Madera City Council
December 7, 2022

Update 12/02/2022 at 4:15 p.m. Madera City Council Agenda Page 1 of 5 December 7, 2022

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

CORRECTED

NOTICE AND AGENDA
Wednesday, December 7, 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: 870 9956 1866#. 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: Rev. Sammie Neely III, Mount Zion Missionary Baptist Church PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

COUNCIL REORGANIZATION:

1. City Council Oaths of Office and Annual Reorganization Recommendation: That the City Council:
1) Conduct the Swearing in Ceremony and Oaths of Office for Councilmembers Cecelia “Cece” Gallegos (District 1), Steve Montes (District 3), Elsa Mejia (District 5); and Update 12/02/2022 at 4:15 p.m. Madera City Council Agenda Page 2 of 5 December 7, 2022
2) Approve a Minute Order making the Appointment of Mayor Pro-Tem to serve a one-year term (Report by Alicia Gonzales)
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
PRESENTATIONS:

1. Retirement Recognition – Matt Watson, Assistant Fire Chief INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

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

B-1 Minutes – 9/21/22
Recommendation: Approve the City Council Minutes of September 21, 2022 B-2 Informational Report on Register of Audited Demands for November 5, 2022 to November 25, 2022
Recommendation: No Action Required (Report by Kingsley Okereke) B-3 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) B-4 Salary Range Assignments for Part Time Positions
Recommendation: Adopt a Resolution Approving the City of Madera Part-Time Salary Schedule Effective December 31, 2022 (Report by Wendy Silva) B-5 Award of Agreement for Medical Services
Recommendation: Adopt a Resolution Approving a Medical Services Agreement with Occupational Health Centers of California (dba Concentra Medical Centers) (Report by Wendy Silva)
B-6 Block Grant Commission (BGC) Bylaws
Update 12/02/2022 at 4:15 p.m. Madera City Council Agenda Page 3 of 5 December 7, 2022
Recommendation: Adopt a Resolution Approving the Community Block Grant Commission (BGC) Bylaws (Report by Kingsley Okereke)

B-7 Reimbursement Agreement with Origo Cold Madera Phase I LLC for Public Improvements Recommendation: Adopt a Resolution Approving Reimbursement Agreement between City and Origo Cold Madera Phase I LLC, relating to Site Plan Review No. 2021- 41 (Report by Keith Helmuth)
B-8 State General Fund Grant for $5 Million for Avenue 13 Sewer Trunk Main Rehabilitation Project
Recommendation: Adopt a Resolution Designating the City Engineer as the Authorized Representative for the Avenue 13 Sewer Trunk Main Rehabilitation Project, City Project SS-00014 (Report by Keith Helmuth) B-9 Amendment No. 1 to the Professional Services Agreement between the City of Madera and Rincon Consultants, Inc.

Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Professional Services Agreement between the City of Madera and Rincon Consultants, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $53,884.00 (Report by Will Tackett) B-10 Purchasing Agent Agreement with County of Madera Relating to CalFresh Healthy Living Program
Recommendation:
1) Adopt a Resolution Approving a Purchasing Agent Agreement with County of Madera in the amount of $23,604 relating to CalFresh Healthy Living Program; and 2) Adopt a Resolution Amending the City’s Fiscal Year 2022/23 Budget Approving the Related Expenditure Line Item related to CalFresh Healthy Living Program (Report by Joseph Hebert)
C. PUBLIC HEARINGS: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Third Amendment to the City Clerk At-Will Employment Agreement Recommendation: This report has been prepared at the direction of the City Council (Council); therefore, there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a Third Amendment to the City Clerk At-Will Employment Agreement and designating the source of funds for the proposed lump sum payments (Report by Wendy Silva)
D-2 Award of Agreement for Professional Recruiting Services and Approval of a Budget Amendment to Pay for Two Recruitments
Recommendation: Adopt Resolutions
1) Approving a Professional Services Agreement with CPS HR Consulting; and Update 12/02/2022 at 4:15 p.m. Madera City Council Agenda Page 4 of 5 December 7, 2022
2) Approving a Budget Amendment to the Fiscal Year 2022-23 Operating Budget in the amount of $49,000 for two recruitments (Report by Wendy Silva) D-3 Initiation of a Text Amendment to the Zoning Regulations of the Madera Municipal Code to Include Standards and Provisions Relating to the Quality, Quantity, and Design of Landscaping and Park Strips within Residential Zones
Recommendation: Adopt a Resolution to Initiate the Procedure to Amend Title X, Chapter 3 of the Madera Municipal Code Relating to Residential Zones in Accordance with the Provisions of Section 10-3.1500 et seq. of the City Municipal Code (Report by Will Tackett)
D-4 Acceptance of a Grant Award from the U.S. Department of Justice’s Community Oriented Policing Services (COPS) Hiring Program
Recommendation: Adopt Resolutions
1) Accepting the FY 2022/23 COPS Hiring Program (CHP) in the amount of $500,000 on behalf of the City; and
2) Amending the City’s 2022/23 Budget to Reflect the Acceptance of the Grant in the amount of $500,000 (Report by Kingsley Okereke)
D-5 Consideration of New Purchasing Procedures Ordinance Recommendation: Waive Full Reading and Introduce an Ordinance of the City of Madera Repealing Sections 2-2.501, 2-2.502, and 2-2.503 of the Madera Municipal Code and Adopting New Chapter 4 to Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Adoption of the Uniform Public Construction Cost Accounting Act (Report by Kingsley Okereke ) E. ADMINISTRATIVE REPORTS:

E-1 Compliance with Senate Bill 1205; Fire and Life Safety Inspections Recommendation: Receive an update on the City’s efforts on becoming compliant with SB1205 and provide direction, if any (Report by Matt Watson) E-2 Informational Report on the Fresno River Emergency Cleanup Recommendation: This report is submitted for informational purposes only, and there is no action requested from the City Council (Council) (Report by Jamie Hickman)
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, December 21, 2022
Update 12/02/2022 at 4:15 p.m. Madera City Council Agenda Page 5 of 5 December 7, 2022
 Wednesday, January 18, 2023
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (559) 661-5405 or by email at [email protected] .
 The meeting room is accessible to the physically disabled, and the services of a translator can be made available. Request for additional accommodations for the disabled, signers, assistive listening devices, or translators needed to assist participation in this public meeting should be made at least seventytwo (72) hours prior to the meeting. Please call the Human Resources Office at (559) 661-5401. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service.  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for December 7, 2022, near the front entrances of City Hall and on the City’s website www.madera.gov at 4:15 p.m. on December 2, 2022. _______________________
Alicia Gonzales, City Clerk

Minutes of a Regular Meeting of the Madera City Council September 21, 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: 867 0113 5155#. 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 (Zoom)
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, 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 Public Works Director Jamie Hickman, Grants Program Manager Kristi Johnson, Deputy City Engineer Ellen Bitter, Recreation/Community Program Adam Romero, Assistant Engineer Alexis Raymundo, (Consultant) Senior Planner James Troyer, Communication Specialist Joseph Carrello, and Police Officer II Michael Powell.

INVOCATION: Pastor Roger Leach, Valley West Christian Center PLEDGE OF ALLEGIANCE: Boy Scout Troop 116
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, THE AGENDA 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
Item: B-1
Minutes for: 09/21/2022
Adopted: 12/07/2022
City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 2 of 11

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
PUBLIC COMMENT:

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

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

No Public Comment was presented. Public Comment was closed.

WRITTEN COMMUNICATIONS: None
PRESENTATIONS:

1. Certificate of Recognition - Ryan McWherter, Madera County Food Bank

2. San Joaquin River Western Reaches Access Activation Plan (WRAAP) INTRODUCTIONS: None
A. WORKSHOP:

A-1 $1 Million Request from Madera Community Hospital
Recommendation: Receive information from Madera Community Hospital on its request for $1 million in funding from the City and provide direction, if desired B. CONSENT CALENDAR:

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

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, THE CONSENT CALENDAR 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
B-1 Minutes – 05/04/22
Recommendation: Approve the City Council Minutes of May 4, 2022 (Report by Alicia Gonzales)
City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 3 of 11
B-2 Informational Report on Register of Audited Demands for August 6, 2022 to August 26, 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 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: No Action Required (Report by Arnoldo Rodriguez) B-5 Informational Report on Emergency Repairs for Water Well No. 33 Recommendation: No Action Required (Report by Jamie Hickman) B-6 Remote City Council Meetings Under Brown Act Requirements (Assembly Bill 361) Recommendation: Council to decide to Adopt a Resolution Reauthorizing Remote Teleconference Public Meetings by the City Council and All Boards, Commissions, and Standing Committees of the City in Accordance with Assembly Bill 361 for a Period of 30 Days (Report by Arnoldo Rodriguez) RES 22-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

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

FOR A PERIOD OF THIRTY DAYS
B-7 Acceptance of a Grant Award from the State of California Office of Traffic Safety Selective Traffic Enforcement Program (STEP)
Recommendation:
1) Adopt a Resolution Accepting the Grant Award in the amount of $105,000 on behalf of the City and designating the City Manager as the Authorizing Official to act on the City’s behalf and execute all necessary documents; and
2) Adopt a Resolution Amending the City’s 2022/23 Budget to reflect revenues and Expenditures Related to the Grant (Report by Dino Lawson) RES 22-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING GRANT AWARD FROM THE STATE OF

CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC
ENFORCEMENT PROGRAM IN THE AMOUNT OF $105,000 AND

DESIGNATING THE CITY MANAGER AS THE AUTHORIZING OFFICIAL TO

ACCEPT THE GRANT AWARD
RES 22-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2022/2023 BUDGET
B-8 City’s Participation in the Old Timer’s Day Parade and Downtown Christmas Parade Recommendation: Adopt a Resolution Waiving the Fees to Cover the Costs of Police, Public Works, and Parks Services Relating to the Old Timers’ Day Parade and City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 4 of 11
Downtown Christmas Parade in the amount of $5,986 (Report by Dino Lawson)
RES 22-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

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

RELATING TO THE OLD TIMERS PARADE AND THE DOWNTOWN

CHRISTMAS PARADE FOR MADERA DOWNTOWN ASSOCIATION, MADERA SUNRISE ROTARY CLUB 587, AND MADERA EVENING LIONS IN THE AMOUNT OF $5,986.00
B-9 Master Agreement Between the Madera County Transportation Commission and the City for Fiscal Year 2021/2022 Allocation of the Regional Surface Transportation Program (RSTP) Exchange Funding
Recommendation: Adopt a Resolution Approving the Master Agreement between the Madera County Transportation Commission (MCTC) and the City for the Fiscal Year (FY) 2021/2022 allocation of RSTP Exchange Funding (RSTP) Exchange Funding
RES 22-149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

THE MASTER AGREEMENT BETWEEN THE MADERA COUNTY

TRANSPORTATION COMMISSION (MCTC) AND THE CITY OF MADERA FOR THE FISCAL VEAR 2021/2022 ALLOCATION OF REGIONAL SURFACE

TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUNDING
B-10 Sidewalk Improvements on Lilly Street and Vineyard Avenue Recommendation: Approve a Minute Order Approving:
1) Acceptance of the Construction of Sidewalk Improvements Lilly Street – Vineyard Avenue, CDBG Project No. B19MC060053, City Project No. R-85 2) The Recording of Notice of Completion; and
3) The release of retention 35 days after recording of the Notice of Completion (Report by Keith Helmuth)
B-11 2020-21 SB-1 Road Maintenance and Rehabilitation Account (RMRA) Seals and Overlay, City Project No. R-78
Recommendation: Approve a Minute Order Approving:
1) Acceptance of 2020-21 SB-1 Road Maintenance and Rehabilitation Account (RMRA) Seals and Overlay, City Project No. R-78. 2) The Recording of Notice of Completion.
3) The release of retention 35 days after recording of the Notice of Completion (Report by Keith Helmuth)
B-12 Appointment to the Housing Assistance Loan Review Committee Recommendation: Adopt a Resolution Approving the Appointment of Johanna Torres to the Housing Assistance Loan Review Committee (Report by Kingsley Okereke) City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 5 of 11
RES 22-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPOINTING JOHANA TORRES TO THE HOUSING

ASSISTANCE LOAN REVIEW COMMITTEE
B-13 Agreement with Backowski Law Group to provide Specialized Real Estate Legal Services Recommendation: Adopt a Resolution Approving use of Backowski Law Group for Specialized Real Estate Legal Services (Report by Kingsley Okereke) RES 22-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A LEGAL SERVICES AGREEMENT WITH BACKOWSKI LAW

GROUP, PC TO PERFORM REAL ESTATE LEGAL SERVICES AND

AUTHORIZING NECESSARY BUDGET ADJUSTMENTS
B-14 Empower 457 Deferred Compensation Plan & Trust Regulatory Amendment to comply with the Coronavirus Aid, Relief, and Economic Security Act (CARES) Recommendation: Adopt a resolution approving the Amendment for CARES Act to the Empower Retirement City of Madera 457 Deferred Compensation Plan & Trust and authorizing the City Manager to execute necessary documents electronically through DocuSign (Report by Wendy Silva) RES 22-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE EMPOWER RETIREMENT CITY OF MADERA DEFERRED

COMPENSATION PLAN & TRUST AMENDMENT FOR CARES ACT
B-15 Agreement for ResoluteGuard Cyber Risk Management Program Recommendation: Adopt a resolution approving the ResoluteGuard Services Agreement and authorizing the Director of Human Resources to execute necessary documents electronically through DocuSign (Report by Wendy Silva) RES 22-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING THE RESOLUTEGUARD SERVICES AGREEMENT
Item E-1 was moved to be heard before section “Public Hearings”.

C. PUBLIC HEARINGS:

C-1 Madera Municipal Code (MMC) Ordinance Text Amendment relating to Wireless Facilities on Private Property and a Small Wireless Facilities in the Public Rights-of-Way Policy Recommendation: Conduct a public hearing and introduce for first reading by title only and waive the full reading of:

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

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

3. Adoption of a Categorical Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act. (Report by Gary Conte) No Public Comment was presented. Public Comment was closed.

City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 6 of 11

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM C-1(1) & C-1(3) WAS BY A 5/0 VOTE. NOES: NONE. ABSENT: MAYOR GARCIA. ABSTAIN: COUNCILMEMBER MEJIA.

ITEM C-1(2) WILL BE BROUGHT BACK FOR ADOPTION AT THE OCTOBER 19, 2022 MEETING.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 5 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

MAYOR PRO TEM EVANS

COUNCILMEMBER VILLEGAS
ABSTAIN: 1 - COUNCILMEMBER MEJIA
Mayor Pro Tem Evans called for a recess at 8:24 p.m. Session resumed at 8:26 p.m.

C-2 Public Hearing regarding the Program Year 2021-2022 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and Financial Summary Recommendation: Conduct the public hearing, invite public input, and adopt a Resolution approving the 2021-2022 the City’s CAPER and financial summary (Report by Kingsley Okereke)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, 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

COUNCILMEMBER MEJIA

COUNCILMEMBER VILLEGAS
RES 22-154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING THE 2021-2022 COMMUNITY DEVELOPMENT

BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT AND FINANCIAL SUMMARY
C-3 2020 Urban Water Management Plan Update and Water Shortage Contingency Plan Recommendation: Conduct a public hearing and adopt Resolutions approving:

1. The Urban Water Management Plan 2020 Update

2. Water Shortage Contingency Plan (Report by Jamie Hickman) No Public Comment was presented. Public Comment was closed.

City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 7 of 11

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM C-3 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
RES 22-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA ADOPTING THE CITY'S URBAN WATER MANAGEMENT PLAN 2020 UPDATE
RES 22-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA ADOPTING THE CITY'S WATER SHORTAGE CONTINGENCY PLAN
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Initiation of Proceedings for the Annexation of Vineyard Estates Phase III, Tract S1-S-02 & S1-S-03/TSM 2020-04 Subdivision into Community Facilities District 2005-1 Recommendation: That Council adopt Resolutions:

1. Adopting a Boundary Map Showing the Territory Proposed for Annexation to Community Facilities District No. 2005-1; and,

2. Declaring Its Intention to Annex Territory (Tract S1-S-02 & S1-S-03/TSM 2020-04 Subdivision) to Community Facilities District No. 2005-1 (Public Services), to Authorize the Levy of Special Taxes Therein, and Setting Public Hearing (Annexation No. 13) (Report by Gary Conte) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-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
RES 22-157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING TERRITORY

PROPOSED FOR ANNEXATION TO CITY OF MADERA COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (ANNEXATION NO. 13)
City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 8 of 11
RES 22-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY
(VINEYARD ESTATES PHASE Ill TRACT Sl-S-02 & Sl-S-03/TSM 2020-04 SUBDIVISION} TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF

SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 13)
D-2 DICK’S Sporting Goods Foundation Grant Award
Recommendation: Adopt a Resolution Approving the DICK’S Sporting Goods Foundation Grant Award Agreement in the amount of $25,000 as part of the Sports Matter Program (Report by Joseph Hebert)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, 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
RES 22-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE DICK'S SPORTING GOODS FOUNDATION GRANT AWARD AGREEMENT IN THE AMOUNT OF $25,000 AS PART OF

THE SPORTS MATTER PROGRAM
D-3 Madera Metro Transit Plan and Service Design Guidelines Recommendation: Adopt a Resolution Approving the Final Report of the Madera Metro Transit Plan (MTP) and the City’s Transit System Service Design Guidelines (Report by Kingsley Okereke)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER GALLEGOS, ITEM D-3 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
City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 9 of 11
RES 22-160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA ADOPTING THE CITY OF MADERA TRANSIT PLAN AND THE

MADERA TRANSIT SYSTEM SERVICE DESIGN GUIDELINES
D-4 Fare Adjustments for Madera Metro and Dial-A-Ride
Recommendation: Adopt a Resolution Approving a Modified Fare Structure for the Fixed Route Transit System and Limited Dial-A-Ride Transit System and Rescinding Resolution No. 20-58 (Report by Kingsley Okereke) No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 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
RES 22-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A MODIFIED FARE STRUCTURE FOR THE CITY OF

MADERA FIXED ROUTE TRANSIT SYSTEM AND DIAL-A-RIDE TRANSIT SYSTEM AND RESCINDING RESOLUTION NO. 20-58
E. ADMINISTRATIVE REPORTS:

E-1 Request for Direction in Naming of Olive Avenue/Knox Street Park Site Recommendation: Request for direction regarding the naming of the new park at Olive Avenue and Knox Street (Report by Joseph Hebert)
Julie Okane, Susie LiCalsi, Gabriel and Monica Diaz Rodriguez, Stell Manfredi, former Councilmember Gary Svanda, Debi Bray, and former Mayor Robert Poythress (through Councilmember Rodriguez) submitted public comment recommending that the park be named after former Executive Director of Redevelopment/Successor Agency James Taubert.

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

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM E-1 TO PROCEED WITH NAMING OF THE PARK AND SETTING A PUBLIC HEARING 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
City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 10 of 11

COUNCILMEMBER VILLEGAS
E-2 Lions Town & Country Park Improvement Projects Update Recommendation: No Action Required (Report by Joseph Hebert) E-3 Professional Recruitment Services to Conduct Director of Financial Services Recruitment Recommendation: Staff recommends Council approve a Minute Order authorizing staff to seek proposals from professional recruiting firms to assist the City in filling the currently vacant Director of Financial Services position (Report by Wendy Silva)
No Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM E-3 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
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 congratulated City Clerk, Alicia Gonzales for her successful completion of the Certified Municipal Clerk designation and commended her for her dedication to serving the City and its residents. She also congratulated Councilmember Montes on his promotion with the City of Fresno.

Councilmember Montes requested that a Letter of Support for the affiliation between Madera Community Hospital and Trinity Health be agendized to a future meeting.

Councilmember Rodriguez mentioned the League of California Cities Annual Conference as being a successful networking event and thanked the constituents for electing him and enabling him to attend. He also recognized a resident, Ms. Flora Zumwalt, who celebrated her centennial birthday on Sunday, October 3rd. Councilmember Rodriguez requested that Staff agendize discussion of two items to a future meeting: progress of the Cannabis Program and progress on the walking trail at Lions Town and County Park.

Mayor Pro Tem Evans highlighted the “Crunch with the Councilwoman” event in which 10 students from James Monroe Elementary were invited to attend lunch with her. They discussed events happening in the community, issues and success stories. She also extended her congratulations to City Clerk Alicia Gonzales and Councilmember Montes for their accomplishments, and Ms. Flora Zumwalt for her centennial birthday.

City of Madera City Council Minutes
205 W. 4th Street September 21, 2022
Madera, CA 93637 Page 11 of 11
Councilmember Mejia acknowledged City Clerk, Alicia Gonzales and Councilmember Montes on their achievements. She also recognized the Mexican Consulate for inviting her and fellow Councilmembers to celebrate Mexican Independence Day and reminded the public that September 15th through October 15th marks Hispanic Heritage Month, a time to celebrate triumphs and cultural traditions. Councilmember Mejia reiterated her experience at League of California Cities Conference and stated she found it useful in serving her constituents.

Councilmember Villegas recognized City Clerk, Alicia Gonzales and Councilmember Montes on their achievements. He also clarified the birthday celebration of Ms. Flora Zumwalt would be on October 3rd.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representatives: Arnoldo Rodriguez and Wendy Silva Employee Groups: General Bargaining Unit, Madera Police Officers’ Association, MidManagement Employee Group, Law Enforcement Mid Management Group Unrepresented Employees: Police Chief, City Engineer, Director of Human Resources, Public Works Operations Director, Director of Parks & Community Services, Information Services Manager, Chief Building Official, Director of Community Development, Director of Financial Services, City Clerk, and City Manager
City Attorney Hilda Cantu Montoy made the closed session announcement at 9:31 p.m.

Ms. Cantu Montoy and Council returned from Closed Session at 11:11 p.m. with all members of Council present except for Mayor Garcia as he was absent.

Ms. Cantu Montoy stated there was no reportable action.

ADJOURNMENT: Meeting was adjourned at 11:11 p.m.

UPCOMING MEETING DATES:
 Wednesday, October 5, 2022
 Wednesday, October 19, 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:  December 7, 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 November 5, 2022 to November 25, 2022.

SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of November 5, 2022 to November 25, 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 34568 – 34843 $2,821,461.17
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $1,510,377.58
SDI   EDD $5,338.02
CalPERS Payment CalPERS $245,093.47
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.

For clarification, check numbers 34598‐34660, 34699‐34708, and 34773‐34809 were mistakenly issued out of an incorrect vendor account, Accounts Receivable (AR) Refunds, but would normally be issued under OTP‐UB Refunds. These are the typical utility billing overpayments and/or deposit refunds that are issued when terming an account. This error does not negatively affect the City’s financials.  Moreover, all payments were issued and vendors were paid accordingly.

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 34568 11/07/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 61.50 $ 34569 11/07/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS 996.43 $ 34570 11/07/2022 FINANCE PAYROLL TRUST MIDͲMGMT EMPLOYEE GROUP 10/22 MONTHLY DUES 610.00 $ 34571 11/07/2022 PARKS SPORTS PROGRAMS GLOBAL PAYMENTS, INC CHARGEBACKͲYOUTH BASKETBALL 185.00 $ 34572 11/07/2022 PW ADMIN WATER OPS VAN DE POL ENTERPRISES, INC. FUEL PWͲBULK DIESEL 1,568.50 $ 34573 11/07/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 2,280.00 $ 34573 11/07/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 442.00 $ 34573 11/07/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. REPEAT SAMPLING 166.00 $ 34574 11/07/2022 ENGINEERING DIF/PARKS JOSEPH CROWN CONSTRUCTION REIMBURSEMENTͲALMOND PARK 522,557.67 $ 34575 11/07/2022 PW ADMIN AIRPORT OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲAIRPORT 48.50 $ 34575 11/07/2022 PW ADMIN COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲMILLVIEW 48.50 $ 34575 11/07/2022 PW ADMIN COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲPCS YOUTH SERVICES 48.50 $ 34575 11/07/2022 PW ADMIN COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲJWYC 250.00 $ 34575 11/07/2022 PW ADMIN COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲFBSC 48.50 $ 34575 11/07/2022 PW ADMIN COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲPAC 135.00 $ 34575 11/07/2022 PW ADMIN COMM & REC CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲWEST SIDE ACTIVITY CENTER 48.50 $ 34575 11/07/2022 PW ADMIN ENGINEERING CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲENG 48.50 $ 34575 11/07/2022 PW ADMIN ENGINEERING CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲRDA 370.08 $ 34575 11/07/2022 PW ADMIN FIRE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲFIRE #6 48.50 $ 34575 11/07/2022 PW ADMIN FIRE CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲFIRE #7 617.16 $ 34575 11/07/2022 PW ADMIN GRANT OVERSIGHT CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲINTERMODAL 48.50 $ 34575 11/07/2022 PW ADMIN STREETS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲPW STREETS 48.50 $ 34575 11/07/2022 PW ADMIN UBͲWATER CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲCH FINANCE 145.00 $ 34575 11/07/2022 PW ADMIN WATER OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲCITY YARD FRONT 48.50 $ 34575 11/07/2022 PW ADMIN WWTP CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲWWTP 48.50 $ 34575 11/07/2022 PW ADMIN PD OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲPD 180.00 $ 34575 11/07/2022 PW ADMIN PD OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲSIU MPD 48.50 $ 34576 11/07/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 830.24 $ 34577 11/07/2022 FINANCE COMPUTER MAINT COMCAST 01/21 SVS 8155500320322006 86.13 $ 34577 11/07/2022 FINANCE COMPUTER MAINT COMCAST 10/22 SVS 8155500320322006 92.88 $ 34578 11/07/2022 UBͲWATER UBͲGARBAGE DATAPROSE, LLC 10/22 BILLING 2,386.95 $ 34578 11/07/2022 UBͲWATER UBͲGARBAGE DATAPROSE, LLC 11/22 NEWSLETTER 339.09 $ 34578 11/07/2022 UBͲWATER UBͲSEWER DATAPROSE, LLC 10/22 BILLING 2,386.95 $ 34578 11/07/2022 UBͲWATER UBͲSEWER DATAPROSE, LLC 11/22 NEWSLETTER 339.09 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1ͲUNION BANK GENERAL ACCOUNT December 7, 2022

