Agenda packet — Madera City Council, May 3, 2023 (part 1 of 2)

Update 4/27/2023 at 8:00 p.m. Madera City Council Agenda Page 1 of 5 May 3, 2023

Regular Meeting of the Madera City Council
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, May 3, 2023 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are 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: 882 4310 6242#. 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:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

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

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

WRITTEN COMMUNICATIONS: None
Update 4/27/2023 at 8:00 p.m. Madera City Council Agenda Page 2 of 5 May 3, 2023
PRESENTATIONS: 1. Proclamation Recognizing CASA and National Foster Care Month INTRODUCTIONS: 1. Michael Lima, Director of Financial Services

2. Ismael Hernandez, Public Works Operations Director

3. Daniel Holguin, Interim Information Services Manager 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 – March 15, 2023
Recommendation: Approve the City Council Minutes of March 15, 2023 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for April 8, 2023 to April 21, 2023 (Report by Michael Lima)
B-3 Assignment of an Account Collections Services Agreement Recommendation: Adopt a Resolution Approving the Assignment of an Account Collection Services Agreement from CB Merchant Services, Inc. to Synergetic Communications, Inc. (Report by Michael Lima)
B-4 Support Letter for Senate Bill 17 as Introduced by Senator Anna Caballero Recommendation: This report is submitted for informational purposes only, and no action is requested from City Council at this time (Report by Arnoldo Rodriguez) B-5 Letter of Support for Request for Clean California Funding for the Madera Station Relocation Project
Recommendation: This report is submitted for informational purposes only, and no action is requested from City Council at this time (Report by Arnoldo Rodriguez) B-6 Resolution Formalizing Support for Senate Bill 227
Recommendation: Adopt a Resolution Establishing the City’s Stance on Senate Bill 227 and Authorizing the City Manager to Execute a Letter of Support to the State Legislature (Report by Arnoldo Rodriguez)
B-7 Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at 1302 Pomegranate Street (APN 011-351-076)
Recommendation: Adopt a Resolution Approving a Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement (PUE) at Property Owner‘s Risk (Covenant) (Report by Keith Helmuth)
B-8 Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at 1409 Taylor Lane (APN 006-580-004)
Update 4/27/2023 at 8:00 p.m. Madera City Council Agenda Page 3 of 5 May 3, 2023
Recommendation: Adopt a Resolution Approving a Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement (PUE) at Property Owner‘s Risk (Covenant) (Report by Keith Helmuth)
B-9 Bid Package 1 – RRFB and Safety Improvements at George Washington Elementary School, AHSC Agreement No. 19-AHSC-12761, City Project No. R-94 Recommendation: Adopt a Minute Order Approving:
1) Acceptance of the Construction Bid Package 1 – RRFB and Safety Improvements at George Washington Elementary School, AHSC Agreement No. 19-AHSC-12761, City Project No. R-94; and 2) The Recording of Notice of Completion; and
3) The Release of Retention 35 days after recording of the Notice of Completion (Report by Keith Helmuth)
B-10 Amendment to the Tyler Munis Technologies License and Services Agreement for the Fire Prevention Mobile with Smart Draw System to include Licensing and Software Access and Related Budget Amendment
Recommendation: 1) Adopt a Resolution Approving an Amendment to an Agreement with Tyler Technologies, Inc. to Purchase Fire Prevention Mobile with Smart Draw System to Include Licenses, Software, and Services for $21,906 in Year 1, Plus an Annual Renewal Fee of $14,007 from Measure K; and
2) Adopt a Resolution Approving a Budget Amendment to Allow for Payment of an Agreement with Tyler Technologies, Inc. from Measure K Funds (Report by Justin Macomb)
B-11 Use Agreement with the City of Kerman for the Use of its Shooting Range Recommendation: Adopt a Resolution Approving a Use Agreement with City of Kerman for Use of Shooting Range and Authorizing the Chief of Police to sign the Agreement on an Annual Basis for up to Three Years (Report by Dino Lawson)
B-12 Appointment of City Treasurer
Recommendation: Adopt a Resolution Appointing Michael Lima, Director of Financial Services, to serve as the City Treasurer (Report by Arnoldo Rodriguez) B-13 Continuing Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms
Recommendation: Adopt a Resolution Continuing the Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms in accordance with Madera Municipal Code Title III, Chapter 2 (Report by Wendy Silva) B-14 Second Reading and Adoption of the 2022 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy, and Green Building Standards Codes Recommendation: Waive the full reading and adopt an Ordinance of the City Council of the City of Madera adopting the 2022 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy, and Green Building Standards Codes, including Appendix P of the California Building Code Update 4/27/2023 at 8:00 p.m. Madera City Council Agenda Page 4 of 5 May 3, 2023
and Appendix Z of the California Residential Code, by repealing Chapter 1 of Title IX, and adding Chapter 1 of Title IX of the Madera Municipal Code Ordinance, with the associated CEQA findings (Report by Will Tackett)
C. PUBLIC HEARINGS:

C-1 Rezone (REZ 2023-01) Property Located at 308 N. C Street Recommendation: The Planning Commission and staff recommend the City Council hold a Public Hearing, Make the Necessary Findings, and Take Actions as follows:
1) Waive full reading and introduce an Ordinance adopting a Finding of Exemption under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and rezoning the approximately 0.17 acres of property located at 308 N. C Street (APN: 007-081-014) from the C1 (Light Commercial) zone district to the R1 (Residential, one unit for each 6,000 square feet) zone district (Report by Will Tackett) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Agreement with EagleShield Pest Control for Pest Control Services Recommendation: Adopt a Resolution Approving an Agreement with EagleShield Pest Control to Provide Pest Control Services to the City for a Base Cost of $12,373 Per Year for Two Years (Report by Ismael Hernandez) D-2 Agreement between the City and Superior International Industries Recommendation: Adopt a Resolution Approving a Cooperative Purchase Agreement with Superior International Industries for McNally Park in the Amount of $244,508.42 and Rescinding Resolution No. 23-46 Approved on April 19, 2023 (Report by Joseph Hebert)
E. ADMINISTRATIVE REPORTS: None
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION:

G-1 Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.9 (d) (1)
Name of Case: Phenos of Madera, Inc. dba Phenos of Madera Cannabis Appeal Before Hearing Officer
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, May 17, 2023
Update 4/27/2023 at 8:00 p.m. Madera City Council Agenda Page 5 of 5 May 3, 2023
 Wednesday, June 7, 2023

 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as additional time may be required for the City to arrange or provide the requested accommodation.

Requests may also be delivered/mailed to: City of Madera, Attn: City Clerk, 205 W. 4th Street, Madera, CA 93637. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.

When making a request, please provide sufficient detail that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 The services of a translator can be made available. Please contact the City Clerk’s Office at (559) 661- 5405 or emailing [email protected] to request translation services for this meeting. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be submitted in advance of the meeting to allow the City sufficient time to provide or arrange for the requested services. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.
 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] .
 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 May 3, 2023, near the front entrances of City Hall and on the City’s website www.madera.gov at 8:00 p.m. on April 27, 2023. _______________________
Alicia Gonzales, City Clerk

Minutes of a Regular Meeting of the Madera City Council March 15, 2023 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are 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: 840 1595 0427#. 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: Mayor Santos Garcia
Mayor Pro Tem Elsa Mejia, District 5
Councilmember Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Hilda Cantu Montoy, City Engineer Keith Helmuth, Community Development Director Will Tackett, Division Fire Chief Justin McCombs, Fire Battalion Chief Ralph Duran, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, IS Manager Mark Souders, Director of Parks and Community Services Joseph Hebert, Planning Manager Gary Conte, Interim Public Works Director Jamie Hickman, Financial Services Manager Anthony Forestiere, Wastewater Treatment Plant Manager Gabriel Bostan, Administrative Analyst (P/W) Sergio Martinez Orozco, Assistant Engineer Jonathan Gramajo and Police Lieutenant Alicia Videgain.

INVOCATION: Pastor Marc Unger, First Baptist Church of Madera PLEDGE OF ALLEGIANCE: Councilmember Rodriguez
APPROVAL OF AGENDA:

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

NONE.

THE MOTION PASSED WITH THE FOLLOWING VOTE:

YES: 7 – COUNCILMEMBER GALLEGOS

COUNCILMEMBER RODRIGUEZ

COUNCILMEMBER MONTES

COUNCILMEMBER EVANS
Item: B-1
Minutes for: 03/15/2023
Adopted: 05/03/2023 I
City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 2 of 8

MAYOR PRO TEM MEJIA

COUNCILMEMBER VILLEGAS

MAYOR GARCIA
PUBLIC COMMENT:

William Mack of Madera Community College spoke on how the City Council denied their request to participate in the Dolores Huerta event that the college coordinated. He stated the college will be celebrating and highlighting women on March 23rd.

Brian Mata, a resident near Villa Palmilla said he is not allowed to dump his trash on the curb during curbside pick-up. He tried to leave some items on Granada Drive and the Police showed up and told him he couldn’t do so. He had to take his items to the landfill. He wants to know why he doesn’t have the same opportunity as others. Mayor Garcia asked that Mr. Mata give his contact information to staff and they would contact him with information.

Mattie Mendez, Executive Director for (Community Action Partnership of Madera County) CAPMC thanked Council and City Staff as during winter storms there is usually flooding in on Gill, Pine and Noble Streets and it didn’t happen this year with what has been one of the worst storms that has happened in Madera history.

Chief Justin McComb introduced himself as the newly appointed Assistant Fire Chief for Madera. He advised staff that he has the same contact phone number that Fire Chief Matt Watson used to have.

Olga Garcia, Vice President of the Democratic Club expressed disappointment that $2,000 was not given to Madera Community College to help with their event when thousands of dollars are given in grants each year to others.

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

WRITTEN COMMUNICATIONS: None
PRESENTATIONS: 1. City of Madera Women of the Year
Recess was called at 7:03 p.m. and Council reconvened at 7:18 pm.

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

City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 3 of 8

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER RODRIGUEZ, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

B-1 Minutes – 01/18/23
Recommendation: Approve the City Council Minutes of January 18, 2023 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for February 18, 2023 to March 3, 2023 (Report by Anthony Forestiere)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from City Council (Report by Wendy Silva) B-4 Volume License Agreement Renewal with Microsoft/CDWG for Microsoft Software Recommendation: Adopt a Resolution Approving a Three-Year Volume License Agreement between the City and Microsoft and Authorizing the Renewal Procurement of Microsoft Software from CDW-G (Report by Mark Souders)
RES 23-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING A THREE-YEAR ANNUAL VOLUME LICENSE

SOFTWARE AGREEMENT BETWEEN THE CITY OF MADERA AND
MICROSOFT/CDWG IN THE AMOUNT OF $98,547.82 PER YEAR
B-5 Encroachment into a Landscape and Public Utility Easement (PUE) for a Single-Family Home at 3 Via Cerioni (APN 009-460-002)
Recommendation: Adopt a Resolution Approving the Covenant Agreement to Allow a Limited Encroachment into a Landscape and Public Utility Easement (PUE) at the Property Owner‘s Risk (Covenant) (Report by Keith Helmuth) RES 23-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE COVENANT AGREEMENT TO ALLOW A

LIMITED ENCROACHMENT INTO A LANDSCAPE AND PUBLIC UTILITY EASEMENT AT THE PROPERTY OWNER’S RISK
B-6 Procurement of a 26 Foot Transit Bus for Madera Metro Recommendation: Adopt a Resolution Authorizing the Procurement of One Transit Bus Utilizing Federal Transit Administration Section 5307 and Local Transportation Funds in the amount of $161,000 (Report by Anthony Forestiere)
RES 23-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA AUTHORIZING THE PROCUREMENT OF TRANSIT VEHICLE UTILIZING FEDERAL TRANSIT ADMINISTRATION (FTA SECTION 5307 PROGRAM FUNDS – AWARD# CA-2022-019)
City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 4 of 8
B-7 Letter of Support for Senate Bill 37 (Caballero): Older Adults and Adults with Disabilities Housing Stability Act of 2023
Recommendation: Adopt a Minute Order Approving a Letter of Support for Senate Bill 37 (Caballero): Older Adults and Adults with Disabilities Housing Stability Act of 2023 (Report by Arnoldo Rodriguez)
B-8 Local State of Emergency Related to the Closure of Madera Community Hospital Recommendation: Adopt a Resolution Continuing to Support Madera County’s Proclamation of a Local Emergency due to the closure of Madera Community Hospital (Report by Arnoldo Rodriguez)
RES 23-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

SUPPORTING THE COUNTY'S PROCLAMATION OF THE EXISTENCE OF A

LOCAL EMERGENCY DUE TO THE CLOSURE OF MADERA COMMUNITY
HOSPITAL FOR A PERIOD OF 30 DAYS
B-9 Extend Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms
Recommendation: Adopt a Resolution Extending the Declaration Proclaiming the Existence of a Local Emergency-January 2023 Winter Storms in accordance with Madera Municipal Code Title III, Chapter 2 (Report by Keith Helmuth) RES 23-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, EXTENDING THE DECLARATION PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY – JANUARY 2023 WINTER STORMS IN ACCORDANCE WITH MADERA MUNICIPAL CODE TITLE III, CHAPTER 2 C. PUBLIC HEARINGS:

C-1 Updating Prima Facie Speed Limits on Designated City Streets in Compliance with Vehicle Code Regarding Speed Surveys on City Streets
Recommendation: Conduct Public Hearing, Waive Full Reading, and Introduce Ordinance Amending Section 3-5.08 of Chapter 5 of Title 3 of the Madera Municipal Code (MMC) to Update Prima Facie Speed Limits on City Streets (Report by Keith Helmuth)

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

NONE. ABSTAIN: NONE.

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SECTION 3-5.08 OF CHAPTER 5 OF TITLE III OF THE MADERA

MUNICIPAL CODE RELATING TO INCREASING STATE SPEED LIMIT IN

CERTAIN ZONES
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Rejection of Bids Received for the Invitation for Bids (IFB) 202122-06 (Sidewalk Repairs) Recommendation: Adopt a Resolution Rejecting the Single Bid Received for IFB 202122-06 and Authorizing the City to Perform the Project with City Staff (Report by Jamie Hickman)
City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 5 of 8

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

NONE. ABSTAIN: NONE.

RES 23-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA REJECTING ALL BIDS FOR CITY OF MADERA IFB 202122-06

SIDEWALK REPAIR VARIOUS LOCATIONS, CDBG
D-2 One-Year Contract Extension with Brandley Engineering, Inc. for Consulting Services related to the Airport and Approval of Adjusted and New Fees
Recommendation: Adopt a Resolution to Approving an Amendment to the Airport Engineering and Construction Management Services Agreement between the City and Brandley Engineering, Inc. for One-Year, including Rate Adjustments and the Addition of Positions that were not provided in the Original Agreement (Report by Jamie Hickman)

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

ABSENT: NONE. ABSTAIN: NONE.

