and quality environment for the City.

ALTERNATIVES:

Should the Council not approve a program for the City's use of three-party agreements for purposes of providing professional environmental consultation services for discretionary projects, City staff will continue to rely upon existing and limited on-call consultant service contracts and may need to pursue and advertise additional requests for proposals to maintain capacity and/or create greater efficiencies in project processing. This removes opportunities to create greater efficiencies in processes and resources and therefore, also reduces ability to achieve greater expediency and timely delivery of projects to applicants/customers. 1) Resolution Approving a Program for the City of Madera’s Use of Three-Party Agreements for Purposes of Providing Professional Environmental Consultation Services for Projects ATTACHMENT 1
Resolution Approving a Program for the City of Madera’s Use of Three-Party Agreements for Purposes of Providing Professional Environmental Consultation Services for Projects
Resolution No. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING A PROGRAM FOR THE CITY OF MADERA’S USE OF THREEPARTY AGREEMENTS FOR PURPOSES OF PROVIDING PROFESSIONAL

ENVIRONMENTAL CONSULTATION SERVICES FOR PROJECTS
WHEREAS, the City is a public agency which has principal responsibility for carrying out or approving a project which may have a significant effect upon the environment; and WHEREAS, the City is responsible to act as Lead Agency in accordance with the California Environmental Quality Act (CEQA) for purposes of preparing environmental analyses and findings for discretionary projects; and
WHEREAS, a Lead Agency is responsible for the adequacy of its environmental documents; and
WHEREAS, each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and its Guidelines for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents; and WHEREAS, the Council wishes to adopt a program for the use of three-party agreements for purposes of providing professional environmental consultation services for projects.

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 and incorporated by reference.

2. Council finds the use of three-party agreements as described in the staff report for this resolution is in the best interest of the City and its project applicants.

3. The Council approves a program for the City of Madera’s use of three-party agreements for purposes of providing professional environmental consultation services for discretionary projects.

4. A program for the City of Madera’s use of three-party agreements for purposes of providing professional environmental consultation services shall be predicated upon the key components, goals, and objectives identified within the staff report to the City Council dated November 2, 2022.

5. The City’s Community Development Director in consultation with the City Attorney is directed to take all actions necessary to effectuate a program for the City of Madera’s use of three-party agreements for purposes of providing professional environmental consultation services for discretionary projects.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Actions related to Reimbursement to Developer for Almond Park Improvements RECOMMENDATION:

Adopt a Resolution Approving Reimbursement to Joseph Crown Construction and Development for Almond Park Improvements
SUMMARY:

The Planning Commission on February 12, 2019, approved Tentative Subdivision Map No. TSM 2018-05 (Map) for the La Spezia II Subdivision. Attachment 1 illustrates the location. The Final Map that includes an offer for park land was approved on October 16, 2019. The Subdivider, Joseph Crown Construction & Development entered a Subdivision Improvement Agreement which included requirements to complete certain public improvements. The Agreement did not specify park improvements on the park land that is now known as Almond Park (Park) all of which were constructed by Subdivider and accepted by the City on May 4, 2022.

As a result of the Subdivider’s understanding of actions and direction from staff, the Subdivider has constructed the Park within the La Spezia II subdivision for which the Subdivider has submitted a Demand for Payment (Demand). See Attachment 2 for Demand. While the express requirements for reimbursement of Park improvements were not met, the understanding between City staff and Developer was that the City required construction of the park and would reimburse Subdivider for park improvements.

DISCUSSION:

Typically, off-site improvements for subdivisions are the direct result of conditions of approval placed upon a subdivision as part of the entitlement process in which a tentative subdivision map D-3
is approved. Of those conditions that include improvements that are eligible for reimbursement, they are referenced directly in an Improvement Agreement (Agreement). The Agreement, when approved by City Council (Council), allows for reimbursement of those improvements. In this case, the Map conditions required dedication of the park land but did not expressly provide a condition for construction of Park improvements. As a result, the Agreement is silent with regard to reimbursement of Park improvements.

Prior to Council’s approval of an ordinance amendment to Establish a Method for Coordinated Acquisition and Development of City Park Facilities (Ordinance) on March 21, 2018, about one year before the Map was approved by Planning Commission on February 12, 2019, small neighborhood parks were not required as part of development of subdivisions. While a number of other tentative maps were considered by Planning Commission, many included the same omissions or at least the same result with regard to formal requirements for construction of park improvements or payment of in-lieu fees. Additionally, this Map was the first that actually went to construction. As such, staff had little to no prior experience with implementation of the provisions being performed in accordance with the Ordinance and therefore did not adhere to the procedures.