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34578 11/07/2022 UBͲWATER UBͲWATER DATAPROSE, LLC 10/22 BILLING 4,773.92 $ 34578 11/07/2022 UBͲWATER UBͲWATER DATAPROSE, LLC 11/22 NEWSLETTER 678.19 $ 34579 11/07/2022 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 10/16/22Ͳ10/31/22 20,980.00 $ 34580 11/07/2022 PW ADMIN FACILITIES MAINT JAM SERVICES INC TRAFFIC SIGNAL PARTS 1,948.50 $ 34581 11/07/2022 BUILDING BUILDING LIPPINCOTT, JOHN REIMBURSEMENTͲPARKING FEES 15.49 $ 34582 11/07/2022 FINANCE PAYROLL TRUST M A C E A 10/22 MONTHLY DUES 1,725.00 $ 34583 11/07/2022 FINANCE PAYROLL TRUST M.C.E.A. 10/22 MONTHLY DUES 290.00 $ 34584 11/07/2022 FINANCE PAYROLL TRUST M P O A 10/22 MONTHLY DUES 6,344.30 $ 34585 11/07/2022 PW ADMIN WWTP MARTINEZ, ANDREW REIMBURSEMENTͲCWEAͲELAP TNI WORKSHOP 87.30 $ 34586 11/07/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 10/22 SERVICE 3819620697Ͳ3 43.25 $ 34586 11/07/2022 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 10/22 SERVICE 8126770647Ͳ1 230.53 $ 34586 11/07/2022 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 10/22 SERVICE 8307681856Ͳ2 1,054.05 $ 34586 11/07/2022 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 10/22 SERVICE 2000655655Ͳ7 1,822.36 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 8178280304Ͳ3 171.07 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 3642526071Ͳ2 59.72 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 7949615676Ͳ5 18.18 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 3352588453Ͳ3 41.99 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 3499945233Ͳ6 94.70 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 5237156686Ͳ1 34.78 $ 34586 11/07/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 4318089701Ͳ9 19.12 $ 34586 11/07/2022 FINANCE FIRE PACIFIC GAS & ELECTRIC 10/22 SERVICE 2173157566Ͳ4 1,432.43 $ 34586 11/07/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 10/22 SERVICE 9172110863Ͳ6 14,802.29 $ 34586 11/07/2022 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 10/22 SERVICE 9651992016Ͳ7 172.35 $ 34587 11/07/2022 FLEET FLEET MAINT SEQUOIA EQUIPMENT CO. INC ARMREST 327.55 $ 34588 11/07/2022 PW ADMIN WATER OPS STATE WATER RESOURCES CONTROL BOARD APPLICATION FEEͲRECIPROCITY XIONG BRANDON 70.00 $ 34589 11/07/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTION 491.24 $ 34590 11/07/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTION $ 424.03 34591 11/07/2022 PW ADMIN AIRPORT OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 35.00 $ 34591 11/07/2022 PW ADMIN CENTRAL ADMIN TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 45.00 $ 34591 11/07/2022 PW ADMIN COMM & REC TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 435.00 $ 34591 11/07/2022 PW ADMIN ENGINEERING TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 60.00 $ 34591 11/07/2022 PW ADMIN FIRE TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 70.00 $ 34591 11/07/2022 PW ADMIN INTERMODAL BLDG TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 75.00 $ 34591 11/07/2022 PW ADMIN SEWER OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 25.00 $ 34591 11/07/2022 PW ADMIN SOLID WASTE TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 25.00 $ 34591 11/07/2022 PW ADMIN WATER OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 25.00 $ 34591 11/07/2022 PW ADMIN WWTP TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 45.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34591 11/07/2022 PW ADMIN PD OPS TECH. MASTER PEST MANAGEMENT 10/22 PEST CONTROL SERVICES 40.00 $ 34592 11/07/2022 PW ADMIN AIRPORT OPS UNITED RENTALS, INC EQUIPMENT RENTAL 1,495.19 $ 34592 11/07/2022 PW ADMIN PARKS UNITED RENTALS, INC EQUIPMENT RENTAL 1,000.00 $ 34593 11/07/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTSͲ457 EE DEFERRED COMP CONTRIBUTIONS 27,264.82 $ 34594 11/07/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 2,790.00 $ 34595 11/07/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 1,344.00 $ 34596 11/07/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 2,340.00 $ 34597 11/07/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 2,000.00 $ 34598 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9923165 2,453.00 $ 34599 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9914754 260.73 $ 34600 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB OVERPAYMENT 9913877 374.50 $ 34601 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9925611 510.82 $ 34602 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9916082 148.14 $ 34603 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9907710 237.50 $ 34604 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9902071 262.28 $34605 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9912457 367.44 $ 34606 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9906159 1,203.35 $ 34607 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9907034 334.22 $ 34608 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9922242 135.41 $ 34609 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9907079 346.13 $ 34610 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9891540 93.26 $ 34611 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9910943 327.07 $ 34612 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9912256 583.17 $ 34613 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9905727 281.28 $ 34614 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9904660 353.81 $ 34615 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9904661 319.79 $ 34616 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9904743 400.00 $34617 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9921446 148.24 $ 34618 11/07/2022 UBͲWATER SOLID WASTE AR REFUNDS UB 10000097 427.38 $ 34619 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9908725 872.89 $ 34620 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9923344 133.06 $ 34621 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9897143 301.21 $ 34622 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9906958 321.26 $ 34623 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9922621 250.55 $ 34624 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9906805 771.26 $ 34625 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9904268 1,200.92 $ 34626 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9909531 648.24 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34627 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 10000391 592.01 $ 34628 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9903174 357.61 $ 34629 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9895011 153.64 $ 34630 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9910334 453.68 $ 34631 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9904518 164.88 $ 34632 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9914167 162.00 $ 34633 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9910687 322.85 $ 34634 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB TERM REFUND 9905342 3,513.63 $ 34635 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9900712 309.24 $ 34636 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9906305 227.20 $ 34637 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9912758 253.31 $ 34638 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9913918 1,220.76 $ 34639 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 924002 292.81 $ 34640 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9907835 1,351.91 $ 34641 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9909536 497.99 $ 34642 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9911329 304.68 $34643 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9904658 356.01 $ 34644 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9899839 255.36 $ 34645 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9913420 1,191.81 $ 34646 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9892475 766.47 $ 34647 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9913421 959.57 $ 34648 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9904193 119.22 $ 34649 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 10000189 561.38 $ 34650 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9905561 400.00 $ 34651 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9910151 1,630.80 $ 34652 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9903184 528.49 $ 34653 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9916810 122.57 $ 34654 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9926171 61.51 $ 34655 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9900293 318.31 $ 34656 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9890299 1,087.51 $ 34657 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9920485 579.33 $ 34658 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 9915197 370.88 $ 34659 11/07/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9913083 1,182.14 $ 34660 11/07/2022 UBͲWATER WATER FUND AR REFUNDS UB 10000569 336.01 $ 34661 11/09/2022 HR/RISK MGT HR/RISK MGT JENAVIE A. MARTIN PER DIEMͲCALPERLA ANNUAL TRAINING CONFERENCE 295.76 $ 34662 11/14/2022 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 10/22 26,661.15 $ 34663 11/14/2022 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 276.16 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34663 11/14/2022 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 3,224.32 $ 34663 11/14/2022 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 7,049.28 $ 34663 11/14/2022 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 2,365.42 $ 34663 11/14/2022 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 217.25 $ 34663 11/14/2022 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 513.12 $ 34663 11/14/2022 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 1,884.56 $ 34663 11/14/2022 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 1,884.57 $ 34663 11/14/2022 PW ADMIN UBͲGARBAGE SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 217.26 $ 34663 11/14/2022 PW ADMIN UBͲSEWER SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 217.26 $ 34663 11/14/2022 PW ADMIN UBͲWATER SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 434.49 $ 34663 11/14/2022 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 206.73 $ 34663 11/14/2022 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 805.05 $ 34663 11/14/2022 PW ADMIN TRANSIT CENTER SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 1,627.13 $ 34663 11/14/2022 PW ADMIN PD OPS SERVICEMASTER BY J&C BROWN 11/22 JANITORIAL SERVICES 4,265.58 $ 34664 11/14/2022 GRANTS TRANSͲFIXED MV TRANSPORTATION, INC. 10/22 TRANSIT OPERATOR 72,971.48 $ 34664 11/14/2022 GRANTS TRANSͲDAR MV TRANSPORTATION, INC. 10/22 TRANSIT OPERATOR 45,304.55 $ 34665 11/14/2022 FINANCE FINANCE HINDERLITER, DE LLAMAS AND ASSOCIATES 21/22 ACFR STATISTICAL PKG 695.00 $ 34666 11/14/2022 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 92.26 $ 34666 11/14/2022 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 454.99 $ 34666 11/14/2022 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 255.93 $ 34666 11/14/2022 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 64.20 $ 34666 11/14/2022 FINANCE COMPUTER MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 40.21 $ 34666 11/14/2022 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 545.68 $ 34666 11/14/2022 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 281.70 $ 34666 11/14/2022 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 410.56 $ 34666 11/14/2022 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 44.05 $ 34666 11/14/2022 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 129.64 $ 34666 11/14/2022 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 569.67 $ 34666 11/14/2022 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 3,180.48 $ 34666 11/14/2022 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 1,340.50 $ 34666 11/14/2022 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 771.92 $ 34666 11/14/2022 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 1,763.39 $ 34666 11/14/2022 FINANCE TRANSͲFIXED VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 3,384.45 $ 34666 11/14/2022 FINANCE TRANSͲDAR VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 3,079.35 $ 34666 11/14/2022 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 1,738.58 $ 34666 11/14/2022 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 484.88 $ 34666 11/14/2022 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL FOR CITY VEHICLES 10/16/22Ͳ10/31/22 6,540.23 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34667 11/14/2022 HR/RISK MGT HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICESͲHEALTH AND WELFARE BENEFITS 3,750.00 $ 34668 11/14/2022 PW ADMIN PD OPS CENTRAL COATING COMPANY, INC. ROOF REPAIRͲPD SIU 1,775.00 $ 34669 11/14/2022 ENGINEERING ENGINEERING ACOUSTECH, INC. ADDITIONAL INSURANCEͲACOUSTICAL WALL TREATMENT $ 1,700.00 34670 11/14/2022 PW ADMIN SEWER OPS INSTRUMART LLC SEWER LIFTͲFAIRGROUNDS 7,577.50 $ 34670 11/14/2022 PW ADMIN WATER OPS INSTRUMART LLC FLOW METERͲWATER DEPT 7,577.50 $ 34671 11/14/2022 CITY CLERK CITY CLERK GOVERNMENT FORMS AND SUPPLIES LLC STAMPͲCITY CLERK 125.00 $ 34672 11/14/2022 FINANCE AIRPORT OPS AT&T 10/22 CALNET 3 SVS 9391026409 24.52 $ 34672 11/14/2022 FINANCE CENTRAL ADMIN AT&T 10/22 CALNET 3 SVS 9391026406 22.41 $ 34672 11/14/2022 FINANCE FINANCE AT&T 10/22 CALNET 3 SVS 9391026406 22.41 $ 34672 11/14/2022 FINANCE HR/RISK MGT AT&T 10/22 CALNET 3 SVS 9391026400 24.09 $ 34672 11/14/2022 FINANCE PARKS AT&T 10/22 CALNET 3 SVS 9391026412 168.73 $ 34672 11/14/2022 FINANCE PARKS ADMIN AT&T 10/22 CALNET 3 SVS 9391031580 265.85 $ 34672 11/14/2022 FINANCE SEWER OPS AT&T 10/22 CALNET 3 SVS 9391026410 46.50 $ 34672 11/14/2022 FINANCE SR CITIZEN COMM AT&T 10/22 CALNET 3 SVS 9391026415 64.48 $ 34672 11/14/2022 FINANCE WWTP AT&T 10/22 CALNET 3 SVS 9391026417 34.55 $ 34672 11/14/2022 FINANCE WWTP AT&T 10/22 CALNET 3 SVS 9391026405 24.97 $ 34672 11/14/2022 FINANCE PD OPS AT&T 10/22 CALNET 3 SVS 9391026414 353.59 $ 34673 11/14/2022 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOT PRINTER FINANCE CHARGE 27.00 $ 34673 11/14/2022 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOTTER COPIER SERVICE 10/22 105.00 $ 34673 11/14/2022 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOTTER COPIER SERVICE 11/22 105.00 $ 34674 11/14/2022 ENGINEERING FAU CMAQ BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SERVICES 174.11 $ 34674 11/14/2022 ENGINEERING LTFͲSTREETS BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SERVICES 2,063.39 $ 34674 11/14/2022 ENGINEERING MEAS TͲENVIRO BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SERVICES 1,039.50 $ 34675 11/14/2022 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY SERVICE CONTRACTͲLICENSE RENEWAL 1,399.92 $ 34675 11/14/2022 ENGINEERING GENERAL FUND CA SURVEYING AND DRAFTING SUPPLY SERVICE CONTRACTͲLICENSE RENEWAL 700.08 $ 34676 11/14/2022 ENGINEERING WATER CAPITAL CDM SMITH INC. ENGINEERING SERVICES FOR WELL 37 6,049.50 $ 34677 11/14/2022 HR/RISK MGT HR/RISK MGT CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 267.00 $ 34677 11/14/2022 HR/RISK MGT PARKS CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 124.00 $ 34677 11/14/2022 HR/RISK MGT STREETS CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 62.00 $ 34677 11/14/2022 HR/RISK MGT PD OPS CONCENTRA MEDICAL CENTERS ANNUAL AUDIOGRAM 31.00 $ 34678 11/14/2022 FLEET FLEET MAINT COOK'S COMMUNICATIONS CENTER AMP MODULE 1,206.99 $ 34678 11/14/2022 FLEET FLEET ACQUISITION COOK'S COMMUNICATIONS FIRE BATTALION TRUCKͲARE BED CAP 3,073.22 $ 34679 11/14/2022 FIRE MEAS KͲFIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORINGͲFIRE #58 70.00 $ 34679 11/14/2022 FIRE MEAS KͲFIRE DIAMOND COMMUNICATIONS FIRE ALARM INSPECTIONͲFIRE #58 659.50 $ 34679 11/14/2022 HR/RISK MGT TRANSIT CENTER DIAMOND COMMUNICATIONS FIRE ALARM MONITORINGͲTRANSIT 80.00 $ 34680 11/14/2022 ENGINEERING ENGINEERING FEDERAL EXPRESS EXPRESS SHIPPING 42.06 $ 34681 11/14/2022 PD OPS PD OPS GAONA, JUAN TUITION REIMBURSEMENT 459.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34682 11/14/2022 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 10/22 POWER SWEEPING 358.28 $ 34682 11/14/2022 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 10/22 POWER SWEEPING 358.28 $ 34683 11/14/2022 PARKS PARKS KRAZAN & ASSOCIATES, INC. GEOTECH ENG INVESTIGATIONͲCENTENNIAL PARK LIGHTS $ 2,500.00 34684 11/14/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 11/22 UTILITY SERVICEͲ3040431Ͳ500276 153.89 $ 34684 11/14/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 11/22 UTILITY SERVICEͲ3040421Ͳ500276 52.27 $ 34684 11/14/2022 GRANTS INTERMODAL BLDG CITY OF MADERA 11/22 UTILITY SERVICEͲ3040441Ͳ500276 358.64 $ 34685 11/14/2022 FINANCE PD OPS MADERA COUNTY TREASURER 09/22 COUNTY'S PORTION OF PARK 461.50 $ 34686 11/14/2022 PD OPS ANIMAL CONTROL MADERA COUNTY ANIMAL SERVICES FY 22/23 5 OF 12 13,781.25 $ 34687 11/14/2022 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLICATION OF ORDINANCE 995 CS 214.50 $ 34687 11/14/2022 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENTͲASSOCIATE PLANNER 57.00 $ 34687 11/14/2022 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENTͲPAYROLL SPECIALIST 60.80 $ 34687 11/14/2022 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENTͲASSISTANT PLANNER 60.80 $ 34687 11/14/2022 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENTͲSENIOR PLANNER 72.20 $ 34688 11/14/2022 FINANCE SOLID WASTE MID VALLEY DISPOSAL INC. WASTE DISPOSAL SVS 11/22 701,764.31 $ 34689 11/14/2022 GRANTS CDBG ADMIN ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIESͲGRANTS 54.94 $ 34689 11/14/2022 GRANTS GRANT OVERSIGHT ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIESͲGRANTS 79.94 $ 34690 11/14/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 1598348280Ͳ1 70.75 $ 34690 11/14/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 5225647713Ͳ5 14.30 $ 34690 11/14/2022 FINANCE MEAS KͲPD PACIFIC GAS & ELECTRIC 10/22 SERVICE 1715785853Ͳ5 986.26 $ 34691 11/14/2022 FINANCE FINANCE PHOENIX GROUP INFO SYS 09/22 CITATIONS 298.49 $ 34692 11/14/2022 WWTP WWTP POLYDYNE INC. SLUDGE DEWATERING POLYMER 14,116.88 $ 34693 11/14/2022 ENGINEERING ENGINEERING REAL PROPERTY ANALYSTS APPRAISAL SERVICESͲQUIMBY ORDINANCE 4,000.00 $ 34694 11/14/2022 ENGINEERING ENGINEERING RICOH USA, INC. PRINTER MAINTENANCE 5.45 $ 34695 11/14/2022 FLEET FLEET MAINT SEQUOIA EQUIPMENT CO. INC ARMREST 327.55 $ 34696 11/14/2022 WWTP SEWER CAPITAL STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING CONSULTING SERVICES 3,089.70 $ 34697 11/14/2022 GRANTS TRANSIT CENTER TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROLͲTRANSIT 150.00 $ 34698 11/14/2022 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING TRACT 22ͲSͲ2 PLAN CHECK 1,000.00 $ 34699 11/14/2022 UBͲWATER SOLID WASTE AR REFUNDS UB 9921064 895.98 $ 34699 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB 9921064 4.91 $ 34699 11/14/2022 UBͲWATER SEWER FUND AR REFUNDS UB 9921064 478.24 $ 34699 11/14/2022 UBͲWATER DRAINAGE OPS AR REFUNDS UB 9921064 46.39 $ 34700 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9924758 124.51 $ 34701 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9922145 156.27 $ 34702 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9899902 159.64 $ 34703 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9909100 36.06 $ 34704 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9921107 109.84 $ 34705 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9914696 114.35 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34706 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9924460 123.60 $ 34707 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 9919132 99.99 $ 34708 11/14/2022 UBͲWATER WATER FUND AR REFUNDS UB TERM REFUND 5344001 281.80 $ 34709 11/14/2022 BUILDING BUILDING BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 153.50 $ 34709 11/14/2022 BUILDING GENERAL FUND BLDING/PLAN REFNDS JOB CANCELLED, REIMBURSE FEES 1.50 $ 34710 11/14/2022 BUILDING BUILDING BLDING/PLAN REFNDS REIMBURSE CANCELLED PERMITͲ12612 20.90 $ 34711 11/14/2022 FINANCE CODE ENF BL REFUNDS REFUNDͲBACKGROUND CHECKS 50.00 $ 34711 11/14/2022 FINANCE PD OPS BL REFUNDS REFUNDͲBACKGROUND CHECKS 84.00 $ 34712 11/14/2022 ENGINEERING SEWER NW QUAD BOND ENCROACH REIMBURSEMENTͲLA SPEZIA II 7,000.00 $ 34713 11/14/2022 FINANCE WATER FUND OTPͲUB REFUNDS DEPOSIT FROM MAIS TO MUNIS 152.09 $ 34714 11/22/2022 PD OPS GENERAL FUND CALIFORNIA PEACE OFFICERS ASSOCIATION DEPARTMENT MEMBERSHIP 2023 750.00 $ 34714 11/22/2022 PD OPS PD OPS CALIFORNIA PEACE OFFICERS ASSOCIATION DEPARTMENT MEMBERSHIP 2023 750.00 $ 34715 11/22/2022 PLANNING PLANNING ACRO SERVICE CORPORATION CONSULTING SERVICESͲPLANNING 12,900.00 $ 34716 11/22/2022 FINANCE PAYROLL TRUST COURT ORDERED DEBT COLLECTIONS COURT ORDERED DEBT COLLECTION 47.97 $ 34717 11/22/2022 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS $ 996.43 34718 11/22/2022 FLEET TRANSͲDAR GLENCASS SIGNS, INC. GRAPHICS FOR BUSES 5,352.00 $ 34719 11/22/2022 ENGINEERING WATER CAPITAL CAROLLO ENGINEERS, INC PROFESSIONAL ENGINEERING SERVICES 916.63 $ 34720 11/22/2022 PD OPS PD OPS LEATHAM FAMILY, LLC BADGE ORDER 1,132.00 $ 34721 11/22/2022 PD OPS CODE ENF DIEBERTS CREATIVE COPY INC CODE ENFORCEMENT STICKERS 207.12 $ 34721 11/22/2022 PD OPS PD OPS DIEBERTS CREATIVE COPY INC BUSINESS CARDSͲPD 113.66 $ 34722 11/22/2022 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND 2,100.00 $ 34723 11/22/2022 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 358.00 $ 34724 11/22/2022 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC REUSABLE TUBͲMEDICAL WASTE 183.52 $ 34725 11/22/2022 CITY ADMIN FINANCE MV CHENG & ASSOCIATES, INC. CONSULTING SERVICES: INTERIM FINANCE DIRECTOR 45,040.00 $ 34726 11/22/2022 FINANCE PAYROLL TRUST MADERA CO SHERIFFͲCIVIL DIVISION SHERIFF GARN. ORDER FOR 11/10/22 PAYROLL 610.54 $ 34727 11/22/2022 PD OPS PD OPS CV FORENSIC NURSING SPECIALISTS VICTIM EXAMͲ22MͲ07948 1,000.00 $ 34728 11/22/2022 FINANCE CITY MANAGER HINDERLITER, DE LLAMAS AND ASSOCIATES 2ND QTR 22/23 CONTRACT/AUDIT SALES TAX 4,583.26 $ 34729 11/22/2022 PD OPS PD OPS LAW DOG K9 K9 VENDOR TRAINING 300.00 $ 34730 11/22/2022 ENGINEERING SEWER CAPITAL MKN & ASSOCIATES PROFESSIONAL ENGINEERING SERVICES 2,213.22 $ 34731 11/22/2022 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES 97.98 $ 34732 11/22/2022 PD OPS PARKS O&E TRANSPORTATION LLC RIVER CLEAN UP 20,900.00 $ 34733 11/22/2022 ENGINEERING ENGINEERING ACOUSTECH, INC. ACOUSTECH DAMPENING PANELS 25,560.00 $ 34734 11/22/2022 FINANCE AIRPORT OPS PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 92.55 $ 34734 11/22/2022 FINANCE CENTRAL ADMIN PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 149.25 $ 34734 11/22/2022 FINANCE COMM & REC PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 826.95 $ 34734 11/22/2022 FINANCE COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 20.25 $ 34734 11/22/2022 FINANCE ENGINEERING PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 108.75 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34734 11/22/2022 FINANCE FACILITIES MAINT PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 537.80 $ 34734 11/22/2022 FINANCE FLEET MAINT PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 729.63 $ 34734 11/22/2022 FINANCE PARKS PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 689.67 $ 34734 11/22/2022 FINANCE STREETS PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 1,229.96 $ 34734 11/22/2022 FINANCE SEWER OPS PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 291.40 $ 34734 11/22/2022 FINANCE UBͲWATER PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 49.75 $ 34734 11/22/2022 FINANCE WATER OPS PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 806.75 $ 34734 11/22/2022 FINANCE WATER QUALITY PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 219.55 $ 34734 11/22/2022 FINANCE WWTP PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 734.00 $ 34734 11/22/2022 FINANCE PD OPS PRUDENTIAL OVERALL SUPPLY 10/22 UNIFORM SERVICES 149.00 $ 34735 11/22/2022 ENGINEERING TRANSP IMPACT FEE CORNERSTONE STRUCTURAL ENGINEERING GROUP, INC. BͲ02 DESIGN SERVICES FOR WESTBERRY BRIDGE 35,593.56 $ 34736 11/22/2022 FINANCE FINANCE BRENDA MENDEZ REIMBURSEMENTͲCMRTA ANNUAL CONFERENCE 52.00 $ 34737 11/22/2022 PD OPS MEAS KͲPD MICHAEL FLOORING, INC FLOORING RENOVATIONͲPD 69,900.00 $ 34738 11/22/2022 PARKS ADMIN SPECIAL EVENTS THUNDER INFLATABLES, INC. POMEGRANATE FESTIVAL INFLATABLESͲ2022 3,641.00 $ 34739 11/22/2022 ENGINEERING ENGINEERING INSTITUTE OF TRANSPORTATION ENGINEERS, INC. ANNUAL MEMBERSHIPͲ2023 172.50 $ 34739 11/22/2022 ENGINEERING GENERAL FUND INSTITUTE OF TRANSPORTATION ENGINEERS, INC. ANNUAL MEMBERSHIPͲ2023 172.50 $ 34740 11/22/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 570.00 $ 34740 11/22/2022 WATER WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 184.00 $ 34741 11/22/2022 FINANCE BUILDING AT&T 10/22 CALNET 3 SVS 9391031559 20.05 $ 34741 11/22/2022 FINANCE BUILDING AT&T 10/22 CALNET 3 SVS 9391031577 25.84 $ 34741 11/22/2022 FINANCE BUILDING AT&T 10/22 CALNET 3 SVS 9391026390 61.46 $ 34741 11/22/2022 FINANCE BUILDING AT&T 10/22 CALNET 3 SVS 9391026407 23.95 $ 34741 11/22/2022 FINANCE CITY ATTORNEY AT&T 10/22 CALNET 3 SVS 9391031559 6.68 $ 34741 11/22/2022 FINANCE CITY ATTORNEY AT&T 10/22 CALNET 3 SVS 9391031577 7.37 $ 34741 11/22/2022 FINANCE CITY ATTORNEY AT&T 10/22 CALNET 3 SVS 9391026390 17.53 $ 34741 11/22/2022 FINANCE CITY ATTORNEY AT&T 10/22 CALNET 3 SVS 9391026388 47.60 $ 34741 11/22/2022 FINANCE CITY CLERK AT&T 10/22 CALNET 3 SVS 9391031559 5.01 $ 34741 11/22/2022 FINANCE CITY CLERK AT&T 10/22 CALNET 3 SVS 9391031577 7.37 $ 34741 11/22/2022 FINANCE CITY CLERK AT&T 10/22 CALNET 3 SVS 9391026390 17.53 $ 34741 11/22/2022 FINANCE CODE ENF AT&T 10/22 CALNET 3 SVS 9391026413 47.59 $ 34741 11/22/2022 FINANCE COMM & REC AT&T 10/22 CALNET 3 SVS 9391026392 49.16 $ 34741 11/22/2022 FINANCE COMM & REC AT&T 10/22 CALNET 3 SVS 9391026391 280.42 $ 34741 11/22/2022 FINANCE COMPUTER MAINT AT&T 10/22 CALNET 3 SVS 9391031559 5.01 $ 34741 11/22/2022 FINANCE COMPUTER MAINT AT&T 10/22 CALNET 3 SVS 9391031577 14.76 $ 34741 11/22/2022 FINANCE COMPUTER MAINT AT&T 10/22 CALNET 3 SVS 9391026390 35.11 $ 34741 11/22/2022 FINANCE ENGINEERING AT&T 10/22 CALNET 3 SVS 9391031559 38.43 $ 34741 11/22/2022 FINANCE ENGINEERING AT&T 10/22 CALNET 3 SVS 9391031577 51.68 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34741 11/22/2022 FINANCE ENGINEERING AT&T 10/22 CALNET 3 SVS 9391026390 122.93 $ 34741 11/22/2022 FINANCE FACILITIES MAINT AT&T 10/22 CALNET 3 SVS 9391031564 14.74 $ 34741 11/22/2022 FINANCE FACILITIES MAINT AT&T 10/22 CALNET 3 SVS 9391026394 26.73 $ 34741 11/22/2022 FINANCE FINANCE AT&T 10/22 CALNET 3 SVS 9391031559 25.06 $ 34741 11/22/2022 FINANCE FINANCE AT&T 10/22 CALNET 3 SVS 9391031577 40.60 $ 34741 11/22/2022 FINANCE FINANCE AT&T 10/22 CALNET 3 SVS 9391026390 96.58 $ 34741 11/22/2022 FINANCE FIRE AT&T 10/22 CALNET 3 SVS 9391026402 23.95 $ 34741 11/22/2022 FINANCE FLEET MAINT AT&T 10/22 CALNET 3 SVS 9391031564 9.82 $ 34741 11/22/2022 FINANCE FLEET MAINT AT&T 10/22 CALNET 3 SVS 9391026394 17.85 $ 34741 11/22/2022 FINANCE GRANT OVERSIGHT AT&T 10/22 CALNET 3 SVS 9391031559 11.70 $ 34741 11/22/2022 FINANCE GRANT OVERSIGHT AT&T 10/22 CALNET 3 SVS 9391031577 14.76 $ 34741 11/22/2022 FINANCE GRANT OVERSIGHT AT&T 10/22 CALNET 3 SVS 9391026390 35.11 $ 34741 11/22/2022 FINANCE HR/RISK MGT AT&T 10/22 CALNET 3 SVS 9391031559 6.68 $ 34741 11/22/2022 FINANCE HR/RISK MGT AT&T 10/22 CALNET 3 SVS 9391031577 11.05 $ 34741 11/22/2022 FINANCE HR/RISK MGT AT&T 10/22 CALNET 3 SVS 9391026390 26.29 $ 34741 11/22/2022 FINANCE PLANNING AT&T 10/22 CALNET 3 SVS 9391031559 11.70 $ 34741 11/22/2022 FINANCE PLANNING AT&T 10/22 CALNET 3 SVS 9391031577 18.45 $ 34741 11/22/2022 FINANCE PLANNING AT&T 10/22 CALNET 3 SVS 9391026390 43.88 $ 34741 11/22/2022 FINANCE STREETS AT&T 10/22 CALNET 3 SVS 9391031564 24.58 $ 34741 11/22/2022 FINANCE STREETS AT&T 10/22 CALNET 3 SVS 9391026394 44.58 $ 34741 11/22/2022 FINANCE SEWER OPS AT&T 10/22 CALNET 3 SVS 9391031564 17.19 $ 34741 11/22/2022 FINANCE SEWER OPS AT&T 10/22 CALNET 3 SVS 9391026394 31.18 $ 34741 11/22/2022 FINANCE SOLID WASTE AT&T 10/22 CALNET 3 SVS 9391031564 19.69 $ 34741 11/22/2022 FINANCE SOLID WASTE AT&T 10/22 CALNET 3 SVS 9391026394 35.64 $ 34741 11/22/2022 FINANCE SR CITIZEN COMM AT&T 10/22 CALNET 3 SVS 9391026389 24.01 $ 34741 11/22/2022 FINANCE SR CITIZEN COMM AT&T 10/22 CALNET 3 SVS 9391026395 24.01 $ 34741 11/22/2022 FINANCE UBͲGARBAGE AT&T 10/22 CALNET 3 SVS 9391031564 4.91 $ 34741 11/22/2022 FINANCE UBͲGARBAGE AT&T 10/22 CALNET 3 SVS 9391031559 6.69 $ 34741 11/22/2022 FINANCE UBͲGARBAGE AT&T 10/22 CALNET 3 SVS 9391031577 12.00 $ 34741 11/22/2022 FINANCE UBͲGARBAGE AT&T 10/22 CALNET 3 SVS 9391026390 28.52 $ 34741 11/22/2022 FINANCE UBͲGARBAGE AT&T 10/22 CALNET 3 SVS 9391026394 8.91 $ 34741 11/22/2022 FINANCE UBͲSEWER AT&T 10/22 CALNET 3 SVS 9391031564 4.91 $ 34741 11/22/2022 FINANCE UBͲSEWER AT&T 10/22 CALNET 3 SVS 9391031559 6.68 $ 34741 11/22/2022 FINANCE UBͲSEWER AT&T 10/22 CALNET 3 SVS 9391031577 11.99 $ 34741 11/22/2022 FINANCE UBͲSEWER AT&T 10/22 CALNET 3 SVS 9391026390 28.53 $ 34741 11/22/2022 FINANCE UBͲSEWER AT&T 10/22 CALNET 3 SVS 9391026394 8.91 $ 34741 11/22/2022 FINANCE UBͲWATER AT&T 10/22 CALNET 3 SVS 9391031564 9.84 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34741 11/22/2022 FINANCE UBͲWATER AT&T 10/22 CALNET 3 SVS 9391031559 13.37 $ 34741 11/22/2022 FINANCE UBͲWATER AT&T 10/22 CALNET 3 SVS 9391031577 24.04 $ 34741 11/22/2022 FINANCE UBͲWATER AT&T 10/22 CALNET 3 SVS 9391026390 57.17 $ 34741 11/22/2022 FINANCE UBͲWATER AT&T 10/22 CALNET 3 SVS 9391026394 17.85 $ 34741 11/22/2022 FINANCE UBͲWATER AT&T 10/22 CALNET 3 SVS 9391026393 73.96 $ 34741 11/22/2022 FINANCE WATER OPS AT&T 10/22 CALNET 3 SVS 9391031564 22.10 $ 34741 11/22/2022 FINANCE WATER OPS AT&T 10/22 CALNET 3 SVS 9391026394 40.09 $ 34741 11/22/2022 FINANCE WATER QUALITY AT&T 10/22 CALNET 3 SVS 9391031564 9.82 $ 34741 11/22/2022 FINANCE WATER QUALITY AT&T 10/22 CALNET 3 SVS 9391026394 17.85 $ 34741 11/22/2022 FINANCE WWTP AT&T 10/22 CALNET 3 SVS 9391031564 14.74 $ 34741 11/22/2022 FINANCE WWTP AT&T 10/22 CALNET 3 SVS 9391026394 26.73 $ 34741 11/22/2022 FINANCE CITY MANAGER AT&T 10/22 CALNET 3 SVS 9391031559 10.02 $ 34741 11/22/2022 FINANCE CITY MANAGER AT&T 10/22 CALNET 3 SVS 9391031577 7.37 $ 34741 11/22/2022 FINANCE CITY MANAGER AT&T 10/22 CALNET 3 SVS 9391026390 17.53 $ 34741 11/22/2022 FINANCE PURCHASING AT&T 10/22 CALNET 3 SVS 9391031564 14.74 $ 34741 11/22/2022 FINANCE PURCHASING AT&T 10/22 CALNET 3 SVS 9391026394 26.73 $ 34741 11/22/2022 FINANCE PD OPS AT&T 10/22 CALNET 3 SVS 9391031561 167.08 $ 34741 11/22/2022 FINANCE PD OPS AT&T 10/22 CALNET 3 SVS 9391031579 245.60 $ 34741 11/22/2022 FINANCE PD OPS AT&T 10/22 CALNET 3 SVS 9391026411 170.24 $ 34741 11/22/2022 PD OPS PD OPS AT&T 10/22 CALNET 3 SVS 9391064552 308.30 $ 34741 11/22/2022 PD OPS PD OPS AT&T 10/22 CALNET 3 SVS 9391031578 177.09 $ 34741 11/22/2022 PD OPS PD OPS AT&T 10/22 CALNET 3 SVS 9391031566 167.08 $ 34742 11/22/2022 FINANCE AQUATICS PROGRM AT&T 10/22 CALNET 3 SVS 9391026397 22.34 $ 34743 11/22/2022 FINANCE BUILDING AT&T 10/22 FIRSTNET SVS 287302656036 98.32 $ 34743 11/22/2022 FINANCE CITY CLERK AT&T 10/22 FIRSTNET SVS 287302656036 88.26 $ 34743 11/22/2022 FINANCE CITY COUNCIL AT&T 10/22 FIRSTNET SVS 287302656036 281.68 $ 34743 11/22/2022 FINANCE CODE ENF AT&T 10/22 FIRSTNET SVS 287302656036 44.13 $ 34743 11/22/2022 FINANCE COMPUTER MAINT AT&T 10/22 FIRSTNET SVS 287302656036 419.57 $ 34743 11/22/2022 FINANCE ENGINEERING AT&T 10/22 FIRSTNET SVS 287302656036 236.88 $ 34743 11/22/2022 FINANCE FACILITIES MAINT AT&T 10/22 FIRSTNET SVS 287302656036 648.00 $ 34743 11/22/2022 FINANCE FINANCE AT&T 10/22 FIRSTNET SVS 287302656036 138.56 $ 34743 11/22/2022 FINANCE FLEET MAINT AT&T 10/22 FIRSTNET SVS 287302656036 44.13 $ 34743 11/22/2022 FINANCE GRANT OVERSIGHT AT&T 10/22 FIRSTNET SVS 287302656036 49.16 $ 34743 11/22/2022 FINANCE HR/RISK MGT AT&T 10/22 FIRSTNET SVS 287302656036 89.40 $ 34743 11/22/2022 FINANCE PARKS AT&T 10/22 FIRSTNET SVS 287302656036 192.66 $ 34743 11/22/2022 FINANCE PLANNING AT&T 10/22 FIRSTNET SVS 287302656036 213.06 $ 34743 11/22/2022 FINANCE STREETS AT&T 10/22 FIRSTNET SVS 287302656036 49.16 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34743 11/22/2022 FINANCE UBͲGARBAGE AT&T 10/22 FIRSTNET SVS 287302656036 11.03 $ 34743 11/22/2022 FINANCE UBͲSEWER AT&T 10/22 FIRSTNET SVS 287302656036 11.03 $ 34743 11/22/2022 FINANCE UBͲWATER AT&T 10/22 FIRSTNET SVS 287302656036 22.07 $ 34743 11/22/2022 FINANCE WWTP AT&T 10/22 FIRSTNET SVS 287302656036 49.16 $ 34743 11/22/2022 FINANCE CITY MANAGER AT&T 10/22 FIRSTNET SVS 287302656036 89.40 $ 34743 11/22/2022 FINANCE PD OPS AT&T 10/22 FIRSTNET SVS 287302965625 12,634.72 $ 34744 11/22/2022 ENGINEERING ENGINEERING AMERICAN BUSINESS MACHINES PLOTTER COPIER SERVICE 1,266.00 $ 34745 11/22/2022 HR/RISK MGT HR/RISK MGT CA DEPARTMENT OF JUSTICE PREͲEMPLOYMENT LIVESCAN APPS 320.00 $ 34745 11/22/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 10/22 BLOOD ALCOHOL ANALYSIS 805.00 $ 34745 11/22/2022 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 10/22 MISCELLANEOUS SERVICES 516.00 $ 34746 11/22/2022 PD OPS PD OPS CALIFORNIA FORENSIC INSTITUTE PREͲEMPLOYMENT EXAM 2,700.00 $ 34747 11/22/2022 PW ADMIN UBͲWATER CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲCH FINANCE 145.00 $ 34747 11/22/2022 PW ADMIN PD OPS CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCEͲPD 645.00 $ 34748 11/22/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 830.24 $ 34749 11/22/2022 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO EE LIFE INSURANCE 765.57 $ 34750 11/22/2022 FINANCE PD OPS COMCAST 10/22 SVS 8155500320092096 156.02 $ 34750 11/22/2022 FINANCE PD OPS COMCAST 11/22 SVS 8155500320092096 160.77 $ 34751 11/22/2022 HR/RISK MGT HR/RISK MGT CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 770.00 $ 34751 11/22/2022 HR/RISK MGT PARKS CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 62.00 $ 34751 11/22/2022 HR/RISK MGT SEWER OPS CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 69.00 $ 34751 11/22/2022 HR/RISK MGT PD OPS CONCENTRA MEDICAL CENTERS PREͲEMPLOYMENT PHYSICAL & AUDIOGRAM CHECK 31.00 $ 34752 11/22/2022 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/22 87.50 $ 34752 11/22/2022 PD OPS UBͲGARBAGE CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/22 21.88 $ 34752 11/22/2022 PD OPS UBͲSEWER CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/22 21.88 $ 34752 11/22/2022 PD OPS UBͲWATER CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 10/22 43.74 $ 34753 11/22/2022 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORINGͲPW 255.00 $ 34753 11/22/2022 PW ADMIN WATER OPS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORINGͲPW 255.00 $ 34754 11/22/2022 ENGINEERING ENGINEERING FEDERAL EXPRESS EXPRESS SHIPPING 47.61 $ 34755 11/22/2022 BUILDING BUILDING INTERNATIONAL CODE COUNCIL INC 2022 CA CODE BOOKSͲFULL COLLECTION 2,818.83 $ 34756 11/22/2022 PARKS AQUATICS PROGRM CHARLES LUECKER, AUTHORIZED SIGNER CHLORINE FOR POOL 2,953.67 $ 34757 11/22/2022 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATEͲ9921687 100.00 $ 34758 11/22/2022 HR/RISK MGT HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENTͲPW MAINT 72.20 $ 34759 11/22/2022 GRANTS TRANSͲFIXED MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANISTͲ10/22 518.01 $ 34759 11/22/2022 GRANTS TRANSͲDAR MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGE TRANISTͲ10/22 518.01 $ 34759 11/22/2022 FLEET CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ04/22 12.75 $ 34759 11/22/2022 FLEET CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ05/22 12.04 $ 34759 11/22/2022 FLEET CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ06/22 10.05 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34759 11/22/2022 FLEET CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ07/22 11.33 $ 34759 11/22/2022 FLEET CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ08/22 11.21 $ 34759 11/22/2022 FLEET CODE ENF MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ10/22 6.20 $ 34759 11/22/2022 FLEET ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ04/22 113.79 $ 34759 11/22/2022 FLEET ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ05/22 139.55 $ 34759 11/22/2022 FLEET ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ06/22 59.78 $ 34759 11/22/2022 FLEET ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ07/22 37.00 $ 34759 11/22/2022 FLEET ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ08/22 5.97 $ 34759 11/22/2022 FLEET ENGINEERING MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ10/22 33.73 $ 34759 11/22/2022 FLEET FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ04/22 5.65 $ 34759 11/22/2022 FLEET FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ05/22 22.25 $ 34759 11/22/2022 FLEET FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ06/22 6.12 $ 34759 11/22/2022 FLEET FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ07/22 6.16 $ 34759 11/22/2022 FLEET FLEET MOTOR POOL MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ08/22 3.57 $ 34759 11/22/2022 FLEET PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ04/22 208.98 $ 34759 11/22/2022 FLEET PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ05/22 336.40 $ 34759 11/22/2022 FLEET PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ06/22 229.38 $ 34759 11/22/2022 FLEET PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ07/22 301.31 $ 34759 11/22/2022 FLEET PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ08/22 287.70 $ 34759 11/22/2022 FLEET PARKS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ10/22 216.71 $ 34759 11/22/2022 FLEET STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ04/22 151.61 $ 34759 11/22/2022 FLEET STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ05/22 124.35 $ 34759 11/22/2022 FLEET STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ06/22 129.14 $ 34759 11/22/2022 FLEET STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ07/22 98.14 $ 34759 11/22/2022 FLEET STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ08/22 81.64 $ 34759 11/22/2022 FLEET STREETS MADERA UNIFIED SCHOOL DISTRICT CNG FUEL USAGEͲ10/22 179.32 $ 34760 11/22/2022 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES 1,114.60 $ 34761 11/22/2022 PARKS AQUATICS PROGRM MAMMOTH OXYGEN CO2 FOR POOL 111.60 $ 34762 11/22/2022 PW ADMIN PARKS MID VALLEY DISPOSAL INC. SWEEPER SERVICES 604.00 $ 34762 11/22/2022 PW ADMIN STREETS MID VALLEY DISPOSAL INC. SWEEPER SERVICES 11,081.19 $ 34763 11/22/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 5207933925Ͳ6 86.77 $ 34763 11/22/2022 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 10/22 SERVICE 9787342989Ͳ4 121.99 $ 34763 11/22/2022 FINANCE PARKS PACIFIC GAS & ELECTRIC 10/22 SERVICE 8675479583Ͳ8 13.13 $ 34764 11/22/2022 PW ADMIN AIRPORT OPS PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN FACILITIES MAINT PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN FLEET MAINT PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN STREETS PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34764 11/22/2022 PW ADMIN SEWER OPS PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN WATER OPS PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN WATER QUALITY PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN WWTP PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34764 11/22/2022 PW ADMIN PURCHASING PITNEY BOWES, INC. POSTAGE REFILLͲPW 74.89 $ 34765 11/22/2022 ENGINEERING LTFͲSTREETS PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 7,000.00 $ 34765 11/22/2022 PW ADMIN WATER OPS PROVOST & PRITCHARD CONSULTING PROFESSIONAL CONSULTING SERVICES 2,384.00 $ 34766 11/22/2022 ENGINEERING WATER CAPITAL REAL PROPERTY ANALYSTS APPRAISAL SERVICESͲPROJECT WͲTͲ0001 9,600.00 $ 34767 11/22/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTION $ 219.57 34768 11/22/2022 FINANCE PAYROLL TRUST STATE OF CALIFORNIA EDD TAX DEDUCTION $ 429.20 34769 11/22/2022 WWTP WWTP SYNAGRO WEST, INC. BIOSOLIDS DISPOSAL 49,722.00 $ 34770 11/22/2022 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 10/22 207.00 $ 34771 11/22/2022 FINANCE PAYROLL TRUST VANTAGEPOINT TRANSFER AGENTSͲ457 EE DEFERRED COMP CONTRIBUTIONS 27,035.70 $ 34772 11/22/2022 PW ADMIN WATER CONSERV OTPͲREBATES TURF REPLACEMENT REBATE 1,350.00 $ 34773 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 10000441 374.50 $ 34774 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9901260 160.98 $ 34775 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9909503 152.10 $ 34776 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 7113241 196.52 $ 34777 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9923399 151.54 $ 34778 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9897165 167.98 $ 34779 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9909200 220.61 $ 34780 11/22/2022 FINANCE AIRPORT OPER FUND AR REFUNDS REFUND OVERPAYMENT ON CLOSED ACCT 10.00 $ 34781 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9558001 197.59 $ 34782 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9907542 181.20 $ 34783 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9923686 189.59 $ 34784 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9913422 236.83 $ 34785 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9926372 233.00 $ 34786 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9926060 213.70 $ 34787 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 4808001 162.83 $ 34788 11/22/2022 FINANCE AIRPORT OPER FUND AR REFUNDS REFUND DEPOSITͲUNIT 1 58466 100.00 $ 34789 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9906246 231.11 $ 34790 11/22/2022 FINANCE GENERAL FUND AR REFUNDS REFUND OVERPAYMENT ON BILL #2740 25.00 $ 34791 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9905658 300.91 $ 34792 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 10000536 213.16 $ 34793 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9191171 150.64 $ 34794 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9924126 126.97 $ 34795 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9916268 152.27 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34796 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9921737 153.98 $ 34797 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9905625 200.39 $ 34798 11/22/2022 FINANCE GENERAL FUND AR REFUNDS GB CUSTOMER ID 9158 BILL #399 50.00 $ 34799 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9896816 187.09 $ 34800 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9891514 159.78 $ 34801 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9919540 180.00 $ 34802 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9895345 165.06 $ 34803 11/22/2022 FINANCE WATER FUND AR REFUNDS METER 17 DEPOSIT REFUND 1,700.00 $ 34804 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9925360 201.02 $ 34805 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9926353 195.59 $ 34806 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9901294 166.90 $ 34807 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9901297 166.92 $ 34808 11/22/2022 UBͲWATER WATER FUND AR REFUNDS UB 9922054 230.17 $ 34809 11/22/2022 UBͲWATER GENERAL FUND AR REFUNDS UB 9907887 190.61 $ 34810 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 9920475 81.55 $ 34811 11/22/2022 UBͲWATER GENERAL FUND OTPͲUB REFUNDS UB 9919195 132.15 $ 34812 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 7427007 92.93 $ 34813 11/22/2022 UBͲWATER GENERAL FUND OTPͲUB REFUNDS UB 9917984 133.85 $ 34814 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9923454 139.21 $ 34815 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9917782 141.71 $ 34816 11/22/2022 UBͲWATER GENERAL FUND OTPͲUB REFUNDS UB 9922566 144.42 $ 34817 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9896631 136.24 $ 34818 11/22/2022 UBͲWATER GENERAL FUND OTPͲUB REFUNDS UB 9919808 145.16 $ 34819 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9919382 133.35 $ 34820 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 6735261 16.87 $ 34821 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9920754 150.00 $ 34822 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9923377 123.54 $ 34823 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9892876 16.78 $ 34824 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9898531 121.76 $ 34825 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9329081 149.25 $ 34826 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9631122 139.09 $ 34827 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9504002 131.47 $ 34828 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9908708 143.66 $ 34829 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9911728 132.83 $ 34830 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9923429 141.00 $ 34831 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9912058 122.54 $ 34832 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9904573 145.35 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 34833 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9908319 142.87 $ 34834 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9923099 127.42 $ 34835 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 9922454 115.57 $ 34836 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9920892 143.20 $ 34837 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 4318091 104.91 $ 34838 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB TERM REFUND 4319001 104.91 $ 34839 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9908743 146.25 $ 34840 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9892876 106.61 $ 34841 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9895018 140.00 $ 34842 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9924978 146.62 $ 34843 11/22/2022 UBͲWATER WATER FUND OTPͲUB REFUNDS UB 9925753 147.32 $ 155 11/08/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 11/02/2022 184.60 $ 156 11/09/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 11/07/2022 213.50 $ 157 11/09/2022 FINANCE PAYROLL TRUST N.P.C.ͲORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 8,695.20 $ 158 11/09/2022 FINANCE PAYROLL TRUST N.P.C.ͲORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 2,870.58 $ 159 11/09/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PARTICIPANT FEEͲOCTOBER 2022 100.00 $ 159 11/09/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 11/08/2022 40.00 $ 160 11/18/2022 PURCHASING AIRPORT OPS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,656.12 $ 160 11/18/2022 PURCHASING BUILDING US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,147.87 $ 160 11/18/2022 PURCHASING CDBG ADMIN US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 738.35 $ 160 11/18/2022 PURCHASING CENTRAL ADMIN US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 34.21 $ 160 11/18/2022 PURCHASING CITY CLERK US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,066.52 $ 160 11/18/2022 PURCHASING CITY COUNCIL US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 835.01 $ 160 11/18/2022 PURCHASING CODE ENF US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 675.56 $ 160 11/18/2022 PURCHASING COMM & REC US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,598.07 $ 160 11/18/2022 PURCHASING COMM PROMO US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 8,610.91 $ 160 11/18/2022 PURCHASING COMPUTER MAINT US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 4,545.37 $ 160 11/18/2022 PURCHASING DRAINAGE US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 47.89 $ 160 11/18/2022 PURCHASING ENGINEERING US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 113.52 $ 160 11/18/2022 PURCHASING FACILITIES MAINT US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 4,298.76 $ 160 11/18/2022 PURCHASING FINANCE US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 443.71 $ 160 11/18/2022 PURCHASING FIRE US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 14,619.20 $ 160 11/18/2022 PURCHASING FLEET MAINT US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 14,239.42 $ 160 11/18/2022 PURCHASING FLEET MOTOR POOL US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 20.00 $ 160 11/18/2022 PURCHASING GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 13,858.09 $ 160 11/18/2022 PURCHASING GRAFFITI ABATE US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 158.53 $ 160 11/18/2022 PURCHASING HR/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 2,950.15 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 160 11/18/2022 PURCHASING INS/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 2,310.47 $ 160 11/18/2022 PURCHASING LMD SERVICES US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 2,859.60 $ 160 11/18/2022 PURCHASING LTFͲSTREETS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 257.50 $ 160 11/18/2022 PURCHASING MEAS KͲFIRE US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,304.70 $ 160 11/18/2022 PURCHASING MEAS TͲENVIRO US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 154.50 $ 160 11/18/2022 PURCHASING PARKS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 8,854.80 $ 160 11/18/2022 PURCHASING PARKS ADMIN US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 707.47 $ 160 11/18/2022 PURCHASING PLANNING US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,213.33 $ 160 11/18/2022 PURCHASING STREETS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 12,927.28 $ 160 11/18/2022 PURCHASING RECREATION US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 207.34 $ 160 11/18/2022 PURCHASING SEWER OPS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 2,928.91 $ 160 11/18/2022 PURCHASING SPORTS PROGRAMS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 475.98 $ 160 11/18/2022 PURCHASING SR CITIZEN COMM US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,507.27 $ 160 11/18/2022 PURCHASING STREET CLEANING US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 1,648.04 $ 160 11/18/2022 PURCHASING SUPP LAW ENF US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 580.74 $ 160 11/18/2022 PURCHASING TRANSͲFIXED US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 5,676.90 $ 160 11/18/2022 PURCHASING TRANSͲDAR US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 3,149.42 $ 160 11/18/2022 PURCHASING UBͲGARBAGE US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 14.76 $ 160 11/18/2022 PURCHASING UBͲSEWER US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 14.76 $ 160 11/18/2022 PURCHASING UBͲWATER US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 29.53 $ 160 11/18/2022 PURCHASING WATER OPS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 8,059.21 $ 160 11/18/2022 PURCHASING WATER QUALITY US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 2,934.60 $ 160 11/18/2022 PURCHASING WWTP US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 10,692.32 $ 160 11/18/2022 PURCHASING MEAS KͲPD US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 51.50 $ 160 11/18/2022 PURCHASING CITY MANAGER US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 750.00 $ 160 11/18/2022 PURCHASING FLEET ACQUISITION US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 689.79 $ 160 11/18/2022 PURCHASING PURCHASING US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 75.76 $ 160 11/18/2022 PURCHASING SPECIAL EVENTS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 784.46 $ 160 11/18/2022 PURCHASING PD OPS US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 13,089.54 $ 160 11/18/2022 PURCHASING TOBACCO GRANT US BANK CORPORATE PAYMENT SYSTEMS 10/22 CALCARD CHARGES 531.92 $ 161 11/18/2022 FINANCE PAYROLL TRUST N.P.C.ͲORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 8,700.39 $ 162 11/18/2022 FINANCE PAYROLL TRUST N.P.C.ͲORCHARD TRUST COMPANY EE DEFERRED COMP CONTRIBUTIONS 2,871.82 $ 163 11/18/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 11/15/2022 830.94 $ 164 11/21/2022 HR/RISK MGT CITY CLERK EMPLOYEE BENEFIT SPECIALISTS, INC. NOVEMBER BENEFIT PREMIUMS 848.00 $ 164 11/21/2022 HR/RISK MGT PAYROLL TRUST EMPLOYEE BENEFIT SPECIALISTS, INC. NOVEMBER BENEFIT PREMIUMS 335,225.07 $ 164 11/21/2022 HR/RISK MGT PD OPS EMPLOYEE BENEFIT SPECIALISTS, INC. NOVEMBER BENEFIT PREMIUMS 848.00 $ 165 11/21/2022 FINANCE WWTP BOND ADMIN BANK OF NEW YORK MELLON 2015 WASTEWATER REV REF BOND PMT 234,434.18 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 166 11/23/2022 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 11/22/2022 1,730.00 $ BANK #1ͲUNION BANK GENERAL ACCOUNT TOTAL $ 2,821,461.17