RES 23-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 1 TO AIRPORT ENGINEERING

AND CONSTRUCTION MANAGEMENT SERVICES AGREEMENT BETWEEN
THE CITY OF MADERA AND BRANDLEY ENGINEERING, INC.

D-3 Amendment to Extend Consulting Services Agreement for Hearing Officer Services for David Austin
Recommendation: Adopt a Resolution Approving an Extension to the Agreement for Services with David Austin to serve as the Administrative Hearing Officer (Report by Arnoldo Rodriguez)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT:

NONE. ABSTAIN: NONE.

RES 23-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING A ONE-YEAR EXTENSION TO THE AGREEMENT

FOR SERVICES BETWEEN THE CITY OF MADERA AND DAVID AUSTIN FOR

ADMINISTRATIVE HEARING OFFICER SERVICES WITH THE EXPIRATION DATE OF FEBRUARY 16, 2024
D-4 Federal Transit Administration Grant Application for Transit Capital Assistance Recommendation: Adopt a Resolution Authorizing the Submittal of a Federal Transit Administration (FTA) Section 5307 Grant Application in the amount of $1,222,588 (Report by Anthony Forestiere)

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-4 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT:

NONE. ABSTAIN: NONE.

RES 23-31 RESOLUTION AUTHORIZING THE FILING OF APPLICATION WITH THE

FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 6 of 8

OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR
FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C.

CHAPTER 53; TITLE 23, UNITED STATES CODE, OR OTHER FEDERAL

STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION D-5 Department of Housing and Community Development Affordable Housing and Sustainable Communities (HCD AHSC) Program Subordination Documents for Esperanza Village Recommendation: Adopt a Resolution Authorizing Execution of Subordination Documents in Conformance with AHSC Regulatory Agreement between HCD and Downtown Madera Housing Associates, a California Limited Partnership Relating to the Esperanza Village Project (Report by Anthony Forestiere)

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-5 WAS APPROVED BY A 6/1 VOTE. NOES: NONE. ABSENT: NONE.

ABSTAIN: COUNCILMEMBER GALLEGOS.

RES 23-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING EXECUTION OF SUBORDINATION

AGREEMENTS IN CONFORMANCE WITH AFFORDABLE HOUSING AND

SUSTAINABILITY COMMUNITIES (AHSC) REGULATORY AGREEMENT

BETWEEN THE CALIFORNIA DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT AND DOWNTON MADERA HOUSING

ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP RELATING TO

ESPERANZA VILLAGE PROJECT
E. ADMINISTRATIVE REPORTS:

E-1 Lions Town & Country Park Update #2
Recommendation: This report is submitted for City Council (Council) consideration of options in the pursuit of funding for the Lions Town & Country Park trail system conditions and rehabilitation plans (Report by Joseph Hebert) E-2 Emergency Repairs to Avenue 13 Sewer Trunk Main at Granada Drive – Update #4 Recommendation: This report is submitted for informational purposes only, and no action is requested from City Council at this time (Report by Keith Helmuth) E-3 Informational Item on the Progress of the Madera Transit Plan – Fixed Route System Revision Recommendation: Information item on the revision of the City’s Transit (Madera Metro) Fixed Route System. No action is being requested; however, this item will be presented to Council once documents are finalized. (Report by Anthony Forestiere)
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 7 of 8
Councilwoman Gallegos commended City Directors for being mindful of a succession plan and allowing staff to present during meetings. She mentioned a meeting with Assemblywoman Soria in which the various needs were addressed, including the need for a full-service hospital.

Councilmember Montes announced the Volunteer Income Tax Program and the upcoming Sexual Assault Awareness Wear Teal Day event on April 4, 2023, both headed by Community Action Partnership of Madera County. He also commented on the 16th Annual Walk a Mile In Her Shoes event on April 14, 2023 and thanked and congratulated all the women in the community for their contributions.

Councilmember Rodriguez requested staff to bring back the Rental Inspection Ordinance for discussion at a future meeting. He and other leaders met with the Transportation Commission to identify strategies to get Measure T passed. He expressed concern with the projects that may have lost funding due to the rejection of Measure T. He extended his appreciation to all women in honor of Women’s History Month.

Councilwoman Evans thanked Councilmember Gallegos for coordinating the Women of the Year awards and saluted all the recipients. She mentioned a request from Senator Caballero’s office for a letter of support regarding a $1.5 billion relief package for healthcare solutions for California. She also thanked Fire, Police Department and Public Works for their work during the recent storms.

Mayor Pro Tem Mejia noted her participation at the Read Across America event at local elementary schools. She expressed appreciation for Senator Caballero and Assemblywoman Soria and their advocacy for providing necessary healthcare to Maderans. She announced the Free Healthcare Services Mobile Clinic on March 26th, at the John Wells Youth Center, which will be hosted by Tzu Chi Medical Foundation of Fresno. She announced the upcoming Stop the Hate event to be held at the Pan Am Center on March 28th for anyone interested in information regarding hate crimes.

Councilmember Villegas congratulated all the Women of the Year recipients. He also noted the work being done by Public Works during the recent rainstorms.

Mayor Garcia saluted the women working for the City and thanked them for all their efforts throughout the year.

G. CLOSED SESSION:

G-1 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Agency Designated Representatives: Mayor Pro Tem Mejia and Councilmember Montes Unrepresented Employee: City Manager
City Attorney Hilda Cantu Montoy made the closed session announcement at 9:00 p.m.

Ms. Cantu Montoy and the Council returned from Closed Session at 9:17 p.m. with all members of Council present.

Ms. Cantu Montoy stated there was no reportable action.

ADJOURNMENT: Meeting was adjourned at 9:17 p.m.

City of Madera City Council Minutes
205 W. 4th Street March 15, 2023
Madera, CA 93637 Page 8 of 8
UPCOMING MEETING DATES:
 Wednesday, April 5, 2023
 Wednesday, April 19, 2023

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Council Meeting of: May 3, 2023
Agenda Number: B-2
Approved by:
_________________________________
Michael Lima, Director of Financial Svcs.
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for April 8, 2023 to April 21, 2023 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of April 8, 2023 to April 21, 2023 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 36111 – 36226 $1,347,453.52
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $615,258.90
SDI EDD $2,262.75
CalPERS Payment CalPERS $200.00
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 departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

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

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36111 04/11/2023 WATER OPS WATER OPS FERGUSON ENTERPRISES, INC. GAS SAW 3,988.25 $ 36112 04/11/2023 PW ADMIN AIRPORT OPS SEABURY COPLAND & ANDERSON INSURANCE AIRPORT LIABILITY RENEWAL 9,927.00 $ 36113 04/11/2023 FIRE MEAS K - FIRE LUIS F FREITAS HAND LETTERING & REMOVAL 1,105.00 $ 36114 04/11/2023 FIRE FIRE ALLSTAR FIRE EQUIPMENT FIRE EQUIPMENT 7,050.46 $ 36115 04/11/2023 ENGINEERING LTF-STREETS MARK THOMAS & COMPANY, INC. ENGINEERING AND GRANT WRITING SERVICES 43,829.49 $ 36116 04/11/2023 CITY ADMIN FINANCE MV CHENG & ASSOCIATES, INC. CONSULTING SERVICES: INTERIM FINANCE DIRECTOR 6,437.50 $ 36117 04/11/2023 FINANCE MEAS K - FIRE HINDERLITER, DE LLAMAS AND ASSOCIATES QTR 3 2022 TRANSACTIONS TAX 300.00 $ 36117 04/11/2023 FINANCE MEAS K - PD HINDERLITER, DE LLAMAS AND ASSOCIATES QTR 3 2022 TRANSACTIONS TAX 300.00 $ 36118 04/11/2023 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - 03/01/23-03/15/23 808.78 $ 36119 04/11/2023 PW ADMIN AIRPORT OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 5.59 $ 36119 04/11/2023 PW ADMIN DRAINAGE LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 16.77 $ 36119 04/11/2023 PW ADMIN FLEET MAINT LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 8.38 $ 36119 04/11/2023 PW ADMIN SEWER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 8.39 $ 36119 04/11/2023 PW ADMIN WATER OPS LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 16.77 $ 36119 04/11/2023 PW ADMIN WWTP LINDE GAS & EQUIPMENT INC CYLINDER DEMURRAGE 8.38 $ 36120 04/11/2023 HR HR/RISK MGT GOMEZ, PATSY PER DIEM - 2023 HR ANNUAL CONFERENCE 144.00 $ 36121 04/11/2023 FLEET FLEET MAINT GERARDO YANEZ TOOL ALLOWANCE REIMBURSEMENT 300.00 $ 36121 04/11/2023 FLEET TRANS - FIXED GERARDO YANEZ REIMBURSEMENT - DOT PHYSICAL 130.00 $ 36122 04/11/2023 WATER QUALITY WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY SAMPLING 98.00 $ 36122 04/11/2023 WATER QUALITY WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 570.00 $ 36122 04/11/2023 WATER QUALITY WATER QUALITY DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING 306.00 $ 36123 04/11/2023 FINANCE CENTRAL ADMIN AT&T 03/23 FIRSTNET SVS 9391026406 22.82 $ 36123 04/11/2023 FINANCE FINANCE AT&T 03/23 FIRSTNET SVS 9391026406 22.82 $ 36123 04/11/2023 FINANCE HR/RISK MGT AT&T 03/23 FIRSTNET SVS 9391026400 24.49 $ 36123 04/11/2023 FINANCE PARKS AT&T 03/23 FIRSTNET SVS 9391026412 169.44 $ 36123 04/11/2023 FINANCE PARKS ADMIN AT&T 03/23 FIRSTNET SVS 9391031580 267.13 $ 36123 04/11/2023 FINANCE SEWER OPS AT&T 03/23 FIRSTNET SVS 9391026410 47.30 $ 36123 04/11/2023 FINANCE SR CITIZEN COMM AT&T 03/23 FIRSTNET SVS 9391026415 64.38 $ 36123 04/11/2023 FINANCE WWTP AT&T 03/23 FIRSTNET SVS 9391026405 24.68 $ 36123 04/11/2023 FINANCE WWTP AT&T 03/23 FIRSTNET SVS 9391026417 34.21 $ 36123 04/11/2023 FINANCE PD OPS AT&T 03/23 FIRSTNET SVS 9391026409 24.92 $ 36123 04/11/2023 FINANCE PD OPS AT&T 03/23 FIRSTNET SVS 9391026414 352.16 $ 36124 04/11/2023 FINANCE GENERAL FUND DIVISION OF THE STATE ARCHITECT SB DSA 796 QTR 3 FY 22/23 74.80 $ 36125 04/11/2023 FINANCE BUILDING DEPARTMENT OF CONSERVATION 3RD QTR 22/23 SMIP FEE REPORTING (217.95) $ 36125 04/11/2023 FINANCE GENERAL FUND DEPARTMENT OF CONSERVATION 3RD QTR 22/23 SMIP FEE REPORTING 4,358.93 $ 36126 04/11/2023 FINANCE BUILDING COMCAST CITY INTERNET CONNECTION 03/23 63.73 $ 36126 04/11/2023 FINANCE CITY ATTORNEY COMCAST CITY INTERNET CONNECTION 03/23 18.86 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - UNION BANK GENERAL ACCOUNT May 3, 2023