Regardless of the requirement for park land or in-lieu fees, the Ordinance allows that park improvements may be constructed if application is made to the Engineering Department for permission to construct “specified park and recreation improvements” after the Planning Commission or Community Development Director determines that land is required for dedication and/or in-lieu payment. In this instance, (i) the conditions of approval did not require construction of the park as a result of a request by the Subdivider and (ii) the Engineering Department did not receive a subsequent request after the Planning Commission made the determination that land was required by virtue of the Map approval. Instead, it appears that the Subdivider was given the impression that construction of park improvements was integral to the approval of the Map with subsequent actions and verbal statements by staff only affirming that impression which resulted in an informal understanding that the Subdivider would build the Park improvements. This impression is reiterated in Subdividers’ Demand.

Ownership of the Park continues to be maintained by the Subdivider as the County of Madera has determined it would not show transfer of the Park to the City based on what staff considered to be standard offering provisions. As a result, for transfer to occur, the Subdivider must transfer the deed using a different method. The Subdivider has expressed his willingness to make this transfer in the Demand in that he has indicated the deed transferring ownership of the Park site including improvements to the City is ready for recordation.

Notwithstanding the lapses that have occurred as part of this Map, the Park is considered a public benefit to the City and its residents. As such, reimbursement in the amount of $522,557.67 should be made to the Subdivider.

In the future, the Planning Department shall adhere to a methodology that will result in requirements for park land and improvements being clearly expressed in the conditions of -
approval. When properly placed, reimbursements, if eligible, will be documented in the Improvement Agreement associated with that project.

FINANCIAL IMPACT:

Reimbursement provided as a result of this item will be made from the City’s Development Impact fee program. As such, there will be no impacts to the City’s General Fund.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

Construction of the park improvements furthered the core vision statements which "recognizes the need for Madera's parks and open spaces to be convenient and well-maintained [which] reflects the community's desire to create a caring environment in which to raise a family." ALTERNATIVES:

If Council does not approve the request from reimbursement from Subdivider, it is reasonable to assume the Subdivider will commence legal action against the City to recover cost he believes should be reimbursed.

ATTACHMENTS:

1. Project Location Map

2. Demand for Payment

3. Resolution
Attachment 1
Location Map

Almond
Park
Attachment 2
Demand for Payment
September 29, 2022
City of Madera Engineering Department
Keith Helmuth - City Engineer
428 E Yosemite
Madera, CA 93638
Re: Almond Park Reimbursements - Demand for Payment
Mr. Helmuth:

Phone (559) 2 74-9602
Fax (559) 274 -9652
5 320 E. Pine
Fresno, CA 9 3 7 2 7
On June 20, 2022 I submitted a reimbursement request for Almond Park that was constructed within my La Spezia 2 Subdivision. Since the inception of the subdivision, I was told I would need to construct and dedicate a park to be handed over to the City of Madera by Chris Boyle.

On or about June 10, 2022 the City of Madera Parks Department accepted the park as complete. Prior to the construction, myself and my engineering team had several conversations, appointments, directives from City employees, Boyle, Scarborough, Erigio, to name a few, to order components and complete the park improvements. I have already provided invoices and cost breakdowns for reimbursement per Quimby Act and am Demanding Immediate Payment, the reimbursement request is over 90 days. A deed transferring ownership of the parcel to the City of Madera is ready for recordation.

If you have any questions or comments, please feel free to reach out to me at directly at 559- 840-7971.

Jos p Crown - President, Joseph Crown Construction and Development Inc.