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

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

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

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

DISCUSSION:

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

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

Council Meeting of: December 7, 2022
Agenda Number: ____________
B-3
Table 1: Comparison of Public Meeting requirements (Brown Act vs. AB 361) Brown Act Requirement Requirement Under AB 361
If the legislative body of a local agency elects
to use teleconferencing, it shall post agendas
at all teleconference locations and conduct
teleconference meetings in a manner that
protects the statutory and constitutional
rights of the parties or the public appearing
before the legislative body of a local agency.
 Agendas not required to be posted at all
teleconference locations.
 Meeting must still be conducted in a
manner that protects the statutory and
constitutional rights of the parties or the
public appearing before the legislative
body of a local agency.

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

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

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

ATTACHMENTS:

1. Resolution Regarding Remote Teleconference Meetings
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

REAUTHORIZING REMOTE TELECONFERENCE MEETINGS BY THE CITY

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

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

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

2. Each teleconference location is accessible to the public;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 8. This Resolution shall take effect immediately upon its adoption and shall be effective until either (i) January 6, 2023 or (ii) such time as the City Council adopts a Subsequent Resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council and all City legislative bodies may continue to meet remotely, without
compliance with Government Code section 54953(b)(3), but otherwise as permitted by Government Code section 54953(e) et seq.
* * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Salary range assignments for part-time positions
RECOMMENDATION:

Adopt a resolution approving the City of Madera Part-Time Salary Schedule effective December 31, 2022
SUMMARY:

The City employs about one fourth (1/4) to one third (1/3) of its workforce on a part-time basis depending on the time of year and needs of the City. Part-time employees do not receive benefits other than those provided by law, are paid on an hourly basis only for actual hours worked, and their employment is at-will. Resolution 07-132 was adopted by the Council in May 2007 setting the rate of compensation for part-time positions of the City of Madera based on Salary Schedule P. Schedule P is different than the full-time salary schedule in two ways:

1. Each range consists of 5 steps, rather than 6 as found on the full-time schedule; and

2. Steps within a range increase by 50 cent increments, rather than by percent.

The resolution has been amended from time to time when new part-time positions were added or changes were made to the California minimum wage. The requested action is to adjust the salary range assignments to account for the new California minimum wage of $15.50 per hour to be effective January 1, 2023, add an assigned pay range for Graphical Information Systems (GIS) Technician, and adjust the assigned ranges for professional engineers.

B-4
DISCUSSION:

The City maintains a publicly adopted salary schedule for part time positions used to supplement its full-time workforce. Part time positions are generally held to working less than thirty (30) hours per week. Additionally, part time employees are not eligible for any benefits besides those mandated by law, are only paid for actual work hours, and are employed on an at-will basis.

Beginning in 2017, California has implemented scheduled increases to the minimum wage. The final increase for employers with twenty-six (26) or more employees based on this schedule was to be effective January 1, 2022, increasing the minimum wage to $15.00 per hour. Due to high inflation, an automatic escalator will increase the minimum wage to $15.50 per hour effective January 1, 2023.

The proposed part-time salary schedule contemplated in this report will adjust the salary range assignments for part time positions on Schedule P so that the starting wage for the lowest paid positions is equal to the new minimum wage effective December 31, 2022 (the start of the pay period inclusive of January 1, 2023). Related positions are proposed to be adjusted by the same amount to keep the current compensation spread between positions. Additionally, to meet the needs of the Community Development Department in developing and maintaining map layers, staff is recommending adding a GIS Technician position to the schedule. Lastly, in consultation with the City Engineer, staff is recommending adjustment to the professional engineer positions to reflect current market conditions. Exhibit 1 to the resolution provided with this report shows the proposed Part-Time Salary Schedule being recommended for adoption.

FINANCIAL IMPACT:

The requested action will set the pay rates for the listed part-time positions. Departments budget for part-time positions in lump sum amounts (i.e. a pool of dollars) and will be expected to manage their appropriated funds or request budget adjustments if needed by separate action.

ALTERNATIVES:

If Council does not approve the proposed changes, the assigned salary ranges will remain as is.

Should this occur, staff requests direction on next steps in addressing minimum wage changes.

ATTACHMENTS:

1. Resolution
a. Exhibit 1: City of Madera Part-Time Salary Schedule effective December 31, 2022 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING ASSIGNED PAY RANGES FOR PART-TIME POSITIONS ON CITY OF

MADERA SALARY SCHEDULE P
WHEREAS, the City of Madera workforce includes part-time positions to support the City in providing services to City residents; and
WHEREAS, these part-time positions are listed on a published salary table with assigned pay ranges from City of Madera Salary Schedule P; and
WHEREAS, from time to time the assigned ranges are adjusted due to various reasons, including minimum wage adjustments and market conditions.

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

1. The above recitals are true and correct.

2. Effective December 31, 2022, compensation ranges for part-time positions of the City of Madera will be assigned ranges from Salary Schedule P as indicated in Exhibit 1, attached hereto and incorporated herein.

3. This resolution shall supersede any and all prior resolutions setting compensation ranges for part time positions, which shall be of no further force and effect as of the effective date of this resolution.

4. This resolution is effective immediately upon adoption. **********************************
Exhibit 1 City of Madera
Part‐Time Salary Schedule
Effective 12/31/2022
Position
Schedule P
Range Step A Step B Step C Step D Step E
Program Leader I 17 15.50 16.00 16.50 17.00 17.50
Parking Enforcement Officer 17 15.50 16.00 16.50 17.00 17.50 Custodian 17 15.50 16.00 16.50 17.00 17.50
Park Aide 17 15.50 16.00 16.50 17.00 17.50
Facility Aide 17 15.50 16.00 16.50 17.00 17.50
Public Works Maintenance Aid 17 15.50 16.00 16.50 17.00 17.50 Lifeguard/Swim Instructor 18 16.00 16.50 17.00 17.50 18.00 Facility Aide, Certified Pool Operator 18 16.00 16.50 17.00 17.50 18.00 Head Lifeguard 20 17.00 17.50 18.00 18.50 19.00
Program Leader II 21 17.50 18.00 18.50 19.00 19.50
Pool Manager 21 17.50 18.00 18.50 19.00 19.50
Community Service Supervisor 22 18.00 18.50 19.00 19.50 20.00 Intern 22 18.00 18.50 19.00 19.50 20.00
Code Enforcement Consultant 32 23.00 23.50 24.00 24.50 25.00 Graphic Information Systems (GIS) Technician 40 27.00 27.50 28.00 28.50 29.00 Project Development Coordinator (Unlicensed) 70 42.00 42.50 43.00 43.50 44.00 Project Development Coordinator (Licensed) 86 50.00 50.50 51.00 51.50 52.00 Special Transportation Projects Director 106 60.00 60.50 61.00 61.50 62.00 Soccer Official 66 40.00 40.50 41.00 41.50 42.00
Softball Umpire (one official) 36 25.00 25.50 26.00 26.50 27.00 Softball Umpire (two officials) 26 20.00 20.50 21.00 21.50 22.00 Adult Basketball Referee 36 25.00 25.50 26.00 26.50 27.00 Youth Basketball Referee 26 20.00 20.50 21.00 21.50 22.00 Hourly Pay Rate
Per Game Pay Rate
Adopted 12/7/2022
Effective 12/31/2022

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Award of Agreement for Medical Services
RECOMMENDATION:

Adopt a resolution approving a Medical Services Agreement with Occupational Health Centers of California (dba Concentra Medical Centers)
SUMMARY:

The City utilizes medical service providers for pre-employment physicals and drug screens, safety sensitive driver drug and alcohol testing, commercial driver physical exams, industrial injury exam and treatment, and fitness-for-duty exams. The existing medical services agreement is due to expire and staff published a Request for Proposals (RFP) seeking medical service providers to meet the City’s ongoing needs. Based on responses submitted, staff recommended award of two (2) agreements. A Medical Services Agreement with Occu-Med was approved by the City Council at its November 16, 2022, meeting. The second vendor needed additional time to finalize the proposed agreement, and at this time, it is recommended an agreement be awarded to Occupational Health Centers of California (Concentra). The proposed agreement is for a five (5) year term.

DISCUSSION:

The City routinely requires medical services including, but not limited to:
▪ Pre-employment physicals and drug screening
▪ Pre-employment physicals for Peace Officers and Public Safety Dispatcher compliant with the California Commission on Peace Officer Standards and Training (POST) ▪ Industrial injury care
▪ Department of Transportation (DOT) safety sensitive diver drug and alcohol testing B-5
▪ Department of Motor Vehicles (DMV) commercial driver physicals ▪ General medical needs for existing employees such as annual audiograms in support of the City’s hearing conservation program
The City published RFP 202223-01 seeking proposals from medical service providers to meet the City’s ongoing needs. The RFP was published on the City’s website and in the Madera Tribune.

Additionally, notice of the RFP was provided directly to seven (7) known local providers of employment-related medical services.

Table 1. List of medical services providers notified of RFP publication Medical Service Provider Proposal Submitted
Madera Community Hospital No
Concentra Urgent Care Yes
Camarena Health Centers No
Kaiser Permanente On-the-Job Yes
St. Agnes Care Occupational Health No
Apollo No
Occu-Med Yes
The City received three (3) proposals in response to the RFP. The proposals were reviewed by a committee consisting of Human Resources and Police Department staff who routinely work with existing medical service providers. Based on this review and interviews with each proposer, it was recommended the City award two agreements for medical services. An agreement with Occu-Med was approved by the City Council at its November 16, 2022, meeting. That agreement will provide for all services except industrial injury care and will be used most for POST preemployment physicals needed by the Madera Police Department.

The proposed agreement contemplated with this report with Concentra will provide all requested medical services, including industrial injury care (worker’s compensation). While the proposed agreement represents a cost increase over the existing agreement with the same service provider, this is to be expected as the existing agreement was entered into in 2015 for a fixed price over the term of the agreement. After discussions between staff and the service provider, the proposed agreement represents a ten percent (10%) decrease in the initial proposed pricing and a reduction in the annual escalator from five percent (5%) to four percent (4%).

FINANCIAL IMPACT:

The City’s existing medical services agreement was entered into in 2015 with fixed pricing at that time. While the proposed agreements will reflect more current-pricing, staff anticipated the updated agreements and pricing when developing the adopted Fiscal Year 2022-23 budget.

ALTERNATIVES:

Council could direct staff to solicit additional proposals.

ATTACHMENTS:

1. Resolution approving Medical Services Agreement
a. Exhibit 1: Medical Services Agreement with Occupational Health Centers of California
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR MEDICAL SERVICES WITH

OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA
WHEREAS, the City of Madera has a need for ongoing medical services a prepared a Request for Proposals (RFP) to solicit bids for such services; and WHEREAS, Occupational Health Centers of California submitted a proposal to provide the full scope of medical services as requested in the RFP for the City of Madera; and WHEREAS, Occupational Health Centers of California is qualified to provide needed medical services; and
WHEREAS, an agreement has been prepared between the City of Madera and Occupational Health Centers of California for medical services that is in the best interests of both parties.

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

1. The above recitals are true and correct.

2. The Agreement for Medical Services between the City and Occupational Health Centers of California, a copy of which is attached hereto as Exhibit 1 and incorporated herein, is approved.

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

CITY OF MADERA

MEDICAL SERVICES AGREEMENT

THIS Medical Services Agreement is made and entered into by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter City, and OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA, a Medical Corporation, .

RECITALS
A. The City desires to make available to its employees and prospective employees comprehensive medical services in an efficient and economical manner.

B. Service Provider is a Service Provider having the necessary experience and qualifications to provide physician services to those employees eligible for medical services required by the City and the California Workers' Compensation program.

C. City desires to retain Service Provider to provide said services, as detailed further herein. .

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.

2. Services. The City hereby contracts with Service Provider to provide medical services for employees herein set forth at the compensation and upon the terms and conditions herein expressed, and Service Provider hereby agrees to perform such services for said compensation, and upon said terms and conditions. City will authorize Service Provider to commence work upon written notice to Service Provider.

3. Obligations, duties, and responsibilities of Service Provider (Scope of Services). It shall be the duty, obligation, and responsibility of the Service Provider, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in EXHIBIT A which is attached and incorporated by reference .

4. Compensation.

4.1. claim, City shall compensate Service Provider for services based on the agreed upon Fee Schedule set forth in EXHIBIT B. Exhibit B is attached and incorporated by reference.

4.2. It is understood that Service Provider will receive payment for services ("Agreement")
called" II
hereinafter called "Service Provider "
(the "Services")
For all services other than those provided for a workers' compensation rendered related to workers' compensation claims in accordance with The Official Medical Fee Schedule promulgated by the California Department of Industrial Relations, nsation.

4.3. The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed. Items should be billed as described on the Fee Schedule in Exhibit B and must be organized in such a way that the City can identify to whom the services were provided.

4.4. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Service Provider. Billing contact for Service Provider is Josh Nielson by email at [email protected].

4.5. It is expressly understood that Service Provider shall coordinate the submission of billings to the City on behalf of all other medical services or service providers, for all health services rendered as listed in the Scope of Work identified in Exhibit A, except for services rendered that have
been referred to other providers.

4.6. Payment shall be made directly by the City, or
claims, its Third Party Administrator, Acclamation Insurance Management Services (A.I.M.S.), to the Service Provider within thirty (30) days of receipt of billing.

Non-Workers Compensation Claims - for all claims excluding Workers Compensation claims. All claims will include patient name, date of service and type of services provided. Billings to be made directly to the following address:

City of Madera Human Resources Department
205 W. 4th Street
Madera, CA 93637
Workers Compensation Claims - all claims for Workers Compensation related services will be billed directly to the following address:

A. I. M.S.

PO Box 269120
Sacramento, CA 95826

5. Term and Termination.

5.1. This Agreement shall be effective beginning on December 8, 2022 after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect for five (5) years unless otherwise terminated by the City.

5.2. City reserves the right to discharge Service Provider and terminate this Agreement at any time with thirty (30) days notice. Service Provider shall also have the .

In the event of such discharge or termination, the City shall compensate Service Provider Division of Workers' Compe
related to workers' compensation claims
for workers' compensation
right to terminate this Agreement at any time with thirty (30) days' written notice to City for services rendered up to and including the date of termination. City shall terminate services and/or the Agreement by delivering to Service Provider a written notice specifying the extent to which services and/or the Agreement are terminated and the effective date of the termination. Notice of termination shall be provided as follows:

Occupational Health Centers of California, a Medical Corporation 5080 Spectrum Drive, Suite 1200W
Addison, Texas 75001
Attn: Legal Contracts

5.3. Service Provider shall also have the right to terminate this Agreement at provided as follows:

City of Madera
Director of Human Resources
205 W. 4th Street
Madera, CA 93637

6. Independent contractor. Service Provider shall perform the Services under this Agreement as an independent contractor and not as an officer, employee, agent or volunteer of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Service Provider
be deemed to give any third party, including but not limited to Service Provider claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.

7. Indemnification and Waivers. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and
arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. The obligations under this paragraph are in addition to, and are not limited by any insurance which Service Provider is otherwise required to maintain under this Agreement.

8. Insurance. During the term of this Agreement, Service Provider shall maintain, keep in force and pay all premiums required to maintain and keep in force commercial general liability . The
limits and coverages provided by such policies shall be as required in EXHIBIT C of this Agreement.

Exhibit C is attached and incorporated by reference.
any time with thirty {30) days' written notice to City. Notice of such termination shall be 's employees, nor shall anything contained in this Agreement 's employees, any
actions in law or equity (including reasonable attorney's fees and litigation expense) that , workers' compensation, medical malpractice and employer's liability insurance

9. Compliance with Law. Service Provider shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

10. Confidentiality. All data, medical reports, medical information, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Service Provider in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City unless otherwise provided by law or expressly authorized by City. Service Provider shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement.

11. Medical Records.

11.1. Custodian. Service Provider shall serve as the custodian of medical records created at the clinic during the term of this Agreement. Service Provider, as custodian of records shall abide by all local, state, and federal requirements for such record retention during and after the term of this Agreement. Service Provider shall also abide by all applicable laws related to Service Provider and the medical service record retention. City acknowledges that Service Provider will provide copies of medical records to any thirdparty requestor (with the appropriate executed release from the employee/patient, court order, or business affidavit, as applicable).

11.2. Access. City understands and acknowledges that the City is not entitled to access any patient medical records except to the extent allowed by law. Service Provider ated in 45 CFR §160.103. As a covered entity, Service
Provider may only disclose protected health information as authorized by and to the extent allowed by law.

11.3. Retention and Destruction. Upon the termination of this Agreement for any reason, Service Provider shall maintain all records created against the statutory and regulatory requirements. Should City request records be maintained by Service Provider beyond any state, local or federal rule due to an ongoing audit or legal matter, then City shall be invoiced for such retention for as long as such records are retained until written notice from City to destroy such retained records.

11.4. This Section 11 shall survive the termination of this Agreement.

12. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Service Provider without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Service Provider shall not assign the payment of any monies due Service Provider from City under the is a "covered entity" as enumer
terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Service Provider directly to Service Provider.

13. Miscellaneous.

13.1. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

13.2. Governing Law. The parties agree that this Agreement shall be governed and constructed by and in accordance with the Laws of the State of California.

13.3. Required License and Professional Credentials. Service Provider and personnel providing services shall maintain all licenses and professional credentials necessary for the provision of such services. Service Provider shall promptly notify City of changes of status or events that might impact the provision of professional services to City.

13.4. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

13.5. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

13.6. Incorporation of Documents. All documents constituting the Agreement documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

13.7. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

13.8. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

13.9. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

13.10. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

13.11. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

13.12. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Madera or in the United States District Court for the Eastern District of California.

13.13. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable action against the non-prevailing party.

13.14. Counterpart Signatures. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

14. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Service Provider and the City.

OCCUPATIONAL HEALTH CENTERS OF CITY OF MADERA
CALIFORNIA, a Medical Corporation

______________________________ _______________________________ Kathy T. Le, MD, MPH Santos Garcia
President and Treasurer Mayor
Date: ____________________, 2022 Date: ___________________, 2022

ATTEST APPROVED AS TO FORM
______________________________ ______________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: ____________________, 2022 Date: ____________________, 2022 costs, including reasonable attorney's fees, incurred or expended in connection with such ~ Lt:;, Mt> atl1yLe,O (Nov 14, 202210:07 PST)
Nov 14, 2022

EXHIBIT A

SCOPE OF WORK
A. Pre-Employment Physicals (post job offer)

1. candidates based on the proposed job description. Job descriptions will be provided by the City of Madera. For all candidates, this will include collection of a urine specimen for 5-panel drug testing with Medical Review Officer (MRO) services in compliance with me candidates, this may also include
audiogram and back x-ray with radiological interpretation, depending on the proposed job description.

2. Provide pre-employment physicals by a licensed physician for law enforcement personnel compliant with California Commission on Peace Officer Standards Training (POST) regulations. This applies to the positions of Police Officer and Public Safety Dispatcher. For more information on POST standards and regulations relating to preemployment medical exams, please visit https://www.post.ca.gov/medical-screeningmanual.aspx. The Peace Officer pre-employment physical form is provided in Attachment A. The Public Safety Dispatcher pre-employment physical form is provided in Attachment B.

3. Provide reports on pre-employment physicals and ancillary testing to the City via facsimile, electronic mail, or through a secure portal within three (3) business days of the appointment. If information is delayed, the phys
contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

4. Provide sufficient staffing availability to schedule appointments within one (1) week of a request for appointment. The City understands that services may vary by applicant and subsequent examinations may occur after the initial exam in order to meet the medical screening guidelines as published by POST. These subsequent appointments/services should be scheduled as soon as practicable.