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36126 04/11/2023 FINANCE CITY CLERK COMCAST CITY INTERNET CONNECTION 03/23 18.92 $ 36126 04/11/2023 FINANCE CODE ENF COMCAST CITY INTERNET CONNECTION 03/23 135.45 $ 36126 04/11/2023 FINANCE COMM & REC COMCAST CITY INTERNET CONNECTION 03/23 90.62 $ 36126 04/11/2023 FINANCE COMPUTER MAINT COMCAST CITY INTERNET CONNECTION 03/23 36.86 $ 36126 04/11/2023 FINANCE ENGINEERING COMCAST CITY INTERNET CONNECTION 03/23 126.49 $ 36126 04/11/2023 FINANCE FACILITIES MAINT COMCAST CITY INTERNET CONNECTION 03/23 27.87 $ 36126 04/11/2023 FINANCE FINANCE COMCAST CITY INTERNET CONNECTION 03/23 99.59 $ 36126 04/11/2023 FINANCE FLEET MAINT COMCAST CITY INTERNET CONNECTION 03/23 18.92 $ 36126 04/11/2023 FINANCE GRANT OVERSIGHT COMCAST CITY INTERNET CONNECTION 03/23 36.86 $ 36126 04/11/2023 FINANCE HR/RISK MGT COMCAST CITY INTERNET CONNECTION 03/23 36.86 $ 36126 04/11/2023 FINANCE PARKS COMCAST CITY INTERNET CONNECTION 03/23 45.79 $ 36126 04/11/2023 FINANCE PARKS ADMIN COMCAST CITY INTERNET CONNECTION 03/23 36.83 $ 36126 04/11/2023 FINANCE PLANNING COMCAST CITY INTERNET CONNECTION 03/23 45.48 $ 36126 04/11/2023 FINANCE STREETS COMCAST CITY INTERNET CONNECTION 03/23 45.80 $ 36126 04/11/2023 FINANCE RECREATION COMCAST CITY INTERNET CONNECTION 03/23 54.77 $ 36126 04/11/2023 FINANCE SEWER OPS COMCAST CITY INTERNET CONNECTION 03/23 32.34 $ 36126 04/11/2023 FINANCE SOLID WASTE COMCAST CITY INTERNET CONNECTION 03/23 36.83 $ 36126 04/11/2023 FINANCE SR CITIZEN COMM COMCAST CITY INTERNET CONNECTION 03/23 36.83 $ 36126 04/11/2023 FINANCE UB - GARBAGE COMCAST CITY INTERNET CONNECTION 03/23 30.11 $ 36126 04/11/2023 FINANCE UB - SEWER COMCAST CITY INTERNET CONNECTION 03/23 30.11 $ 36126 04/11/2023 FINANCE UB - WATER COMCAST CITY INTERNET CONNECTION 03/23 59.25 $ 36126 04/11/2023 FINANCE WATER OPS COMCAST CITY INTERNET CONNECTION 03/23 41.31 $ 36126 04/11/2023 FINANCE WATER QUALITY COMCAST CITY INTERNET CONNECTION 03/23 18.92 $ 36126 04/11/2023 FINANCE WWTP COMCAST CITY INTERNET CONNECTION 03/23 27.87 $ 36126 04/11/2023 FINANCE CITY MANAGER COMCAST CITY INTERNET CONNECTION 03/23 18.86 $ 36126 04/11/2023 FINANCE PURCHASING COMCAST CITY INTERNET CONNECTION 03/23 27.87 $ 36127 04/11/2023 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL & AUDIOGRAM 143.50 $ 36127 04/11/2023 HR STREETS CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL & AUDIOGRAM 67.50 $ 36128 04/11/2023 UB - WATER SOLID WASTE DATAPROSE, LLC ANNUAL CURBSIDE CLEAN UP ZONE 3 3,799.85 $ 36128 04/11/2023 UB - WATER UB - GARBAGE DATAPROSE, LLC 04/23 NEWSLETTER 339.09 $ 36128 04/11/2023 UB - WATER UB - SEWER DATAPROSE, LLC 04/23 NEWSLETTER 339.09 $ 36128 04/11/2023 UB - WATER UB - WATER DATAPROSE, LLC 04/23 NEWSLETTER 678.19 $ 36129 04/11/2023 FLEET FLEET MAINT DEPARTMENT OF MOTOR VEHICLES REGISTRATION FEE 54.00 $ 36130 04/11/2023 FIRE MEAS K - FIRE DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - FIRE #58 35.00 $ 36130 04/11/2023 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - PANAM 36.00 $ 36130 04/11/2023 PARKS COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - YWYC 336.00 $ 36131 04/11/2023 PW ADMIN WWTP E & M ELECTRIC & MACHINERY, INC. WWTP SOFTWARE 20,760.00 $ 36132 04/11/2023 WATER OPS WATER OPS FASTENAL COMPANY WALK BEHIND STREET SAW 3,476.20 $ 36133 04/11/2023 ENGINEERING SEWER CAPITAL OUTLAY FLOYD JOHNSTON CONSTRUCTION CO., INC. FJC AVENUE 13 EMERGENCY SEWER REPAIRS 333,931.75 $ 36134 04/11/2023 FIRE FIRE HI-TECH EMERGENCY VEHICLE SERVICE INC GRUMMAN PUMP REPAIR #E257 2,704.73 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36135 04/11/2023 FIRE FIRE J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT 50.00 $ 36136 04/11/2023 PW ADMIN FACILITIES MAINT JAM SERVICES INC TRAFFIC SIGNAL PARTS 2,757.67 $ 36137 04/11/2023 FINANCE INTERMODAL BLDG CITY OF MADERA QUARTERLY PARKING ASSESSMENT 34.25 $ 36137 04/11/2023 FINANCE SUCCESSOR AGENCY CITY OF MADERA QUARTERLY PARKING ASSESSMENT 113.69 $ 36138 04/11/2023 FINANCE MADERA DOWNTOWN MADERA DOWNTOWN ASSOC. FY 22/23 QTR #3 ASSESSMENTS 5,366.22 $ 36139 04/11/2023 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE 2,265.25 $ 36139 04/11/2023 PW ADMIN BEVERAGE CONTAINER MADERA TRIBUNE PUBLIC NOTICE - CURBSIDE CLEAN UP 672.00 $ 36140 04/11/2023 PARKS AQUATICS PROGRM MAMMOTH OXYGEN CO2 FOR POOL 111.60 $ 36141 04/11/2023 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 3819620697-3 79.64 $ 36141 04/11/2023 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 8126770647-1 141.78 $ 36141 04/11/2023 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 95.84 $ 36141 04/11/2023 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 1,046.87 $ 36141 04/11/2023 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 03/23 SERVICE 8307681856-2 784.14 $ 36141 04/11/2023 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 8,367.79 $ 36141 04/11/2023 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 2,205.25 $ 36141 04/11/2023 FINANCE ENGINEERING PACIFIC GAS & ELECTRIC 03/23 SERVICE 2000655655-7 2,028.59 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 7949615676-5 19.66 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 3642526071-2 64.49 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 8178280304-3 136.68 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 3499945233-6 88.25 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 3352588453-3 136.13 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 5237156686-1 34.43 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 4318089701-9 20.37 $ 36141 04/11/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 30,125.68 $ 36141 04/11/2023 FINANCE FIRE PACIFIC GAS & ELECTRIC 03/23 SERVICE 2173157566-4 1,661.29 $ 36141 04/11/2023 FINANCE FIRE PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 526.32 $ 36141 04/11/2023 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 1,523.13 $ 36141 04/11/2023 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 183.08 $ 36141 04/11/2023 FINANCE PARKS PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 7,297.29 $ 36141 04/11/2023 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 2,421.61 $ 36141 04/11/2023 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 422.30 $ 36141 04/11/2023 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 119.83 $ 36141 04/11/2023 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9651992016-7 189.90 $ 36141 04/11/2023 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9172110863-6 10,683.07 $ 36141 04/11/2023 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 88,501.13 $ 36141 04/11/2023 FINANCE WWTP PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 105.55 $ 36141 04/11/2023 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 10.36 $ 36141 04/11/2023 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 30.51 $ 36141 04/11/2023 FINANCE ZONE 20B ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 21.60 $ 36141 04/11/2023 FINANCE ZONE 27B ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 10.90 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36141 04/11/2023 FINANCE ZONE 2 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 53.06 $ 36141 04/11/2023 FINANCE ZONE 3 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 40.56 $ 36141 04/11/2023 FINANCE ZONE 31B ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 30.51 $ 36141 04/11/2023 FINANCE ZONE 4 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 11.01 $ 36141 04/11/2023 FINANCE ZONE 6A ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 64.37 $ 36141 04/11/2023 FINANCE ZONE 29C ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 11.03 $ 36141 04/11/2023 FINANCE ZONE 8 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 66.45 $ 36141 04/11/2023 FINANCE ZONE 16 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 22.57 $ 36141 04/11/2023 FINANCE ZONE 13 ACTIVITIES PACIFIC GAS & ELECTRIC 02/23 SERVICE 3533032414-2 125.20 $ 36142 04/11/2023 FLEET FLEET MAINT TORRES BODY SHOP #6304 REPAIRS 5,913.79 $ 36143 04/11/2023 FINANCE PAYROLL TRUST OVERPAYMENTS REFUND - RETURNED AMOUNT 922.96 $ 36144 04/11/2023 FINANCE FINANCE BL REFUNDS BUSINESS LICENSE REFUND 50.00 $ 36145 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9924518 31.41 $ 36146 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9923384 138.15 $ 36147 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9925277 36.76 $ 36148 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9916926 121.13 $ 36149 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9922286 148.75 $ 36150 04/11/2023 FINANCE WATER UTILITY OTP- UB REFUNDS UB TERM REFUND 9837006 20.22 $ 36151 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9924063 114.89 $ 36152 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9918063 187.86 $ 36153 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9907878 211.74 $ 36154 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9925298 151.31 $ 36155 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9922537 68.96 $ 36156 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9919880 28.52 $ 36157 04/11/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9902812 68.19 $ 36158 04/18/2023 PD OPS PD OPS SPECIAL SERVICES GROUP, LLC ANNUAL COVERT TRACK SERVICE 06/18/23-06/17/24 1,200.00 $ 36159 04/18/2023 WWTP WWTP TERRAFORM POWER, LLC. SOLAR ELECTRIC UTILITIES 03/01/23-03/31/23 25,575.47 $ 36160 04/18/2023 HR CDBG PUBLIC SVC PEQUENOS EMPRESARIOS CDBG 22/23 Q1 INVOICE JULY-SEPT 8,947.62 $ 36161 04/18/2023 PW ADMIN WATER OPS MEDINA, JOSE PER DIEM - CRWA EXPO 177.00 $ 36162 04/18/2023 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS FOR 04/14/23 PAYROLL 1,092.78 $ 36163 04/18/2023 FINANCE GOLF COURSE DEBT CALIFORNIA BANK & TRUST COMMERCIAL LOAN PMT ACCT: 001400608653002 164,421.55 $ 36163 04/18/2023 FINANCE PD OPS CALIFORNIA BANK & TRUST COMMERCIAL LOAN PMT ACCT: 0014006086530001 62,532.12 $ 36164 04/18/2023 PD OPS PD OPS RAUL R. HERRERA JR. POLYGRAPHS 5,000.00 $ 36165 04/18/2023 PD OPS SUPP LAW ENF LEATHAM FAMILY, LLC BADGE ORDER 850.65 $ 36166 04/18/2023 PARKS PARKS RMA GEOSCIENCE, INC. LTC REHAB - CONCRETE REPAIR 748.00 $ 36167 04/18/2023 CITY ADMIN CITY ATTORNEY MONTOY LAW CORPORATION CITY ATTORNEY CONTRACTED LEGAL SERVICES 57,451.50 $ 36168 04/18/2023 PD OPS SUPP LAW ENF POINT EMBLEMS, LLC LAPEL PINS 277.74 $ 36168 04/18/2023 PD OPS SUPP LAW ENF POINT EMBLEMS, LLC SHAPED 3D COIN 1,711.23 $ 36169 04/18/2023 PD OPS PD OPS PACIFIC STORAGE COMPANY SHREDDING SERVICES 368.00 $ 36170 04/18/2023 CITY CLERK AIRPORT OPS GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL 7.70 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36171 04/18/2023 ENGINEERING WATER OPS DAVIDS ENGINEERING, INC. PROFESSIONAL SERVICES 3,102.35 $ 36172 04/18/2023 HR HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICES - HEALTH AND WELFARE 3,750.00 $ 36173 04/18/2023 ENGINEERING SEWER CAPITAL OUTLAY MKN & ASSOCIATES PROFESSIONAL ENGINEERING SERVICES 10,700.28 $ 36174 04/18/2023 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES 62.19 $ 36175 04/18/2023 PD OPS CODE ENF O&E TRANSPORTATION LLC RIVER CLEAN UP 12,075.00 $ 36176 04/18/2023 PLANNING PLANNING GARY CONTE PER DIEM - SJV POLICY CONFERENCE 286.17 $ 36177 04/18/2023 GRANTS PROP 1B PTMISEA ACCESS DISPLAY GROUP, INC. TRANSIT INFORMATION KIOSK 27,583.25 $ 36178 04/18/2023 WATER QUALITY WATER QUALITY DELLAVALLE LABORATORY,INC. QUARTERLY MONITORING 65.00 $ 36178 04/18/2023 WATER QUALITY WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 1,140.00 $ 36179 04/18/2023 FINANCE BUILDING AT&T 03/23 CALNET 3 SVS 9391026407 24.49 $ 36179 04/18/2023 FINANCE BUILDING AT&T 03/23 CALNET 3 SVS 9391031559 20.09 $ 36179 04/18/2023 FINANCE BUILDING AT&T 03/23 CALNET 3 SVS 9391031577 26.32 $ 36179 04/18/2023 FINANCE BUILDING AT&T 03/23 CALNET 3 SVS 9391026390 62.87 $ 36179 04/18/2023 FINANCE CITY ATTORNEY AT&T 03/23 CALNET 3 SVS 9391026388 54.67 $ 36179 04/18/2023 FINANCE CITY ATTORNEY AT&T 03/23 CALNET 3 SVS 9391031559 6.70 $ 36179 04/18/2023 FINANCE CITY ATTORNEY AT&T 03/23 CALNET 3 SVS 9391031577 7.50 $ 36179 04/18/2023 FINANCE CITY ATTORNEY AT&T 03/23 CALNET 3 SVS 9391026390 17.93 $ 36179 04/18/2023 FINANCE CITY CLERK AT&T 03/23 CALNET 3 SVS 9391031559 5.02 $ 36179 04/18/2023 FINANCE CITY CLERK AT&T 03/23 CALNET 3 SVS 9391031577 7.50 $ 36179 04/18/2023 FINANCE CITY CLERK AT&T 03/23 CALNET 3 SVS 9391026390 17.93 $ 36179 04/18/2023 FINANCE CODE ENF AT&T 03/23 CALNET 3 SVS 9391026413 48.49 $ 36179 04/18/2023 FINANCE COMM & REC AT&T 03/23 CALNET 3 SVS 9391026392 50.03 $ 36179 04/18/2023 FINANCE COMM & REC AT&T 03/23 CALNET 3 SVS 9391026391 282.23 $ 36179 04/18/2023 FINANCE COMPUTER MAINT AT&T 03/23 CALNET 3 SVS 9391031559 5.02 $ 36179 04/18/2023 FINANCE COMPUTER MAINT AT&T 03/23 CALNET 3 SVS 9391031577 15.03 $ 36179 04/18/2023 FINANCE COMPUTER MAINT AT&T 03/23 CALNET 3 SVS 9391026390 35.92 $ 36179 04/18/2023 FINANCE ENGINEERING AT&T 03/23 CALNET 3 SVS 9391031559 38.51 $ 36179 04/18/2023 FINANCE ENGINEERING AT&T 03/23 CALNET 3 SVS 9391031577 52.63 $ 36179 04/18/2023 FINANCE ENGINEERING AT&T 03/23 CALNET 3 SVS 9391026390 125.75 $ 36179 04/18/2023 FINANCE FACILITIES MAINT AT&T 03/23 CALNET 3 SVS 9391031564 14.77 $ 36179 04/18/2023 FINANCE FACILITIES MAINT AT&T 03/23 CALNET 3 SVS 9391026394 26.04 $ 36179 04/18/2023 FINANCE FINANCE AT&T 03/23 CALNET 3 SVS 9391031559 25.11 $ 36179 04/18/2023 FINANCE FINANCE AT&T 03/23 CALNET 3 SVS 9391031577 41.35 $ 36179 04/18/2023 FINANCE FINANCE AT&T 03/23 CALNET 3 SVS 9391026390 98.79 $ 36179 04/18/2023 FINANCE FIRE AT&T 03/23 CALNET 3 SVS 9391026402 24.49 $ 36179 04/18/2023 FINANCE FLEET MAINT AT&T 03/23 CALNET 3 SVS 9391031564 9.84 $ 36179 04/18/2023 FINANCE FLEET MAINT AT&T 03/23 CALNET 3 SVS 9391026394 17.39 $ 36179 04/18/2023 FINANCE GRANT OVERSIGHT AT&T 03/23 CALNET 3 SVS 9391031559 11.72 $ 36179 04/18/2023 FINANCE GRANT OVERSIGHT AT&T 03/23 CALNET 3 SVS 9391031577 15.03 $ 36179 04/18/2023 FINANCE GRANT OVERSIGHT AT&T 03/23 CALNET 3 SVS 9391026390 35.92 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36179 04/18/2023 FINANCE HR/RISK MGT AT&T 03/23 CALNET 3 SVS 9391031559 6.70 $ 36179 04/18/2023 FINANCE HR/RISK MGT AT&T 03/23 CALNET 3 SVS 9391031577 11.26 $ 36179 04/18/2023 FINANCE HR/RISK MGT AT&T 03/23 CALNET 3 SVS 9391026390 26.89 $ 36179 04/18/2023 FINANCE PLANNING AT&T 03/23 CALNET 3 SVS 9391031559 11.72 $ 36179 04/18/2023 FINANCE PLANNING AT&T 03/23 CALNET 3 SVS 9391031577 18.79 $ 36179 04/18/2023 FINANCE PLANNING AT&T 03/23 CALNET 3 SVS 9391026390 44.88 $ 36179 04/18/2023 FINANCE STREETS AT&T 03/23 CALNET 3 SVS 9391031564 24.63 $ 36179 04/18/2023 FINANCE STREETS AT&T 03/23 CALNET 3 SVS 9391026394 43.43 $ 36179 04/18/2023 FINANCE SEWER OPS AT&T 03/23 CALNET 3 SVS 9391031564 17.23 $ 36179 04/18/2023 FINANCE SEWER OPS AT&T 03/23 CALNET 3 SVS 9391026394 30.38 $ 36179 04/18/2023 FINANCE SOLID WASTE AT&T 03/23 CALNET 3 SVS 9391031564 19.73 $ 36179 04/18/2023 FINANCE SOLID WASTE AT&T 03/23 CALNET 3 SVS 9391026394 34.72 $ 36179 04/18/2023 FINANCE SR CITIZEN COMM AT&T 03/23 CALNET 3 SVS 9391026389 24.49 $ 36179 04/18/2023 FINANCE SR CITIZEN COMM AT&T 03/23 CALNET 3 SVS 9391026395 24.49 $ 36179 04/18/2023 FINANCE UB - GARBAGE AT&T 03/23 CALNET 3 SVS 9391031564 4.92 $ 36179 04/18/2023 FINANCE UB - GARBAGE AT&T 03/23 CALNET 3 SVS 9391026394 8.68 $ 36179 04/18/2023 FINANCE UB - GARBAGE AT&T 03/23 CALNET 3 SVS 9391031559 6.70 $ 36179 04/18/2023 FINANCE UB - GARBAGE AT&T 03/23 CALNET 3 SVS 9391031577 12.22 $ 36179 04/18/2023 FINANCE UB - GARBAGE AT&T 03/23 CALNET 3 SVS 9391026390 29.20 $ 36179 04/18/2023 FINANCE UB - SEWER AT&T 03/23 CALNET 3 SVS 9391031564 4.92 $ 36179 04/18/2023 FINANCE UB - SEWER AT&T 03/23 CALNET 3 SVS 9391026394 8.68 $ 36179 04/18/2023 FINANCE UB - SEWER AT&T 03/23 CALNET 3 SVS 9391031559 6.70 $ 36179 04/18/2023 FINANCE UB - SEWER AT&T 03/23 CALNET 3 SVS 9391031577 12.21 $ 36179 04/18/2023 FINANCE UB - SEWER AT&T 03/23 CALNET 3 SVS 9391026390 29.18 $ 36179 04/18/2023 FINANCE UB - WATER AT&T 03/23 CALNET 3 SVS 9391026393 75.48 $ 36179 04/18/2023 FINANCE UB - WATER AT&T 03/23 