Attachment 3
Resolution
RESOLUTION NO. 22-___

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

APPROVING REIMBURSEMENT TO JOSEPH CROWN CONSTRUCTION
DEVELOPMENT INC. FOR ALMOND PARK IMPROVEMENTS
WHEREAS, the Planning Commission on February 12, 2019, considered and approved Tentative Subdivision TSM 2018-05 (Project)
WHEREAS, the negative declaration adopted by Planning Commission regarding the Project addressed a Park on the site; and
WHEREAS, the staff report for the La Spezia II Subdivision as part of Tentative Subdivision TSM 2018-05 identified a requirement for parkland dedication of 1.01 acres in conformance with the City’s parkland acquisition ordinance; and
WHEREAS, Joseph Crown Construction Development Inc. (Subdivider) of said subdivision entered into and executed an agreement between the City and Subdivider for said subdivision which is on file in the office of the City Clerk entitled, “Improvement Agreement La Spezia II Subdivision (Final Map. No. 19- S-01)," wherein the Subdivider, in consideration of the approval of said map by the City and the acceptance by the City of the dedication of lands for public use therein contained, agreed to construct and complete within the time specified in said Agreement all street and other improvements required of Subdivider under the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and the preparation of maps thereof, and such street or other improvements designated or mentioned in said Agreement and/or set forth in the plans and specifications for the improvements for the La Spezia II Subdivision is on file in the office of the city engineer; and
WHEREAS, the Improvement Agreement and the entire record on this Project are silent as to any requirement for Subdivider to construct park improvements or be reimbursed for park improvements by the City; and
WHEREAS, the City staff, believed that it had required the Subdivider to construct park improvements and knew that park improvements were being made on the park site; and WHEREAS, City staff may have inadvertently represented that park improvements were required on the part of the Subdivider that resulted in construction of said park improvements, and that such improvement costs would be reimbursed by City; and
WHEREAS, the Subdivider holds title to the land upon which the park improvements have been made and has prepared a deed transferring ownership to the City that is ready for recordation per demand letter dated September 29, 2022; and
WHEREAS, the General Plan includes multiple policies that support the need to accept park improvements constructed by Subdivider such as Policy PR-1: The City shall endeavor to develop and maintain a complete system of public parks distributed throughout the City that provides opportunities for passive and active recreation at a minimum of 3 (three) acres per 1,000 (one thousand) resident.

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. Joseph Crown Construction Development Inc. (Subdivider) was acting in good faith and reliance upon staff regarding its requirement to construct park improvements and the City’s reimbursement for the costs of such construction.

3. The City Councils finds that the park improvements made by Subdivider constitute a public benefit to the residents of the City of Madera.

4. The Staff is authorized to reimburse the Subdivider in the amount of $522,557.67 utilizing Development Impact Program Parks Impact Fees.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Parks & Community Services Department FY 2022-23 Planned Improvement Projects RECOMMENDATION:

This report is submitted to provide the City Council an informational report on the status of the Parks & Community Services Department FY 2022-23 Planned Improvement Projects SUMMARY:

The City Council (Council), at its October 19, 2022, meeting, requested an informational update on the status of the Sunrise Rotary Sports Complex playground equipment to be installed. Staff is hereby providing an update on this particular project, as requested by Council, and providing an informational report on the planned improvement projects for FY 2022-23 under the primary oversight of the Parks & Community Services (PCS) Department.

DISCUSSION:

The PCS Department provides a wide range of direct services to the public and is divided into three major operational divisions: Administration, Recreation & Community Services, and Parks Maintenance. These divisions collectively strive to provide high quality recreational pursuits, preservation of parks and open space areas, entertainment, and leisure services to community members of all ages.

For the FY 2022-23, the PCS Department has several improvement projects in its sights, all while maintaining day to day services to the community. The following improvement projects are in no particular order, and only include projects which have funding appropriated for:

E-1

1. Lions Town & Country Park Restroom Project.
▪ Project Cost: $177,952
▪ Funding Source: Reimbursement-basis grant award; Prop 68 Per Capita Grant Program
▪ Purpose of Project: The grant funding was awarded for improvements at Lions Town & Country Park, specifically the complete remodel of the restroom located between Ballfield 1 & 2. Grant guidelines required distinguished capital outlay projects versus maintenance or repair projects.
▪ Status: PCS staff has been working with the Procurement Manager, as well as Public Works Department, to release a public bidding document by early November 2022. The grant performance period ends June 30, 2024. The project must be completed three months prior to the grant performance period, to allow for inspection.

2. James Taubert Park Project.
▪ Project Cost: $1,990,000
▪ Funding Source: Reimbursement-basis grant award; Prop 68 Statewide Park Program
▪ Purpose of Project: The grant funding was awarded for the development of a new park to be located at Olive Avenue and Knox Street.
▪ Status: A request for proposals released earlier this year for design services of the park. O’Dell Engineering was awarded the contract. Initial permits, field work, and a conceptual boundary and topographic survey were conducted October 2022 to assist with Phase 1 of the design services for the park.