B. Safety Sensitive Driver Drug and Alcohol Testing

1. Provide drug and alcohol testing services for employees of the City of Madera subject to drug and alcohol testing because of safety sensitive duties. a) Alcohol testing procedures must be compliant with 49CFR Part 40 and must be conducted by a certified Breath Alcohol Technician using an evidential breath testing device approved by the National Motor Carrier Safety Administration. b) Drug testing procedures must be compliant with 49 CFR Part 40. Drug testing must be conducted using a split sample urine specimen.

2. Provide results of alcohol testing immediately after completion of testing to the City of Madera via facsimile, electronic mail, or through a secure portal.

3. Provide results of drug testing within three (3) business days of the test to the City of Madera via facsimile, electronic mail, or through a secure portal. If information is Provide a general basic physical by a licensed physician or physician's assistant for job the City's Drug Free Workplace Policy. For so
ician's office must proactively
e or
electronic mail to communicate the delay and anticipated completion date.

4. Services to provide Safety Sensitive driver drug and alcohol testing as described must be available Monday through Friday, 8:00 am 5:00 pm. Individuals reporting for testing must be seen within 30 minutes of initial patient check-in.

C. Commercial Driver Physical Examinations

1. Provide DOT compliant physical exams and drug testing (urine specimen).

2. Provide results of exam and drug testing within three (3) business days of the exam via facsimile, electronic mail, or through a secure portal. If information is delayed, the communicate the delay and anticipated completion date.

3. Provide sufficient staffing availability to schedule appointments within three (3) City business days of a request for appointment. If physicals are offered on a walk-in basis, candidates should be seen by the physician within 45 minutes of initial patient check-in.

D. Industrial Injury Exam, Treatment and Reporting

1. Provide initial injury exam for industrial injuries.

2. Act as primary treating physician for all injuries, except where employee has designated a differing primary treating physician prior to the injury.

3. Provide referral to specialists as needed.

4. Provide supplemental examinations.

5. Provide permanent and stationary examinations and provide all information necessary on the Form PR-4 to successfully resolve claims. This requires the ability to interpret the AMA Guides, determine permanent work restrictions, and determine apportionment in addition to other required information.

6. assigned job description and in accordance with the City of Madera Modified Duty/Return to Work Policy (Attachment C).

7. City of Madera and its third party administrator within one (1) business day of the appointment via facsimile, electronic mail, or through a secure portal with a preference for receipt on the same business day as the appointment. Provide Form PR-4 within ten (10) business days of the date permanent and stationary status has been determined.

If information is
telephone or electronic mail to communicate the delay and anticipated completion date.

8. Sufficient staffing must be available to treat new injuries Monday-Friday, 8 am 5 pm.

The office itself need not be open, but staff must be available to respond in a timely manner should an injury occur. Patients should be seen by the treater within 45 minutes of initial patient check-in.

9. ay treat industrial injuries, but
must be overseen by a Physician and may only treat as provided in the California Labor delayed, the physician's office must proactively contact City staff via telephon physician's office must proactively contact City staff via telephone or electronic mail to For all exams, provide work restrictions when appropriate pursuant to the employee's Provide Physician's First Report of Injury, supplemental reports, and final reports to the delayed, the physician's office must proactively contact City staff via A Physician's Assistant or Certified Nurse Practitioner m Code governing the Workers' Compensation Program.

E. Fitness for Duty Examinations

1. Provide physical examinations to determine fitness for applicable job description as needed.

2. Provide results of the exam to the City of Madera within three (3) business days of the City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

3. Provide sufficient staffing availability to schedule appointments within three (3) City business days of a request for appointment.
duty pursuant to the employee's
appointment. If information is delayed, the physician's office must proactively contact

EXHIBIT B

FEE SCHEDULE
Service Rate
Audiogram (E) $67.50
Breath Alcohol Test Random (E) $54.90
Chemistry 23 Screen 307818 (E) $116.10
Complete Blood Count (CBC) w/Diff 6399 (E) $81
DOT Physical PrePlacement (E) $108.90
DOT Physical Recertification (E) $108.90
EKG Resting (E) $90.90
Hep B Recombivax (3 shots) #1 (E) $138.60
Hep B Recombivax (3 shots) #2 (E) $138.60
Hep B Recombivax (3 shots) #3 (E) $138.60
HIV 1/2 Ag/Ab Fourth gen w/Reflexes 91431 (E) $114.30
Non Reg UDS 10 Panel PrePlacement 27800 (E) $73.80
Non Regulated UDS PrePlacement* (E) $73.80
Physical PrePlacement (E) $94.50
Pulmonary Function Test (E) $78.30
Rapid eCup+/5 Panel UDS (E) $68.40
Regulated UDS Collect Random (E) $49.50
TB Skin Test (E) $57.60
U/A Manual Microscopic 8563 (E) $80.10
X-Ray Chest-1 View (E) $97.20
X-Ray Lumbar Spine-1 View (E) $106.20

1. After the first twelve months of this Agreement, if the current market price for the above Services change due to market conditions, demand(s) and/or shortage(s), the City of Madera will be billed the then current market rate.

2. At the beginning of each twelve (12) month period of this Agreement, commencing on the date which is twelve (12) months following the Effective Date of Services, the Fees for the prior twelve (12) month period shall be automatically increased by four percent (4%).

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Service Provider
Service Provider shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Sub-consultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance:

Service Provider shall maintain limits no less than:
$2,000,000 General Liability (including operations, products, and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage should be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
as required by the State of California and $1,000,000
Liability per accident for bodily injury or disease. Service Provider shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. $1,000,000 Medical Malpractice per claim and in the aggregate. Service Provider shall maintain medical malpractice insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Service Provider agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Maintenance of Coverage
Service Provider shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Service Provider, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
's indemnification of City, and prior to commencement of Work, •
• Workers' Compensation Employer's
■
Service Provider's bid.

Service Provider shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an - (or higher) and a Financial Size Category Class VII (or larger), Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement, except for Medical Malpractice Liability Insurance, shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

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

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

Notice of Cancellation
Service Provider agrees to oblige its insurance agent or broker and insurers to provide to the City Self-insured Retentions
endorsement for workers' compensation. Insurance certificates and endorsements must be assigned policyholders' Rating of A
in accordance with the latest edition of Best's Key Rating Guide. with thirty {30) calendar days' notice of cancellation (except for nonpayment for which ten {10) calendar days' notice is required) or non renewal of coverage for each required coverage.

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

See deductible sheet attached to certificate for all deductibles.

Self-insurance will not be considered to comply with these specifications unless approved by the Timely Notice of Claims
Service Provider shall give the City prompt and timely notice of claims made or suits instituted involve or may involve coverage under any of the required liability policies.

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

City's Risk Manager.
that arise out of or result from Service Provider's performance under this Agreement, and that

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Reimbursement Agreement with Origo Cold Madera Phase I LLC for Public Improvements RECOMMENDATION:

Adopt Resolution Approving Reimbursement Agreement between City and Origo Cold Madera Phase I LLC, relating to Site Plan Review No. 2021-41
SUMMARY:

On March 8, 2022, the Planning Commission approved Site Plan Review (SPR 2021-41) for Origo Cold Madera (“Project”). As a condition of approval, the Project was required to construct offsite sewer, storm drain, and street public improvements in conjunction with the project. Under the City’s Municipal Code, a developer may seek reimbursement for the construction of oversized or excess capacity public improvements pursuant to a reimbursement agreement approved by the Council. The proposed resolution approves a reimbursement agreement with Origo Cold Madera Phase I LLC for public improvements. This is because the Developer is only required to pay its fair share of the burden.

DISCUSSION:

Origo Cold Madera Phase I LLC is referred to as the Project Owner. The Project Owner is required to, as a condition of approval, construct public improvements to the sewer, storm drain, and streets on Condor Road. The developer is anticipated to submit a request for reimbursement of these improvements under the City’s Development Impact Fee Program. To reimburse the Developer for improvements, the City and Developer must enter a Reimbursement Agreement.

Pursuant to Madera Municipal Code 10-8.12, Section A, all of the following conditions must be satisfied:
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(1) Developer has been required or permitted to install and dedicate a public facility identified in the Technical Report which is oversized (including supplemental size, length, or capacity) beyond that which can be attributed to the specific development installing the same; Value of facilities exceed the that which would be required if not oversizing. (2) The facility for which reimbursement is sought is identified by the city as a priority project to be funded within the four-year period immediately following the completion of the facility;
Without completion of the public facilities, the Project could not become operational. As such, they are needed within a four-year period.
(3) Revenues within the particular CFF account funding the facility are available; and Reimbursements will be made from the applicable Development Impact Fee program account for sewer, storm drain and street improvements. It is anticipated funds will be available for each of the respective facilities.
(4) The sum value of the facility(ies) constructed, based on the most current estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost), exceeds the total capital facilities fee liability of the specific development installing the facility.

The value of the facilities exceeds the Development Impact Fees (also known as capital facilities fee).

FINANCIAL IMPACT:

The Project Owner has paid the required inspection and plan check fees prior to the issuance of the encroachment permit for all off-site improvements. Acceptance of these improvements will result in additional maintenance and resulting costs from the Developer to City. Reimbursements will be funded through the City’s Impact Fee Program.

ALTERNATIVES:

Not approve one or more items associated with this Staff Report. If Council does not support the execution of the Agreement, it will result in the inability to reimburse the Developer for the completed improvements.

ATTACHMENTS:

1. Resolution

2. Reimbursement Agreement
Attachment 1
Resolution
RESOLUTION NO. 22-___

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

CALIFORNIA APPROVING REIMBURSEMENT AGREEMENT BETWEEN CITY

OF MADERA AND ORIGO COLD MADERA PHASE I LLC FOR PUBLIC
IMPROVEMENTS (SITE PLAN REVIEW NO. 2021-41)
WHEREAS, Origo Cold Madera Phase I LLC, a California Limited Liability Corporation, submitted a development project for review by City and obtained entitlements under Site Plan Review No. 2021-41 for its development project; and
WHEREAS, the Site Plan Review conditioned the approvals on Owner’s construction of a storm drain and water main in Condor Road, as well as street construction; and WHEREAS, the plans for the Public Improvements were prepared by North Star Engineering Group, Inc, for Origo Cold Madera Phase I LLC, a California Limited Liability Corporation (“Owner”), and have been approved by the City Engineer; and WHEREAS, City staff has presented evidence that the conditions set forth in Madera Municipal Code Section 10-8.12(A)(1) to (A)(4) have been met in that the infrastructure is oversized for a development of this size, and has been identified as a priority in the City’s Master Plan, reimbursements will be made from the City’s Impact Fee program upon request from the developer and availability of funds; and
WHEREAS, the Owner is required to enter into an agreement with the City for reimbursements of costs relating to the required Public Improvements.

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 conditions for reimbursement set forth in Madera Municipal Code Section 10-8.12(A)(1) to (A)(4) have been met as set forth in the recitals above.

3. The Reimbursement Agreement Between City of Madera and Origo Cold Madera Phase I LLC (Site Plan Review No. 2021-41) attached to this resolution as Exhibit A is approved.

4. The City Engineer is authorized to cause the Reimbursement Agreement to be recorded.

5. This resolution is effective immediately upon adoption. * * * * *
Exhibit A
Reimbursement Agreement
RECORDING REQUESTED BY:

City of Madera
AFTER RECORDING RETURN TO:

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

REIMBURSEMENT AGREEMENT BETWEEN CITY OF MADERA AND

ORIGO COLD MADERA PHASE I LLC
(SITE PLAN REVIEW NO. 2021-41)
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this ___ day of _____, 2022, (the “Effective Date”) by and between the City of Madera, a municipal corporation of the State of California, hereinafter called “City” and Origo Cold Madera Phase I LLC, a California Limited Liability Corporation, hereinafter called “Owner.”

RECITALS
A. Owner owns that property east of Condor Road and approximately 775 feet north of Aviation Drive located in the City of Madera, County of Madera, State of California (the “Subject Property”) and more particularly described as set forth in Exhibit “A” which is incorporated by reference.

B. Owner has obtained from City certain entitlements and/or permits for a development project pursuant to Site Plan No. 2021-41.

C. As conditions of the City approval of said Site Plan, Owner shall construct a 48-inch storm drain pipeline from Aviation Drive to the southern project property line and a 42-inch pipeline along the property frontage to the northern property line in Condor Road in accordance with the City’s Storm Drainage Master Plan. The construction of this line is considered 100% reimbursable, subject to the availability of funds, under the City’s Development Impact Fee Program.

D. As conditions of the City approval of said Site Plan, Owner is required to construct, at a minimum, a 12-inch sewer main from the intersection of Aviation Drive and Condor Road to the most southern property line of the proposed project on Condor Road in accordance with Madera Airport Area Infrastructure Master Plan-Final. Between the southern and northern property lines, a minimum 10-inch sewer main shall be constructed. The oversize component (difference in cost between the pipe installed and 8-inch pipe) of the construction of the sewer main on Condor Road is considered reimbursable, subject to the availability of funds, under the City’s Development Impact Fee Program
E. As conditions of the City approval of said Site Plan, Owner is required to construct along the east half of Condor Road along the entire project frontage shall be improved to an 80-foot collector roadway standard. The east half of the street shall include but not be limited to fire hydrants, streetlights, curb and gutter, park strip, sidewalk, and a 28-foot paved asphalt section. The west half of the street shall include one permanently paved 12-foot travel lane, one half (6-feet) of a 12-foot center turn lane and a paved 1-foot shoulder and drainage swale; or one 12-foot travel lane, one half (6-feet) of a 12-foot center turn lane and a combination of shoulder/AC dike and drain inlets as may be necessary to accommodate existing and completed project storm runoff. The center three lanes (36-feet total centered around ultimate street centerline) are eligible for reimbursement through the City’s Development Impact Fee program, subject to the availability of funds.

F. As conditions of the City approval of said Site Plan, Owner is required to construct a 26-foot paved asphalt section with 24-feet striped shall be constructed on Condor Road from the southern property line of the project parcel to Aviation Drive with a minimum 50-foot transition to the full collector roadway or a sufficient length supported through presentation of turning moving templates for the largest anticipated vehicle accessing the site. The paved portion of this improvement, if constructed to permanent structural section, is eligible for reimbursement through the City’s Development Impact Fee program, subject to the availability of funds.

G. Owner will construct the Public Improvements required by City standards and procedures as required by the Site Plan Review approval and subject to prevailing wages laws.

H. Owner has obtained or will an encroachment permit from the office of the City Engineer of the City of Madera and complied with the requirements thereof.

I. Reference is made hereby to (a) improvement construction plans, (b) those certain specifications on file in the office of the City Engineer entitled, “City of Madera Standard Plans and Specifications,” and (c) “Madera Irrigation District Standards,” as may be applicable this project, for a more particular description of the work and improvements generally outlined in this Agreement. Said plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this Agreement by reference thereto.

J. City and Owner desire to enter this Agreement to allow for reimbursement to Owner for the construction of certain Public Improvements.

AGREEMENT
In consideration of the foregoing recitals which are made a substantive part of this Agreement, Owner and City do hereby mutually agree as follows:

ARTICLE I. GENERAL PROVISIONS
A. AGREEMENT
This Agreement is entered into pursuant to Section 10-8.12 et seq. of Chapter 8 of Title X of the Madera Municipal Code. The provisions of this Agreement and the improvements to be constructed as required by this Agreement are necessary and proper to safeguard and serve the public health, safety, and welfare.

B. DEFINITIONS
Wherever used in the Agreement, the following words and phrases shall have the meaning herein given, unless the context requires a different meaning:

1. “Engineer” shall mean the City Engineer of the City of Madera, or duly authorized representative.

2. “Inspector” shall mean the City Engineer of the City of Madera, or his duly authorized representative.

3. “Standard Specifications” shall mean the City of Madera Standard Drawings and Specifications, including attached details and amendments thereto.

4. “Improvements” shall mean all work and improvements, including those depicted or required on the plans, which may include plans relating to sewer, water, streets, storm drainage, street lighting, concrete, paving, fencing, landscaping, irrigation, grading, and traffic signals.

C. CONSTRUCTION OF IMPROVEMENTS
Owner shall, at the Owner’s own cost and expense, construct all of the Public Improvements in accordance with and to the extent and as provided in those certain plans entitled, “Origo Cold Madera Phase I (SPR 2021-41) Construction Documents,” as approved by the City Engineer and on file with the City Engineer of the City of Madera and the City of Madera Standard Drawings and Specifications, as amended.

Said work shall include but shall not necessarily be limited to, all of the following:
asphalt concrete paving, aggregate base, concrete curb and gutters, sidewalks, water and sewer mains, water and sewer services, storm drainage facilities, street lights, fire hydrants, gas, electric and communication lines, landscape district improvements, implementation of any and all Best Management Practices (BMP’s) as outlined in the City’s Storm Water Quality Management Program and Storm Water Pollution Prevention Plan on file in the office of the City Engineer, implementation of any and all BMP’s to prevent the infiltration of storm water into the City’s sanitary sewer collection system, and all other work, improvements or construction required by or mentioned in the above referenced plans and specifications and all appurtenances reasonably necessary to complete the aforementioned improvements.

D. DEVELOPMENT FEES

1. Development Impact Fees: Owner is obligated to pay all applicable Development Impact Fees for sewer, wastewater treatment plant, water, storm drainage, parks, administrative, fire, general government, police, public works, streets, transportation and traffic signals in the amounts shown in the City’s Master Fee Schedule, section “Development Impact Fees” on Exhibit “B” attached hereto and incorporated by reference. The impact fees shall be paid at time of application for each individual building permit in accordance with the fees in place at the time of application.

2. Other Fees: In addition, Owner is obligated to pay plan check, improvement inspection, grading permit, building permit, encroachment permit, and similar miscellaneous fees as well as drainage and other utility fees required under the Madera Municipal Code and any resolution establishing fees and charges.

3. Fee Adjustments:
a) Development Impact Fees - In the event impact fees are updated as a result of recommendation included within any future Development Impact fee Study Report, Owner shall pay those adjusted fees with each building permit secured following adoption of said fees by the City Council. b) Other Fees - In the event the improvements are not completed as set forth in Article II, Section D of this Agreement and an extension is secured by Owner, the City reserves the right to adjust the fees to those prevailing at the time of construction.

E. INDEMNIFICATION
Indemnity for Professional Liability: When the law establishes a professional standard of care for Owner’s activities to the fullest extent permitted by law, Owner shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Owner (and its Subcontractors), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Owner (and its Subcontractors) and the City in the performance of professional activities under this agreement.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Owner shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Owner or by any individual or City for which Owner is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Owner, except when caused by the active negligence, sole negligence, or willful misconduct of City.

F. INSURANCE
Prior to the issuance of an Encroachment Permit, Owner or Owner’s contractors shall furnish to City satisfactory evidence of an insurance policy written upon a form and by a company which meets with the approval of City as required by the City’s Encroachment Permit Contract, section “Insurance Requirements for Individuals and Contractors Working in the Public Right-ofWay” on Exhibit “C” attached hereto and incorporated by reference.

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

G. BONDS AND OTHER SECURITY
Prior to Encroachment Permit issuance, or unless otherwise indicated, Owner shall furnish to the City performance guarantees as required in association with the encroachment permit application process. Bonds or other security instruments shall be maintained in full force and effect during the term of this Agreement and may be released, in whole or in part, only upon the written approval of the City Engineer whose actions shall be reasonable and consistent with the provisions of this Agreement. Owner shall provide to City performance security in an amount equal to one hundred percent (100%) of the total estimated cost of all required work to be completed as required in this Agreement. Said performance security shall be in the form of (i) a letter of credit, from a bank insured by FDIC, (ii) a performance bond issued by a surety authorized to conduct business in the State of California, (iii) or cash. All required securities must be in a form approved by City Attorney.

H. MATERIALS AND LABOR
Owner and its contractors and subcontractors shall pay for any materials, provisions and other supplies or items used in, upon, for or about the performance of the work contracted to be done, and for any work or labor thereon of any kind and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, and shall file with the City pursuant to section 3800 of the Labor Code a Certificate of Worker’s Compensation and shall maintain a valid policy of Worker’s Compensation Insurance for the duration of the period of construction or provide under penalty of perjury a satisfactory demonstration of exemption from coverage.

I. EASEMENTS
Owner shall, as may be applicable, grant City an easement for maintenance, repair or reconstruction of any water main or sewer main or other City-operated improvement which is constructed outside a dedicated public street.

J. FAILURE OF PERFORMANCE; ATTORNEY’S FEES
In addition to any other remedies provided in this Agreement or by law, in the event Owner fails to perform one or more of the covenants or conditions of this Agreement, City shall have recourse to the security given to guarantee the performance of such acts. City may do, or cause to be done, those acts required of Owner, and shall have recourse against so much of the security as is necessary to discharge the responsibility of Owner. In the event City seeks recourse against a security, City shall also have recourse against Owner for any and all amounts necessary to complete the obligations of Owner in the event the security is insufficient to pay such amounts.

All administrative costs, including reasonable attorney’s fees pursuant to Gov. Code, § 66499.4 incurred by the City, in addition to the costs of the Improvements, shall be a proper charge against the security and Owner.

In the event it becomes necessary for either party to bring an action with respect to enforcement of the provisions of this Agreement, or the security therefor, the prevailing party in such action shall be awarded reasonable costs and attorney’s fees as may be determined by the Court.

K. TIME OF THE ESSENCE
Time is of the essence of this Agreement, and the same shall bind and inure to the benefit of the parties hereto, their successors and assigns.

L. SUCCESSORS AND ASSIGNS; COVENANT RUNNING WITH LAND
The duties and obligations of Owner’s performance under this Agreement shall be binding upon the successors and assigns of the Owner. The Agreement shall be recorded in the Official Records of the County of Madera and shall constitute a covenant running with the land and an equitable servitude upon the real property.

M. INTEGRATION; INCORPORATION OF EXHIBITS
This Agreement is an integrated agreement, and includes the documents referenced herein and its Exhibits, which are included herewith and made a part of this Agreement. This Agreement supersedes all prior negotiations, representation, or agreements, whether written or oral.

N. CONDITIONS OF APPROVAL
Owner shall comply with all conditions of approval set forth in SPR 2021-41 approving the Project as adopted on March 8, 2022, by the Planning Department, including the requirements and conditions of the City Engineer, and all specifications or requirements set forth on the plans, all of which are on file with the City Clerk.

O. COMPLIANCE WITH LAW
In performing obligations set forth in this Agreement, Owner shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Owner shall comply with the codes or ordinances of the City including the Madera Municipal Code and Building Codes.

P. PREVAILING WAGES
Owner shall be required to comply with California Labor Code prevailing wage requirements for work required under this Agreement. Owner shall: (i) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of those specific Improvements for which Owner receives credits or reimbursements, if any, and those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a); and (ii) comply with any applicable provisions of California Labor Code Sections 1720 et seq. and implementing regulations of the Department of Industrial Relations. Owner shall or shall cause its contractor and subcontractors to keep and retain such records as are necessary to determine that prevailing wages have been paid as may be required by law. During the construction of the Improvements, if any, Owner shall, or shall cause its contractor to, post at the Subject Property the applicable prevailing rates of per diem wages. As required by Section E of this Agreement, Owner shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the City) City against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Owner, its contractors and subcontractors) to pay prevailing wages as required by law or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and the implementing regulations of the Department of Industrial Relations in connection with construction of any Improvements, if any, that are public improvements.

Q. ENFORCEMENT OF OBLIGATIONS
City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.

R. LIMITATIONS OF LEGAL ACTS
Except as provided by the following subsection entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Owner’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.

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

T. OBLIGATION RUNNING WITH LAND
The duties and obligations of the performance of this Agreement shall burden the Subject Property described and shall constitutes a covenant running with the land in favor of, and for the benefit of, the City, which shall be binding upon the successors, assignees, transferees, and heirs of Owner. Owner consents to the recordation of this Agreement with the Madera County Recorder.

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

V. SUBORDINATION
Owner hereby warrants that any and all parties having record title interest in the Subject Property which may ripen into a fee have subordinated to this Agreement and all such instruments of subordination, if any, are attached hereto and made a part of this Agreement.

W. NO ASSIGNMENT
No assignment of this Agreement or any duty of obligation of performance hereunder shall be made in whole or in part by Owner without the written consent of City. Notwithstanding, Owner may assign all or a portion of Owner’s rights to only the benefit of reimbursement pursuant to this Agreement ("Assignment") as set forth in Section II(ll), below.

X. CAPTIONS
Section, paragraph and other captions or headings contained in this Agreement are inserted as a matter of convenience and for reference, and in no way define, limit, extend or otherwise describe the scope or intent of the Agreement or any provision hereof and shall not affect in any way the meaning or interpretation of this Agreement.

Y. AMBIGUITIES OR UNCERTAINTIES
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist.

Z. SEVERABLE PROVISIONS
The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect.

AA. RELEASE OF CONDITIONS
The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a written release finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such release with the Madera County Recorder.

BB. PIPES AND MONUMENTS
All pipes and monuments shown on the plans or those which are damaged, destroyed or displaced during construction operations shall be replaced by Owner prior to the time of the final inspection of the Improvements hereunder by City.

CC. OWNERSHIP OF IMPROVEMENTS
It is agreed that title and ownership of any public improvements constructed hereunder by Owner shall vest absolutely in City upon completion and acceptance of such Improvements by City.

DD. RELEASE OF BONDS AND SECURITIES
The release of bonds and securities called for herein shall not occur until: (1) the work provided for in this agreement and more specifically described in the plans and specifications herein referred to, is approved and accepted by the City Engineer as part of the encroachment permit process; and (2), work not in conformance with said plans and specifications is removed from the project site to the satisfaction of the City Engineer.

EE. OWNER NOT A CITY AGENT OR EMPLOYEE
It is mutually understood and agreed that neither Owner nor any of Owner’s agents, contractors, or subcontractors are or shall be considered to be agents or employees of the City of Madera in connection with the performance of Owner’s obligations under this Agreement.

FF. REIMBURSEMENTS/FAIR SHARE CONTRIBUTIONS DUE FROM OWNER There are no reimbursements/fair share contributions due from Owner.

GG. REIMBURSEMENTS TO BE PROVIDED TO OWNER
In consideration of Public Improvements constructed through plans approved by City, the City agrees to reimburse the Owner reasonable costs for construction of the following public improvements:

1. Condor Road
i. Sewer Main Construction – The oversized component of approximately 820 linear feet of 12-inch sewer main and 439 linear feet of 10-inch sewer main (difference in cost between 10 & 12-inch pipe and 8-inch pipe) of the construction of this line is considered reimbursable through the City’s Development Impact Fee Program, subject to the availability of funds.
ii. Storm Drain Pipe Construction – Construction of approximately 820 linear feet of 48-inch storm drain pipe and 469 linear feet of 42-inch storm drain pipe plus other street-only related storm drain infrastructure is considered reimbursable through the City’s Development Impact Fee Program, subject to the availability of funds. iii. Street Construction
Project Frontage (Approximately 512 feet) - Based on future ultimate street cross section one northbound lane, one center turn lane and one southbound lane (36-feet total) fronting the project, are eligible for reimbursement through the City’s Impact Fee Program, subject to the availability of funds.

Non-Project Frontage (Approximately 747 feet) - Based on future ultimate street cross section one partial northbound lane (width varies), one full center turn lane (12-feet) and one partial southbound lane (width varies) south of the project site, are eligible for reimbursement through the City’s Impact Fee Program, subject to the availability of funds.

HH. TERMS OF REIMBURSEMENTS TO BE PROVIDED TO OWNER
The following terms shall apply to any and all reimbursements to be provided to Owner. i. City agrees to reimburse Owner the City’s proportionate share of the cost of Public Improvements as determined by the City Engineer at his sole discretion and whose decision shall be final and as set forth below. Any reimbursements shall be from the collection of storm drainage, water main, water well and street impact fees or connection fees as applicable from other developments using said facilities as said fees are collected or a combination thereof. ii. City shall not reimburse any expenses beyond the actual and reasonable cost of installing the improvements. All reimbursements are subject to the conditions precedent that the Owner shall have submitted a financial statement within ninety (90) days of the City’s acceptance of the improvements, showing evidence of: a) list of bidders from whom bids were requested; b) copies of the original contract with contractor(s); c) copies of all invoices, with unconditional lien releases submitted by contractor(s); d) copies of all checks issued by Owner with related invoices indicated, including copies of cancelled checks for payment made (copies of both the front and back of canceled checks; e) a summary tabulation (spreadsheet) of all contractor(s) invoices and Owner’s payments including check numbers; and f) such further documentation as may be reasonably required by the City to evidence completion of the construction and the payment for the construction.
iii. Failure to timely submit evidence shall void the reimbursement agreement as to any items not timely submitted or not supported by such evidence. Any cost to be reimbursed for administration or overhead shall not exceed the usual and customary cost for such expenses in the industry, and in no event shall they exceed fifteen percent (15%). Such cost shall be determined in the sole discretion of the City Engineer.
iv. City does not guarantee reimbursement, where reimbursements are made from impact fees or connection fees as those fees are collected. The City shall have no responsibility for the delivery of the funds collected hereunder to Owner and only agrees to hold said funds collected and to make payment as directed by Owner upon contact by City. City will contact Owner within ninety (90) days of collection of funds at the address as specified in this agreement or as may thereafter be provided in writing to the City Clerk of the City.

City shall have no obligation to locate or determine the true address of Owner other than the addresses provided under this Agreement.

If no contact has been made at the address provided under this Agreement, City shall hold such funds collected hereunder for a period of one (1) year. Undistributed funds shall then be paid into the appropriate Impact or Connection Fee fund and all responsibilities and liabilities of City shall terminate. City cannot and does not pledge itself in advance that such charges will be collected or that they are valid or that there will be proceeds for reimbursement, but only that pursuant to this agreement City will, as a condition precedent to the issuance of permits for the development of such properties, levy such charges. Owner acknowledges that impact fees may be used to reimburse other developers based on a first in time payment process and additionally, may be pledged for the payment or repayment of other improvements to be constructed by or for City in advance of reimbursement to Owner. In no event shall reimbursement exceed the Subdivider’s cost of construction as adjusted by the Engineering News Record Construction Cost Index (CCI) as determined by the City Engineer based upon duly verified records submitted to the city within 90 days from the completion of such facilities and approved by the City Engineer. For the purpose of determining the adjustment in the CCI, the time begins upon acceptance of improvements by City Council after execution of the Agreement.

II. ASSIGNABILITY OF AGREEMENT
Owner may assign all or a portion of Owner’s rights as to only the benefit of reimbursement pursuant to this Agreement. Any Assignment shall not be effective unless and until Owner and the purchaser or assignee (“Assignee”) have executed an assignment agreement substantially in the form attached hereto as Exhibit “A.” Upon receipt of said agreement, the City shall acknowledge the same, and Owner shall no longer be entitled to reimbursement as to all or a portion of the benefit of reimbursement subject to the Assignment.

JJ. VENUE
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

KK. ACKNOWLEDGEMENT OF CONTENT
Each Party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both City and Owner.

ARTICLE II. CONSTRUCTION REQUIREMENTS

A. STANDARD SPECIFICATIONS
All of the work and improvements and materials required under this Agreement shall be performed, installed and provided in strict accordance with the City of Madera Standard Specifications incorporated herein by this reference, as though set forth in full. All of said work and improvements shall also comply with the requirements of the Madera Municipal Code. In case there are not any Standard specifications of the City for any said work, it is agreed that the same shall be done and performed in accordance with the standards and specifications of the State of California, Department of Transportation. All of said work and improvements and materials shall be done, performed and installed under the supervision of the City Engineer, under whose direction the work shall be inspected as it progresses.

Any work required under this Agreement shall also be performed, installed and provided in accordance with the standards of the State Water Resources Control Board, State Regional Water Quality Control Board, San Joaquin Unified Air Pollution Control District and those of other agencies identified in the Tentative Map Conditions of Approval insofar as they apply.

Until final acceptance of the Improvements, Owner shall give prominent and adequate warning to the public of each and every dangerous condition that may exist in the Subdivision and shall take all reasonable actions to protect the public from any such dangerous condition.

B. SCOPE OF IMPROVEMENTS
The work and Improvements, including those depicted or required on the plans for the Project, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signals, etc., as well as those required by Conditions of Approval (herein collectively referred to as “Improvements”) are incorporated by reference and made a part of this Agreement.

C. APPROVED PLANS
Notwithstanding the fact that Owner’s plans and specifications have been approved by the City, and that completion of the work and other acts are subject to approval of the City, it is understood and agreed that any approval by the City hereof shall in no way relieve Owner of satisfactorily performing said work or its obligations hereunder.

Owner agrees to perform and construct all work and improvements shown on the approved plans on file in the office of the City Engineer. Owner acknowledges and agrees it shall the City has the right to modify plans and specifications as deemed reasonably necessary.

D. SCHEDULE
Owner shall perform the work and improvements hereinafter specified to the satisfaction of the City Engineer. Owner understands and agrees that the following schedule of work is intended to provide a guideline as to diligent prosecution of the work under this Agreement.

The Owner agrees to complete the improvements within six months from the issuance of an encroachment permit and prior to occupancy being granted for the associated on-site improvements and structures unless Owner requests an extension to the encroachment permit.

E. COMPACTION AND MATERIALS TESTING
Compaction and soil tests shall be paid for by Owner and Owner shall contract with the soils lab directly. Street and utility trench tests shall be taken in varying locations, depths, and frequencies as required and directed by the City Engineer. Compaction shall meet all City requirements.

F. CODES AND PERMITS
Owner shall comply with Street, Plumbing, Building, Electrical and Zoning Codes and any other Codes of the City and Owner shall secure an Encroachment Permit from City and the necessary insurance policies required under said permit before working on any City right-of-way or property.

Owner shall install all street improvements in accordance with City of Madera Standard Specifications, applicable sections of the State Standard Specifications, and the construction plans.