CALNET 3 SVS 9391031564 9.86 $ 36179 04/18/2023 FINANCE UB - WATER AT&T 03/23 CALNET 3 SVS 9391026394 17.39 $ 36179 04/18/2023 FINANCE UB - WATER AT&T 03/23 CALNET 3 SVS 9391031559 13.39 $ 36179 04/18/2023 FINANCE UB - WATER AT&T 03/23 CALNET 3 SVS 9391031577 24.48 $ 36179 04/18/2023 FINANCE UB - WATER AT&T 03/23 CALNET 3 SVS 9391026390 58.48 $ 36179 04/18/2023 FINANCE WATER OPS AT&T 03/23 CALNET 3 SVS 9391031564 22.15 $ 36179 04/18/2023 FINANCE WATER OPS AT&T 03/23 CALNET 3 SVS 9391026394 39.06 $ 36179 04/18/2023 FINANCE WATER QUALITY AT&T 03/23 CALNET 3 SVS 9391031564 9.84 $ 36179 04/18/2023 FINANCE WATER QUALITY AT&T 03/23 CALNET 3 SVS 9391026394 17.39 $ 36179 04/18/2023 FINANCE WWTP AT&T 03/23 CALNET 3 SVS 9391031564 14.77 $ 36179 04/18/2023 FINANCE WWTP AT&T 03/23 CALNET 3 SVS 9391026394 26.04 $ 36179 04/18/2023 FINANCE CITY MANAGER AT&T 03/23 CALNET 3 SVS 9391031559 10.05 $ 36179 04/18/2023 FINANCE CITY MANAGER AT&T 03/23 CALNET 3 SVS 9391031577 7.50 $ 36179 04/18/2023 FINANCE CITY MANAGER AT&T 03/23 CALNET 3 SVS 9391026390 17.93 $ 36179 04/18/2023 FINANCE PURCHASING AT&T 03/23 CALNET 3 SVS 9391031564 14.77 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36179 04/18/2023 FINANCE PURCHASING AT&T 03/23 CALNET 3 SVS 9391026394 26.04 $ 36179 04/18/2023 FINANCE PD OPS AT&T 03/23 CALNET 3 SVS 9391031561 167.43 $ 36179 04/18/2023 FINANCE PD OPS AT&T 03/23 CALNET 3 SVS 9391026411 165.71 $ 36179 04/18/2023 FINANCE PD OPS AT&T 03/23 CALNET 3 SVS 9391031579 250.13 $ 36179 04/18/2023 PD OPS PD OPS AT&T 03/23 CALNET 3 SVS 9391031566 167.43 $ 36179 04/18/2023 PD OPS PD OPS AT&T 03/23 CALNET 3 SVS 9391064552 308.03 $ 36179 04/18/2023 PD OPS PD OPS AT&T 03/23 CALNET 3 SVS 9391031578 177.45 $ 36180 04/18/2023 FINANCE AQUATICS PROGRM AT&T 03/23 CALNET 3 SVS 9391026397 22.82 $ 36181 04/18/2023 FINANCE BUILDING AT&T 03/23 FIRSTNET SVS 287302656036 918.12 $ 36181 04/18/2023 FINANCE CITY CLERK AT&T 03/23 FIRSTNET SVS 287302656036 89.90 $ 36181 04/18/2023 FINANCE CITY COUNCIL AT&T 03/23 FIRSTNET SVS 287302656036 281.68 $ 36181 04/18/2023 FINANCE CODE ENF AT&T 03/23 FIRSTNET SVS 287302656036 44.95 $ 36181 04/18/2023 FINANCE COMPUTER MAINT AT&T 03/23 FIRSTNET SVS 287302656036 1,909.21 $ 36181 04/18/2023 FINANCE ENGINEERING AT&T 03/23 FIRSTNET SVS 287302656036 285.07 $ 36181 04/18/2023 FINANCE FACILITIES MAINT AT&T 03/23 FIRSTNET SVS 287302656036 749.32 $ 36181 04/18/2023 FINANCE FINANCE AT&T 03/23 FIRSTNET SVS 287302656036 140.18 $ 36181 04/18/2023 FINANCE FLEET MAINT AT&T 03/23 FIRSTNET SVS 287302656036 44.95 $ 36181 04/18/2023 FINANCE GRANT OVERSIGHT AT&T 03/23 FIRSTNET SVS 287302656036 94.92 $ 36181 04/18/2023 FINANCE HR/RISK MGT AT&T 03/23 FIRSTNET SVS 287302656036 90.21 $ 36181 04/18/2023 FINANCE PARKS AT&T 03/23 FIRSTNET SVS 287302656036 195.11 $ 36181 04/18/2023 FINANCE PLANNING AT&T 03/23 FIRSTNET SVS 287302656036 44.95 $ 36181 04/18/2023 FINANCE STREETS AT&T 03/23 FIRSTNET SVS 287302656036 49.97 $ 36181 04/18/2023 FINANCE UB - GARBAGE AT&T 03/23 FIRSTNET SVS 287302656036 11.23 $ 36181 04/18/2023 FINANCE UB - SEWER AT&T 03/23 FIRSTNET SVS 287302656036 11.24 $ 36181 04/18/2023 FINANCE UB - WATER AT&T 03/23 FIRSTNET SVS 287302656036 22.48 $ 36181 04/18/2023 FINANCE WWTP AT&T 03/23 FIRSTNET SVS 287302656036 49.97 $ 36181 04/18/2023 FINANCE CITY MANAGER AT&T 03/23 FIRSTNET SVS 287302656036 90.21 $ 36182 04/18/2023 ENGINEERING ENGINEERING AMERICAN PUBLIC WORKS ASSOCIATION 2023 MEMBERSHIP # 80033 229.00 $ 36183 04/18/2023 HR HR/RISK MGT CA DEPARTMENT OF JUSTICE 03/23 DOJ LIVESCAN FINGERPRINT APPS 32.00 $ 36183 04/18/2023 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 03/23 DOJ LIVESCAN FINGERPRINT APPS 192.00 $ 36184 04/18/2023 PD OPS PD OPS CALIFORNIA FORENSIC INSTITUTE PRE-EMPLOYMENT EXAM 900.00 $ 36185 04/18/2023 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 04/14/2023 PAYROLL 985.33 $ 36186 04/18/2023 HR HR/RISK MGT CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 143.50 $ 36186 04/18/2023 FLEET FLEET MAINT CONCENTRA MEDICAL CENTERS DOT PHYSICAL RECERTIFICATION 108.90 $ 36187 04/18/2023 FLEET FLEET ACQUISITION COOK'S COMMUNICATIONS MISC PARTSMISC PARTS 2,948.19 $ 36188 04/18/2023 PD OPS CODE ENF CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 03/23 213.55 $ 36188 04/18/2023 PD OPS UB - GARBAGE CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 03/23 21.88 $ 36188 04/18/2023 PD OPS UB - SEWER CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 03/23 21.88 $ 36188 04/18/2023 PD OPS UB - WATER CORELOGIC INFORMATION SOLUTIONS INC REALQUEST SERVICES 03/23 43.74 $ 36189 04/18/2023 GRANTS MADERA TRANSIT DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - TRANSIT 80.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36190 04/18/2023 SEWER OPS SEWER OPS FASTENAL COMPANY DIRT TAMPER 4,801.10 $ 36191 04/18/2023 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 03/16/23-03/31/23 21,140.00 $ 36192 04/18/2023 GRANTS INTERMODAL BLDG GUARDIAN WESTERN SWEEPING INC. 04/23 POWER SWEEPING 387.00 $ 36192 04/18/2023 GRANTS PARKING DIST OPS GUARDIAN WESTERN SWEEPING INC. 04/23 POWER SWEEPING 387.00 $ 36193 04/18/2023 SEWER OPS SEWER OPS HAAKER EQUIPMENT CO. SEWER NOZZLES 5,636.87 $ 36194 04/18/2023 PD OPS PD OPS J'S COMMUNICATIONS ANNUAL SERVICE AGREEMENT 5,025.60 $ 36195 04/18/2023 CITY ADMIN CENTRAL ADMIN LEAGUE OF CALIFORNIA CITIES 2023 MEMBERSHIP FEES 537.13 $ 36196 04/18/2023 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 9915604 200.00 $ 36196 04/18/2023 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE - 9915604 90.48 $ 36196 04/18/2023 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE - 3642003 91.00 $ 36196 04/18/2023 GRANTS INTERMODAL BLDG CITY OF MADERA 04/23 UTILITY SERVICE - 3040431-500276 94.08 $ 36196 04/18/2023 GRANTS INTERMODAL BLDG CITY OF MADERA 04/23 UTILITY SERVICE - 3040421-500276 50.92 $ 36196 04/18/2023 GRANTS INTERMODAL BLDG CITY OF MADERA 04/23 UTILITY SERVICE - 3040441-500276 54.63 $ 36197 04/18/2023 PARKS AQUATICS PROGRM MADERA COUNTY ENVIRONMENTAL HEALTH DEPT ENVIROMENTAL HEALTH FEES FOR POOL 834.00 $ 36198 04/18/2023 PW ADMIN SEWER OPS MATHIES, MICHAEL PER DIEM - CRWA EXPO 177.00 $ 36199 04/18/2023 FINANCE CFD DEBT FUND - 2006 WILLDAN FINANCIAL SERVICES CFD 2006-1 SERIES 2018 PRIVATE PLACEMENT 1,750.00 $ 36199 04/18/2023 FINANCE CFD DEBT FUND - 2006 WILLDAN FINANCIAL SERVICES CFD 2005-1 & 2006-1 ADMIN FEE 4TH QTR 22/23 2,503.60 $ 36200 04/18/2023 PD OPS PD OPS NORTHERN CALIFORNIA REGIONAL PUBLIC SWAT TRAINING 2,000.00 $ 36201 04/18/2023 BUILDING BUILDING ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - BUILDING 522.84 $ 36202 04/18/2023 FLEET FLEET MAINT OWENS, BRIAN TOOL ALLOWANCE REIMBURSEMENT 300.00 $ 36203 04/18/2023 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 1,316.46 $ 36203 04/18/2023 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 3,533.97 $ 36203 04/18/2023 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 1,660.66 $ 36203 04/18/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 1598348280-1 74.28 $ 36203 04/18/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 5225647713-5 14.29 $ 36203 04/18/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 5,321.79 $ 36203 04/18/2023 FINANCE FIRE PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 307.54 $ 36203 04/18/2023 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 150.03 $ 36203 04/18/2023 FINANCE PARKS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 148.76 $ 36203 04/18/2023 FINANCE RECREATION PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 34.64 $ 36203 04/18/2023 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 819.67 $ 36203 04/18/2023 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 422.68 $ 36203 04/18/2023 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 7.84 $ 36203 04/18/2023 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 16,507.13 $ 36203 04/18/2023 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 16.06 $ 36203 04/18/2023 FINANCE ZONE 26 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 9.53 $ 36203 04/18/2023 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 19.06 $ 36203 04/18/2023 FINANCE PD OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 9920095153-3 4,204.35 $ 36204 04/18/2023 PD OPS CODE ENF PECK'S PRINTERY CE - ENVELOPES 301.91 $ 36204 04/18/2023 PD OPS MEAS K - PD PECK'S PRINTERY PD - EMERGENCY PROTECITVE ORDER 683.06 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36204 04/18/2023 PD OPS PD OPS PECK'S PRINTERY PD - ENVELOPES 301.91 $ 36205 04/18/2023 PD OPS PD OPS PROFORCE FIREARMS 2,709.94 $ 36206 04/18/2023 PW ADMIN SEWER OPS ROMERO, ARTURO PER DIEM - CRWA EXPO 177.00 $ 36207 04/18/2023 WWTP SEWER CAPITAL OUTLAY STANTEC CONSULTING SERVICES INC. PROFESSIONAL ENGINEERING CONSULTING SERVICES 1,967.89 $ 36208 04/18/2023 PARKS COMM & REC STATE OF CALIFORNIA YC ANNUAL ELEVATOR CERTIFICATION 225.00 $ 36209 04/18/2023 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 04/14/23 PAYROLL 25.00 $ 36210 04/18/2023 ENGINEERING FAUCMAQ TJKM TRANSPORTATION CONSULTANTS CONSULTING SERVICES 2,661.70 $ 36210 04/18/2023 ENGINEERING LTF-STREETS TJKM TRANSPORTATION CONSULTANTS CONSULTING SERVICES 626.65 $ 36211 04/18/2023 PARKS COMM & REC TK ELEVATOR CORPORATION YC ELEVATOR MAINTENANCE 304.51 $ 36212 04/18/2023 PD OPS PD OPS TRANSUNION RISK & ALTERNATIVE DATA SOL. DATABASE ACCESS 03/23 232.00 $ 36213 04/18/2023 ENGINEERING ENGINEERING YAMABE & HORN ENGINEERING ZABE PARCEL MAP 23-P-01 820.00 $ 36214 04/18/2023 PW ADMIN WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE 2,439.00 $ 36215 04/18/2023 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND METER #10 1,700.00 $ 36216 04/18/2023 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND METER #25 1,700.00 $ 36217 04/18/2023 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND METER #13 1,700.00 $ 36218 04/18/2023 FINANCE WATER FUND AR REFUNDS DEPOSIT REFUND METER #30 1,700.00 $ 36219 04/18/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS PARK DEPOSIT REFUND - LTC FIELD 6 50.00 $ 36220 04/18/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 7 50.00 $ 36221 04/18/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 $ 36222 04/18/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY YOUTH HUT 50.00 $ 36223 04/18/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9907565 158.80 $ 36224 04/18/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 10000352 88.69 $ 36225 04/18/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9922960 94.96 $ 36226 04/19/2023 PW ADMIN WATER OPS BOTWRIGHT JR., JOHN D. PER DIEM - CRWA EXPOPER DIEM - CRWA EXPO 177.00 $ 235 04/13/2023 FINANCE FINANCE CALPERS UNFUNDED ACCRUED LIABILITY CONTRIBUTION 200.00 $ 236 04/13/2023 FINANCE FINANCE PITNEY BOWES, INC. PREPAID POSTAGE REFILL 5,000.00 $ 237 04/13/2023 FINANCE PAYROLL TRUST MISSION SQUARE - 302351 PLAN #302351 CONTRIBS FOR 03/31/23 PAYROLL 31,303.52 $ 238 04/13/2023 FINANCE PAYROLL TRUST N.P.C.-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 03/31/2023 PAYROLL 2,129.32 $ 239 04/13/2023 FINANCE PAYROLL TRUST N.P.C.-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 03/31/2023 PAYROLL 9,690.27 $ 240 04/13/2023 FINANCE PAYROLL TRUST MID-MGMT EMPLOYEE GROUP 03/23 MONTHLY DUES 2,330.00 $ 241 04/13/2023 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PLAN YEAR FEE & PARTICIPANT FEE 108.00 $ 242 04/19/2023 FINANCE FINANCE CALPERS UNFUNDED ACCRUED LIABILITY CONTRIBUTION 200.00 $ 243 04/19/2023 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/14/2023 2,407.52 $ 244 04/19/2023 PURCHASING AIRPORT OPS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,793.42 $ 244 04/19/2023 PURCHASING AQUATICS PROGRM US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 206.82 $ 244 04/19/2023 PURCHASING BEVERAGE CONTAINER US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 2,016.00 $ 244 04/19/2023 PURCHASING CENTRAL ADMIN US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 203.47 $ 244 04/19/2023 PURCHASING CITYCLERK US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 35.99 $ 244 04/19/2023 PURCHASING CITYCOUNCIL US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 974.31 $ 244 04/19/2023 PURCHASING CODE ENF US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,290.08 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 244 04/19/2023 PURCHASING COMM & REC US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 504.70 $ 244 04/19/2023 PURCHASING COMPUTER MAINT US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 294.65 $ 244 04/19/2023 PURCHASING DRAINAGE US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 2,482.41 $ 244 04/19/2023 PURCHASING ENGINEERING US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 397.02 $ 244 04/19/2023 PURCHASING FACILITIES MAINT US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 10,030.23 $ 244 04/19/2023 PURCHASING FINANCE US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES (4.63) $ 244 04/19/2023 PURCHASING FIRE US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 6,999.94 $ 244 04/19/2023 PURCHASING FLEET MAINT US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 12,791.29 $ 244 04/19/2023 PURCHASING GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 8,695.43 $ 244 04/19/2023 PURCHASING GENERAL TRUST US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 572.05 $ 244 04/19/2023 PURCHASING GRANT OVERSIGHT US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 65.94 $ 244 04/19/2023 PURCHASING GRAFFITI ABATE US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,109.71 $ 244 04/19/2023 PURCHASING HR/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,691.02 $ 244 04/19/2023 PURCHASING INS/RISK MGT US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 3,111.80 $ 244 04/19/2023 PURCHASING MEAS K - FIRE US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 10,468.41 $ 244 04/19/2023 PURCHASING PARKS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 13,108.49 $ 244 04/19/2023 PURCHASING PARKS ADMIN US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 753.95 $ 244 04/19/2023 PURCHASING PLANNING US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 695.65 $ 244 04/19/2023 PURCHASING STREETS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 21,304.44 $ 244 04/19/2023 PURCHASING RECREATION US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 3,838.50 $ 244 04/19/2023 PURCHASING SEWER OPS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,391.05 $ 244 04/19/2023 PURCHASING SR CITIZEN COMM US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 870.19 $ 244 04/19/2023 PURCHASING SUPP LAW ENF US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,250.47 $ 244 04/19/2023 PURCHASING TRANS - FIXED US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 9,211.34 $ 244 04/19/2023 PURCHASING TRANS - DAR US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 2,606.54 $ 244 04/19/2023 PURCHASING WATER CAPITAL OUTLAY US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 15.89 $ 244 04/19/2023 PURCHASING WATER OPS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 5,435.67 $ 244 04/19/2023 PURCHASING WATER QUALITY US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 1,532.95 $ 244 04/19/2023 PURCHASING WWTP US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 6,771.98 $ 244 04/19/2023 PURCHASING MEAS K - PD US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 3,528.17 $ 244 04/19/2023 PURCHASING CITYMANAGER US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 31.07 $ 244 04/19/2023 PURCHASING FLEET ACQUISITION US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 2,251.60 $ 244 04/19/2023 PURCHASING PROP 1B PTMISEA US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 3,722.89 $ 244 04/19/2023 PURCHASING PURCHASING US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 161.64 $ 244 04/19/2023 PURCHASING SPECIAL EVENTS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 300.67 $ 244 04/19/2023 PURCHASING PDOPS US BANK CORPORATE PAYMENT SYSTEMS 03/23 CALCARD CHARGES 16,180.65 $ BANK #1 - UNION BANK GENERAL ACCOUNT TOTAL $ 1,347,453.52