3. Fresno River & Vernon McCullough River Trail Project. ▪ Project Cost: $832,350
▪ Funding Source: Reimbursement-basis grant; Clean California Local Grant Program ▪ Purpose of Project: Completion of several non-infrastructure and infrastructure projects to address beautification and improvement projects in and along the Fresno River and the Vernon McCullough River Trail. These include:
o Litter abatement project in the Fresno River
o Resurfacing of the Vernon McCullough cross-city trail system o Installation of exercise equipment in a section of the trail o Removal of current trash bins and installation of new trash receptacles along the trail
o Installation of playground equipment with a swing set at Riverview Park which sits adjacent to the Fresno River
o Installation of educational signage and trail markers along the trail. ▪ Status: Since being awarded the grant, PCS staff has worked with the Madera Police Department to ensure litter abatement efforts are tracked accordingly for reimbursement, ensured procurement processes are followed for the securement of the exercise and playground equipment, and began planning the procurement process of the trash receptacles and trail resurfacing components.

4. Rotary Park Asphalt Curb and Gutter Replacement Project. ▪ Project Cost: $55,000
▪ Funding Source: General Fund
▪ Purpose of Project: Address the asphalt curb and gutter replacement services needed on the median island facing the park.
▪ Status: PCS staff initially worked with the Procurement Manager to release a formal Invitation for Bid for the completion of the project. ▪ The Team is now working with Procurement, Public Works and Legal to determine if this scope of work can better be accomplished via an already executed contract with Seal Rite.

5. Lions Town & Country (LTC) Park Sunken Concrete Project. ▪ Project Cost: Estimated $25,000
▪ Funding Source: General Fund; should be noted this total will come from the $75,000 budgeted for LTC rehabilitation; referenced below. ▪ Purpose of Project: Addressing sunken concrete near Ballfield 8, located at the intersection of Industrial Avenue and Schnoor Avenue. PCS staff did meet with Procurement Manager and staff with the Public Works Department and determined the severity of the issue required immediate removal and replacement of the concrete.
▪ Status: A local concrete vendor is set to start the repair and replacement work in late October 2022. An initial ground penetrating radar to obtain subsurface data to determine whether any significant void is present below grade was completed by a local geo technical engineering firm and they will be assisting with additional recommendations after the concrete slab-on-grade is removed. The firm will review the surface will provide recommendations on any over-excavation or preparation of engineered compacted subgrade to support the new replacement structures.

6. India Park Site Demolition Project.
▪ Project Cost: $92,000
▪ Funding Source: Development Impact Funds (DIF)
▪ Purpose of Project: Demolition of one (1) well and two (2) septic systems at the site, in preparation of lot to be used for a park in the future, per agreement when land was donated.
▪ Status: An invitation for bids was released mid-2022. An award was made to MAG Engineering for demolition services. MAG Engineering is set to start work October 24, 2022, and the project should be completed mid-December 2022.

7. Sunrise Rotary Sports Complex Playground Equipment Installation Project. ▪ Project Cost: $65,000
▪ Funding Source: $40,000 General Fund, $15,059 Chukchansi Community Benefit Grant
▪ Purpose of Project: This project relates to an unfinished project from 2016.

Specific reason for why the equipment was not installed at the time unknown. ▪ Status: Staff initially planned to follow the informal procurement process and obtain three quotes to select a vendor. The Procurement Manager informed staff this project was considered a public works project and should follow such standards of public bidding. It should also be noted the equipment was purchased from Park Planet back in 2016. It has been sitting at the city yard since that time. Upon visual inspection, there are clearly some items that will need to be replaced. Quotes for install of the equipment included an initial inventory, to ensure all equipment parts have not been compromised and allows for parts that need to be replaced to be ordered ahead of the install.

We will be responsible for the cost of any replacement items. All replacement parts will likely be out of warranty. Staff has reached out to Park Planet to obtain a quote for the inventory cost to better gauge all costs associated with replacing any items and installation.

8. Memorial Monument + Plaque for Thaddeus Sran at Centennial Park Project. ▪ Project Cost: Initially budgeted $17,000, final cost $12,285.87 ▪ Funding Source: $3,157 donation, $17,000 General Fund. There is a savings of $4,714,13 from General Fund.
▪ Purpose of Project: Dedication plaque and memorial monument in memory of two-year old Thaddeus Sran.
▪ Status: A Notice of Completion submitted, awaiting Council approval.

9. Memorial Monument + Plaque for Rippetoe Family at Rotary Park Project. ▪ Project Cost: Initially budgeted $20,000, final cost $11,710.87 ▪ Funding Source: $20,000 General Fund. There is a savings of $8,289,13 from General Fund.
▪ Purpose of Project: Dedication plaque and memorial monument at Rotary Park’s horseshoe pit recognizing Harlen and Sharon Rippetoe’s volunteer services and contribution to parks and recreation spanning more than two decades.
▪ Status: A Notice of Completion submitted, awaiting Council approval.