G. COORDINATION OF CONTRACTORS
It shall be the responsibility of Owner to coordinate all work done by its contractors and subcontractors, such as scheduling the sequence of operations and the determination of liability if one operation delays another. In no case shall representatives of City be placed in the position of making decisions that are the responsibility of Owner. It shall further be the responsibility of Owner to give the Engineer written notice not less than two (2) working days in advance of the actual date on which work is to be started. Failure on the part of Owner to notify the City Engineer may cause delay for which Owner shall be solely responsible.

H. INSPECTION
Whenever Owner varies the period during which work is carried on each day, Owner shall give due notice to the City Engineer so that proper inspection may be provided. Any work done in the absence of the City Engineer will be subject to rejection. The inspection of the work shall not relieve Owner of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made good and unsuitable materials will be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City Engineer or Inspector and accepted.

I. REPAIR OF DAMAGED IMPROVEMENTS
Any damage to the water or sewer systems, concrete work or street paving, or other facilities and improvements constructed in connection with the Agreement that occurs after installation and prior to Final Acceptance shall be repaired to the satisfaction of the City Engineer by Owner before release of bond or final acceptance of completed work and prior to occupancy being granted. City may, at its sole option, perform such repair or replacement if Owner has failed to commence such repair within 20 days after City has mailed written notice of the need for repairs or replacement to Owner and to Owner’s surety. In such event, Owner agrees to pay the cost of such repair and replacement by City, and City may at its option recover such cost as a lien against the Subdivision or the lands therein.

If City determines that public safety requires repairs or replacements to be made before Owner or surety can be notified, City may complete such repairs or replacements and recover the costs thereof as provided above.

J. DUST CONTROL
Adequate dust and mud control shall be maintained by Owner on all streets within and without the subdivision until the paving of the streets is completed. “Adequate dust control” as used herein shall mean the sprinkling of the streets with water with sufficient frequency to prevent the scattering of dust by wind or the activity of vehicles and equipment onto any street area or private property adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control is not being maintained on any street or streets as required by this paragraph, the City Engineer shall give notice to Owner to comply with the provision of the paragraph forthwith. Such notice may be personally served upon Owner or, if Owner is not an individual, upon any person who has signed this Agreement on behalf of Owner or a superintendent or foreman of Owner’s or Owner’s subcontractor at the subdivision or, at the election of the Engineer, such notice may be mailed to Owner at his address on file with the City Engineer. If within 24 hours after such personal service of such notice or within 48 hours after the mailing thereof as herein provided, Owner shall not have commenced to maintain adequate dust control or shall at any time thereafter fail to maintain adequate dust control, the City Engineer may, without further notice of any kind, cause any such street or streets to be sprinkled, as he may deem advisable to eliminate the scattering of dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and City may deduct the cost thereof from any deposits which the Owner has placed with the City. When the surfacing on any existing street is disturbed, this surfacing shall be replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the roadway shall be maintained in a safe and passable condition at all times between the commencement and final completion, and adequate dust control shall be maintained during these operations.

K. STREET SURFACING AND UNDERGROUNDING OF UTILITIES
Owner agrees all existing overhead utilities within the boundaries of this project, and on adjacent streets and/or alleys to the centerlines thereof shall be relocated into underground installations except for transformers consistent with the Construction Plans for Origo Cold Madera Phase I (Site Plan Review No. 2021-41). All new utilities shall be undergrounded, and all work shall be completed before installation of street surfacing, if any.

L. STREET SWEEPING
Owner shall pay for sweeping of public streets necessary to stay in compliance with dust control requirement of this Agreement. City may provide such street sweeping services at its sole discretion and convenience. Owner shall keep streets and gutters free of any mud, debris or materials. If Owner fails to maintain streets in such condition which allows sweeping, City may remove any debris and bill Owner for such expenses.

M. WARRANTY
Owner warrants that construction will not adversely affect any portion of adjacent properties.

N. PRECONSTRUCTION MEETING
Owner agrees to meet with the City at a preconstruction meeting upon request of the City.

Subcontractors for public improvements shall be required to attend. Failure to do so may result in a stoppage of work until a preconstruction meeting is held.

O. BUILDING MATERIALS RECYCLING
Owner agrees to participate in any building materials recycling program as directed by the City. Participation shall also be required by all sub-contractors for both public improvements and home construction, to fullest extent possible.

ARTICLE III. SPECIAL PROVISIONS

A. SUCCESSORS IN INTEREST: Successors in interest to any portion of the Subject Property shall comply with all terms and conditions of this Agreement. In particular, they shall provide all required insurance, bonds, and security to the City for that portion of any remaining Improvements which may yet to be completed at the time of transfer. Said insurance, bonds, and security must be provided to the City within 30 days of obtaining a fee interest in a portion of the Subject Property.

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF MADERA:

By: ______________________
Santos Garcia, Mayor
APPROVED AS TO FORM:

By: ______________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: _____________________
Alicia Gonzales, City Clerk
APPROVED:

By: _____________________
Keith Helmuth, P.E., City Engineer
OWNER:

Origo Cold Madera Phase I LLC
By: ____________________________

NOTARY ACKNOWLEDGEMENT

REQUIRED
EXHIBIT “A”
Legal Description
For APN/Parcel ID(s): 013-200-004-000 and 013-200-005-000 ______________________________________________________________

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

PARCEL 1: APN 013-200-004
A PORTION OF NORTH 511 .36 FEET OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 11 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF

MADERA, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF LYING WESTERLY OF THE WESTERLY LINE OF STATE HIGHWAY. EXCEPTING THEREFROM THE WEST 1277.82 FEET OF THE NORTH 511.36 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 10.

ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 1, 1971, IN BOOK 1107, PAGE 419, MADERA COUNTY RECORDS.

PARCEL 2: APN 013-200-005
THE WEST 1277.82 FEET OF THE NORTH 511.36 FEET OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 11 SOUTH, RANGE 17 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF MADERA, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXHIBIT “B”
Development Impact Fees
Impact Fee Category SFD MFD Commercial Industrial
Fee Fee Fee (sq.ft.) Fee (sq.ft .. )
Administrati\'e imoact fee 93.72 56.67 0.024 o/a
Fire deprutweut impact fees 336.75 247.38 0.036 0.0240
Ge.ne.ral gove-11llll.ellt ;mn:1ict fees 231.04 168.92 0.012 o/a Police deparnnenl impact fee 541.63 398.87 0.072 0.0599 Parks N>n:1irtment ,n"ln:1c.t tee 1,6YL.Y/ 1,94).19 nla nla Public Works impact fee 323.67 99.17 0.133 0.0970
Sewer additional obl. imnac.t fee - northwest 185.27 134.05 0.048 Ill Sewer additional obl. irupac.t fee - northeast 992.81 724.72 0.169 (I l Sewer additional obl. imnac.t fee - southt1/est 569.97 381.43 0.193 Ill Sewer additional obl. irupac.t fee - southeast 1,495.21 1,093.07 0.278 (I l Sewer additional obi. Hlmac.t fee - SCCC 888.19 625.55 0.181 Ill Sewer additional obl. irupac.t fee - exist. area 135.14 93.72 0.024 (I l Stenn drain ;n=•ct fee - northwest 2,028.12 1,044.03 1.330 0.5558 Stenn drain ;n=•ct fee - northeast 3,099.39 1,453.79 1.210 0.5558 Stonu drain imn'l. ct fee - southt\rest 1,250.00 559.07 1.188 0.5558 Stonu drain imn'l. ct fee - southeast 3,472.10 1,394.94 1.090 0.5558 Stonu drain impact fee - existing service area 1,132.30 545.99 0.632 0.5558 Stenn drain ;n=•ct fee - SCCC o/a o/a o/a o/a
Sewer exist. obl impact fee - northwest 272.45 272.45 0.036 $272/unit [I] Sewer exist. obi. imoact fee - no,theas.t 272.45 272.45 0.036 $272/unit I 11 Sewer exist. obi. impact fee - southwest 272.45 272.45 0.036 $272/unit [I] Sewer exist. obl in"ln:1ct fee - southeast 716.00 716.00 0.085 $716/unit Ill Sewer exist. obi. impact fee - SCCC o/a o/a o/a o/a
Streets 16 ft. ruterial street median island 387.97 237.58 0.142 o/a Streets 24 ft c-01lec.tor street lane 697.47 428.29 0.251 o/a Streets 12 ft. ruterial street Jane 697.47 428.29 0.251 o/a Tl all$},'Ul lalivu fa1.-ilily Ul'lJ•u.:-1 ft"t: - C..'.ily wiO<' 951.40 584.13 0.254 0.3869 Traffic signals 235.40 144.94 0.087 o/a
Water ;mn:1ict fees - oioes 283.33 151.48 0.133 o/a
Wastet\r·ater treatment plan imoac.t fee 1,314.30 923.06 0.763 1.5148 Water ;,,m., ct fees - Wells 562.34 300.78 0.072 121
Iudustrinl. Fee Notes
[1 J Westbeny Blvd/Ellis Street interceptor to be based 011 a dwelling 1111/t equivalency at $272 per unit.

Road 28 interceptor to be based on a dwelling unit equivalency at $716 per unit. [2] A minimum of $413 or the amount detennined by the City Engineer by multiplying $413 for water supply by either (1) tlte proposed users estimated daily use in gallons per day divided by 1050, or (2) the estimated number qfemployees divided by 6, whichever is f!l'e-'1fer.

EXHIBIT “C”
Insurance Requirements
(Sheet 1 of 2)
Insurance Requirements for Individuals and Contractors
Working in the Public Right-of-Way
For t he purposes of t his document~ any individual or contractor seeking a permit to work in the public right-of-way will be referred to as "Contractor." Contractor shall procure and maintain for the duration of the project insurance against claims for injuries to persons or damages to property which may arise from or in connection with the pe rformance of t he work identified in the applicable encroachment permit and the results of t hat work by the Contractor, his agents, re presentatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
• $1,000,000 General Liability (including o perations, products and complet ed operat ions) per occurrence for bodity injury, personal injury, and property damage at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 00 01) .
•
• $1,000,000 Aut omobile Liability per accident for bodity injury or property damage at lease as broad as ISO Form CA 00 01 covering Aut omobile Liability, code 1 (any auto) . •
• Worker's Compensation as required by t he St ate of california.

If Contractor maint ains higher limits than the minimums required above, t he City shall be entitled to coverage at t he higher limits maintained by Contracto r.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared t o and approved by the City.

Other Insurance Provisions
The general liability policy is to contain, or be endorsed t o cont ain, t he following provisions:
• The City of M adera, its officers, officials, employees, and volunteers are to be covered as insureds wit h respect to liability arising out of automobiles owned, leased, hired or borrow ed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of t he Contractor including materials, parts or equipment furnished in connection with such work or operations. General Liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37, or their equivalents.
• For any claims related t o this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers.

Any insurance or self-insurance m aintained by the City, its officers, officials, employees, or volunt eers shall be excess of the Contractor"s insurance and shall not contribute wit h it.

EXHIBIT “C”
Insurance Requirements
(Sheet 2 of 2)
• Each insurance policy required by t hi.s clause shall be endorsed o sta e that covera ge shall no be canceled by eit her party, except after thirty (30) days' prior vr" en notice by certified mail, return receipt reque.sted, ha.s been given to the City. • Coverage shall not extend to any indemnity coverage for he act· e negligence of e additional insured in any case where an agree ent o indemnify the additional insured would be invalid under Subdi ·sion (b) of Section 2782 of the Civil Code.

Waiver of Subrogation
Contractor hereby agrees to w aive subrogat ion •1hich any in.surer of contractor may acquire from contractor by ·rtue of the paymen of any loss. Contractor agrees o obtain any endorsemen that may be necessary o effect t his waiver of subrogat ion.

The •1orkers' compensation policy shall be endorsed o contain a waiver of subrogat ion in favor of t he City for all work performed by the contractor, its agents, employee.s, independent con ra ctors, and subcontractors.

Acceptability of Insurers
Insurance is to be placed wit h California admitted insurers •{ h a current A Best's ra ·ng of no less t han A: VII, unless other.• ·se acceptable o t he City.

Verification of Coverage
Contractor shall furnish he City w it h copies of original certi cates and endorsements, including amendatory endorsements, effecting coverage required by t his clause. I certificat es and endorsements are o be received and approved by t he City before •,oric com ences; however, failure o do so shall not operat e as a wai er of these insurance requirements. The City re.serves the righ o require comple e, certifi ed copies of all required insurance policies, including endorsements effecting the coverage required by hese specifica ·ons at any t ime.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certifica es and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of t he requirements sta ed herein.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ____________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

State General Fund Grant for $5 Million for Avenue 13 Sewer Trunk Main Rehabilitation Project RECOMMENDATION:

Adopt a Resolution Designating the City Engineer as the Authorized Representative for the Avenue 13 Sewer Trunk Main Rehabilitation Project, City Project SS-00014 SUMMARY:

Senator Caballero (Senator) successfully secured $5 million in funding in the 2022 State Budget for the Avenue 13 Sewer Trunk Main Rehabilitation Project (Project). The funds are disbursed through the State Water Board’s Division of Assistance. Recipients must execute an authorizing resolution to be eligible to receive the funds.

DISCUSSION:

All sewage produced in the City, and portions of the County, both grey and black water, flows to the Wastewater Treatment Plant, which processes 6 million gallons of raw sewage per day. Many pipes that convey wastewater from City homes and businesses to the Wastewater Treatment Plant have reached or exceeded their expected useful life. Unfortunately, the age of the system places a significant burden, exacerbated by the pandemic, on ratepayers to cover the costs associated with a system-wide upgrade.

The Avenue 13 Sewer Trunk Main, which is 50 years old, is the only sewer interceptor pipeline delivering wastewater from the City to the wastewater treatment plant. Unfortunately, an inspection uncovered a horrific timeline regarding its inevitable failure. The assessmentidentified extensive corrosion along five miles of the pipeline that must be addressed.

The City of Madera requested the Senator consider funding for the Avenue 13 Sewer Trunk Main Project in February of this year. In June, the project was included in the State Budget proposal B-8
for the requested $5 million. The Governor signed AB 179 amending the State Budget Act of 2022 on September 6, 2022, confirming the State General Fund Grant for the Project. Engineering Division staff has been in communication with the State Water Resources Control Board for the particulars necessary to receive the funds, one of which is the authorizing resolution designating the authorized representative to complete the items outlined in the resolution.

The City’s consultant, MKN & Associates, Inc., recently completed the Preliminary Engineering Report summarizing the evaluation of the trunk main and recommended improvements. They are now developing the project plans for all phases with the intent to bid out Phase 1 as soon as possible.

FINANCIAL IMPACT:

The State General Fund Grant will offset sewer capital funds generated from ratepayers needed for this project. There will be no impact on the City’s General Fund.

ALTERNATIVES:

City Council may choose to designate an alternative authorized representative. Council could decide not to accept the funding and deny the resolution.

ATTACHMENTS:

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

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

DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THE AVENUE 13 SEWER TRUNK MAIN REHABILITATION PROJECT WHEREAS, on September 6, 2022, the Governor approved AB 179 amending the State Budget Act of 2022; and
WHEREAS, AB 179 included funding for the Avenue 13 Sewer Trunk Main Rehabilitation Project in the amount of $5 million; and
WHEREAS, the funds will be disbursed through the State Water Board’s Division of Financial Assistance (DFA);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The City Engineer (the “Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City of Madera, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Avenue 13 Sewer Trunk Main Rehabilitation Project (the “Project”).

3. This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

4. The Authorized Representative, or his/her designee, is designated to represent the City of Madera in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 1 to the Professional Services Agreement Between the City and Rincon Consultants, Inc.

RECOMMENDATION:

Adopt a Resolution Approving Amendment No. 1 to the Professional Services Agreement between the City and Rincon Consultants, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $53,884
SUMMARY:

On April 21, 2021, the Council adopted Resolution No. 21-55 approving an agreement between the City and Rincon Consultants, Inc. for professional planning and environmental review services (and rescinding Resolution No. 20-45). Resolution No. 21-55 included a not-to-exceed compensation of $50,000 for purposes of the Professional Services Agreement with Rincon Consultants, Inc.

The Planning Department requests the Council approve an amendment to the Professional Services Agreement with Rincon Consultants, Inc., to increase the not-to-exceed compensation to $53,884.

DISCUSSION:

The City received an invoice from Rincon Consultants, Inc. for services performed between May 1, 2022 and July 31, 2022. While these services were authorized for purposes of project management, general consultation and professional services pertaining to two projects within the City, it was later discovered that these services exceeded the not-to-exceed compensation limit of $50,000 in an amount of $3,884. Therefore, staff requests the Council approve proposed Amendment No. 1 to the Professional Services Agreement with Rincon Consultants, Inc., to B-9
increase the not-to-exceed compensation to $53,884 to obtain authorization to compensate Rincon Consultants, Inc. for services already performed. It is the desire of staff, regardless of error, to ensure that all contracted services partners are made whole for services authorized and performed as well as for resources expended.

FINANCIAL IMPACT:

No new appropriation is necessary. On October 19, 2022, the Planning Department presented the Council with a request to appropriate funds in the amount of $237,563.23 from the General Fund for purposes of the Planning Department Personnel Support Contracted Services Account.

This request for appropriation of funds anticipated and included the additional monies ($3,884) required for the proposed amended contract with Rincon Consultants, Inc. The Council approved the request for appropriation of funds through passage of Resolution No. 22-179. Therefore, necessary funds for the proposed Amendment No. 1 to the Professional Services Agreement with Rincon Consultants, Inc. are available in the FY 2022/23 Planning Department approved budget.

ALTERNATIVES:

Should the Council not take action on the proposed amendment to the Professional Services Agreement with Rincon Consultants, Inc., the City will not be able to compensate Rincon Consultants, Inc. for services already performed.

ATTACHMENTS:

1. Resolution Approving Amendment No. 1 to the Professional Services Agreement between the City of Madera and Rincon Consultants, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to $53,884.

2. Amendment No 1 to the Professional Services Agreement between the City of Madera and Rincon Consultants, Inc.

ATTACHMENT 1
Resolution Approving Amendment No. 1 to the Professional Services Agreement between the City of Madera and Rincon Consultants, Inc. to Increase the Total Compensation for Services Allowable Under the Agreement from $50,000 to
$53,884.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCILOF THE CITY OF MADERA APPROVING AMENDMENT NO. 1 TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND RINCON CONSULTANTS, 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, Rincon Consultants, 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. 21-55 approving the City to enter into an agreement with Rincon Consultants, 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 authorize additional planning and environmental services; and
WHEREAS, the City has prepared an amendment to the to the Consultant Services Agreement between the City of Madera and Rincon Consultants, 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 $3,884 to a total not-to-exceed compensation of $53,884; and WHEREAS, source funds for the amendment to the Professional Services Agreement are available in the approved Planning 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-toexceed $53,884 for compensation for Professional Planning and Environmental Review Services performed by Rincon Consultants, 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 Rincon Consultants, Inc. to increase the not-to-exceed compensation fee by $3,884, to a total not-to-exceed compensation of $53,884, 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 Professional Services Agreement
between the City of Madera and Rincon Consultants, Inc.

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

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

R E C I T A L S
WHEREAS, on April 14, 2021, City and the Firm entered into an Agreement for professional planning services; and
WHEREAS, City Council Resolution No. 21-55 approving the City to enter into an agreement with Rincon Consultants, Inc. for the purpose of providing professional planning and environmental services including a not-to-exceed compensation of $50,000; and WHEREAS, during the performance of the Agreement, the Parties have determined that additional planning and environmental review services 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

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

SECTION 1. Section 4 of the Agreement titled “Compensation” provides the City shall compensate Firm for professional services at the appropriate rate indicated in the Rincon Standard Fee Schedule for Environmental Sciences and Planning Services for consulting 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 Sections 2 of the Agreement titled “Services” and Section 3 of the Agreement titled “Obligations, duties and responsibilities of Firm” in accordance with the Scope of Services identified in “Exhibit A” of the Agreement, shall be increased $3,884 for a total not-to -exceed fee of $53,884.

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: _______________________________
RINCON CONSULTANTS, INC.

By: _________________________________
Richard Daulton, MURP
Principal/Vice President
Date: _______________________________
APPROVED AS TO FORM:

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of December 7, 2022
Agenda Number: ___________
_________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Purchasing Agent Agreement with the County of Madera Relating to the CalFresh Healthy Living Program
RECOMMENDATION:

1. Adopt a Resolution Approving a Purchasing Agent Agreement with the County of Madera in the amount of $23,604 relating to CalFresh Healthy Living Program; and

2. Adopt a Resolution Amending the City’s Fiscal Year 2022/23 Budget approving a related expenditure line item relating to CalFresh Healthy Living Program.

SUMMARY:

The County of Madera (County) Department of Public Health approached the City proposing a partnership to organize and promote life skills of healthy eating and active living through healthy cooking and gardening classes related to their CalFresh Healthy Living Program. In short, the County will provide the City with up to $23,604 reimbursement for the purchase of supplies and staff time efforts for programming. City staff will partner with the County to organize a social media campaign, including monthly activity plans, monthly challenges with prizes, and activity plan dispersals for elementary, middle, and high school students and families.

DISCUSSION:

The CalFresh Healthy Living Program is the country's most extensive nutrition education program. It strives to improve the health of Californians through access to healthy food choices and safe places to be active. To assist the County with the implementation of its goals under the CalFresh Healthy Living Program, City staff developed a work plan for providing community residents with opportunities that focus on healthy eating and being physically active (Exhibit “B” B-10
to the Agreement). These activities will take place through the first three quarters of 2023. This programming includes:
 Monthly activity calendars posted via social media
 Monthly Program Calendars
 Monthly Activity Plans for “Whip it up” Wednesdays class  Monthly Activity Plans for “Garden with Me” class
 Monthly Activity Plans for “Toddler Time” class
 Monthly challenges with prizes
Classes that will be offered include:
 “Whip it up” Wednesdays (for elementary to high school) - a cooking class aimed at teaching youth basic cooking essentials and how to make cooking healthy.  Garden with me (for elementary to high school aged) – a gardening class aimed at teaching youth how to plant and nurture fruits, vegetables, and herbs through gardening tips and tricks. Also, ways they incorporate produce to make healthy recipes that are also delicious.
 Toddler Time (for ages 2-5 with parent/guardian participation) - The youth and their parent/guardian will have the opportunity to learn the skills taught in the gardening and cooking classes, just on a more age-appropriate scale. The parent/guardian will have the opportunity to learn more about nutrition and ways of eating healthy.

Each class will have a monthly raffle. Should someone attend at least one class a month, they are eligible for the raffle. The more classes they attend, the more entries they will receive for that month.

Additionally, the County and City staff will engage in a joint social media campaign, highlighting physical activity opportunities available in the City and County, sharing nutritional information like healthy cooking recipes and encouraging healthy living.

FINANCIAL IMPACT:

The total budget for the activities described in the work plan is $23,603.95. This includes supplies for the activity plans; incentive prizes; and staff time for activity plan assembly, dispersal, and social media campaign oversight. The County will reimburse the City for up to $23,604 of these expenses. This will provide relief to the General Fund of approximately $10,394 for the full-time and part-time salaries adopted in the FY 2022/23 City Budget, as well as $8,374 in supplies once reimbursement is received.

Because this Agreement spans two fiscal years, some expenses will occur in the current year, while others will happen in FY 2023/24. Table 1 provides a summary.

Table 1: Purchasing Agent Agreement Budget
Description FY 2022/23 FY 2023/24
County Reimbursement ($18,769.30) ($4,834.65)
Supplies $8,374.60 $3,000.00
Salaries and Benefits $10,394.70 $1,834.65
Total net cost $0.00 $0.00
A budget amendment is proposed to recognize the corresponding expenditures of $8,374.60.

The anticipated revenue, salary, and benefit costs have already been included in the adopted FY 2022/23 Budget; payment received will reduce the General Fund contribution towards this expense. Revenues and expenditures for FY 2023/24 will be included in the proposed budget for the next fiscal year.

ALTERNATIVES:

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

2. Council may elect not to enter into the Purchasing Agent Agreement with the County, thus forfeiting a partnership with the County under the CalFresh Healthy Living Program.

ATTACHMENTS:

1. Resolution – Approving Agreement
a. Exhibit 1 – Purchasing Agent Agreement
i. Exhibit A – Subcontract Work Plan
ii. Exhibit B – Budget

2. Resolution – Budget Amendment
i. Exhibit A – Budget Amendment
ATTACHMENT 1:

1. Resolution – Approving Agreement
a. Exhibit 1 – Purchasing Agent Agreement
i. Exhibit A – Subcontract Work Plan
ii. Exhibit B – Budget
RESOLUTION NO. 22 - __________

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

CALIFORNIA APPROVING A PURCHASING AGENT AGREEMENT WITH THE COUNTY OF MADERA IN THE AMOUNT OF $23,604.00 RELATING TO

CALFRESH HEALTHY LIVING PROGRAM
WHEREAS, the City of Madera provides life skills of healthy eating and active living through healthy cooking and gardening classes and outreach services within the community to promote healthier lifestyle choices; and
WHEREAS, the County of Madera (County) Department of Public Health wishes to collaborate to promote physical activity and nutrition support to the community by supporting the CalFresh Healthy Living Program; and
WHEREAS, the County wishes to partner with the City to provide these services to residents; and
WHEREAS, the County has prepared a Purchasing Agent Agreement, which will provide the City $23,604 for the period of October 3, 2022, through September 30, 2023; and WHEREAS, the Purchasing Agent Agreement is in the best interests of the City, the County, and the citizens of Madera.

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

1. The above recitals are true and correct.

2. The City Council approves the Purchasing Agent Agreement with the County of Madera (Cal Fresh Healthy Living Program: City-County Agreement) for healthy cooking and gardening classes which is attached hereto as Exhibit 1 and incorporated by reference.

3. This Resolution is effective immediately upon adoption. *****
MADERA COUNTY PURCHASING AGENT AGREEMENT NO. _________________ (Public Health Department: City of Madera, Parks & Community Services) THIS AGREEMENT is made and entered into this ______ day of ______________, 2022, by and between the COUNTY OF MADERA, a political subdivision of the State of California (hereinafter, referred to as “COUNTY”), by and through the Madera County Purchasing Agent, and CITY OF MADERA, a political subdivision of the State of California (hereinafter,’s referred to as “CONTRACTOR”).

AGREEMENT

1. TERM. CONTRACTOR’S services under this Agreement shall commence on October 3, 2022 and end on September 30, 2023, unless sooner terminated.

2. SCOPE OF SERVICES. CONTRACTOR shall provide COUNTY residents life skills of health eating and active living through healthy cooking and gardening classes, as fully described in Exhibit “A,” attached hereto and incorporated herein by reference.

3. INCORPORATION OF MASTER AGREEMENT. Madera County Master Contract No. 009, found at: https://www.maderacounty.com/i-want-to/view-countymaster-contracts, is incorporated herein by reference as if fully stated. CONTRACTOR shall adhere to all general terms and conditions of Master Contract No. 009.

4. COMPENSATION AND COSTS. CONTRACTOR’s total compensation for the satisfactory completion of this Agreement shall not exceed the sum of Twenty-Three Thousand Six Hundred Four Dollars ($23,604.00) and shall be paid in accordance with the rates set forth in Exhibit “B,” attached hereto and incorporated herein by reference.

5. COUNTY RESPONSIBILITIES. COUNTY shall inform COUNTY residents about services provided by CONTRACTOR; orient new COUNTY staff about CONTRACTOR’s core practices and services related to physical activity and nutrition; _________________________________________________________________________________________________________

inform COUNTY staff about relevant changes related to physical activity and nutrition in COUNTRACT’s policies, procedures, and eligibility; and provide technical assistance and monitoring on CONTRACTOR’s activities related to this Agreement, as needed.

6. CONTRACTOR RESPONSIBILITIES. CONTRACTOR shall provide information about CONTRACTOR’s core practice and services to COUNTY; inform COUNTY of relevant changes in policies and procedures related to physical activity and nutrition; orient new staff about the benefits of COUNTY services; include information about physical activity and nutrition services and benefits of new CONTRACTOR staff; and complete all activities as listed in Exhibit “A.”

7. MUTUAL RESPONSIBILITIES. COUNTY and CONTRACTOR agree to the following:
a. Each party shall appoint a representative from its respective party to coordinate activities relating to the terms of this Agreement and to facilitate the exchange of information. The representatives will regularly communicate with one another and meet at a minimum of one (1) time during the effective period of this Agreement.
b. Parties shall develop and implement a monitoring component to determine compliance and effectiveness.
c. Parties shall re-assess the needs of one another as related to the updates of this Agreement.
d. Parties shall distribute each other’s outreach materials to the target population.
//
_________________________________________________________________________________________________________

e. Parties shall provide technical assistance to each other’s staff, as needed.
f. Parties shall inform each other of workshops, presentations, etc. that may be of mutual interest.

8. NOTICES. Notices required by this Agreement shall be in writing and shall be effective upon personal service or deposit in the mail, postage prepaid and addressed as follows:

COUNTY
Sara Bosse, Public Health Director
Department of Public Health
1604 Sunrise Avenue
Madera, CA 93638
With Copy to
Darin McCandless
Purchasing Agent
200 West 4th Street
Madera, CA 93637

CONTRACTOR
City of Madera
Parks and Community Services
Department
701 East 5th Street
Madera, CA 93638

9. INSURANCE. CONTRACTOR shall not commence work under this Agreement until first obtaining, at its own expense, the following insurance policies:
commercial general liability in the amount of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate; automobile liability, of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, including coverage for bodily injury and property damage; errors and omissions insurance in an amount not less than One Million Dollars ($1,000,000.00); and workers’ compensation, as required by California law.
//
_________________________________________________________________________________________________________

* * * * * * * * * * *
IN WITNESS WHEREOF the foregoing Agreement is executed on the date and year first above-written.

Approved as to Legal Form:

COUNTY COUNSEL
By: ____________________________
Approved as to Form:

COUNTY ADMINISTRATIVE OFFICER
By: ____________________________
Approved as to Accounting Form:

COUNTY AUDITOR-CONTROLLER
By: ____________________________

ACCOUNT NUMBER(S)
_______________________________
_______________________________

COUNTY OF MADERA
_______________________________
Darin McCandless, Purchasing Agent

CITY OF MADERA
By: ____________________________
(Signature)
_______________________________
(Print Name)
Title: __________________________
J:\wdocs\01245\033\AGT\01007205.DOCX
EXHIBIT “A”

INTEROFFICE MEMO
Parks & Community Services Department
City of Madera
Subcontract Work Plan with Madera County Department of Public Health Scope of Work:

To provide the residents of Madera the opportunity to learn life skills involving healthy eating and active living. Residents will learn these skills through healthy cooking classes and gardening classes. They will learn how to cook healthy nutritious foods, and how to grow the healthy foods they eat.

Deliverables:
• Monthly Program Calendars
• Monthly Activity Plans for "Whip it up" Wednesdays
• Monthly Activity Plans for "Garden with Me"
• Monthly Activity Plans for "Toddler Time"
Products:
• 11Whip it up11 Wednesdays: Pan Am and Youth Center
o Perishable Items- changes depending on the recipe (Pan Am & Youth Center)
o Counter-top Oven (Youth Center only)
o Induction Cook-top (Youth Center only)
o Measuring Cups & Spoons (Pan Am & Youth Center
o Aprons- disposable (Pan Am & Youth Center)
o Gloves- disposable (Pan Am & Youth Center)
o Cooking Utensils (Pan Am & Youth Center)
o Paper bowls
o Pots & Pans (Pan Am & Youth Center)
o Cookbooks
o Paper Plates (Pan Am & Youth Center)
o Kids Safe Knife sets (Pan Am & Youth Center)
o Plastic Spoons, Forks, Knives (Pan Am & Youth Center) Service Integrity Accountability Teamwork
City of Madera
Parks & Community Services
70 l E. 5th Street
Madera, CA 93638
559.661.5495 T
559.675.3827 F www.madera-ca.gov

INTEROFFICE MEMO
Parks & Community Services Department
City of Madera
• Garden with Me: Pan Am and Youth Center
o Peat Pots
o Seed Starter Trays with Lids
o Potting Soil
o Vegetable Seeds
o Fruit Seeds
o Herb Seeds
o Plant Tags
o Disposable Pipettes
o Aprons- disposable
o Gloves- disposable
o Small Plastic Cups
o Gardening Tools
• Toddler Time: Youth Center Only
o Perishable Items- changes depending on the recipe
o Measuring cups and spoons
o Aprons- disposable
o Gloves- disposable
o Cooking utensils
o Paper bowls
o Kids safe knives
o Cookbooks
o Paper plates
o Plastic spoons, forks, & knives
o Peat pots
o Seed starter trays with lids
o Potting soil
o Vegetable seeds
o Fruit seeds
o Herb seeds
o Plant tags
o Small plastic cups
o Gardening tools
Service Integrity Accountability Teamwork
City of Madera
Parks & Community Services
70 l E. 5th Street
Madera, CA 93638
559.661.5495 T
559.675.3827 F www.madera-ca.gov

INTEROFFICE MEMO
Parks & Community Services Department
City of Madera
• Incentives (centered on healthy eating and physical activities):

Goals:
o At the end of each month, all classes will have a drawing for a prize.

To be eligible for the drawing, participants must attend at least one class a month. For each class attended, participants will receive an additional entry into that month's drawing. The more a participant attends, the more opportunities they have to win.
• To provide the youth of Madera (ages 2yrs. to high school) with the knowledge of healthy eating and active living through hands on weekly classes.
• Classes that will be offered are
o "Whip it up" Wednesdays (for elementary to high school aged)- Cooking class aimed at teaching youth basic cooking essentials, and how to make cooking healthy.
o Garden with me (for elementary to high school aged)- Gardening class aimed at teaching youth how to plant and nurture fruits, vegetables, and herbs through gardening tips and tricks. Also, ways they can use produce to make healthy recipes that are also delicious.
o Toddler Time (for ages 2-5 with parent/guardian participation)- The youth and their parent/guardian will have the opportunity to learn all of the same skills that will be taught in the gardening and cooking classes just on a more age-appropriate scale. The parent/guardian will have the opportunity to learn more about nutrition and ways of eating healthy.
• Each class has its own monthly raffle. As long as a resident attends at least one class a month, they are eligible for the raffle. The more classes they attend, the more entries they will receive for that month.