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Assignment of an Account Collections Services Agreement RECOMMENDATION:

Adopt a resolution approving the assignment of an account collections services agreement from CB Merchant Services, Inc. to Synergetic Communication, Inc.

SUMMARY:

Synergetic Communication, Inc. has submitted a request to approve the assignment and assumption of contracts. This will affect an existing contract with the City for account collection services regarding unpaid utility fees, business license fees, administrative citation costs, jail booking fees, nuisance abatement costs, and any other delinquent fees or charges owed to the City.

DISCUSSION:

On March 30, 2022, the City issued a competitive request for proposals for account collection services. Proposals were received on April 29, 2022, and reviewed by an evaluation team comprised of City Finance staff. After evaluation, CB Merchant Services, Inc. (CBMS) was selected for the contract award. The agreement was approved by City Council on July 20, 2022, and remains in effect through June 30, 2024, with up to three additional one-year terms upon mutual written consent. On April 1, 2023, CBMS was acquired by Synergetic Communication, Inc. (SYNCOM). Subsequently, SYNCOM submitted a letter to the City requesting approval of the assignment and assumption of contracts from CBMS.

SYNCOM has agreed to assume full responsibility for the subject Agreement and has agreed that the provisions of the Agreement will remain unchanged. It has also been confirmed that CBMS staff will remain in place as part of SYNCOM’s staff and will continue to service the City’s account.

B-3
FINANCIAL IMPACT:

There will be no fiscal impact on the City’s funds as a result of the assignment of the agreement to SYNCOM. This agreement is structured to allow all service charges to be deducted from actual funds collected.

ALTERNATIVES:

As an alternative, Council may request that the City issue a new request for proposals for this service. Such a request would take staff time to administer the procurement process with no certainty that it would result in tangible results for the City or customers.

ATTACHMENTS:

1. Resolution approving the request for assignment

2. Request for Assignment letter from SYNCOM
RESOLUTION NO. ____

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

CALIFORNIA, APPROVING A REQUEST OF ASSIGNMENT AND
ASSUMPTION OF CONTRACTS FROM CB MERCHANT SERVICES, INC. TO SYNERGETIC COMMUNICATION, INC.

WHEREAS, the City of Madera entered into an agreement with CB Merchant Services, Inc. (CBMS) on July 30, 2022, for account collection services; and WHEREAS, CBMS was acquired and became a wholly owned subsidiary of Synergetic Communication, Inc. (SYNCOM); and
WHEREAS, SYNCOM has requested approval of assignment and assumption of contracts.

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

1. The above recitals are true and correct.

2. The agreement for account collections services as described above is necessary to conducting City business.

3. Approves the Assignment and Assumption of Contracts from CB Merchant Services, Inc. to Synergetic Communication, Inc.

4. The Mayor is authorized to execute the Assignment and Assumptions of Contracts letter.

5. This resolution is effective immediately upon adoption. * * * * * * *
---
Synergetic Communication Inc.
5450 NW Central Drive, Suite 220
Houston, TX 77092
Date: 04/13/23
Jennifer Stickman
City of Madera
Finance Department
205 W 4th St
Manteca, Ca 93637
Re: Assignment
Synergetic Communication Inc bought C B Merchant Services as of April 1, 2023.

All accounts previously assigned to C B Merchant Services were transferred to Synergetic Communication Inc who accept the contract with C B Merchant services with no changes to the agreed services.

The Stockton office will continue to be run by the same office staff that you have worked in the past at the same address 217 N San Joaquin St Stockton, Ca 95202 and phone number (209) 944-9001.

We look forward to continuing our relationship with your office. zy_,__,...-, ___
Ana Moli a
Manager, California Branch
Synergetic Communication Inc
(209) 944-9001 X 124

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________
Agenda Number: ___________
Arnoldo Rodriguez, City Manager
SUBJECT:

Letter of Support for Senate Bill 17 as Introduced by Senator Anna Caballero RECOMMENDATION:

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

Staff received a request from the office of Senator Anna M. Caballero seeking a letter supporting an affirmative stance for Senate Bill (SB) 17, known as the Senior Housing Production Act of 2023.

As the Letter of Support was provided to Senator Caballero’s office and the State Legislature, this Staff item intends to present contextual information on SB 17 and the City’s position.

BACKGROUND:

Older adults currently dependent on limited fixed incomes, such as Supplemental Security Income (SSI), are being priced out of the housing market due to rent increases, leading to a rise in homelessness and housing instability. Among single adults experiencing homelessness, approximately half are ages 50 and older, and almost half became homeless for the first time after age 50.

Older adult homelessness is increasing in absolute numbers and relative to the rest of the unhoused population. From 2017 to 2021, California’s overall senior population grew by 7 percent, while the number of people 55 and over who sought services because they became homeless increased by 84 percent. The increase in the number of older adults seeking homeless services and their proportion of the overall population increased more than any other age group.

Despite the rapid increase in the need for housing for older adults, low-income housing production for this demographic in California has not kept pace with demand.

B-4
Senate Bill (SB 17) seeks to ensure that older adults receive equitable funding from the State’s Low Income Housing Tax Credit Program (LIHTC).

DISCUSSION:

Low, Income Housing Tax Credit Program is a housing financing program administered by the Tax Credit Allocation Committee (TCAC) of the State Treasury to assist in the new construction, rehabilitation, and preservation of affordable rental housing. Currently, it aims to spend 15 percent of the State’s allocation of the LIHTC. However, this goal does not guarantee a set aside of LIHTC for senior housing production. This number often serves as a ceiling, resulting in fewer credits allocated for senior housing than what matches the need. By 2030, it is estimated that 25 percent of the state’s population will be 60 years or older, representing an overall increase of 166 percent. People over 85 will have an even faster growth rate, increasing by 489 percent from 2010 to 2060. Additionally, California residents, as a whole, are experiencing the largest concentration of severely unaffordable housing markets in the nation as the statewide median home value has topped $750,000, according to the California Association of Realtors. These values have made home ownership increasingly unattainable for the average resident and especially seniors relying on fixed incomes.

To keep up with demand, the state Department of Housing and Community Development (HCD) estimates that California must plan for the development of more than 2.5 million homes over the next eight years, and no less than one million of those homes must meet the needs of lowerincome households (more than 640,000 very low-income and 385,000 low-income units are needed). Residential construction has been unable to keep up with housing demands for several years, resulting in a severe undersupply of housing.

In January of 2021, the Newsom Administration released the Master Plan on Aging, which calls for an end to homelessness and sets forth a requirement to develop housing solutions to prevent and end homelessness among older adults and other at-risk populations. Targeted programs play an essential role in helping particular populations of adults access housing, including those who are Adult Protective Services clients and those who are eligible for SSI payments. However, no comprehensive state program exists that provides long-term housing subsidies for older and disabled adults who are on fixed incomes. Meanwhile, HCV and other federally subsidized housing programs often take years for applicants to access since such programs accommodate only a fraction of eligible applicants.

In response, Senator Anna Caballero has rolled out a Senate Bill Package, which includes a threefold approach to tackling the rise in homelessness in aging Californians. Senate Bill (SB) 17, termed the Senior Housing Production Act of 2023, would require TCAC to amend its regulations to increase the LIHTC to 20 percent for low-income housing development. This increase aims to ensure that a minimum percentage of the credits allocated are for senior housing projects, bringing the housing production market more in line with the growing aging population, based on the latest Census data. This Bill also would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution and thus would require for passage the approval of twenty-three of the membership of each house of the Legislature.

Also part of this package is Senate Bill 37: Older Adults and Adults with Disability Housing Stability Act of 2023, for which the City provided a Letter of Support. This matter was agendized and approved as part of the Consent Calendar during the April 19, 2023, meeting.

SB 17 is supported by several agencies, including the Cities of Atwater, Kerman, Madera County, Leading Age California, California Commission on Aging, and the Senior Coalition of Stanislaus County.

FINANCIAL IMPACT:

As this item is intended to provide information only, there is no financial impact anticipated as a result of this Staff Report.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Senate Committee on Housing Analysis Report

2. Senate Bill 17

3. Letter of Support
-

SENATE COMMITTEE ON HOUSING
Senator Scott Wiener, Chair
2023 - 2024 Regular
Bill No: SB 17 Hearing Date: 4/24/2023
Author: Caballero
Version: 4/18/2023 Amended
Urgency: No Fiscal: Yes
Consultant: Alison Hughes
SUBJECT: Senior housing: tax credits
DIGEST: This bill requires the California Tax Credit Allocation Committee (TCAC) to amend their regulations to increase the housing type goal for senior housing developments to 20% for the use of low income housing tax credits (LIHTC).