10. McNally Park Improvements Project.
▪ Project Cost: $609,307
▪ Funding Source: CDBG FY 22/23 Action Plan award
▪ Purpose of Project: Rehabilitation of McNally Park, primarily consisting of replacement of playground equipment, basketball courts, and installation of a swing set.
▪ Status: Staff is planning to complete a thorough assessment of the park site to consider all needed improvement projects at the park. Proper procurement processes will be followed to secure contracts for the improvement projects to be completed.

11. DICK’S Sporting Goods Batting Cages Installation Project. ▪ Project Cost: $25,000
▪ Funding Source: DICK’S Sporting Goods Foundation
▪ Purpose of Project: Installation of new batting cages at Lions Town & Country Park.
▪ Status: Pending receipt of awarded donation amount.

12. Lions Town & Country Park Rehabilitation Project.
▪ Project Cost: $75,000
▪ Funding Source: General Fund
▪ Purpose of Project: The budgeted amount will assist with projects which include addressing sunken concrete near Ballfield 8, repairing lifted and cracked concrete throughout the park, drinking fountain upgrades, and paint upgrades.
▪ Status: Staff has completed such rehabilitation projects thus far that include:
o Paint upgrades to all bridges while retaining the infamous, red-toned paint.
o Installation of one stainless-steel receptor drinking fountain. o Begun painting of backstops.

FINANCIAL IMPACT:

No financial impact associated with the presentation of this informational report.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
▪ Strategy #113: Promote greater accessibility of City facilities and services to meet the needs of various cultural, socioeconomic and disabled groups. ▪ Strategy # 202: Develop/expand and promote community gathering places that reflect the multicultural community in Madera.
▪ Strategy #411: Enhance and expand recreational activities available in Madera.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 2, 2022
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment of Councilmembers for the PG&E Working Group RECOMMENDATION:

Per minute order, appoint up to three Councilmembers to represent the City for the PG&E Working Group
SUMMARY:

The City, in conjunction with other agencies, would like to participate in a working group to meet with PG&E for discussions regarding existing power supply shortages and to raise concerns regarding the inability to provide sufficient power to newly developing businesses and residential developments.

DISCUSSION:

The City and other local agencies have become aware of the inability of PG&E to provide sufficient service to existing customers as well as new residential developments and commercial projects that are planned in Madera.

Madera is currently powered by three substations, all of which are operating near maximum capacity. With the influx of business partners and developers who plan to establish new developments in Madera, the City is concerned that PG&E’s inability to provide sufficient power supplies will greatly diminish the City’s ability to grow. This could impact critical infrastructure projects, housing projects, climate action plan measures and negate many of the economic development efforts on which the City, agencies and developers are currently working.

Some of the projects that could be affected if PG&E cannot provide the necessary power include:
 Installation of new electric vehicle charging stations  New Commercial centers
E-2
 Industrial users
 Housing developments
 Future housing developments may be delayed or cancelled, which can further exacerbate housing shortages.
 The City and surrounding communities could see a stagnation in revenue as a result of diminished growth opportunities.

The City wishes to join local agencies and developers as a Working Group to discuss with PG&E, the cause for power deficiencies in the community and what strategies can be employed to mitigate these issues for future demand. Staff recommends that up to three Councilmembers be appointed to represent the City in these discussions. Meetings are expected to be held during working hours with the next meeting scheduled for November 18th 2022. To date, the following have committed to participating:
 Madera County Economic Development Commission
 Madera Chamber of Commerce
 Madera Unified School District
 Madera Community College
 Madera County Supervisor, Robert Poythress
 Span Construction
 Amond World
 MID Board Member and local grower Dave Loquaci
 Planning Commission Chair Bobby Gran
 DMP Homes, Mike Pistoresi
 Landmark Realty, Ed McIntyre
 California State Senator Anna Caballero
FINANCIAL IMPACT:

There are no anticipated financial impacts that would result from Council designating three Members to represent the City in discussions with PG&E Working Group given that Councilmembers receive a monthly stipend regardless of responsibilities and/or boards or commission meetings.

ALTERNATIVES:

The Council may elect to appoint a fewer number of representatives or not to elect any representatives.

ATTACHMENTS:

None.

← All documents from this meeting