Service Integrity Accountability Teamwork
City of Madera
Parks & Community Services
70 l E. 5th Street
Madera, CA 93638
559.661.5495 T
559.675.3827 F www.madera-ca.gov

INTEROFFICE MEMO
Parks & Community Services Department
City of Madera
Timeline (Tentative Schedule):
• This is a tentative schedule pending approvals of the contract. • October- Start working on monthly classes schedules and itineraries. • November- Start promoting classes via social media, special events, partners, existing programs. Continue working on class schedules and itineraries and start shopping for program.
• December- Classes to begin 12/7. Continue working on class itinerary.

Monthly supply shopping
• January- Monthly supply shopping. Continue working on class itinerary.

Post January class calendars on social media.
• February- Monthly supply shopping. Continue working on class itinerary.

Post February class calendars on social media.
• March- Monthly supply shopping. Continue working on class itinerary. Post March class calendars on social media.
• April- Monthly supply shopping. Continue working on class itinerary. Post April class calendars on social media.
• May- Monthly supply shopping. Continue working on class itinerary. Post May class calendars on social media.
• June- Monthly supply shopping. Continue working on class itinerary. Post June class calendars on social media.
• July- Monthly supply shopping. Continue working on class itinerary. Post July class calendars on social media.
• August- Monthly supply shopping. Post August class calendars on social media.

Service Integrity Accountability Teamwork
City of Madera
Parks & Community Services
70 l E. 5th Street
Madera, CA 93638
559.661.5495 T
559.675.3827 F www.madera-ca.gov
EXHIBIT “B”
City of Madera
Parks & Community Services
701 E. 5th Street
Madera, CA 93638
559.661.5495 T
559.675.3827 F www.madera-ca.gov
Service Integrity Accountability Teamwork

INTEROFFICE MEMO
Parks & Community Services Department
City of Madera
Budget:

Description Subtotal
Whip it up Wednesdays $2,450.25
Garden with Me $1,750.25
Toddler Time $1,674.12
Staff Time- 2 part time staff $5,912.61
Staff Time- Recreation Coordinator $6,316.72
Incentives $5,500.00
$23,603.95
Parks
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ATTACHMENT 2:

2. Resolution – Budget Amendment
a. Exhibit A – Budget Amendment
RESOLUTION NO. 22 - __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2022/23 BUDGET APPROVING

RELATED EXPENDITURE LINE ITEM RELATING TO CALFRESH HEALTHY

LIVING PROGRAM
WHEREAS, the City Council previously adopted a City-wide Budget for 2022/23 Fiscal Year; and
WHEREAS, the County of Madera has prepared a Purchasing Agent Agreement which will provide the City $23,604 for the period of October 3, 2022, through September 30, 2023; and
WHEREAS, amendments to the City-wide Budget for the 2022/23 Fiscal Year, listed in Exhibit A, attached hereto, is necessary to account for related expenditures of $8,735.00.

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

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City's accounting system.

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

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
General Fund / Recreation 10206200 6532 Maintenance/Other Supplies $ 8,375 $ - $ 8,375

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 22-______
Budget Adjustments for Fiscal Year 2022/23
1 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Third Amendment to the City Clerk At-Will Employment Agreement RECOMMENDATION:

This report has been prepared at the direction of the City Council (Council); therefore, there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a Third Amendment to the City Clerk At-Will Employment Agreement and designating the source of funds for the proposed lump sum payments.

Announcement by Mayor - Pursuant to Government Code § 54953 (c) (3), prior to taking action on this item, the Council must publicly announce a summary of the action being considered. If approved, the proposed amendment to the City Clerk’s Employment Agreement will modify the existing agreement as follows:
▪ Effective on her merit anniversary date of August 26, 2022, one merit step due to satisfactory performance to Step D of City of Madera Salary Schedule Range 419 which is $79,911.23 per year
▪ 2% Cost of Living adjustments effective:
▪ 12/31/2022
▪ 6/17/2023
▪ 12/30/2023
▪ 6/15/2024
▪ 12/28/2024
▪ Lump sum payment of $1,500 the first paycheck of July 2023 and July 2024 ▪ Holiday Closure between Christmas Day and New Year’s Day 2022, 2023, and 2024 D-1
SUMMARY:

The Council conducted the City Clerk’s performance evaluation. The results of the evaluation were very positive. The parties wish to amend the Employment Agreement to reflect a merit step increase due to satisfactory performance and provide additional compensation and benefit adjustments offered to other full-time employees, including cost of living adjustments (COLAs), one time payments, and the Holiday Closure.

DISCUSSION:

The City Clerk is a direct report of the City Council and the terms and conditions of her employment are set in an Agreement between the Council and the employee. The current City Clerk’s Agreement was initially negotiated and approved in August 2019 and contained benefits similar to other management employees at that time. Since that time, the Agreement was amended as follows:

First Amendment: October 7, 2020
▪ Extended term from August 2022 to August 2025
▪ Awarded a merit step increase from Step A to Step B for satisfactory job performance effective on her anniversary date of August 26, 2020 Second Amendment: October 20, 2021
▪ Awarded a merit step increase from Step B to Step C for satisfactory job performance effective on her anniversary date of August 26, 2021 ▪ Provided for a one-time lump sum payment of $1,500 to be paid on the October 29, 2021, pay date
The City Clerk’s 2022 performance evaluation was recently completed with positive results.

Based on satisfactory job performance, the City Clerk is eligible for a merit step increase from Step C to Step D on the salary range assigned to the City Clerk position, shown in Table 1 below.

The proposed Third Amendment to the City Clerk’s Agreement provides for award of the merit step increase.

Table 1: City Clerk Salary Steps (annual equivalent)
Range Step A Step B Step C Step D Step E Step F
419 69,026 72,489 76,104 79,911 83,909 88,110
All full time represented employees and unrepresented department heads who report to the City Manager have been offered the below compensation adjustments. Table 2 provides future dated adjustments that have not yet become effective. The proposed Third Amendment would incorporate these compensation and benefit elements into the City Clerk’s Agreement.

Table 2. Future dated compensation items offered to all full-time represented employees and unrepresented department heads
Compensation Item Amount/Percent Effective Date
Holiday Closure - Christmas to New Year’s 2022
COLA 2% 12/31/22
COLA 2% 6/17/23
Lump Sum Payment $1,500 July 2023
Holiday Closure - Christmas to New Year’s 2023
COLA 2% 12/30/23
COLA 2% 6/15/24
Lump Sum Payment $1,500 July 2024
Holiday Closure - Christmas to New Year’s 2024
COLA 2% 12/28/24
FINANCIAL IMPACT:

The proposed Third Amendment will award one merit step increase, which was anticipated in the adopted budget.

The mid-fiscal year COLA was not included in the original adopted budget, but the financial impact that was evaluated in awarding the COLA to all full time represented employees and atwill department heads included the maximum exposure should the COLA be applied to all budgeted full-time positions, including Council’s direct reports. Specific to the City Clerk, a two percent (2%) COLA for Fiscal Year 2022-23 effectuated mid-year will represent approximately $800 in additional base pay.

The City will designate and classify reserves from the general fund unassigned fund balance into the assigned classification for the one-time lump sum payments, consisting with funding of similar lump sum payments for full time represented employees and at-will department heads.

ALTERNATIVES:

If the Council does not take action on the resolution, the existing agreement terms will continue.

Council may also determine to conduct further negotiations on the Employment Agreement.

ATTACHMENTS:

1. Resolution approving Third Amendment to the City Clerk At-Will Employment Agreement and designating the source of funds for the lump sum payments. a. Exhibit A: Third Amendment to City Clerk At-Will Employment Agreement.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING A

THIRD AMENDMENT TO THE CITY CLERK AT-WILL EMPLOYMENT AGREEMENT

AND DESIGNATING THE SOURCE OF FUNDS FOR A THE LUMP SUM PAYMENTS WHEREAS, the City of Madera and Alicia Gonzales entered a three year City Clerk At-Will Employment Agreement (“Agreement”) effective August 26, 2019, and amended October 7, 2020, and October 20, 2021; and
WHEREAS, the City Council has conducted a performance evaluation of the City Clerk and is pleased with her performance; and
WHEREAS, the City Council and City Clerk desire to amend the Agreement to award a merit increase and provide for additional compensation and benefit items consistent with other full time City employees.

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

1. The above recitals are true and correct.

2. The City Council approves the Third Amendment to City Clerk At-Will Employment Agreement attached hereto as Exhibit A and incorporated by reference.

3. The Director of Financial Services is directed to designate and classify reserves from the general fund unassigned fund balance into the assigned classification for the $1,500 lump sum payments.

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

THIRD AMENDMENT TO CITY CLERK AT-WILL EMPLOYMENT AGREEMENT This Third Amendment to City Clerk At-Will Employment Agreement (“Third Amendment”) is entered into by and between the City of Madera, California, a municipal corporation (hereinafter referred to as "Employer" or “City”), and Alicia Gonzales (hereinafter referred to as "Employee"), both of whom agree and understand as follows:

RECITALS
A. City and Employee entered into an At-Will Employment Agreement (“Agreement”) effective August 26, 2019 and amended October 7, 2020, and October 20, 2021.

B. The City Council has conducted a performance evaluation of Employee and Employee’s performance is satisfactory.

C. The City and Employee desire to modify the agreement to memorialize a merit step increase and provide additional compensation and benefit adjustments.

AGREEMENT
In consideration of the mutual covenants herein contained, the parties agree as follows:

SECTION 1. Section 5 of the Agreement titled “Salary” is amended by adding the following paragraphs after the five paragraphs under said Section 5:

Effective August 26, 2022, Employer agrees to increase the Employee’s base salary one merit step to $3,073.51 bi-weekly, which is Step D as set forth in City of Madera Salary Schedule Range 419, payable in installments at the same time as the majority of the Employer’s employees.

Cost of Living Adjustments will be made to base salary as follows:
 Effective the pay period beginning December 31, 2022, with paycheck date January 20, 2023, Employee will receive a 2% base wage increase.  Effective June 17, 2023, with paycheck date July 7, 2023, Employee will receive a 2% base wage increase.
 Effective December 30, 2023, with paycheck date January 19, 2024, Employee will receive a 2% base wage increase.
 Effective June 15, 2024, with paycheck date July 5, 2024, Employee will receive a 2% base wage increase.
 Effective December 28, 2024, with paycheck date January 17, 2025, Employee will receive a 2% base wage increase.

In addition to the percent-based wage increases noted above, Employee will receive a lump sum $1,500 payment to be paid on the first regular paycheck on or after July

1, 2023, and July 1, 2024, subject to applicable taxes and deductions. The parties agree that this one-time payment does not meet the definition of compensation earnable nor does it qualify as any applicable special compensation for CalPERS reporting purposes.

SECTION 2. Section 6 of the Agreement titled “Other Terms and Conditions of Employment” is amended by adding the following sub-section 6 under said Section 6A:

6. Holiday Closure
The City will close non-safety functions of City services between Christmas Day (December 25) and New Years’ Day (January 1) for 2022, 2023, and 2024. Employee will be provided her normally scheduled workdays between December 25 and January 1 of the noted years herein as days off with no loss in pay.

SECTION 3. Except as amended by this Third Amendment, all terms and conditions of the Agreement and First and Second Amendments shall continue in full force and effect.

SECTION 4. This Third Amendment to City Clerk At-Will Employment Agreement shall be effective December 7, 2022.

IN WITNESS WHEREOF, the City of Madera has caused this Third Amendment to Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its Deputy City Clerk, and Alicia Gonzales has signed this Third Amendment on the day and year first above written.

EMPLOYEE CITY OF MADERA
Alicia Gonzales Santos Garcia, Mayor
ATTEST
Zelda Leon, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Award of agreement for professional recruiting services and approval of a budget amendment to pay for two recruitments
RECOMMENDATION:

Adopt resolutions:

1. Approving a Professional Services Agreement with CPS HR Consulting

2. Approving a Budget Amendment to the Fiscal Year 2022-23 Operating Budget in the amount of $49,000 for two recruitments
SUMMARY:

At the September 21, 2022, City Council meeting, the City Council authorized staff to publish a Request for Proposals (RFP) for professional recruiting services. At this time, based on the RFP responses, staff is recommending a Professional Services Agreement with CPS HR Consulting (CPS HR).

The initial intent was to seek professional services to fill the vacant Director of Financial Services position. However, prior to publication of the RFP, the City concluded its sixth attempt to recruit for Public Works Operations Director, and while an ideal candidate was identified, the City’s job offer was declined for a different employment offer. For this reason, when publishing the RFP, staff asked consultants to provide proposals to conduct the Director of Financial Services recruitment as well as other department director-level recruitments that may be needed. For this reason, the proposed action includes approval of an agreement with CPS HR, as well as a budget amendment to the Fiscal Year 2022-23 operating budget to appropriate funds to conduct both recruitments through the consulting firm.

D-2
DISCUSSION:

Staff sought and received Council’s authorization to publish an RFP for professional recruiting services. The City published RFP 202223-07 seeking proposals from qualified firms or individuals to provide said services. The RFP was published on the City’s website and in the Madera Tribune.

Additionally, notice of the RFP was provided directly to thirteen (13) known providers of public sector recruitment services. The City received eight (8) proposals. The proposals were reviewed by a committee consisting of Human Resources and Administration staff who will be involved in the proposed recruitments. Based on the committee’s review, the proposals received were ranked as shown in Table 1.

Table 1: RFP 202223-07 Proposing Firms and Rank
Firm Rank
CPS HR Consulting 1
Ralph Andersen & Associates 2
Peckham & McKenney 3
Koff & Associates 4
WBCP 5
Tranquil Multi-Dynamic Advisory LLC 6
FAAZ Consulting 7
All About IT 8
CPS HR’s proposal was the top ranked proposal, offering a scope of work consistent with the City’s published RFP. As this is a professional services agreement, award is not based on price alone, but it is noted that CPS HR was the lowest price proposal that offered the requested scope of work. CPS HR offered a flat fee per recruitment of $24,500. Additionally, CPS HR was the only proposer that offered to extend the recruitment at no additional cost if it does not result in a successful hire.

In addition to the award of agreement to CPS HR, the requested action would appropriate funds in the Fiscal Year 2022-23 budget to utilize CPS HR’s services to recruit for both the Director of Financial Services and Public Works Operations Director. The Director of Financial Services position has been vacant for over a year now, with the role filled by out-of-class assignment and interim consultants while the City conducted three (3) recruitments. Each recruitment cost the City approximately $2,600 in paid advertising plus staff time for non-paid advertising opportunities, application tracking and review, and interview of candidates. The Public Works Operations Director position has been vacant since 2018, with the role also filled over time by out-of-class assignments and consulting services. The City has published six (6) recruitments since the vacancy began. The most recent recruitment cost $4,157 in paid advertising plus staff time.

The Public Works Operations Director recruitments are more expensive because of the broad range of professional engineering organizations advertisements are placed with. While each recruitment for both positions netted applicants for the City’s consideration, the City has not been able to successfully fill either position, leaving key positions vacant on the City Manager’s team. For this reason, it is recommended CPS HR’s services be utilized to conduct recruitments for both positions.

FINANCIAL IMPACT:

CPS HR’s agreement will provide for flat fee recruitments at $24,500 per recruitment. The requested action amends the adopted Fiscal Year 2022-23 budget to appropriate an additional $49,000 to engage CPS HR’s services to recruit for the Director of Financial Services and Public Works Operations Director positions. The funds will be appropriated in the Human Resources Department Budget from available General Fund balance.

ALTERNATIVES:

Council could direct staff to solicit additional proposals for services.

ATTACHMENTS:

1. Resolution approving Professional Services Agreement a. Exhibit 1: Professional Services Agreement with CPS HR Consulting

2. Resolution amending the Fiscal Year 2022-23 adopted budget a. Exhibit 1: Budget appropriation
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH CPS HR

CONSULTING
WHEREAS, the City of Madera has a need for professional recruiting services and prepared a Request for Proposals (RFP) to solicit bids for such services; and WHEREAS, CPS HR Consulting submitted a proposal to provide said services for the City of Madera; and
WHEREAS, based on review of the proposal, CPS HR Consulting is qualified to provide needed professional recruiting services; and
WHEREAS, an agreement has been prepared between the City of Madera and CPS HR Consulting for professional services that is in the best interests of both parties.

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

1. The above recitals are true and correct.

2. The Agreement for Professional Services between the City and CPS HR Consulting, a copy of which is attached hereto as Exhibit 1 and incorporated herein, is approved.

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

CITY OF MADERA

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into the 7th day of December, 2022, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City” and CPS HR Consulting, hereinafter called “Consultant”.

RECITALS:

A. The City desires to obtain professional recruiting services.

B. Consultant is a firm specializing in executive level public sector recruitments with the necessary experience to provide desired services to the City.

C. City desires to retain Consultant to provide said services, as detailed further herein.

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.

2. Services. The City hereby contracts with Consultant to provide recruiting services herein set forth at the compensation and upon the terms and conditions herein expressed, and Consultant hereby agrees to perform such services for said compensation, and upon said terms and conditions. City hereby authorizes Consultant to commence work immediately upon approval of this agreement by the City Council at a scheduled meeting of said governing body.

3. Obligations, duties and responsibilities of Consultant. It shall be the duty, obligation and responsibility of the Consultant, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in Exhibit A. Exhibit A is attached and incorporated by reference.

4. Compensation.

4.1. City shall compensate Consultant for services based on the agreed upon Fee Schedule in Exhibit B. Exhibit B is attached and incorporated by reference.

4.2. The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed. Items should be billed as described on the Fee Schedule in Exhibit B.

4.3. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted

by electronic mail (email) to the billing contact provided by Consultant. Billing contact for Consultant is David Krolikowski, Senior Accountant [email protected].

4.4. Payment shall be made directly by the City to the Consultant within thirty (30) days of receipt of billing. Billings are to be made directly to the following City contact:

Wendy Silva
Director of Human Resources
[email protected]

5. Term and Termination.

5.1. This Agreement shall be effective beginning on December 8, 2022, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect for one (1) year unless otherwise terminated by the City. The term may be extended by the City Manager in writing for a period not to exceed one (1) additional year.

5.2. City reserves the right to discharge Consultant and terminate this Agreement at any time with thirty (30) days’ notice. In the event of such discharge or termination, the City shall compensate Consultant for services rendered up to and including the date of termination. City shall terminate services and/or the Agreement by delivering to Consultant a written notice specifying the extent to which services and/or the Agreement are terminated and the effective date of the termination. Notice of termination shall be provided as follows:

Melissa Asher
Senior Leader
[email protected]

6. Independent contractor. In the furnishing of the services provided herein, the Consultant is acting as an independent contractor and not as an employee of the City.

7. Indemnification and Waivers. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. The obligations under this paragraph are in addition to, and are not limited by any insurance which Consultant is otherwise required to maintain under this Agreement.

8. Insurance. During the term of this Agreement, Consultant shall maintain, keep in force and pay all premiums required to maintain and keep in force commercial general liability, workers’ compensation, and employer’s liability insurance. The limits and coverages provided by such policies shall be as required in Exhibit C of this Agreement. Exhibit C is attached and incorporated by reference.

9. Compliance with Law. Consultant shall comply with all applicable Federal, State and local laws, rules, regulations, ordinances, and directives, and all provisions required to be included are incorporated by reference.

10. Miscellaneous.

10.1. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

10.2. Governing Law. The parties agree that this Agreement shall be governed and constructed by and in accordance with the Laws of the State of California.

10.3. Required License and Professional Credentials. Consultant and personnel providing services shall maintain all licenses and professional credentials necessary for the provision of such services. Consultant shall promptly notify City of changes of status or events that might impact the provision of professional services to City.

10.4. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

10.5. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

10.6. Incorporation of Documents. All documents constituting the Agreement documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

10.7. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

10.8. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

10.9. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be

required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

10.10. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

10.11. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

10.12. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Madera or in the United States District Court for the Eastern District of California.

10.13. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party.

11. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City.

CPS HR CONSULTING CITY OF MADERA
Melissa Asher Santos Garcia
Sr. Practice Leader, Products and Services Mayor
Date: ____________________, 2022 Date: ___________________, 2022

ATTEST APPROVED AS TO FORM
Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: ____________________, 2022 Date: ____________________, 2022 November 29

EXHIBIT A

SCOPE OF WORK
CPS HR’s executive search process is designed to provide the City with the full range of services required to ensure the ultimate selection of new personnel uniquely suited to the City's needs.

CPS HR can perform Outreach Only or Partial Recruitment services if a Full Recruitment is not currently needed by the City. The executive search process is broken down into three (3) phases, as follows.

Phase I: CPS HR’s consultant will meet with the City Manager to ascertain the City’s needs and ideal candidate attributes, to target search efforts and maximize candidate fit with the City.

Phase II: The recruitment process will be tailored to fit the City’s specific wants and needs, with targeted advertising combined with contacts with qualified individuals from Consultant’s extensive database.

Phase III: The selection process will be customized for the City. CPS HR will work with the City Manager to determine the process best suited to the City of Madera.

The firststep will be a thorough review ofthe City’s needs, culture and goals; the executive search process; and the schedule. CPS HR will meet with key stakeholders to obtain input in developing the ideal candidate profile and to assist in understanding key issues and challenges that will face the new employee. Activities will include:
 Identifying key prioritiesfor the position being recruited for and the conditions and challenges likely to be encountered in achieving these priorities.  Describing the type of working relationship the City Manager wishesto establish with the new department director.
 Generating lists ofspecific competencies, experiences, and personal attributes needed by the ideal candidate for the position in light of the discussions above.  Discussing recruitment and selection strategies for the City Manager’s consideration to best produce the intended results.

Phase I - Develop Candidate Profile and Recruitment Strategy Task 1 - Review and Finalize Executive Search Process and Schedule Task 2 - Key Stakeholder Meetings
Task 3 - Candidate Profile and Recruitment Strategy Development Task 4 - Develop Recruitment Brochure

CPS HR will provide a summary to the City stemming from these activities as an additional source of information for developing the candidate profile and selection criteria.

Following the completion of the above, CPS HR will work with a professional graphic artist to design a recruitment brochure and present it to the City for review.

The recruitment process is tailored to fit the City’s specific wants and needs, with targeted advertising, combined with personal contacts with qualified individuals from Consultant’s extensive database.

CPS HR will prepare, submit for City approval, and publish advertisements on professional and affiliate websites to attract candidates on a nationwide, regional, local or targeted basis based on the recruitment strategy.

As a consulting firm that interacts with hundreds of public sector executives during engagements, Consultant has a cadre of individuals who are informed of recruitments, both to increase the visibility of the opening and to attract appropriate individuals who fit the special needs of the client. Communication with these professionals ensures that an accurate picture of the requirements of the job is apparent and proliferated throughout their professional networks.

CPS HR is focused on reaching a diverse candidate pool and will recommend publications/websitesthat are targeted to minority and female candidates. In addition to placing ads on websites aimed at minority candidates, Consultant will contact leaders within appropriate associations to gain their insight and referrals of possible candidates.

CPS HR will prepare an email distribution list containing prospective candidates and referral sources. These individuals will receive a link to the recruitment brochure along with a personal invitation to contact CPS HR should they have any questions about the position.

CPS HR maintains a comprehensive, up-to-date database of industry leaders and experienced professionals; however, Consultant does not rely solely upon its current database. CPS HR also conducts research to target individuals relevant to the City’s specific needs and expectations to ensure that Consultant is thorough in its efforts to market this position to the appropriate audience and to garner a diverse and quality pool of candidates.

CPS HR will:

Phase II – Aggressive, Proactive, and Robust Recruitment Task 1 - Place Advertisements
Task 2 - Identify and Contact Potential Candidates
Task 3 - Resume Review and Screening Interviews
Task 4 - City Manager Selects Finalists

 Convey a strong sense of the purpose and strategy of the City. For many talented individuals, understanding these aspects is one of the key motivators to compete in such an environment.
 Provide guidance and resources to candidates regarding the area’s cost of living, mean and median housing prices, higher education opportunities, K-12 education information, and other aspects of interest to those who are considering relocating to the area.
 Actively seek highly qualified candidates who may be attracted by the prospect of collaboration with other departments, providing exceptional leadership to the City, or continuing to ensure the public confidence in the integrity of the City.

CPS HR will directly receive and initially screen all resumes. This screening process is specifically designed to assess the personal and professional attributes the City is seeking and will include a thorough review of each candidate's resume, and if applicable, supplemental questionnaire responses and other supporting materials. CPS HR will personally speak to selected candidates during a preliminary screening interview and will spend extensive time ascertaining each candidate’s long-term career goals and reasons why the candidate is seeking this opportunity, as well as gaining a solid understanding of the candidate’s technical competence and management philosophy. Consultant will gather data on any other unique aspects specific to this recruitment based upon the candidate profile, as well as conduct internet research on each candidate interviewed.

CPS HR will prepare a written report that summarizes the results of the recruitment process and recommends candidates for further consideration by the City Manager. Typically, the report will recommend five to eight highly qualified candidates and will include resumes and a profile on each interviewee's background. CPS HR will meet with the City Manager to review this report and to assist them in selecting a group of finalists for further evaluation.

CPS HR will design a draft selection process based on information gathered in Phase I. Consultant will meet with the City to review this process and discuss the City’s preferred approach in assessing the final candidates. The selection process will typically include an in-depth interview with each candidate but may also include other selection assessments such as an oral presentation, preparation of written materials, and/or problem-solving exercises.

Phase III – Selection
Task 1 - Design Selection Process
Task 2 - Administer Selection Process
Task 3 - Final Preparation for Appointment
Task 4 - Contract Negotiation (if requested)

CPS HR will coordinate all aspects of the selection process for the City. This includes preparing appropriate materials such as interview questions, evaluation manuals, and other assessment exercises; facilitating the interviews; assisting the City with deliberation of the results; and contacting both successful and unsuccessful candidates.

Following the completion of the selection process, CPS HR will be available to complete the following components:
 Arrange Follow-up Interviews/Final Assessment Process: Should the City wish to arrange follow-up interviews and/or conduct a final assessment in order to make a selection, CPS HR will coordinate this effort.
 Conduct In-Depth Reference Checks: The in-depth reference checks are a comprehensive 360-degree evaluation process whereby we speak with current and previous supervisors, peers, and direct reports. (It is Consultant’s policy to not contact current supervisors until a job offer is made, contingent upon that reference being successfully completed, so as not to jeopardize the candidates’ current employment situation.) Candidates are requested to provide a minimum of five references. CPS HR is able to ascertain significant, detailed information from reference sources due to our commitment to each individual of confidentiality, which leads to a willingness to have an open and candid discussion and results in the best appointment for the City. A written (anonymous) summary of the reference checks is provided to the City.

EXHIBIT B

FEE SCHEDULE
Professional Services
The professional fixed fee covers all CPS HR services and deliverables associated with Phases I, II, and III of the recruitment process as defined in Exhibit A: Scope of Work. Travel expenses for candidates who are invited forward in the interview process are not included.

Professional Fixed Fees*
Professional Servicesfor Full Recruitment $24,500
*Professional fees are per recruitment and will be billed upon phase completion for each position.

Breakdown of Cost per Task
The following tasks will be performed by the assigned project manager. Consultant’s executive recruitment team members will serve as additional resources as needed. The following table is a break-down of the $24,500 flat fee based on a recruiters’ time @ $125 per hour including the cost of all deliverables – recruitment brochure, advertising, consultant travel, printing/shipping, reference checks, and miscellaneous expenses.

Task/Consultant Role Fee
Phase I. Develop Candidate Profile and Recruitment Strategy Task 1 – Review and Finalize Executive Search Process and Schedule $1,000 Tasks 2 & 3 – Development of Candidate Profile and Recruitment Strategy including comprehensive stakeholder engagement $3,000 Tasks 4 & 5 – Development and Creation of Recruitment Brochure and Place Advertisements $6,000
Phase II. Recruitment
Task 1 – Identify and Contact Potential Candidates $3,000 Task 2 – Resume Review and Screening Interviews $3,000
Task 3 – Finalists Selected – Preparation and Provision of Final Report $2,000 Phase III. Selection
Task 1 – Design Selection Process $1,000
Task 2 – Administer Selection Process – Preparation and Provision of Evaluation Materials $3,000
Task 3 – Final Preparation for Appointment: Arrange Follow-up Interviews, Final Assessment Process, In-Depth Reference Check $2,500 Professional Fees Total $24,500

One-Year Service Guarantee
If the employment of the candidate selected and appointed by the City as a result of a full executive recruitment (Phases I, II, and III) comes to an end before the completion of the first year of service, CPS HR will provide the City with professional services to appoint a replacement.

Professional consulting services will be provided at no cost. The City would be responsible only for expenses such as re-advertising, consultant travel, additional background checks, etc. This guarantee does not apply to situations in which the successful candidate is promoted or reassigned within the organization during the one-year period. Additionally, should the initial recruitment efforts not result in a successful appointment, CPS HR will extend the aggressive recruiting efforts and screen qualified candidates until an offer is made and accepted. CPS HR does not provide a guarantee for candidates placed as a result of a partial recruitment effort.

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Sub-consultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance:

Consultant shall maintain limits no less than:
• $1,000,000 General Liability (including operations, products, and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage should be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
• Workers’ Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. • $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

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

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

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

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

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

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

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

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

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

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

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

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

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROPRIATING $49,000 TO THE CITY OF MADERA FISCAL YEAR 2022-23

ADOPTED BUDGET FOR TWO PROFESSIONAL RECRUITMENTS
WHEREAS, the City of Madera has an adopted operating budget for Fiscal Year 2022/23; and
WHEREAS, the City desires to amend the adopted budget to provide funds from the available General Fund balance to procure professional recruiting services for the Director of Financial Services and Public Works Operations Director vacancies, each recruiting costing a flat fee of $24,500; and
WHEREAS, an amendment to the adopted budget is required to appropriate funds as the services were not anticipated during budget development.

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

1. The above recitals are true and correct.

2. Funds shall be appropriated in the Fiscal Year 2022/23 operating budget in the amount of $49,000 from available General Fund balance into the Human Resources Department Contractual Services account to fund the recruitments for Director of Financial Services and Public Works Operations Director in accordance with Exhibit 1, attached hereto and incorporated by reference herein.

3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Financial Services who is authorized to take such action as necessary to implement the terms of this resolution.

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

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Human Resources
1020 10201500 6440 Contracted Services 49,000
TOTALS 49,000
Notes:

EXHIBIT 1
CITY OF MADERA FISCAL YEAR 2022/23 BUDGET APPROPRIATION

FOR TWO PROFESSIONAL RECRUITMENTS
Director of Financial Services and Public Works Operations Director recruitments by CPS HR Consulting 1 REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Initiation of a Text Amendment to the Zoning Regulations of the Madera Municipal Code to Include Standards and Provisions Relating to the Quality, Quantity, and Design of Landscaping and Park Strips within Residential Zones.

RECOMMENDATION:

Adopt a Resolution of Intention to Initiate Procedure to Amend Title X, Chapter 3 of the Madera Municipal Code Relating to Residential Zones in Accordance with the Provisions of Section 10-

3.1500 et seq. of the City Municipal Code.

SUMMARY:

At the regularly scheduled meeting of the on November 2, 2022, the Council, during the Councilmember Reports/Announcements/Future Agenda section of its agenda, directed staff to bring forward an item for consideration regarding front yard standards in Residential Zones.

Pursuant to Section 10-3.1502 of the City Municipal Code, an amendment to the Zoning Regulations contained in Title X, Chapter 3, may be initiated by the Council by Resolution of Intention and referred to the Planning Commission for public hearing and recommendations to the Council.

Staff is requesting Council adoption of the Resolution of Intention initiating the procedure to amend the Zoning Regulations in accordance with the provisions of the City Municipal Code based upon the direction provided by Council at its regularly scheduled meeting held on November 2, 2022.

Council Meeting of: December 7, 2022
Agenda Number: ______ D-3
DISCUSSION:

Council’s direction to staff to bring forward an item for consideration regarding front yard standards in Residential Zones followed a workshop at the same regularly scheduled meeting held on November 2, 2022, pertaining to discussion and direction regarding a developer’s request to add a rolled or wedge curb standard to the 2005 City of Madera Standard Plans and Specifications.

The workshop was presented as a follow up to a presentation to Council on October 5, 2022, to provide Council additional opportunity to consider the request. Based upon potential concerns that were expressed by the Council at the meeting related to the potential and propensity for adoption of a rolled or wedge standard to encourage removal of front yard landscaping in favor of additional pavement and/or the parking of vehicles in front yard areas (outside of vehicular driveways), staff provided examples during the workshop of various landscaped treatments for front yard and/or park strip (planting areas located between the curb and sidewalk within public street right-of-way) areas which might serve to discourage the parking of vehicles within front yards. In addition, while the Municipal Code provides prohibitions against parking on unpaved surfaces, the Municipal Code does not define limitations for paving within front yard areas (or potentially street-side yard areas of corner lots).