ANALYSIS:

Existing law:
1) Allows a state tax credit for costs related to construction, rehabilitation, or acquisition of low-income housing. This credit, which mirrors a federal LIHTC, may be used by taxpayers to offset the tax under the Personal Income Tax, the Corporation Tax, and the Insurance Tax laws.
2) Requires the TCAC to annually allocate the California LIHTC based upon qualifications of the applicant and proposed project. The California LIHTC is available only to projects that receive an allocation of the federal LIHTC. 3) Limits the annual aggregate amount of the state LIHTC to $70 million, as adjusted for an increase in the California consumer price index, plus any unused LIHTC from the preceding calendar year and any LIHTC returned in the calendar year. The state LIHTC awarded may be claimed as a credit over a four-year period.

This bill:
1) Requires the California Tax Credit Allocation Committee (TCAC) to amend their regulations to increase the housing type goal for senior housing developments to 20% for the use of low income housing tax credits (LIHTC).

SB 17 (Caballero) Page 2 of 5
COMMENTS:
1) Author’s statement. “The California Tax Credit Allocation Committee provides funds for the development of low-income housing, and has the goal to spend 15% of the State’s allocation of the Low-Income Housing Tax Credit (LIHTC) for programs to increase affordable housing production specifically for older adults. However, this goal does not guarantee a set aside of LIHTC for senior housing production, and in reality, this number often serves as a ceiling resulting in fewer credits allocated for senior housing than what matches the need. In 2030, 25% of the state’s population will be 60 or older, which represents an overall increase of 166%. The population over the age of 85 will have an even faster growth rate, increasing by 489% from 2010 to 2060. SB 17 will ensure the LIHTC Program allocates a share of tax credits for senior housing projects that truly reflects the current need. SB 17 will require LIHTC Program to ensure the percent of the tax credits awarded for lower-income senior housing projects is no less than California’s share of low-income senior renters. It is imperative for the state to keep pace with the demand of housing needed for older adults in California.”
2) California’s housing crisis. California has the largest concentration of severely unaffordable housing markets in the nation and the statewide average home value reached a new record in June 2022 at $793,3003. To keep up with demand, the state Department of Housing and Community Development (HCD) estimates that California must plan for the development of more than 2.5 million homes over the next eight years, and no less than one million of those homes must meet the needs of lower-income households (more than 640,000 very low-income and 385,000 low-income units are needed). For decades, not enough housing was constructed to meet need, resulting in a severe undersupply of housing.

As a result of the severe housing shortage, millions of Californians, who are disproportionately lower-income and people of color, must make hard decisions about paying for housing at the expense of food, health care, child care, and transportation—one in three households in the state don’t earn enough money to meet their basic needs. A lack of affordable housing is the biggest contributor to homelessness. As housing costs continue to rise, rent becomes less affordable for lower-income households, who are forced to live beyond their means (paying more than 30% of income on housing costs) or are pushed out of their homes, leading to rapid increases in homelessness. Variation in rates of homelessness cannot be explained by variation in rates of individual factors such as poverty or mental illness, however, cities with higher rents and lower SB 17 (Caballero) Page 3 of 5
rental vacancy rates (i.e., tighter housing markets) are directly linked to higher per capita rates of homelessness.
3) California’s aging population. According to the Public Policy Institute of California (PPIC), 15% of the state’s population is 65 or older, and, by 2030, about one in five Californians will be 65. Currently, nearly half (45%) of Californians experiencing homelessness are 50 years or older, and older adult homelessness is projected to increase. A recent study from UCSF’s Center for Vulnerable Populations showed that nearly half of unhoused older people experienced their first episode of homelessness after age fifty. Homelessness contributes to lower life expectancy, especially among seniors. Older adults experiencing homelessness are likely to have physical health conditions and functional health status similar to, or worse than, someone 10 to 20 years older.

In January of 2021, the Newsom Administration released the Master Plan on Aging, which calls for an end to homelessness and a requirement to develop housing solutions to prevent and end homelessness among older adults and other at risk populations. Targeted programs play an important role to help very specific populations of adults access housing, including those who are Adult Protective Services clients and those who are eligible for SSI payments.

However, no comprehensive state program exists that provides long-term housing subsidies for older and disabled adults who are on fixed incomes.

Meanwhile, HCV and other federally subsidized housing programs often take years for applicants to access, since such programs accommodate only a fraction of eligible applicants.
4) LIHTC. The LIHTC is an indirect federal subsidy developed in 1986 to incentivize the private development of affordable rental housing for low-income households. The federal LIHTC program enables low-income housing sponsors and developers to raise project equity through the allocation of tax benefits to investors. TCAC within the State Treasurer’s Office, administers the program and awards credits to qualified developers who can then sell those credits to private investors who use the credits to reduce their federal tax liability. The developer in turn invests the capital into the affordable housing project.

Each year, the federal government allocates funding to the states for LIHTCs on the basis of a per-resident formula. In California, TCAC is the entity that reviews proposals submitted by developers and selects projects based on a variety of prescribed criteria. Only rental housing buildings, which are either undergoing rehabilitation or newly constructed, are eligible for the LIHTC programs. In addition, the qualified low-income housing projects must comply with both rent and income restrictions. The value of the 4% tax credits is less SB 17 (Caballero) Page 4 of 5
than half of the 9% tax credits and, as a result, 4% federal credits are generally used in conjunction with another funding source, like state housing bonds or local funding sources.

In 1987, the Legislature authorized a state LIHTC program to augment the federal tax credit program. State tax credits can only be awarded to projects that have also received, or are concurrently receiving, an allocation of the federal LIHTCs. The amount of state LIHTC that may be annually allocated by TCAC is statutorily limited to $70 million, adjusted for inflation (currently, around $100 million).

Generally, affordable housing developments in California cannot “pencil-out” without a low income housing tax credit, and, given the relatively limited resources available for affordable housing development, the demand for tax credits outpaces demand by 2:1.
5) Striking a balance. California’s population is aging and the proportion of those who are older and lower-income are growing. Policymakers must ensure this vulnerable population remains housed as California faces a dramatic housing shortage for all populations, including the homeless, persons with disabilities, unaccompanied youth, veterans, and domestic violence survivors, just to name a few. Unfortunately, however, there simply are not enough resources available to finance the construction of housing necessary to meet the needs of all vulnerable populations in the state.

The CTCAC regularly adopts regulations governing the process for applying for LIHTC. In the current regulations are several housing type goals, including among others, a 15% goal for seniors. In an effort to ensure tax credits are serving older populations without edging out other vulnerable populations, this bill requires the senior housing goal to be increased to 20%.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, April 19, 2023.)
SUPPORT:

LeadingAge California (Sponsor)
Alzheimer's Orange County
California Commission on Aging
Centro LA Familia Advocacy Services
SB 17 (Caballero) Page 5 of 5
City of Atwater
City of Kerman
County of Madera
Eskaton
First 5 San Benito
Health Projects Center
Lesley Senior Communities
Menorah Park
Pep Housing
Placer Independent Resource Services
Retirement Housing Foundation
San Juan Bautista Rotary
Senior Coalition of Stanislaus County
Seniors Council/Area Agency on Aging of Santa Cruz and San Benito Counties Telacu Residential Management
OPPOSITION:

None received.
-- END --
AMENDED IN SENATE APRIL 18, 2023
AMENDED IN SENATE FEBRUARY 28, 2023
SENATE BILL No. 17
Introduced by Senator Caballero
December 5, 2022
An act to amend Section 50199.20 of the Health and Safety Code, relating to housing.
legislative counsel’s digest
SB 17, as amended, Caballero. Senior housing: tax credits.

Existing law, enacted to implement a specified low-income housing tax credit established by federal law, requires the California Tax Credit Allocation Committee to annually determine and allocate the state ceiling in accordance with those provisions and in conformity with federal law. Existing law authorizes the committee to adopt, amend, or repeal rules and regulations for the allocation of housing credits.

Existing law requires that specified amounts of the low-income housing tax credits be set aside for allocation to rural areas, small developments, and farmworker housing, as specified.

This bill would require the committee to revise its regulations to increase the housing type goal for senior developments to 20 percent.

This bill would require that the percentage of the federal ceiling on low-income housing tax credits that is awarded for projects restricted to senior citizens not be less than the percentage of lower income renter households in the state that are lower income elderly renter households, as specified.

This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article 97 XIIIA of the California Constitution, and thus would require for passage the approval of 2⁄3 of the membership of each house of the Legislature.

Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. (a) A growing body of scientific research has line 2 shown that homelessness among older adults is significantly line 3 increasing. Among single adults experiencing homelessness, line 4 approximately one-half are 50 years of age and older. Among these line 5 individuals, almost one-half first became homeless after 50 years line 6 of age.
line 7 (b) Incomes for the lowest-income older adults have not risen line 8 as fast as rents, leaving a growing number of older adult renters line 9 at risk for homelessness as they struggle to afford their housing line 10 costs.
line 11 (c) Adults 50 years of age and older who are homeless are line 12 experiencing health conditions, including cognitive and functional line 13 impairment, 20 years earlier than their housed counterparts. They line 14 often use costly acute health care services, and die prematurely. line 15 (d) According to the Harvard University Joint Center for line 16 Housing Studies, older adult renters are a large and growing group. line 17 The number of renter households headed by someone 50 years of line 18 age and over is expected to grow from 16.0 million in 2018 (35 line 19 percent of all renters) to 21.2 million in 2038 (40 percent of all line 20 renters).
line 21 (e) California’s production of affordable rental housing for older line 22 adults has not kept pace with this growth in demand. line 23 (f) Housing is a foundational component of our Long-Term line 24 Care long-term care system for older adults and people with line 25 disabilities, as well as a social determinant of health. The line 26 prevalence of chronic conditions and frailty increases with age. In line 27 many cases, deteriorating physical and cognitive functioning line 28 impede the ability of these individuals to live independently in the line 29 community. Without a safe, stable place to live, it is difficult for line 30 older adults and people with disabilities to receive proper and line 31 effective preventative care and treatment for chronic conditions. line 32 (g) California must produce more affordable rental housing to line 33 meet the special needs of our growing older adult population. 97 SB 17 — 2 —
line 1 (h) The purpose of this act is to create the Affordable Housing line 2 for Older Adults Act.
line 3 SEC. 2. Section 50199.20 of the Health and Safety Code is line 4 amended to read:
line 5 50199.20. (a) Not less than 20 percent of the federal ceiling line 6 on low-income housing tax credits shall be set aside for allocation line 7 to rural areas as defined in Section 50199.21. Any amount of credit line 8 set aside for rural areas remaining after the ranking of credits in line 9 the final cycle of any calendar year shall be available for allocation line 10 to any eligible project.
line 11 (b) Up to 2 percent of the low-income housing tax credit line 12 available under this chapter and Sections 12206, 17058, and line 13 23610.5 of the Revenue and Taxation Code may be set aside for line 14 small developments as determined by the committee. Any amount line 15 of credit set aside for small developments remaining after the line 16 ranking of projects in the final cycle of any calendar year shall be line 17 available for allocation to any eligible project. line 18 (c) Not less than the amounts specified in clause (v) of line 19 subparagraph (B) of paragraph (1) and paragraph (4) of subdivision line 20 (g) of Sections 12206, 17058, and 23610.5 of the Revenue and line 21 Taxation Code shall be set aside to provide farmworker housing, line 22 as defined in subdivision (h) of Section 50199.7 of the Health and line 23 Safety Code.
line 24 (d) The committee shall revise subdivision (h) of Section 10315 line 25 of Title 4 of the California Code of Regulations to increase the line 26 housing type goal for senior developments to 20 percent. line 27 (d) The percentage of the federal ceiling on low-income housing line 28 tax credits that is awarded for projects restricted to senior citizens, line 29 as defined in paragraph (1) of subdivision (b) of Section 51.3 of line 30 the Civil Code, shall not be less than the percentage of lower line 31 income renter households in the state that are lower income elderly line 32 renter households, as reported by the United States Department of line 33 Housing and Urban Development on the basis of the most recent line 34 American Community Survey or successor survey conducted by line 35 the United States Census Bureau.

O
97 — 3 — SB 17
April 17, 2023
The Honorable Scott Wiener
California State Senate
1021 O Street, Room 3330
Sacramento, CA 95814
RE: SB 17 (Caballero) – SUPPORT
Dear Senator Wiener:

Housing is one of the top issues facing older adults. This is evidenced by the growing number of older adults experiencing homelessness across California. In fact, individuals 50 and over make up approximately half of the state’s single adult homeless population. SB 17 (Caballero) will help provide critical affordable housing for older adults. We write to you in strong SUPPORT of SB 17.

Housing Costs Have Outpaced Fixed Incomes
Rising housing costs affect all Californians, but no group has been harmed more than low-income older adults, whose incomes have increased less than those of any other age cohort. Many low-income older adult’s only income is fixed retirement incomes, such as Social Security and Supplemental Security Income (SSI). According to a report published by the National Institute on Retirement Security, based on data collected in the Census Bureau’s 2014 Survey of Income Program Participation, the plurality, 40% percent of older adults only source of retirement income is Social Security.

In California, over 570,000 older adults rely on SSI. In 2023, the maximum SSI/SSP benefit for a single older adult living independently is $1,133.73. According to the National Low-Income Housing Coalition, the average Fair Market Rent for a studio apartment in California is $1,416. This means hundreds of thousands of older adults cannot afford rent in California even if they spent their entire monthly income on it. In 26 out of 58 California counties, the HUD determined Fair Market Rent (FMR) for a 1-bedroom apartment exceeds the state’s maximum SSI payment for older adults.

Drastic Rise in Homelessness
As incomes for older adults have fallen further and further behind, older adults are constituting a rapidly increasing share of the state’s homeless population. According to the California Bureau of Business, Consumer, and Housing Services’ (BCHS) Homelessness Data Integration Services Dashboard (HDIS), Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
the number of Californians 55 and older accessing homelessness services increased by 84% between 2017 and 2021, nearly double the rate of increase of the general population. The increase for Californians over 65 is even more stark: between 2017 and 2021, the number of Californians over 65 accessing homelessness services increased by 140%.

Among those 50 and over experiencing homelessness, nearly half became homeless for the first time after age 50. Without action, the housing and homelessness crisis among older adults will only worsen.

In addition to the widening disparity between fixed incomes and housing costs, older adults are constituting an increasingly large share of the state’s population. By 2030, 25% of the state’s population – an estimated 10.8 million people – will be age 60 or older. The population over age 60 is expected to increase 166% between 2010 and 2060. In that same period, the population over age 85 is expected to increase 489%.

Rental housing is a popular housing option for older people who seek more accessibility and less maintenance. However, while there are over 200,000 older adults in affordable rental housing in California, almost two-thirds of senior households who qualify for affordable housing don’t receive it, because there is just not enough supply.

Senior affordable housing is a critical part of our long-term care continuum Senior affordable housing is a critical component of California’s long-term care continuum. These communities benefit from economies of scale, having large groups of older adults living in one location.

This makes affordable senior housing communities an effective and cost-efficient locus for providing care and services to residents that help create housing stability, maintain independent living through improved health outcomes, and avoid premature or preventable transfer to institutional care settings such as hospitals and skilled nursing facilities.

A recent study of nearly 9,000 affordable senior housing residents across the United States found the older adults living in affordable housing communities with onsite service coordinators (which most senior affordable housing communities in California have) were 18% less like to be admitted to hospital emergency departments than those living in communities without service coordinators. And various other studies have shown lower Medicare expenditures, higher utilization of preventative care, success reaching vulnerable populations, and fewer nursing home transfers because of increased services for older adults in affordable housing.

Over the past few years, California has taken great strides to solve the state’s housing issues. It is important to remember that older adults have a special set of housing needs that the Legislature must consider when drafting housing policy to guarantee that no one is left behind as new housing programs are created.

Senate Bill 17 seeks to ensure that older adults receive a fair-share of funding from the state’s Low Income Housing Tax Credit Program (LIHTC). LIHTC is a housing financing program administered by the Tax Credit Allocation Committee (TCAC) of the State Treasury for the purpose of assisting the new construction, rehabilitation, and preservation of affordable rental housing.

Under the Qualified Allocation Plan, TCAC allocates a percentage of LIHTC funding toward affordable senior housing developments. This is known as the “Senior Goal.” However, the Goal requires only 15 percent of credits to go to projects primarily benefitting older adults. This Goal does not reflect the Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
current demographics of our low-income renter population, and will only put older adults further behind as California ages.

SB 17 will modernize the older adult goal within LIHTC by requiring TCAC to use American Community Survey data, released annually by the U.S. Census Bureau, to determine the minimum amount of the senior allocation. This will make the number of affordable senior housing units built with LIHTC more reflective of the actual housing needs of our older adults.

Thank you for your leadership on this issue.

Sincerely,
Arnoldo Rodriguez
City Manager

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________
Agenda Number: ___________
Arnoldo Rodriguez, City Manager
SUBJECT:

Letter of Support for Request for Clean California Funding for the Madera Station Relocation Project
RECOMMENDATION:

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

On April 12, 2023, Staff received a request from the San Joaquin Joint Powers Authority (SJJPA) for a letter supporting its application for the Clean California Local Grant Program (CCLGP) for the Madera Station Relocation Project (Project) with a due date of April 26, 2023. Due to Staff’s attendance at a training conference, they were unable to address the matter until April 17, 2023.

Given the timeframe of submission, Staff conducted research on the Project, and considering the City Council had previously authorized a Letter of Support on behalf of the same Project for grant funding on May 4, 2022, Staff prepared and submitted a Letter of Support, as requested, on April 19, 2023. This item intends to present contextual information on the project and grant request.

BACKGROUND:

The Clean California Local Grant Program (CCLGP) is a competitive statewide program administered by the Department of Transportation (DOT or Caltrans) and created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The Program is one part of the nearly $1.1 billion Clean California (Clean CA) initiative that takes direct aim at the continuous trash accumulation that has overwhelmed the California Department of Transportation (Caltrans) and its partners. Other parts of the Clean CA initiative include litter abatement efforts, state beautification and safety projects, and public education campaigns. Assembly Bill 149 created the CCLGP of 2021 and was codified under Streets and Highway Code §91.41 et al.

B-5
Approximately $100 million was added from the State General Fund to the CCLGP to be available in the fiscal year (FY) 2023-2024 State budget. This funding will be used to implement a second cycle of funding for the program. The availability of grant funding is contingent on the funds being made available in the FY 23-24 State Budget. All projects must be completed, and all implementation funds must be expended by June 30, 2026.

Each grant award shall not exceed $5,000,000. There is no minimum award. Applications that request $3,000,000 or less are more competitive because there is a higher likelihood that these projects will be completed by June 30, 2026. Agencies can submit multiple applications and may receive multiple awards (each award not to exceed $5,000,000) if more than one of their applications is competitive.

DISCUSSION:

The existing Madera San Joaquin Station (Station), which is nearly three miles north of Madera, has extremely low ridership and has no connecting fixed route transit service due to its location.

The SJJPA, in coordination with local leaders, is relocating the Madera Station to an area near Avenue 12 to better meet regional goals of improving ridership and connectivity. In facilitating this Project, SJJPA seeks to improve and expand the size of the previously relocated Madera passenger rail station and provide a high-speed rail (HSR) station for California HSR Interim Service to better serve the region. The project will construct a new station platform near Avenue 12 and the Burlington Northern Santa Fe Stockton Subdivision in Madera County, southeast of the city. This would replace the existing station on Road 26 and would require new turn-out tracks to connect with the existing rails. The resulting advantage would better meet regional goals of improving ridership and connectivity.

What Has Been Completed to Date?
 SJJPA staff prepared and presented a Connectivity Report to the SJJPA Board identifying substantial connectivity challenges at the existing station.  SJJPA worked with the Madera County Transportation Commission, the County and City of Madera, the California State Transportation Agency (CalSTA), and the California HighSpeed Rail Authority (CHSRA) to analyze issues associated with the existing station and to identify a new station location that meets the region’s goals of improving connectivity and ridership. SJJPA has continued to coordinate with California Transportation Commission, County, and City.
 SJJPA obtained a Transit and Intercity Rail Capital Program grant for the Madera Station Relocation Project.
 SJJPA has conducted extensive coordination with CalSTA and CHSRA to ensure the station design can accommodate future high-speed rail service.
 SJJPA released the Madera Station Relocation Report.
 SJJPA released the Draft IS/MND for the Project on October 14, 2020.  SJJPA conducted public meetings about the Draft IS/MND on November 5, 2020.  SJJPA released the Final IS/MND on January 6, 2020.
 The SJJPA Board approved the Project and Certified the Final IS/MND on January 22, 2021.  SJJPA initiated Final Design of the Madera Station Relocation Project for Phase 1 in October 2021.
 In April 2022, Caltrans awarded Madera County a $450,000 Sustainable Transportation Planning Grant. The grant will be used to develop a Transit Area Specific Plan for the area around the Relocated San Joaquin Madera Station and future High-Speed Rail (HSR) station.
 Construction is anticipated to begin in 2023.

The Project is consistent with CCLGP goals to reduce debris, install beautification measures in public spaces, mitigate the heat island effect, enhance community placemaking, and advance equity for underserved communities. State Route 99 provides direct access to the planned Madera Station. Caltrans is studying clean energy enhancements for SR 99 to reduce transportation-related pollution, including a potential hydrogen facility at this station area which also further aligns with the Department of Transportation’s goal of reducing greenhouse gas emissions and addressing environmental justice, particularly for communities (including rural communities) that may disproportionately experience consequences from climate change and other pollutants.

Currently, SJJPA is requesting $3 million in Caltrans Clean California Local Grant Program (CCLGP) funds to advance this Project. The station relocation is expected to significantly benefit the community, particularly an alternative commute to vehicle travel and improved access to bicycle riders in southern Madera County. Construction of the project will also support anticipated transit-oriented development in southeast Madera County adjacent to the station and the future High-Speed Train Station. In addition, the new train station will be accessible to all users regardless of income and ability. The Project will include drought-tolerant landscaping, lighting, passenger amenities such as benches and trash receptacles, restrooms, and shade structures over the train platform and parking lot.

It should be noted that SJJPA previously applied for the 2022 Multimodal Project Discretionary Grant (MPDG) funding for the same project. Council authorized the City Manager to provide a letter in support of this grant application at the May 4, 2022, meeting.

FINANCIAL IMPACT:

As this item is intended to provide information only, no financial impact is anticipated as a result of this Staff Report.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Letter of Support
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
RE: Letter of Support – Clean California Local Grant Program Dear Mr. Perrault;
The City of Madera is pleased to support the San Joaquin Joint Powers Authority’s (SJJPA) application for the Madera Station Relocation Project (Project).

SJJPA requests $3 million in Caltrans Clean California Local Grant Program (CCLGP) funds.

The Project will relocate the existing station near Avenue 12 to better meet regional goals of improving ridership and connectivity. The station relocation will provide significant benefits to the community. The station is easily accessible from State Route 99, providing an alternative commute to vehicle travel. The new station will improve access to bicycle riders in southern Madera County. The Project is located within and will serve underserved communities within the Central Valley. Construction of the project will also support anticipated transit-oriented development in southeast Madera County adjacent to the station and the future High-Speed Train Station.

Another significant benefit of the Project is the creation of a new community space. The new train station will be accessible to all users regardless of income and ability. The Project will include drought tolerant landscaping, lighting, passenger amenities such as benches and trash receptacles, restrooms, and shade structures over the train platform and parking lot. The train station will beautify the area, reduce the heat island effect, and anchor planned transit-oriented development that will build out around the Project.

The City of Madera supports the Project application for the CCLGP funding to implement the Project. The Project is consistent with CCLGP goals to reduce debris, install beautification measures in public spaces, mitigate the heat island effect, and enhance community April 19, 2023
James Perrault, District 6 Local Assistance Engineer
California Department of Transportation
1352 W. Olive Avenue, P. O. Box 12616
Fresno, CA 93778-2616
Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
placemaking, and advance equity for underserved communities. Thank you for your consideration.

Sincerely,
Arnoldo Rodriguez
City Manager
Created:

By:

Status:
2023-04-19
Azeema Prakash ([email protected])
Signed
Transaction ID: CBJCHBCAABAArcsdSgbvBNDI7USXoT5OCv3vCwQmpumH LOS SJJPA Madera Station Relocation - Clean
CA Local Grant
Final Audit Report 2023-04-19
"LOS SJJPA Madera Station Relocation - Clean CA Local Grant" History
Document created by Azeema Prakash ([email protected]) 2023-04-19 - 7:56:04 PM GMT
Document emailed to Arnoldo Rodriguez ([email protected]) for signature 2023-04-19 - 7:56:20 PM GMT
Email viewed by Arnoldo Rodriguez ([email protected]) 2023-04-19 - 9:06:48 PM GMT
Document e-signed by Arnoldo Rodriguez ([email protected]) Signature Date: 2023-04-19 - 9:06:53 PM GMT - Time Source: server Agreement completed.
2023-04-19 - 9:06:53 PM GMT
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Resolution Formalizing Support for Senate Bill 227
RECOMMENDATION:

Adopt a Resolution establishing the City’s stance on Senate Bill 227 and authorizing the City Manager to execute a Letter of Support to the State Legislature SUMMARY:

During the Council meeting on April 19, 2023, staff presented an informational item outlining Senate Bill (SB) 227, Excluded Workers Program. The Council directed staff to prepare a Letter of Support and a Resolution affirming the City’s stance on this Bill. This Staff Report is intended to provide contextual information on SB 227 for Council deliberation and to provide Council the opportunity to formalize the City’s position on the matter by way of Resolution.

BACKGROUND:

The state’s employment insurance program is jointly funded by the federal government, which bars undocumented people from working illegally and therefore excludes them from drawing from unemployment benefits. While most working individuals who lose employment are eligible for unemployment benefits, 1.6 million undocumented workers who pay taxes into such programs are estimated to be exempt from filing for the same benefits. In response, Senator Maria Elena Durazo, along with two coauthors, Assemblymembers Miguel Santiago, and Wendy Carrillo, recently introduced Senate Bill (SB) 227 (Safety Net for All Workers Act) to the State Legislature; this Bill would create a fund separate from the state’s unemployment program to provide unemployment payments to undocumented workers who meet requirements similar to those imposed on workers who are U.S. citizens or otherwise authorized to work in California.

B-6
DISCUSSION:

Existing law authorizes the payment of unemployment compensation benefits and requires that they be made per the Director of Employment Development (EDD) regulations. Generally, the EDD pays benefits if claimants are eligible. As stated, the EDD is prohibited from distributing unemployment compensation benefits payments for services performed by a person who is not a citizen or national of the United States unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was legally present for purposes of performing the services, or was permanently residing in the United States in a lawful manner at the time the services were performed.

According to a Migration Policy Institute report, the number of undocumented immigrants in Madera County is approximately 15,000, and the state is home to almost 1 million undocumented workers. Researchers at the University of Southern California Equity Research Institute, found that undocumented immigrants contribute nearly $3.7 billion annually in state and local taxes. Taxes on the wages of undocumented workers contribute an estimated $485 million to the unemployment insurance system in California each year, yet these workers are ineligible to draw from these benefits.

SB 227 would establish, until January 1, 2027, the Excluded Workers Program, to be administered by the EDD upon appropriation by the Legislature, to provide income assistance to exclude workers who are ineligible for existing state or federal benefits administered by the department and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment for up to 20 weeks. Some of these findings require applicants to prove that they worked at least 93 hours or earned a minimum of $1,300 in three months in the previous 12 months.

The maximum benefit under the state unemployment program is $450 per week, with an average payment of $330 weekly. It is estimated that the program willrequire $356 million, including funding for the benefits and funds for the EDD to administer the program. Currently, the budget is proposed to be allocated from the state’s General Fund, although it is likely that alternative funding sources will be considered at future hearings. These include the creation of a dedicated fund, raising the taxable wage base for unemployment insurance, or cutting corporate tax breaks. The Bill would require the department to promulgate regulations to implement the program, including rules providing for an application process. This two-year program would allow for legislative evaluation before considering setting it in place permanently.

SB 227 was heard before the Legislature on April 20, 2023, and is set for hearing on May 1, 2023.

Supporters of this Bill includes Safety Net Bill for All, the National Employment Law Project, and the California Budget and Policy Center.

FINANCIAL IMPACT:

No financial impact is anticipated due to the adoption of this Resolution or filing of a support letter.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Resolution

2. Letter of Support

3. Senate Bill 227
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA SUPPORTING CALFORNIA SENATE BILL NO. 227 (DURAZO),

THE SAFETY NET FOR ALL WORKERS ACT, TO CREATE AN EXCLUDED

WORKERS PROGRAM
WHEREAS, the City and County of Madera is home to approximately 15,000 undocumented immigrants of various backgrounds and cultures (per the Migration Policy Institute); and
WHEREAS, research shows that undocumented immigrant workers in California are disproportionately represented in low-wage industries, such as domestic service, food service, janitorial services, hospitality, and agriculture while making less than nearly half the median hourly wage of all other workers in the state; and
WHEREAS, undocumented immigrant workers in California not only contribute their labor, but also $3.7 billion in state and local taxes, and taxes on their wages contribute an estimated $485 million to the Unemployment Insurance System every year; and WHEREAS, despite their contributions, undocumented immigrant workers cannot access any unemployment benefits when they temporarily lose their job due to historic, racist exclusions; and
WHEREAS, the lack of access to unemployment benefits forces undocumented immigrant workers to exhaust their life savings, accumulate greater debt, and compromise their health and well-being to simply afford basic necessities like rent and food for themselves and their loved ones.