Council adoption of a Resolution of Intention to Initiate the Procedure to Amend Title X, Chapter 3 of the Municipal Code Relating to Residential Zones will provide legal authorization to staff to pursue Council’s direction to research, analyze, and present recommendations for amendments to the Zoning Regulations for this purpose. In accordance with the Provisions of Section 10-

3.1500 et seq. of the Municipal Code, and following adoption of a Resolution of Intention to Initiate Procedure to Amend the Zoning Regulations, staff will:
 Prepare proposed amendments to the Zoning Regulations in the form of a draft ordinance;
 Present said draft ordinance to the Planning Commission for consideration at a public hearing; and
 Then, return to Council at a noticed public hearing to consider a proposed draft ordinance for adoption in order to amend the Zoning Regulations accordingly.

FINANCIAL IMPACT:

This report does not attempt to estimate dollar values in advance of new Zoning Regulations being adopted or implemented. While some additional costs may ultimately be attributed to new development to implement new standards, compliance and maintenance costs will be borne by developers and homeowners and will not result in a financial impact to the City. The City does not currently have sufficient staff to enforce new regulations, which may result in additional financial responsibility to the City to provide sufficient resources to enforce. However, an amendment to the Zoning Regulations for purposes of addressing the concerns of the Council will codify consistent standards and expectations for homeowners and the development community.

ALTERNATIVES:

Should the Council not take action to adopt a Resolution of Intention to Initiate Procedure to Amend Zoning Regulations in accordance with the Provisions of Section 10-3.1500 et seq. of the City Municipal Code, staff will be unable to proceed with consideration or processing of a text amendment to Title X, Chapter 3 of the Madera Municipal Code Relating to Residential Zones.

ATTACHMENTS:

1. Resolution of Intention of the City Council Initiating a Text Amendment to the Zoning Regulations of the City Municipal Code relating to the Quality, Quantity and Design of Landscaping and Park Strips within Residential Zones.

ATTACHMENT 1
Resolution of Intention of the City Council Initiating a Text Amendment to the Zoning Regulations of the City Municipal Code relating to the Quality, Quantity and Design of Landscaping and Park Strips within Residential Zones.

RESOLUTION NO. ______

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF

MADERA INITIATING A TEXT AMENDMENT TO THE ZONING REGULATIONS

OF THE MADERA MUNICIPAL CODE RELATING TO THE QUALITY, QUANTITY

AND DESIGN OF LANDSCAPING AND PARK STRIPS WITHIN RESIDENTIAL ZONES
WHEREAS, on November 2, 2022, City of Madera City Council (Council), during the Councilmember Reports/Announcements/Future Agenda section of its regularly scheduled meeting, directed staff to bring forward an item regarding front yard standardsin residential zones; and
WHEREAS, Section 10-3.500 et seq. of the Madera Municipal Code contains provisions to promote and encourage a suitable living environment, as well as development standards including Yard Requirements, Minimum Open Space Requirements and Prohibitions of Parking on Unpaved Surfaces; and
WHEREAS, Section 10-3.1500 et seq. of the Madera Municipal Code contains provisions for amending or changing the Zoning Regulations contained in Title X, Chapter 3 of the Madera Municipal Code whenever the public necessity, convenience, general welfare, or good zoning practices require; and
WHEREAS, City staff is requesting an Initiation of Procedure to amend the text of the Zoning Regulations in accordance with direction provided by Council; and WHEREAS, pursuant to Madera Municipal Code Section 10-3.1502, initiation of amendments to the Zoning Regulations in Title X, Chapter 3, may be made by the Council by resolution and referred to the Planning Commission for public hearing and recommendations to the Council.

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 Council hereby initiates a zoning text amendment (“ordinance”) to the Madera Municipal Code to relating to the quality, quantity and design of landscaping and park strips within Residential Zones.

3. The Resolution is effective immediately upon adoption. *****

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Interim Finance Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Acceptance of a Grant Award from the U.S. Department of Justice’s Community Oriented Policing Services (COPS) Hiring Program
RECOMMENDATION:

Adopt Resolutions:

1. Accepting the FY 2022/23 COPS Hiring Program (CHP) grant in the amount of $500,000 and

2. Amending the City’s FY 2022/23 Budget to reflect the acceptance of the grant in the amount of $500,000
SUMMARY:

The COPS Hiring Program is a competitive grant program designed to provide funding directly to law enforcement agencies to hire or rehire additional career law enforcement officers to increase their community policing capacity and crime prevention efforts. Anticipated outcomes of the CHP program include engagement in planned community partnerships, implementation of projects to analyze and assess problems, implementation of changes to personnel and agency management in support of community policing, and increased capacity of the agency to engage in community policing activities.

The FY 2022/23 CHP program had $156 million in funding. The award period is five years to allow time for recruitment and hiring. However, only 36 months of salary is chargeable to the award.

Additionally, there is a local match requirement. The City applied for the grant and received an award amount of $500,000. The City will utilize this award to hire four additional full-time officers, one of whom must be a military veteran. The General Fund, which may include Measure K, required a funding match under this commitment is estimated at $779,040 over the three-year D-4
grant period for officer positions. After that, the General Fund will absorb the additional personnel's full salary and benefits cost.

DISCUSSION:

COPS awards must be used to initiate or enhance community policing activities. Specifically, the City identified the rising number of mental health and social service calls received by the City as a focus area. The COPS funding will enable the City and Madera County Behavioral Health Services (BHS) to resurrect a previously disbanded Crisis Intervention Team (CIT) due to staffing shortages. The MPD utilizes the CIT as a diversion tool for individuals with mental health conditions. Those served by CIT are moved out of the legal system and into medical/social services to ensure the appropriate needs are met. Further, the increase in officer personnel would allow the City to meet the goals of the COPS program, which include:
 Reducing the number of incidents
 Increasing public trust in the MPD
 Reducing the seriousness of the incidents of the amount of harm  Reducing the number of victims and repeat offenders
 Getting other agencies and stakeholders to assume responsibility for the focus area  Improving the response to the focus area
 Improving citizen perceptions of the focus area
While the COPS award will be primarily targeted towards re-initiating the partnership with BHS through CIT, the funded officers will also target community policing via a two-pronged approach.

The first targets public safety issues, including “specific crime” and “fear of crime.” Officers will be certified to teach the Gang Resistance Education and Training (GREAT) curriculum. The training is a comprehensive course that focuses on the structure and content of the GREAT curricula, provides knowledge of current gang trends, and builds teaching capacity. In partnership with the Madera Unified School District (MUSD), the COPS-funded officers will identify the schools most troubled by gangs and violence. They will then prioritize the locations to implement the GREAT curriculum and increase enforcement activities in the surrounding neighborhoods through the Special Investigation Unit (SIU).

The second approach is implementing the Parent Project curriculum. The funded officers will receive training in the Parent Project’s Guide to Changing Destructive Adolescent Behavior (CDAB) and implement the curriculum at the schools over a 10–16 week period. The Parent Project is a need-based model that addresses the critical issues parents face today and offers concrete, step-by-step solutions. The CDAB directly supports principles of community policing, including community input, strategic planning, responsiveness, and overall functioning of officer duties.

The combined approach increases the impact of community policing through local partnerships.

The CIT will focus on ensuring individuals suffering from a Severe Mental Illness (SMI) stay out of jail and instead receive the appropriate mental health services. The partnership with MUSD allows crime reduction and improved services to children with mental health concerns. It also provides education and resources to parents and troubled youth through the implementation of the Parent Project and the GREAT curriculum.

The project period began on October 1, 2022, and will sunset on September 30, 2025. Table 1 describes the estimated funding required per year.

Table 1: Total Funding Required for the COPS Hiring Grant Year 1 Year 2 Year 3 Total
Local Match (City contribution) $249,142 $259,368 $270,530 $779,040 Federal Funding (COPS Award) $160,000 $165,000 $175,000 $500,000 Total Funding $409,142 $424,368 $445,530 $1,279,040
The COPS award will provide a portion of four full-time sworn officers' salary and fringe benefits.

Table 2 provides a budget outline.

Table 2: Budget Summary
Four Sworn Officer Positions $1,268,276
Other Costs (officer uniforms) $10,763.84
Total Project Cost $1,279,040
FINANCIAL IMPACT:

Acceptance of the COPS federal grant funding will assist the City’s budget by defraying costs for hiring new personnel. However, over the three-year grant period, the General Fund will absorb $779,040, or approximately 61 percent of the cost to hire four sworn officers, and the total cost once the grant sunsets.

ALTERNATIVES:

If Council elects not to adopt the Resolution, the grant with the COPS Grant Program will not be executed, and the City will not be eligible to receive $500K.

ATTACHMENTS:

1. Resolution Accepting the COPS Grant in the amount of $500,000

2. Resolution amending the FY 2022/23 Budget

3. Attachment A – Budget Amendment
RESOLUTION NO._________

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

CALIFORNIA, ACCEPTING THE COMMUNITY ORIENTED POLICING

SERVICES (COPS) GRANT AND APPROVING A BUDGET AMENDMENT TO THE COPS GRANT FUND FOR THE FY 2022/23 FUNDING ALLOCATION WHEREAS, the City of Madera Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the Council supports the efforts of the Police Department to secure resources by the most efficient means possible; and
WHEREAS, the Congress of the United States has allocated $500,000 through the Community Oriented Policing Services (COPS) program to the City to be used for front-line law enforcement services; and
WHEREAS, the City wishes to accept the grant and amend the COPS Grants Fund to increase the budget.

WHEREAS, the City Council acknowledges and authorizes the General Fund matching requirements of the COPS to grant an initial 36-month period of $779,040 and full salary and benefit costs post-grant.

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

1. The above recitals are true and correct.

2. The City Manager or designee is hereby authorized to execute all required documents.

3. This resolution shall be effective immediately upon adoption. *******
RESOLUTION NO._________

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

CALIFORNIA, APPROVING A BUDGET AMMENDMENT TO THE COPS
GRANTS FUND FOR THE FY 2022/23 FUNDING ALLOCATION
WHEREAS, the City of Madera Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the Council supports the efforts of the Police Department to secure resources by the most efficient means possible; and
WHEREAS, the Congress of the United States has allocated $500,000 through the Community Oriented Policing Services (COPS) program to the City to be used for front-line law enforcement services; and
WHEREAS, the City wishes to accept the grant and amend the COPS Grants Fund to increase the budget in the amount of $500,000.

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

1. The above recitals are true and correct.

2. The City Manager or designee is hereby authorized to execute all required documents.

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

ATTACHMENT A

CITY OF MADERA
Budget Appropriation: FY 22 COPS Hiring Grant
2022-2023 Budget Amendment

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
COPS Hiring Grant
1020 10202050 4456 COPS Hiring Grant $500,000.00
1020
1020
1020
1020
10202050
10202050
10202050
10202050
5000
5110
5300
5304
Salaries/Full-time
Salaries/Uniform Pay
Employee Retirement
Workers Comp
$202,121.12
$2,370.67
$18,200.21
$12,790.40
1020 10202050 5305 Medicare ER $3,363.83
$238,846.23 $500,000.00

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Kingsley Okereke, Finance Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of New Purchasing Procedures Ordinance
RECOMMENDATION:

Waive Full Reading and Introduce an Ordinance of the City of Madera Repealing Sections 2-2.501, 2-2.502, and 2-2.503 of the Madera Municipal Code and Adopting New Chapter 4 to Title II of the Madera Municipal Code Relating to Purchasing Procedures and Including Adoption of the Uniform Public Construction Cost Accounting Act
SUMMARY:

Madera Municipal Code Sections 2-2.501, 2-2.502, and 2-2.503 Purchasing Procedures were last comprehensively updated in 1993. Given the lapse in time, it is appropriate to update the Municipal Code to enhance the efficiency of the City’s purchasing procedures and to reflect contemporary purchasing guidelines. After an exhaustive review, staff prepared a draft ordinance that:

1. Delineates roles and responsibilities for contracting and purchasing as required by state law;

2. Provides authority to the City Manager on purchases and contracts below a particular threshold;

3. Streamlines the public works contract award process by adopting the California Uniform Public Construction Cost Accounting Act; and

4. Differentiates between purchasing material goods, professional services, and Public Works projects as defined by the Public Contract Code.

D-5

CORRECTED REPORT
DISCUSSION:

The proposed ordinance facilitates fairness, objectivity, accountability, and transparency in an efficient procurement process. At the same time, the procedures in the proposed ordinance ensure the City obtains high-quality equipment, goods, and services at a cost that provides the best value to the City and encourages competition among vendors, proposers, and bidders.

The following is a summary of the proposed ordinance below.

Designation of Purchasing Agent
Consistent with Madera Municipal Code §2-2.203, the Finance Director is designated as the Purchasing Agent with the authority to delegate these duties to a city office or position.

Purchasing Amount Authority and Signature
The proposed ordinance would vest the City Manager with purchasing authority for contracts for the purchase of goods and services of less than $60,000 per project per fiscal year unless the Council expressly reserves approval on a particular purchase or contract or the City Manager requests Council approval. This also includes contracts not measured monetarily, such as the waiver of indemnification and insurance. Contracts for $60,000 or more would continue to be submitted to the Council for consideration.

Basic Procedures
The proposed ordinance includes procedures for purchasing materials, supplies, equipment, and services to ensure the City pays fair prices and receives commensurate value. In short:
▪ The procedures are basic for purchases less than $6,000 ▪ Requires price quotes for purchases between $6,000 and less than $15,000 ▪ Requires written specifications and price quotes from a minimum of 3 vendors (if available) for purchases between $15,000 and less than $60,000 ▪ Requires more rigorous bidding procedures for contracts of $60,000 or higher, such as a request for proposal (RFP) or request for qualifications (RFQ).

Language that prohibits the evasion of the procedures by splitting or separating purchases and contracts is included. In addition, the proposed ordinance revises the limits for purchases and contracts that are not public projects. A comparison of current limits and proposed limits is provided in Table 1.

Table 1: Summary of Proposed Changes to Purchase Order Limits Current Limit Proposed Limit Proposed Purchase Order Status Less than $2,500 Less than $6,000 No Purchase Order required $2,500 - $50,000 $6,000 – $15,000 Purchase Order required with 3 informal quotes; lowest quote in writing from the vendor
N/A $15,000 - $60,000 Purchase required with written specifications and at least 3 quotes in writing
$50,000 or more $60,000 or more Written price quotes from 3 vendors through the bidding process or RFP/RFQ.

Requires City Council action.

Uniform Public Construction Cost Accounting Act Procedures for Public Projects The proposed ordinance adopts the Uniform Public Construction Cost Accounting Act Procedures (‘UPCCAA’). Currently, public works projects must be bid as required by the Public Contract Code (“PCC”). In a general law city like Madera, public works projects over $5,000 must be awarded to the lowest responsible bidder, regardless of where the bidder is located (PCC Section 20162.) A “public project” may be defined as:

1. A project for the erection, improvement, painting, or repair of public buildings and works

2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow

3. Street or sewer work except for maintenance or repair, or

4. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers (PCC Section 20161)
The UPCCAA is legislation that was enacted in 1983 to help promote uniformity of cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state of California. It is a voluntary program available to all public entities, but it applies only to those public agencies that have adopted it through their governing boards. The UPCCAA provides that any public agency which has elected to become subject to the uniform construction cost accounting procedures may utilize simplified alternative bidding procedures when contracting for public works projects (PCC §22000 to 22045). The alternative bidding procedures must be established by ordinance (PCC §22034). The UPCCAA also establishes a uniform cost accounting standard for construction work contracted out or self-performed by public agencies.

Cities that adopt the UPCCAA process are allowed to use an informal bidding process for public works contracts under $200,000 and to perform public works projects under $60,000 by “force account,” negotiated contract, or purchase order. Only contracts exceeding $200,000 require formal bidding requirements.

The City would save significant time and money in its ability to utilize less formal procedures for smaller contracts as authorized by the UPCCAA. Attachment 2 includes a summary of frequently asked questions.

Other Noteworthy Provisions
The proposed ordinance provides guidance on the following:
▪ The required use of RFPs and RFQs for architects and engineers ▪ The permissive use of RFPs and RFQs for other consultants ▪ Emergency purchases
▪ Cooperative and piggyback purchasing
▪ Sole source purchases
▪ Prevailing wages
▪ Conflicts of interest
Follow Up
Should Council approve, this item would be returned to Council for a second reading and adoption at the next regular meeting. At that time, a resolution rescinding current procurement procedures that are inconsistent with this ordinance will be presented to Council.

FINANCIAL IMPACT:

There is no anticipated financial impact from this modification.

ALTERNATIVES:

Council could direct staff to modify the ordinance further or to forego modifications and keep the current ordinance in place.

ATTACHMENTS:

1. Ordinance

2. California Uniform Public Construction Cost Accounting Act Frequently Asked Questions ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF MADERA REPEALING SECTIONS 2-2.501, 2-2.502, AND 2-2.503 OF THE MADERA MUNICIPAL CODE AND ADOPTING NEW CHAPTER 4

TO TITLE II OF THE MUNICIPAL CODE RELATING TO PURCHASING PROCEDURES AND

INCLUDING ADOPTION OF UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
THE CITY COUNCIL OF THE CITY OF MADERA DOES ORDAIN AS FOLLOWS:

SECTION 1. Sections 2-2.501, 2-2.502, AND 2-2.503 of the Madera Municipal Code are repealed.

SECTION 2. Chapter 4 (Purchasing Procedures) shall be added to Title II (Administration) of the Madera Municipal Code to read as follows:

TITLE II
CHAPTER 4: PURCHASING PROCEDURES
Sections:
2-4.01 Purpose and Implementation
2-4.02 Expenditure Authority
2-4.03 Designation of and Responsibility of Purchasing Agent 2-4.04 Purchasing Amount Authority and Signature
2-4.05 Purchases and Contracts that are Not Public Projects 2-4.06 Uniform Public Construction Cost Accounting Act Procedures for Public Projects 2-4.07 Exceptions: Cooperative Purchasing Agreements and Piggyback Purchases. 2-4.08 Sole Source Purchases
2-4.09 Prevailing Wages and Public Works Projects
2-4.10 Requests for Proposals and Requests for Qualifications 2-4.11 Conflict of Interest
2-4.01 PURPOSE AND IMPLEMENTATION.
(A) Title.

This chapter shall be known as the City of Madera Purchasing Ordinance (“Purchasing Ordinance”). The purpose of this Purchasing Ordinance is to establish efficient procedures for the purchase of supplies, equipment, and services at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to define purchasing authority, and to assure the quality of purchases.
2 (B) Compliance with Laws.

The adoption of this Purchasing Ordinance is intended to meet the requirements of state law including but not limited to the following: (i) Government Code Sections 54201 to 54205 regarding the purchase of supplies and equipment; (ii) Public Contract Code Section 20160 to 20174 regarding City public works construction projects; (iii) Public Contracts Code Sections 22000 to 22045 regarding the Uniform Public Construction Cost Accounting Procedures; (iv) Government Code Section 4526 regarding professional services; (v) Labor Code requirements for prevailing wages; (vi) Government Code Section 4529.2 regarding architectural engineering services; and (vii) other applicable laws.
(C) Superseding State and Federal Procurement Requirements.

The procurement requirements under this Purchasing Ordinance shall be followed. However, in the event stricter requirements are required by state or federal funding sources, those requirements shall be met to ensure funding compliance and shall supersede the provisions of this ordinance.
(D) Administrative Purchasing Policy.

The City’s purchasing functions shall be governed by this Purchasing Ordinance and by the City’s Administrative Purchasing Policy which shall be established by the City Manager or his or her designee, both as may be amended from time to time. The Administrative Purchasing Policy will serve to implement the provisions of the Purchasing Ordinance and will generally contain administrative requirements, responsibilities, and updated best practices to meet the City’s needs.
2-4.02 EXPENDITURE AUTHORITY.

Purchase and contract expenditures must be authorized in the City’s Annual Budget or pursuant to amendment to the Annual Budget approved by the City Council. 2-4.03 DESIGNATION AND RESPONSIBILITY OF PURCHASING AGENT.

The City of Madera Municipal Code section 2-2.203 (D) designates the Director of Finance of the city as the City Purchasing Agent with the responsibility to supervise and control the disbursement of all monies and the audit of all purchase orders and related invoices and payments. Subject to the direction of the Director of Finance, the duties of the Purchasing Agent may be performed by an authorized representative or be delegated to such city office or position as may be determined by the Director of Finance.

The Purchasing Agent shall have authority to:
(A) Purchase or contract for supplies, equipment and services required by City in accordance 3 with purchasing procedures prescribed by this Purchasing Ordinance, the Administrative Purchasing Policy, and any requirement as shall be prescribed by state or federal funding agencies.
(B) Negotiate and recommend execution of contracts for the purchase of supplies, equipment, and services at least expense to the City.
(C) Act to procure for the City the needed quality in supplies, equipment, and services at least expense to the City.
(D) Discourage uniform bidding and endeavor to obtain as full and open competition as possible on purchases.
(E) Prepare and recommend to the City Council revisions and amendments to the Purchasing Ordinance.
(F) Prescribe and maintain the forms as are reasonably necessary to the operation of the Purchasing Ordinance and other laws.
(G) Supervise or delegate the inspection of all supplies, equipment and services purchased to ensure conformance with specifications of the product or service. (H) Maintain a bidders’ list, vendors catalog file, pre-qualified vendor lists, and records needed for the efficient operation of the Purchasing System; and (I) Require that all employees verify and ensure purchases are made in accordance with the Purchasing Ordinance and with state or federal funding sources. 2-4.04 PURCHASING AMOUNT AUTHORITY AND SIGNATURE.
(A) City Manager.

Purchases and contracts of less than $60,000 (sixty thousand dollars) per project per fiscal year may be awarded and signed by the City Manager, after being approved as to form by the City Attorney and Purchasing Agent, unless the City Council expressly reserves approval on a particular purchase or contract, or the City Manager requests Council approval. This also includes contracts not measured monetarily such as the waiver of indemnification and insurance. (B) City Council.

If the amount of any purchase or contract is $60,000 (sixty thousand dollars) or more in a fiscal year, the contract shall be awarded by the City Council and signed by the Mayor unless a resolution specific to the particular contract authorizes the City Manager or other designee to sign the contract.
4 2-4.05 PURCHASES AND CONTRACTS THAT ARE NOT “PUBLIC PROJECTS.” (A) Procedures for Specific Amounts.

The procedures in this section shall be followed when purchasing or leasing materials, supplies, equipment, or services that are (i) not public projects as defined in Section 2-5.06 of this Code and (ii) not procured through Requests for Qualifications and Requests for Proposals. (1) Less than $6,000 - All City employees authorized to purchase or lease materials, supplies, equipment, or services shall ensure that the City pays fair prices and receives commensurate value for amounts expended.
(2) $6,000 to less than $15,000 - Price quotes must be solicited, either verbally or in writing, from a minimum of three vendors, if available. The low-price quote must be confirmed in writing by the vendor.
(3) $15,000 to less than $60,000 - Written specifications describing the delivery schedule, materials, supplies, equipment, or services must be prepared by City. Price quotes must be solicited in writing from a minimum of three vendors, if available. (4) $60,000 or higher – The informal bidding requirements under Section 2-4.06 D(2) of this Code relating to public projects shall be followed except that for non-public projects, the City is not required to award to the lowest bidder. The City may award to the best qualified vendor. In determining “best qualified vendor” as used in Section 2-

4.05 consideration is to be given to quality and performance of the goods and supplies, equipment or materials to be purchased or nonprofessional services to be provided by the vendor. Criteria for determining best qualified vendor includes, but is not limited to, the following:
(a) The cost or best value of the goods and supplies, equipment, materials, or nonprofessional services;
(b) The ability, capacity, and skill of the vendor to perform the contract and to provide the goods and supplies, equipment, materials, or nonprofessional services requested;
(c) The ability of vendor to provide the goods and supplies, equipment, materials, or nonprofessional services promptly or within the time specified and without delay;
(d) The quality of vendor’s performance on previous purchases or contracts; and
5 (e) The vendor’s responsiveness.
(B) Purchase Order or Written Contract Required.

Purchases of supplies, equipment, and services of $6,000 (six thousand dollars) or more shall be made only by written purchase order or by written contract. (C) Emergency Purchases.

In the case of an emergency regarding a non-public project as defined in Section 2-4.06, the Purchasing Agent may determine to proceed with the immediate purchase of goods, supplies, equipment, materials, or services. The term “emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential services. Such immediate purchase of goods, supplies, equipment, materials, or services still requires the standard terms and conditions for written purchase orders or written contracts. (1) If the dollar amount is within the City Manager’s authority, the Purchasing Agent shall promptly file with the City Manager a signed declaration showing that emergency conditions existed and created the necessity for such action, together with an itemized account of all expenditures.
(2) If the dollar amount is above the City Manager’s authority, the Purchasing Agent shall at the next regular meeting of the Council seek ratification of the purchase by resolution which includes the emergency conditions which existed and the immediate need to take action together with an itemized account of all expenditures. (D) Prohibition against piecemealing, splitting or separating purchases.

It is impermissible to split or separate purchases of materials, supplies, equipment or services for the purpose of evading the provisions of the procedures for specific amounts set forth above. 2-4.06 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT PROCEDURES FOR PUBLIC PROJECTS.
(A) California Uniform Public Construction Cost Accounting Act Adopted.

The City Council of the City of Madera, California hereby readopts the California Uniform Public Construction Cost Accounting Act (California Public Contract Code § 22000 et seq.) for the purpose of prescribing regulations governing contracts awarded by the City for public projects.

However, nothing contained herein shall preclude the City from utilizing more restrictive procedures if, and when required by federal or state law, or when federal or state funds are involved in the contract to be awarded and the funding agency requires more restrictive procedures.
6 (B) Definitions of Terms.

As used in Section 2-4.06, the words, terms, and phrases shall have the following meanings, as defined in Public Contract Code Section 22002, unless otherwise apparent from the context:
(1) “Facility” means any plant, building, structure, ground facility, real property, street, highway, or other public work improvement.
(2) “Maintenance Work” does not constitute a “public project” under the definition of “public project” in subsection (B)(3) below; it does include the following:
(a) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (b) Minor repainting.
(c) Resurfacing of streets and highways at less than one inch. (d) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (e) Work performed to keep, operate, and maintain City-owned water and wastewater systems.
(3) “Public Project” means any of the following:
(a) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
(b) Painting or repainting any publicly owned, leased, or operated facility. (c) Public Project does not include maintenance work, as defined above. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.
(C) Dollar Amount of Public Project Determines Process to be Used.

The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Public Contract Code section 22020 et seq., without the necessity of amending this section or any subdivision herein to reflect any such adjustment.
7 (1) Public projects of $60,000 (sixty thousand dollars) or less may be performed by City employees by force account, by negotiated contract or by purchase order. (2) Public projects of $60,000.01 to $200,000 (two hundred thousand dollars) may be let to contract by informal bidding procedures as set forth in subsection (D) below. (3) Public projects of more than $200,000 (two hundred thousand dollars) shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in subsection (D) below.
(D) Procedures to Be Used for Contracts Regarding Public Projects. (1) No bidding required. Per Public Contract Code Section 22032, public projects of $60,000 (sixty thousand dollars) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order consistent with the procedures in Section 2-4.05 (A) (1)–(3). Such contracts may be approved and executed by City Manager or designee.
(2) Informal bidding procedures. Public projects of $60,000.01 to $200,000 (two hundred thousand dollars) per subsection (C)(2) above shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Section 22034 et seq. of the Public Contract Code, as follows:
(a) Contractors List. A list of qualified contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(b) Notice Inviting Informal Bids. A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten (10) days before bids are due, to either all the contractors on the Contractors List for the category of work to be bid, or to all construction trade journals specified in the California Public Contract Code Section 22036, or both, unless the product or service delivery is proprietary.
(c) The informal bids for public projects shall be awarded by the City Council and signed by the Mayor or by City Council designee.
(d) If all bids received are in excess of $200,000 (two hundred thousand dollars), the City Council may, by adoption of a resolution of four-fifths vote of the members of the Council, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) or less, to the lowest responsible bidder, if it 8 determines the cost estimate of the public agency was reasonable. (3) Formal bidding procedures. Public projects of more than two hundred thousand dollars ($200,000.00) per section (C)(3), above, shall be awarded pursuant to formal bidding procedures to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below.
(a) Notice Inviting Formal Bids. The following are required:
(i) Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
(ii) Publication of Notice. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code Section 22037.
(iii) Electronic Transmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals as required by the Commission as specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen calendar days before the date of opening the bids.
(iv) Per Labor Code Section 1771.1, the notice must state that a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on a project unless it is registered and qualified under Labor Code Section 1725.5.
(b) Instructions to Bidders – The Notice Inviting Formal Bids should also identify the contract documents to be considered, the availability of information, any scheduled pre-bid meetings, bid protest procedures, addenda, and any other procedures to be followed for bids to be considered.
(c) Bid Package – The bid package should include the following:
(i) The proposal form.
(ii) Submission of sealed bids.
(iii) A public bid opening.
(iv) Award to the lowest, responsive and responsible bidder. (v) City reservation in notice inviting bids of the right to reject any or 9 all bids and to waive minor irregularities.
(vi) Award and execution of a written contract.
(vii) Reference to applicable state or federally funded project requirements.
(viii) Bid security.
(ix) Performance and Payment Bonds.
(x) Listing of subcontractors.
(E) Authority to Prepare and Issue Notice Inviting Bids.

The Purchasing Agent or designee is authorized to prepare and issue notices inviting bids and to establish such additional bidding procedures which must be consistent with those stated herein. (F) Prohibition against splitting or separating projects.

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this Purchasing Ordinance requiring work to be done by contract after competitive bidding. Under Public Contract Code Section 22033 “It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.”
(G) City Council Authority to Reject, Re-advertise, or Otherwise Award. (1) In its discretion, the City Council may reject any and all bids presented under the informal and formal bidding procedures described above for public projects, if the City, prior to rejecting all bids furnishes a written notice to the apparent low bidder. The notice shall inform the bidder of the City’s intent to reject the bid and shall be mailed or emailed at least two (2) business days prior to the Council meeting at which the City intends to reject the bid. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the City shall have the option of either of the following:
(a) Abandoning the project or re-advertising for bids in the manner described in this Section 2-4.06.
(b) By passage of a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by the employees of the City, the City may have the project done by force account without further complying with this Section 2-4.06.
10 (2) If the contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two (2) or more bids are the same and the lowest, the City may accept the one it chooses.
(3) If no bids are received through the informal or formal bidding procedures described above, the project may be performed by employees of the City by force account or by informal bidding procedures set forth above.
(H) Emergency.
(1) In case of an emergency regarding a public project which requires formal bidding procedures, the City Council may pass a resolution by a four-fifths vote declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify findings as required in Public Contracts Code Section 22050.
(2) “Emergency” as used in this section means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. (I) Written Contracts Required.

All contracts for public projects shall be in writing; all amendments to contracts shall be in writing. The City Manager or his or her designee shall work with the City Attorney to ensure that the contract includes language protecting the City’s interest and language required by law. This language shall include, but is not limited to specified term, scope of services, termination language, insurance, warranties, indemnification, non-collusion, contractor license, security, bonds, liquidated damages, change orders, retention, delays, claims process, prevailing wages, and compliance with applicable laws.
(J) Change Order Limits for Public Projects.

The award of contracts for public projects shall include a recommended contingency amount not to exceed 15% (fifteen percent). Any change order must be reasonably related to the scope of the original contract and based on post-award information that requires modification based on unforeseen conditions or by mutual agreement of the parties. Any change order which results in a total contract amount greater than the limits in this provision shall require City Council approval.
2-4.07 EXCEPTIONS: COOPERATIVE PURCHASING AGREEMENTS AND PIGGYBACK PURCHASES.
(A) Cooperative Purchasing.
11 The City, through the Purchasing Agent, may purchase supplies, equipment, or services through a joint powers or other cooperative purchasing program with any local, county, state, or federal public entity or entities, or any association of public agencies, including the California League of Cities, the California State Association of Counties, and the National Conference of Mayors, provided that:
(1) The selected bidder was selected in compliance with the competitive bidding or proposal process requirements of any participating entity or association; and (2) The Purchasing Manager determines that the competitive bidding or proposal process utilized is similar to that contained in this Chapter; and (3) The Purchasing Manager determines that, as a result of cooperative purchasing, the price of the supplies, equipment, or services is likely to be lower than it would be if purchased directly by the City pursuant to this Chapter.” (B) Information Technology Goods and Services.

In accordance with Public Contract Code Section 10299, the City, through the Purchasing Agent may, without formal or informal bidding, contract with suppliers who have been awarded contracts by governmental entities for the purchase of goods, information technology, and services under the competitive process in Public Contract Code Sections § 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The City may make these purchases directly from the vendors or the state may provide assistance to the City in making these acquisitions.
(C) “Piggyback” Purchasing.

The City may utilize the purchasing practice commonly referred to as “piggyback” purchasing.

The City, through the Purchasing Manager, may purchase supplies, equipment, or services, without complying with the bidding or proposal procedures in this Chapter, from any supplier who offers the supplies, equipment, or services at the same or better price, terms, and/or conditions as the supplier previously offered to another city or other public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that city or other public agency, provided that:
(1) The competitive bidding or proposal process required by that city or other public agency is similar to that contained in this Chapter; and (2) The competitive bidding or proposal process required by that city or other public agency included all known bidders; and
(3) The supplier’s bid or proposal was for like or greater quantities, and a like or greater quality, of supplies, equipment, or services.
12 2-4.08 SOLE SOURCE PURCHASES.
(A) In the event that there is one, and only one, source for a product of $6,000 (six thousand dollars) or more, a sole-source purchase may be used. When a department wishes to make a sole-source purchase, it must make the findings set forth below in writing and file such certification with the Purchasing Agent for the Purchasing Agent’s approval. In order to establish a legal basis for a sole-source exception, the following statements and findings must be made:
(1) A statement describing every unique or specialized feature of the product in question;
(2) A statement of the Department Director’s efforts to locate all possible suppliers of such product;
(3) A statement that, in spite of its efforts, the Department Director has been able to locate only one supplier of the product in question;
(4) A statement that indicates the ultimate cost of the product and the process used to determine the cost of the product;
(5) A finding that it is, therefore, proper for the City to dispense with a competitive bidding requirement and to authorize the City to purchase the product in question under the sole-source exception; and/or
(6) A disclosure statement of the Department Director and each individual involved in evaluating and/or in making a recommendation for the purchase. (B) If the purchase exceeds the City Manager’s monetary authority to contract, a resolution making the findings set forth above must be submitted with the staff’s request for award of a sole source contract by the City Council.
2-4.09 PREVAILING WAGES AND PUBLIC WORKS PROJECTS.
(A) This section applies to prevailing wages under local and state law. The requirements for prevailing wages under the federal Davis-Bacon Act are separate and should be reviewed separately as required by applicable federal funding sources. Under California Labor Code Section 1771, all work performed under contract for “public works” projects of more than $1,000 shall be subject to prevailing wages. The Labor Code defines the term “public works project” broader than the Public Contract Code defines “public project” as per Section 2-4.06 above.

There may be instances in which bidding is not required but payment of prevailing wages is required.
(B) “Public Works Project” for the purpose of state prevailing wages means:
13 (1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part from City funds. For purposes of this paragraph, “construction” includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems; (2) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds;
(3) Street, sewer, or other improvement work done under the direction and supervision of the City;
(4) Hauling refuse from a public works site to an outside disposal location; or (5) Maintenance work, including routine, recurring, and usual work for the preservation of a City-owned or operated facility, and landscape maintenance work per Labor Code Section 1771.
(C) Prevailing wage requirements do not apply to work performed by the City with its own forces.
(D) The City Manager is authorized to establish guidelines for implementing prevailing wages requirements that are consistent with this section and with the Labor Code. (E) The City Manager shall designate a person to comply with the contractor registration requirements on all contracts requiring prevailing wages. 2-4.10 REQUESTS FOR PROPOSALS AND REQUESTS FOR QUALIFICATIONS Procurements under a Request for Proposal (RFP) or Request for Qualifications (RFQ) are appropriate for services that are not subject to legal public bidding requirements. Such procurements may include consulting services, professional services, and maintenance services as described in this section.
(A) RFP or RFQ.

If there are no statutory or funding condition requirements that specify use of an RFP or RFQ, selection is based on the nature of the procurement. For example, an RFP is generally the preferred option for project-based procurement where the specific scope of services is known in advance and one of the primary criteria will be the best lump sum price for providing services (although experience and qualifications may also be considered). An RFQ is often preferable for ongoing or on-call professional or consulting services where there is not a single, defined project 14 and the qualifications and experience of the consultant are the primary criteria (although hourly rates may also be considered).
(B) RFP/RFQ REQUIRED.
(1) Architectural and Engineering Services. Per Government Code Section 4529.12 all architectural and engineering services shall be procured pursuant to a fair, competitive selection process. Therefore, an RFP/RFQ process must be followed. The term “architectural and engineering services” includes all architectural, landscape architectural, environmental, engineering, land surveying, and construction project management services. (See Government Code Section 4529.10) (2) Design-Build. An RFQ and RFP must be used if the City adopts an ordinance for design-build procurement under Public Contract Code Section 22160 et. seq. (3) Funding Source Requirement. The City shall comply with County, State, or Federal funding source requirements for use of an RFP/RFQ.
(4) Master Service Agreements. Master Service Agreements may be entered into with specific vendors for support services on an “as needed” basis pursuant to an RFP process.
(C) RFP/RFQ NOT REQUIRED.
(1) Professional/Consultant Services. The City may contract with any specially trained and experienced persons, firms or corporations for special services and advice in financial, economic, accounting, legal or administrative services. Selection shall be on the basis of demonstrated competence, on the professional qualifications necessary for the satisfactory performance of the services required, and at a fair and reasonable price to the City. To obtain the best competitive value for services, the City may employ an RFP or RFQ process dependent on nature of the services, complexity, estimated cost, and immediate needs as determined by the City Manager.
(2) Routine Supplies/Equipment. Procurement of routine supplies or equipment where best price is the only objective, there is no need to use an RFP/RFQ. A clear and specific request for price quotes or informal bidding requirements per Section 2-4.05 of this Code is often the most efficient procurement method for obtaining the best price for goods except that factors other than low price may be considered. However, the City may choose to use an RFP/RFQ process.
2-4.11 CONFLICT OF INTEREST.

No person shall recommend, participate in any contract evaluation, selection, purchase, or lease which would constitute a conflict of interest defined in the City Conflict of Interest Code or 15 applicable state law.

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

SECTION 4. Severance. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 5. Publication. Upon passage, this ordinance, or a summary of the same shall be published as required by law.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.
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CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING
ACT FREQUENTLY ASKED QUESTIONS (FAQs)
These FAQs have been compiled to assist agencies that are participating in the California Uniform Public Construction Cost Accounting Act (the Act), as contained in Public Contract Code (PCC) Section 22000, et seq. All references are to PCC, unless otherwise stated.

1. What is the Uniform Public Construction Cost Accounting Act? The Act is legislation that was enacted in 1983 to help promote “uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state” (Section 22001). The Act is a voluntary program available to all public entities in the State, but it applies only to those public agencies that have “opted in” to the provisions set forth by the Act using the processes outlined in the Act. The entirety of the Act is found at Sections 22000-22045.

2. What are some of the key provisions of the Act?
The Act allows for public project work in the amount of $60,000 or less to be performed by a public agency’s force account using the public agency’s own resources, or by negotiated contract, or by purchase order (Section 22032(a)).

Public projects in the amount of $200,000 or less may use the informal or formal bidding procedures set forth in Section 22032(b) or (c) of the Act.

Public projects at a cost of more than $200,000 must use formal bidding procedures to let the contract pursuant PCC Section 22032(c).

3. What are the benefits of the program?
 Increased force account limit for public agencies;
 Simplified bidding for projects that are $200,000 or less;  Reduced number of formal bids based on project size; and  Expedited contracting for projects under $200,000.

Many participating agencies appreciate the program because it has given them more leeway in the execution of public works projects under a certain dollar amount; sped up the award process; expedited project delivery; reduced the time, effort, and expense associated with bidding projects under $200,000; and simplified administration for those projects. Few agencies have experienced challenges with the accounting requirements and overhead provisions. Moreover, adjustments, when required, have been relatively simple; most required procedures were already in place, so there were few, if any, major changes to existing operations. The current Standard Accounting Codes Structure satisfies reporting requirements when used properly. 2 | P a g e
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4. Is the Uniform Public Construction Cost Accounting Act mandatory for public agencies?
No. The Act is a voluntary program requiring a public agency to “opt in” using the process outlined in the Act.

5. How does a public agency become subject to the Act?
The governing body must elect by resolution to become subject to the Act and must file a copy of the approved resolution with the State Controller’s Office (Section 22030). Sample documents are available at:
http://www.sco.ca.gov/ard_cuccac.html. Once an agency has opted into the Act, it will remain a part of the program.

6. May a public agency withdraw from the Act?
Yes. An agency may withdraw from the Act by filing with the State Controller’s Office an approved resolution of the agency’s election to withdraw that was made during a public meeting of the agency’s governing body.

7. Must a participating agency “opt in” to the Act annually? No. Once a participating agency “opts in” to the Act, the agency remains subject to the Act until it “opts out” of the Act.

8. What is the California Uniform Construction Cost Accounting Commission? The Commission was created to administer the Act, per Section 22010. It consists of 14 members: 13 members appointed by the State Controller and the License “A” member of the Contractors’ State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The Commission members receive no salary, but are eligible for reimbursement of their direct expenses related to the Commission.

9. What are the Uniform Public Construction Cost Accounting Procedures? These procedures are to be used for tracking costs for work performed by an Agency’s own forces on a “project” as defined by the Act (Section 22002(c)).

The procedures do not apply to operations or maintenance work, or any work that meets the criteria listed in Section 22002(d).

These procedures are intended to capture and record all direct and indirect labor, materials, equipment, subcontractors, and supervision costs, as well as the appropriate overhead costs for the public agency associated with each “project” it performs with its own forces. The procedures follow industrystandard accounting methods, and in many cases are not much different from those already in place at most agencies. Sample forms are available in the CUCCAC Cost Accounting Policies and Procedures Manual at http://www.sco.ca.gov/Files-ARD-Local/CUCCAC_Manual.pdf School districts may use the Standard Accounting Code Structure to comply with tracking requirements.
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10.Are the cost accounting procedures applicable for agencies whose work forces perform only maintenance tasks as defined in the Act and that contract all of their public projects to third parties?
No. The cost accounting procedures are applicable only for agencies that perform public project work such as construction and alteration by force account or otherwise. As maintenance does not constitute a “project” under the Act, the cost accounting procedures do not apply.

11.When are participating agencies required to advertise if they choose to maintain a list of qualified contractors?
At least once per calendar year, each Public Agency that has elected to become subject to the Act and intends to use the notice provisions outlined in Section 22034(a) must establish a new list or update its existing list of qualified contractors by mailing, faxing, or emailing written notice to all construction trade journals designated for that Agency under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the Agency for inclusion on the Agency’s list of qualified bidders for the following twelve (12) months. Effective January 1, 2016, a participating agency can choose a specific date of their choice in which to renew its list of qualified contractors.

12. May an agency that chooses to maintain a list add a contractor to the list at any time during the year?
Yes.

13.What is meant by the term “qualified contractors” as used in section 22034(a)(1) of the Act?
Qualified contractors are contractors licensed by the State to perform the subject work. The Commission has determined that nothing in the Act prohibits a participating agency from using additional objective pre-qualification standards in the formation and maintenance of their Qualified Contractors Lists if they so desire.

14. How can a contractor get on an agency’s list of contractors? The California Uniform Public Construction Cost Accounting Commission’s webpage has a list of agencies that are participating in the California Uniform Public Construction Cost Accounting Act (CUPCCAA). Please contact each agency directly to let them know you would like to be on their list of contractors. For a list of participating agencies, please see the “Participating Agency Lists” header at the following link:
https://www.sco.ca.gov/ard_cuccac.html
More detailed instructions for contractors can be found in Section 1.04.01 of the Cost Accounting Policies and Procedures Manual
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15.Can a public agency disqualify or exclude certain contractors from the Qualified Contractors List required in Section 22034(a)(1)?
Agencies may disqualify contractors from Qualified Contractors Lists when the contractors fail to furnish information to meet the minimum criteria as established by the Commission.

16. For agencies that do not maintain an informal bidders list, are they allowed to choose who would get notifications of projects?
No. Section 22034(a)(2) provides for notifications to construction trade journals and exchanges in lieu of sending notifications to contractors on an informal bidders list. An agency may send notices to selected contractors provided it has also met the advertisement requirements of Section 22034(a).

17.What is the difference between “qualifying contractors” under the Act and “prequalification of contractors” by school districts under Section 20101? Qualifying contractors is a process that allows contractors to register with a public agency for notification of public works opportunities. The prequalification process under Section 20101 is a more complex process that requires a standardized questionnaire and evaluation of contractors using standard scoring criteria. The prequalification process is applicable under the Local Agency Public Construction Act, and does not apply to the Uniform Public Construction Cost Accounting Act.

18. Does a contractor have to be on an agency’s contactor list in order to perform projects less than $60,000?
No, any public project less than the $60,000 informal bidding threshold can be performed by employees of the public agency, by negotiated contract, or by purchase order. An agency’s list of contractors is only required to be alerted of projects that surpass the informal bidding threshold.

19. Must a public agency a) notify contractors about public projects if the contractors are believed to not have the skills, credentials, or experience to perform the work required for the public project; and b) consider bids submitted by contractors that the public agency believes do not have the skills, credentials, or experience to perform the work?
a)Yes. If a contractor is on the Qualified Contractors List, the contractor must be notified by the agency of public projects for which he or she is licensed to perform (Section 22034(a)(1)).
b)All bids received must be considered, unless an agency makes appropriate legal findings that a contractor is not legally responsible or his or her bid is not responsive.
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20. Does the Act allow flexibility in cases of emergency and when repair or replacements are necessary to permit the continued conduct of a public agency’s operations or services?
Yes. For the purposes of the Public Contract Code, an “emergency” is defined at Section 1102 as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” The Act sets forth in Section 22035(a) how a governing body should proceed in case of emergency repairs or replacements. This section states:

In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. Section 22050 et seq., provides the emergency contract procedures to be followed in these cases.

21. Do the alternative bidding procedures apply only to public projects as defined in Section 22002(c)?
The alternative bidding procedures apply only to work that constitutes a “public project” as defined in Section 22002(c) and has a construction cost within the limits described in Section 22032. The alternative bidding procedures are not required for the purchase of goods or materials that are not part of a “public project.”
However, as outlined in Section 22003, a participating agency may also use the alternative bidding procedures when contracting for maintenance or other work that does not fall within the definition of a “public project” if it so chooses.

22.What will membership in the Act cost my agency?
Nothing. There are no membership fees or dues. However, the Commission does accept grants to assist it in carrying out its duties (Section 22015(c)).

23.What are the most common concerns addressed by the Act? These are:
 Cost accounting policies and procedures;
 Informal bidding procedures; and
 Accounting procedures review.

Cost accounting requirements for the Act follow those common to the construction industry. The informal bidding on public projects up to $200,000 is seen by agencies as an effective tool to expedite completion of small projects. While an accounting procedures review could potentially hold up a 6 | P a g e
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project for a minimum of 45 days pursuant to Section 22043(c)(1), these types of reviews have been rare in the Commission’s history.

24. Must an agency calculate an overhead rate to apply the accounting procedures?
No. Cities with populations of less than 75,000 must assume an overhead rate equal to 20% of the total costs of the public project, including the costs of material, equipment, and labor (Section 22017(b)(1)). Cities with a population of more than 75,000 may either calculate an actual overhead rate or assume an overhead rate of 30% of the total costs of a public project including the costs of materials, equipment, and labor (Section 22017(b)(2)).

25.When a public entity opts into the Act, does the Act supersede other contracting legal requirements such as statutory requirements for performance bonds, prevailing wages, and certificates of insurance, etc.? No. The Act supersedes only the bidding procedures used once a public agency has opted into the Act and has notified the Controller. All other contracting requirements of the PCC remain applicable.

26.Can a public agency claim to be to be exempt from following all of the requirements in Public Contract Code by claiming it only has to follow the language and procedures within the Act?
No. The Act is part of the Public Contract Code; therefore, if the Act is silent on a particular matter, then the Public Contract Code applies on that matter.

27. If public agencies are not following the advertising requirements in the Act, will the Commission address those agencies? Can a complaint be brought to the Commission?
Yes. Recent legislative changes have expanded the Commission’s authority to enforce provisions of the Act. The Commission may review complaints filed by interested parties when evidence is provided that:
 The participating agency performed work after rejecting all bids, claiming it could do the work less expensively (Section 22042(a)).
 The work performed exceeded the force account limits (Section 22042(b)).  The work was improperly classified as maintenance (Section 22042(c)).  A public agency did not comply with the informal bidding procedures set forth at Section 22034 (Section 22042.5).

28.Section 20112 specifically requires school districts to advertise twice for a twoweek period, while Section 22037 requires advertising once, 14 days in advance of the date of opening of bids. How do participating school districts reconcile this conflict?
When the Act is in conflict with any other section in the Public Contract Code, the Act shall supersede. The Act requires advertising once, 14 days in advance of the date of opening of bids. Districts participating in the Act may choose to maximize their outreach by advertising twice.
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29. May a public agency contract separately for like work at the same site at the same time using the under $60,000 Force Account method? No. Section 22033 states:

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.

Separating “like work” would be permitted only if the total of all the “like work” is less than $60,000. If the work is more than $60,000, it must be advertised and bid according to the provisions of the Act (i.e. bid informally if the total amount is less than $200,000; bid formally if the total amount exceeds $200,000).

30. May a public agency bid out two separate projects that occur at the same time and site, but are different types of work?
Yes. There is no violation if the work is competitively bid. If an agency wishes to use the negotiated or informal bidding processes, it must apply the appropriate limits to each of the projects. Each project must be separate in scope. Projects may not be separated by trade to avoid bidding. If the total of all jobs is greater than $60,000 then the informal or formal bid limits apply.

31.Can an agency separately bid out for the materials and supplies on a project to avoid contractor markup and then bid out for the installation labor or perform installation with its own forces?
An agency may separately procure the materials and supplies for a project; however, all costs (materials, supplies, labor) of a project must be included in the project cost estimate to determine whether the project falls within the force account, informal bid, or formal bid thresholds.

In addition, if installation is performed by force account, an overhead rate must be applied to all direct costs of the project and included in the cost estimate. For example, if materials/supplies cost $50,000 to procure separately and the estimated labor cost to install is $25,000, the project could not be performed with force account, but would fall within the informal bid threshold because the total cost estimate is $75,000.

32. Must a value be assigned to the volunteer labor when the California Conservation Corps or another volunteer organization provides labor on a public project?
No. Volunteer labor from volunteer organizations does not need to be included as a cost of a public project for bid limit purposes as long as no costs are associated with the volunteer labor.
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33.By opting into the Act, does a public agency automatically bring all of its component divisions or departments into the Act?
Yes. When a public agency elects to become subject to the uniform construction cost accounting procedures, the entire legal entity is considered subject to the Act and no divisions or departments are exempt.

34.When a public agency opts into the Act, does it automatically bring all districts under control of its governing Board into the Act?
No. Special Districts, which are governed by a board of supervisors or city council, are subject only if a separate election is made for each special district.

35. PCC 22034 requires that participating agencies adopt an Informal Bidding Ordinance. What do schools and special districts that cannot adopt Ordinances do to comply?
Agencies that do not have the ability to adopt Ordinances should discuss Section 22034 compliance with their legal counsel.

36.Are change orders allowed by the Act, and if so what is allowable? What if a change order goes over one of the allowed thresholds?
The Act does not address change orders. Please consult with your agency’s legal counsel regarding any limitation on change orders that may apply to your agency.

37. Is there any training related to the Act? If so, where can I find a list of where the training is offered?
SCO has information regarding the Act on the SCO/CUCCAC website, including the current Cost Accounting and Procedures Manual. Often, commissioners are willing to provide training, answer questions, and/or give a presentation in order to assist agencies in getting the full benefits of participating in the Act.

38. The Act states that public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. However, the Department of Industrial Relations (DIR) states any project over $1,000 has to pay prevailing wages. How do the Act and DIR guidance work together?
The Act and DIR are completely separate and govern different aspects of public projects. The Act focuses on bidding related to public projects and DIR deals with wages paid by contractors on public projects. However, they may relate in that if prevailing wages are not paid on a public project, that could potentially impact the total cost of a project which would require a different bidding process utilized under the Act.
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Additional inquiries and questions may be directed by email to [email protected], or by regular mail to:

State Controller's Office
Local Government Programs and Services Division
Local Government Policy Section
P.O. Box 942850
Sacramento, CA 94250

REPORT TO CITY COUNCIL
Approved by: Council Meeting of December 7, 2022
_________________________________ Agenda Number: ___________ Matthew Watson, Chief
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Compliance with Senate Bill (SB) 1205; Fire and Life Safety Inspections RECOMMENDATION:

Receive an update on the City’s efforts on becoming compliant with SB 1205 and provide direction, if any.

SUMMARY:

Currently, the City conducts pre-occupancy inspections as part of the building permit process and new business licenses. The City does not conduct post-occupancy inspections. This report outlines the efforts to commence the latter inspections in compliance with SB 1205.

DISCUSSION:

In 2016, the State experienced several fatality fires. One of the most infamous fires, the Ghost Ship warehouse fire, where a former warehouse was illegally converted to residential uses, killed 36 people in Oakland. Following the fire, multiple lawsuits resulted in both civil and criminal charges. Oakland paid over $32 million, while the property owners and event sponsor paid over $16 million. The event sponsor was also sentenced to 12 years in prison.

In response, Senator Hill introduced SB 1205, which became effective in 2019, requiring that fire departments conduct inspections and submit pertinent reports to State.

The purpose of annual fire and life safety inspections is to mitigate known hazards, reduce risk to the community and ensure reasonable compliance with the Fire Code. SB 1205 added mandatory inspection and reporting requirements per Sections 13146.2, 13146.3, and 13146.4 of the State’s Health and Safety Code. More specifically:

E-1
VlllEY CENTRll
 Section 13146.2 mandates that the local fire department inspect all hotels, motels, and lodging houses annually.
 Section 13146.2 also mandates that the local fire department inspect all apartment buildings except dwelling units. An apartment shall consist of three or more attached units and excludes all duplex-style buildings.
 Section 13146.3 also mandates that the local fire department inspect all public and private schools once annually.

Per the Fire Code, buildings subject to inspection include Occupancy Classes R & E:
 Schools, public and private
 Apartments with three or more units
 Hotels/Motels
 Lodging houses, including several residential care facilities While daycare homes, defined as six or fewer children, are not included on the state-mandated inspection list, staff recommends that they be included as part of the original inspection list, considering that they involve children.

POST-OCCUPANCY INSPECTION HISTORY
A review of readily available records, combined with discussions with former Fire Department personnel, staff determined that:
 Prior to 1980, the City conducted inspections for businesses, schools, and apartments.

While records are sparse, inspections were performed by a full-time captain; however, said inspections ceased around 1980 due to a lack of funding.  In the mid-1980s, under Chief Larry Sunia, the City reestablished the Battalion Chief (BC) position when it recruited Doyle Patterson. BC Patterson managed the inspection program by employing the two engine companies to conduct said inspections.  As the City grew, two BC positions were added to assist with the program and department management, including:
o BC Patterson managed the inspection program
o BC Nick Beck oversaw training with shift coverage
o BC Marvel Giddings served as a shift BC
o Two office technicians supported the department
Due to budget constraints, inspections ceased in 1993. Since then, the City has not conducted post-occupancy inspections.

NEXT STEPS
As with any new program, staff anticipates an iterative process, with overlap amongst tasks.

The following is a list of functions (in no particular order):

A. Developing a program
B. Conducting Inspections
C. Selecting a software program
D. Establishing an inspection fee
The following provides a synopsis of each task.

A. Developing a Program
Until recently, the City operated with three fire stations and one BC (Garcia). BC Garcia covered Sunday, Monday, and Tuesday. As part of the 2022/23 Budget, Council added a second BC position. In October, BC Duran was hired and covers Wednesday, Thursday, and Friday. The City lacks BC coverage on Saturdays.

BC Duran is drafting a program that will result in a streamlined and efficient system in terms of tracking and reporting. It is estimated that there are over 400 buildings that are subject to annual inspection, in addition to the over 1,700 inspections to be completed annually and bi-annually when all commercial structures are added.

B. Conducting inspections
Similar to most communities, the City will be separated into regions based on fire station location. Each Engine company will perform inspections, while BC Duran will provide training and oversight. Having Engine companies conduct inspections will:
 Eliminate the need to hire additional inspectors
 Maintain the cost to a minimum, given that firefighters will not work extra hours.

Instead, inspections will be incorporated into their everyday duties  Help introduce Fire personnel to community members
 Will allow Fire personnel to familiarize themselves with structures in the unfortunate scenario they need to respond to an emergency

C. Selecting a Software Program
After extensive research, it appears that a digital web/application-based program would best serve the community’s needs. This was decided after considering factors ranging from accuracy in record keeping, workflows preparing inspection reports, and ease of billing and payment retrieval.

Currently, staff is in the process of receiving bids on such services from vendors. This also includes demonstrations of the program and reviews from their clients to determine the best option.

D. Establishing an inspection fee
Per Health & Safety Code Section 13146.3 (b), staff is preparing an inspection fee to allow the City to recoup its expenses. More specifically, this section states:

A city, county, or City and county fire department or district that, or the State Fire Marshal or the State Fire Marshal’s authorized representative who inspects a structure pursuant to subdivision (a) may charge and collect a fee for the inspection in an amount sufficient to pay the costs of that inspection.

The proposed fee requires Council action. Thus, this item will be brought for consideration at a future Council public hearing.

IMPACT ON THE COMMUNITY
The inspection program will undoubtedly impact the community, including but not limited to the following:
 Creating a safer environment by ensuring that businesses and apartments will be inspected for proper egress (e.g., exiting)
 Verify that businesses provide proper door hardware/handles, signage, door swings, pathway illumination, certified fire extinguishers, etc.  Verify that apartments provide smoke alarms and carbon monoxide detectors  Confirm that doors are clear, including signage and striping It is acknowledged that some inspections will result in businesses and apartment complexes having to make improvements which may be costly (italics added for emphasis). However, the goal of any inspection should be the cooperative maintenance of a fire and life-safe environment.

This is accomplished by ensuring that fire codes are adhered to, and that any compromising situation is corrected appropriately. Moreover, most costs, sans the inspection fee, will be to bring businesses into compliance with required life and safety requirementsrather than punitive.

In the rare situation where a business or property owner is unwilling to provide entry or take corrective action, the City may take a more aggressive approach where penalties may be imposed.

FINANCIAL IMPACT:

As part of the City’s 2022/23 budget, a second BC was added at $220,000. The primary goal of the second BC is to commence the inspection program; however, Engine companies will assist.

There is no additional cost to the City to deploy Engine companies considering that they are included in the City’s annual contract, and additional resources are not required. Other expenses include computer software, postage, travel costs, etc. Some of this cost will be recovered as part of the cost recovery program being developed.

ALTERNATIVES:

The Council may direct staff to return with additional information; however, State law requires that the City commence inspections.

ATTACHMENTS:

1. None

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 7, 2022
_________________________________ Agenda Number: ___________ Jamie Hickman, Interim Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational report on the Fresno River Emergency Cleanup RECOMMENDATION:

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

On Tuesday, May 17, 2022, a fire started behind the Lowe’s on the north side of the Fresno River.

Unfortunately, two homes were lost while others suffered some damage. To combat the flames, which were aided by strong winds, Engine companies from the City, County, Merced County, City of Fresno, and Cal Fire crews assisted. Immediately following the fire, the City, with the assistance of the Madera Irrigation District (MID) and Cal Fire, commenced clearing the river.

DISCUSSION:

Considering the enormous task and the City’s inability to secure proper equipment due to supply chain challenges, staff contracted with Lite On The Land (LOTL), a private company, to eliminate dry wood and other materials that could fuel a fire adjacent to homes that were lost. After the initial project, it became apparent that the same conditions existed along different parts of the river. Considering the previous fires and their costs, coupled with the hot, dry summer conditions, staff determined that the situation required immediate action. In addition to removing dry brush, which provides fuel for fires, an effort was also made to remove trash and debris, including numerous illegal structures throughout the river. LOTL deployed two masticators, one of which was attached to a skid steer, and the other was an excavator, both of which were on tracks. It is noted that the the City only has a skid steer on tracks but does not possess a masticator. Without the assistance of LOTL, progress would have been significantly slowed.

E-2
Given the situation’s urgency, staff did not prepare a formal Request for Proposals. Instead, staff determined that the situation was urgent and contacted numerous private companies. LOTL was available, had experience, and was reasonably priced. The purpose of this report is to keep the Council apprised of the costs of the clean-up efforts, which includes:
▪ LOTL charged $89,250, which included fuel, personnel, and transportation. ▪ MID provided their services free of charge
▪ Cal Fire provided their services free of charge while deploying up to 34 individuals for a couple of days. In addition, Fire Engine companies assisted for the duration of the cleanup.
▪ California Conservation Corps assisted cleared the grounds underneath the bridges at no cost, sans the purchase of equipment and training
In short, staff was extremely pleased with LOTL. Their services proved invaluable, and the City is fortunate that they were willing to assist on such short notice.

FINANCIAL IMPACT:

The cost to retain LOTL was $89,250, which was paid via the City’s General Fund.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: December 7, 2022
Agenda Number:

Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

City Council Oaths of Office and Annual Reorganization
RECOMMENDATION:

That the City Council:

1. Conduct the Swearing In Ceremony and Oaths of office for Councilmembers Cecelia “Cece” Gallegos (District 1), Steve Montes (District 3), Elsa Mejia (District 5); and

2. Approve a Minute Order making the appointment of Mayor Pro-Tem to serve a one-year term.

SUMMARY:

On August 24, 2022, the Council exercised its authority under California Elections Code Section 10229 to cancel the General Municipal Election scheduled for November 8, 2022 and appoint the sole candidate for each District office. The oaths of office may now be administered to Cecelia “Cece” Gallegos, Steve Montes, and Elsa Mejia.

Under Government Code Section 36801, following installation of newly elected officials, the Council is to select one of its members as Mayor Pro-Tem.

DISCUSSION:

City Council Terms
The City Council called a consolidated General Municipal Election on November 8, 2022, for the purpose of electing Councilmembers to Districts 1, 3, and 5. The period for nominating candidates closed on Friday, August 12, 2022, with only one candidate each being nominated to Council Districts 1, 3, and 5. The City Clerk issued a “City Of Madera City Clerk Certification That There Are Not More Candidates Than Offices To Be Elected” and published a notice in the newspaper Reorganization-1
as required by Elections Code. The Clerk’s Certification also provided that the Council would have a special meeting to determine whether to make direct appointments or hold the election. On August 24, 2022, Council adopted Resolution No. 22-140 appointing the following Councilmembers to office for a term of 4-yearsserve exactly as if elected; Cecelia “Cece” Gallegos (District 1), Steve Montes (District 3), Elsa Mejia (District 5), and cancelling the City’s November 8, 2022, General Municipal Election.

Table 1: Councilmember Terms
Councilmember Term Expires
Councilmember Gallegos 2026
Councilmember Rodriguez 2024
Councilmember Montes 2026
Councilmember Evans 2024
Councilmember Mejia 2026
Councilmember Villegas 2024
Mayor Garcia 2024
Mayor Pro Tem Term
The process for selection of Mayor Pro Tem is outlined in attached Resolution No. 12-210. Priority is given to members who have not served as Mayor Pro Tem. Councilmember Mejia has not yet served as Mayor Pro Tem; therefore, this qualifies her to serve.

Table 1: Councilmember Terms
Mayor Pro Tem Year Served
Councilmember Gallegos 2017
Councilmember Rodriguez 2018
Councilmember Montes 2019
Mayor Garcia 2020
Councilmember Villegas 2021
Councilmember Evans 2022
Councilmember Mejia Has not served
FINANCIAL IMPACT:

The Council, the government body of the City, is a general law City where Councilmembers receive a monthly stipend of $500, plus they are eligible to receive healthcare similar to City employees. Moreover, the Mayor Pro Tem role does not receive any additional compensation and benefits above and beyond those enjoyed by remaining Councilmembers.

ATTACHMENTS:

1. Resolution 12-210
RESOLUTION NO. 12-210

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

CALIFORNIA ESTABLISHING A TERM FOR THE OFFICE OF, AND A

SELECTION PROCESS FOR MAYOR PRO TEMPORE AND REPEALING
RESOLUTION NO. 98-90
WHEREAS, Government Code section 36801 requires forth that cities shall, after declaration of election results and installation of elected officials, select a Mayor and Mayor Pro Tempore; and
WHEREAS, the City Council adopted Resolution No. 98-90 setting forth the method and criteria for selecting the Mayor and Mayor Pro Tempore; and WHEREAS, Section 2-1.22 of the Madera Municipal Code was added on May 19, 2010, setting forth that the mayor shall be elected by the voters of the city at large; and WHEREAS, the selection procedure identified in Resolution No. 98-90, which includes a selection procedure for the mayor, is obsolete in part, and is in need of updating; and WHEREAS, the City Council now wishes establish a procedure for the selection of a Mayor Pro Tempore.

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

The above recitals are true and correct.

2. Commencing the month of December of 2012, the City Council shall, at its first regular meeting in the month of December, meet and choose one of its members as Mayor Pro Tempore. The Council Member selected as Mayor Pro Tempore shall be chosen from such members of the Council who have not previously served as Mayor Pro Tempore unless all members have so served.

3. Where all Council Members have served a term as Mayor Pro Tempore, the person to be selected as Mayor Pro Tempore shall be the Council Member who has not served as Mayor Pro Tempore for the longest period of time. If the Council Member who has not served as Mayor Pro Tempore for the longest period of time declines the position, then the Council Member who has not served as Mayor Pro Tempore for the longest period of time other than the declining Council Member shall be selected.

4. When a selection of Mayor Pro Tempore is to be made from a Council Member who has not yet served as Mayor Pro Tempore, the person who is otherwise qualified and has served on the Council the longest without being Mayor Pro Tempore shall be selected as Mayor Pro Tempore. In the case where two or more Council Members qualified to be selected Mayor Pro Tempore have served the same amount of time without being selected, the Council Member to be selected shall be the person who received the most votes at their initial election. In the event that no Council Member who is otherwise eligible to be Mayor Pro Tempore has received the most votes at their initial election, then the selection from the eligible Council Members shall be made by drawing lots.

5. The Council Member selected to serve as Mayor Pro Tempore shall serve a one year term ending upon the selection of a new Mayor Pro Tempore at the first City Council meeting in December of the following year.

6. Resolution No. 98-90 entitled, "A Resolution of the City Council of the City of Madera, California Establishing a Term of the Office of, and a Selection Process for Mayor and Mayor Pro Tempore," is hereby repealed in its entirety.

7. This resolution shall be effective immediately upon adoption. * * * * * * * * * * * *
Res. 12-210
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of December, 2012 by the following vote:

AYES: Council Members Poythress, Holley, Robinson, Bomprezzi, Svanda, Frazier, Medellin.

NOES: None.

ABSTENTIONS: None.

ABSENT: None.

ROBERT
AJl'/4
L. POYTHrufs·s,
~ Mayor
ATTEST:

SONIAALVARE~ ~ ~
APPROVED AS TO LEGAL FORM:

CITY ATTORNEY
By: BRENT RICHARDSON