WHEREAS, the City of Madera supports the passage of Senate Bill 227 and its companion budget proposal which would create an excluded Workers Program and provide unemployment benefits to undocumented workers who are excluded from unemployment insurance due solely to their immigration status thereby creating a safety net for said workers.

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 of Madera supports SB 227 and calls on all state elected officials to support and prioritize its passage and its companion budget proposal so that every California worker regardless of status has access to life-saving benefits when faced with unemployment.

3. The City Manager is authorized to execute and submit the Letter of Support attached to this resolution to the appropriate State representatives.

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

May 3, 2023
Honorable Senator Dave Cortese
Committee Chair of the Senate Labor, Public Employment and Retirement 1021 O Street Room 6740
Sacramento, CA 95814
RE: Support: Senate Bill 227: Unemployment: Excluded Workers Program (Durazo) Dear Senator Cortese,
On behalf of the City of Madera, I am writing to express our strong support of SB 227, aimed at extending unemployment benefits to excluded workers through changes to the administration of income assistance by the Employment Development Department. This would advance the goal of stabilizing households and families for more California workers seeking employment after losing a job.

Across California, including in Madera, large portions of our communities are comprised of immigrants working across a different sectors and fields, many without documentation. It’s estimated that many undocumented immigrants work in jobs identified as essential and critical to the economy. In our region, the agricultural industry and its workers represent the lifeblood of the local economy. Due to the seasonal nature of Agriculture, the lingering effects of ongoing drought conditions and most recently, the flooding due to recent storms, farmworkers are among the most susceptible to employment challenges due to inconsistent workloads. Add to that the effects of the COVID-19 pandemic on local growers and producers, and these individuals were even further impacted by the risk of unemployment.

Despite the estimated millions of dollars in state and local taxes that undocumented workers contribute, they are not eligible for unemployment insurance. This leaves an already vulnerable population even more prone to financial instability and can leave families and households distressed even after short periods of unemployment. Most American households do not have the savings needed to cover unexpected expenses or wage shortages. Senate Bill 227 will help many families, not only in our city, but in all agriculturally based communities throughout California, by providing essential income assistance while maintaining vibrant local economies.

Madera City Hall, 205 W 4th Street, Madera, CA 93637
PHONE: (559) 661-5400 • www.madera.gov
The City of Madera has personally seen the economic impact of unemployment in our community. This legislation will provide equitable means to the most vulnerable among us and will help to support a robust local economy. SB 227 aligns with our City’s values and meets a critical need for our residents and millions of Californians. For these reasons, we strongly support SB 227. Should you have any questions about our position, please feel free to contact me at (559) 661-5402.

Sincerely,
Arnoldo Rodriguez
City Manager
Cc:

Senator Scott Wilk (Vice Chair)
Senator Maria Elena Durazo
4/13/23, 1:26 PM https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=uIgeIV26dkf7zHzmfUnU9Si0E1I%2fFhOSxafy7FVHBu14nXQvVUZqj… https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=uIgeIV26dkf7zHzmfUnU9Si0E1I%2fFhOSxafy7FVHBu14nXQvVUZqjKWWTKsF9cMS 1/2 SB 227 (Durazo D) Unemployment: Excluded Workers Program.

Status: 4/10/2023 - Set for hearing April 19.

Calendar: 4/19/2023 9 a.m. - State Capitol, Room 112 SENATE GOVERNANCE AND FINANCE, CABALLERO, ANNA, Chair
Location: 3/8/2023-S. GOV. & F.
2Year
Dead
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered
1st House 2nd House
Summary
Existing law authorizes the payment of unemployment compensation benefits and requires that they be made in accordance with regulations of the Director of Employment Development. Existing law generally requires the Employment Development Department to promptly pay benefits if claimants are eligible or to promptly deny benefits if they are ineligible. Existing law prohibits payment of unemployment compensation benefits for services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, as specified. This bill would establish, until January 1, 2027, the Excluded Workers Program, to be administered by the Employment Development Department upon appropriation by the Legislature, for the purpose of providing income assistance to excluded workers who are ineligible for the existing state or federal benefits administered by the department and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment, if the Director of Employment Development makes certain findings, as defined and specified. The bill would require the department to promulgate regulations to implement the program, including regulations providing for an application process, as specified. This bill contains other related provisions and other existing laws. (Based on text date 1/19/2023) Bill Text
01/19/2023 Introduced pdf htm
Analysis
03/07/2023 Senate - Committee On Labor, Public Employment And Retirement Votes
03/08/2023 Sen. P.E. & R. (Y: 4 N: 0 A: 1) (Pass)
Bills Affecting Same Code
PEOPLE WHO TRACK SB 227 ALSO TRACK:
82% AB 518 Paid family leave: eligibility: care for designated persons. tracking 75% SB 616 Paid sick days: accrual and use. tracking
73% AB 575 Paid family leave. tracking
71% SB 525 Minimum wage: health care workers. tracking

LEAGUE OF

CALIFORNIA
CITIES
4/13/23, 1:26 PM https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=uIgeIV26dkf7zHzmfUnU9Si0E1I%2fFhOSxafy7FVHBu14nXQvVUZqj… https://ctweb.capitoltrack.com/public/publishbillinfo.aspx?bi=uIgeIV26dkf7zHzmfUnU9Si0E1I%2fFhOSxafy7FVHBu14nXQvVUZqjKWWTKsF9cMS 2/2 70% SB 881 Paid sick days: accrual and use. tracking
History
4/10/2023 Set for hearing April 19.
3/8/2023 From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 4. Noes 0. Page 306.) (March 8). Re-referred to Com. on GOV. & F.
2/28/2023 Set for hearing March 8.
2/1/2023 Referred to Coms. on L., P.E. & R. and GOV. & F. 1/20/2023 From printer. May be acted upon on or after February 19. 1/19/2023 Introduced. Read first time. To Com. on RLS. for assignment. To print. 4/13/2023 1:26:12 PM
SENATE BILL No. 227
Introduced by Senator Durazo
(Principal coauthor: Assembly Member Santiago)
(Coauthor: Assembly Member Wendy Carrillo)
January 19, 2023
An act to add and repeal Chapter 2 (commencing with Section 2020) of Part 8 of Division 2 of the Labor Code, and to add Section 17140.6 to the Revenue and Taxation Code, relating to unemployment. legislative counsel’s digest
SB 227, as introduced, Durazo. Unemployment: Excluded Workers Program.
(1) Existing law authorizes the payment of unemployment compensation benefits and requires that they be made in accordance with regulations of the Director of Employment Development. Existing law generally requires the Employment Development Department to promptly pay benefits if claimants are eligible or to promptly deny benefits if they are ineligible. Existing law prohibits payment of unemployment compensation benefits for services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, as specified.

This bill would establish, until January 1, 2027, the Excluded Workers Program, to be administered by the Employment Development Department upon appropriation by the Legislature, for the purpose of providing income assistance to excluded workers who are ineligible for the existing state or federal benefits administered by the department

99 and who are unemployed. The bill would make individuals eligible to receive $300 per week for each week of unemployment, if the Director of Employment Development makes certain findings, as defined and specified. The bill would require the department to promulgate regulations to implement the program, including regulations providing for an application process, as specified.

The bill would prohibit the department from requesting or compelling certain information from individuals in connection with administering the program and would prohibit the department from retaining specified documents for longer than necessary to administer benefits. The bill would also prohibit, except as specified, disclosures of personal information, as defined.

The bill would require the department, on or before April 1, 2025, and until all funds have been exhausted, or January 1, 2027, whichever comes first, to release quarterly reports on the progress of the program.

The bill would also require the department, on or before March 1, 2026, to submit a report to the Legislature that includes specified information about the program, including, program participation, benefit amounts paid, weeks of benefits paid per participant, specified demographic information on program participants, outreach efforts, and administrative costs.
(2) The Personal Income Tax Law, in modified conformity with federal law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income for purposes of computing tax liability.

Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.

This bill, for the taxable year beginning on or after January 1, 2025, and before January 1, 2027, would provide an exclusion from gross income for benefits received under the program. The bill would require the Franchise Tax Board to submit, on or before June 15, 2026, a report to the Legislature on the total number of claims for the exclusion and the amount claimed for each exclusion, and would provide findings and declarations relating to the goals, purposes, and objectives of this exclusion.
(3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating 99 SB 227 — 2 —
the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares the following:
line 2 (a)  In setting up a system of unemployment insurance benefits, line 3 the Legislature recognized that private charity and local relief line 4 cannot alone prevent the effects of unemployment. Created in line 5 1935, the unemployment insurance system serves two interlaced line 6 purposes: providing income support to workers so they can meet line 7 the basic needs of their family if they lose their jobs, and helping line 8 to sustain consumer demand during economic downturns by line 9 providing a continuing stream of dollars for families to spend in line 10 their local economies. Most workers who have become unemployed line 11 or underemployed through no fault of their own are eligible to line 12 receive unemployment insurance benefits and they, their families, line 13 and the California economy reap the benefits of this lifesaving line 14 program. However, due to historically racial exclusions, many of line 15 California’s most vulnerable workers are entirely excluded from line 16 the program.
line 17 (b)  The COVID-19 pandemic and the subsequent economic line 18 downturn caused millions of workers in California to lose their line 19 jobs and source of livelihood. Estimates from the Legislative line 20 Analyst’s Office show that 6 in 10 California workers worked jobs line 21 that could not be done remotely, increasing their chances of line 22 contracting COVID-19. Most of these workers were women, people line 23 of color, and immigrants who worked in some of the most line 24 hazardous and low-paid jobs, including fast food, grocery, garment, line 25 manufacturing, construction, and others.
line 26 (c)  Despite paying millions of dollars in state and local taxes line 27 and making up one-sixteenth of the California workforce, line 28 undocumented immigrants are categorically excluded from line 29 unemployment insurance. As of January 1, 2022, Section 1264 of line 30 the Unemployment Insurance Code provides that unemployment line 31 insurance benefits, extended duration benefits, and federal-state line 32 extended benefits shall not be payable to a noncitizen unless the 99 — 3 — SB 227
line 1 individual “was lawfully admitted for permanent residence at the line 2 time the services were performed, was lawfully present for line 3 purposes of performing the services, or was permanently residing line 4 in the United States under color of law at the time the services line 5 were performed[.]” During the COVID-19 pandemic, line 6 undocumented immigrant workers were also unable to access line 7 programs such as Pandemic Unemployment Assistance, Federal line 8 Pandemic Unemployment Compensation, and Pandemic line 9 Emergency Unemployment Compensation. These programs were line 10 a crucial lifeline for the one in six adults that received these benefits line 11 at the height of the crisis. Studies have shown that beyond line 12 curtailing poverty, these benefits substantially reduced hardship line 13 and improved the well-being of households, including recipients’ line 14 financial stability and mental health. Yet, some of California’s line 15 most vulnerable workers have been and remain completely line 16 excluded from these programs.
line 17 (d)  Immigrant workers make up a significant percentage of line 18 workers in many of the industries that experienced the highest line 19 rates of joblessness and low wages predating the COVID-19 line 20 pandemic. The impact of this job loss threatens the livelihoods of line 21 millions of Californians, in addition to the unemployed workers line 22 themselves. An estimated one in three undocumented residents is line 23 a parent and more than one in eight schoolaged children in line 24 California have a parent who is an undocumented immigrant. line 25 Without the support of essential safety net programs like line 26 unemployment insurance, many immigrant families are forced to line 27 exhaust their life savings, accumulate debt, and compromise their line 28 health to simply afford basic necessities like rent and food. line 29 (e)  California’s economy also suffers by excluding line 30 undocumented workers from this program. By partially replacing line 31 unemployed workers’ earnings, unemployment insurance (UI) line 32 benefits help alleviate the inherent reduction in consumption and line 33 economic activity that results when there is a drastic increase in line 34 unemployment. Economists maintain that UI benefits produce at line 35 least $1.61 of economic stimulus for every $1 of benefits paid. line 36 Indeed, one economist found that during the Great Recession, line 37 every $1 of UI benefits produced about $2 dollars of economic line 38 impact. Similarly, UI benefits help employers and the labor market line 39 by supporting workers to find the best matched positions. 99 SB 227 — 4 —
line 1 (f)  While the COVID-19 pandemic has highlighted the extreme line 2 consequences of undocumented workers’ exclusion from line 3 unemployment insurance, this problem has existed for decades line 4 and it will only become more urgent. Wildfires, severe weather line 5 events, economic fluctuations, seasonal changes in workforce line 6 needs—all of these factors will continue to cause unemployment. line 7 And for most low-income individuals, unemployment without a line 8 safety net is a crisis no matter when it occurs. line 9 (g)  To rectify the unjust exclusion of immigrant workers from line 10 an essential social safety net program and build a safer and more line 11 resilient economy, this bill would require the Employment line 12 Development Department to establish an Excluded Workers line 13 Program to provide weekly monetary assistance to unemployed line 14 workers who are ineligible for state or federal unemployment line 15 insurance benefits due to their immigration status. line 16 SEC. 2. Chapter 2 (commencing with Section 2020) is added line 17 to Part 8 of Division 2 of the Labor Code, to read:
line 18
line 19 Chapter 2. Excluded Workers Program
line 20
line 21 2020. (a)  This chapter establishes the Excluded Workers line 22 Program, which shall be administered by the Employment line 23 Development Department, upon appropriation by the Legislature line 24 of sufficient funds to carry out the program.
line 25 (b)  The purpose of the Excluded Workers Program is to provide line 26 income assistance to excluded workers who are ineligible for the line 27 state or federal unemployment insurance benefits administered by line 28 the Employment Development Department and who are line 29 unemployed.
line 30 (c)  It is the intent of the Legislature to authorize persons who line 31 are not lawfully present in the United States, as members of the line 32 class of workers excluded from unemployment insurance benefits, line 33 to participate in and receive disbursements from the Excluded line 34 Workers Program, and this chapter is therefore enacted pursuant line 35 to subsection (d) of Section 1621 of Title 8 of the United States line 36 Code.
line 37 2021. For purposes of this chapter, the following definitions line 38 apply:
line 39 (a)  “Department” means the Employment Development line 40 Department of the Labor and Workforce Development Agency. 99 — 5 — SB 227
line 1 (b)  “Director” means the Director of Employment Development. line 2 (c)  “Employee” has the same meaning as defined in paragraph line 3 (1) of subdivision (b) of Section 2775.
line 4 (d)  “Individual” means a person who is applying for or receiving line 5 disbursements from the program.
line 6 (e)  “Personal information” means any type of information that line 7 identifies or describes an individual, including, but not limited to, line 8 the individual’s name, social security number, taxpayer line 9 identification number, physical description, home address, home line 10 telephone number, education, financial matters, and medical or line 11 employment history. It includes statements made by, or attributed line 12 to, the individual.
line 13 (f)  “Program” means the Excluded Workers Program. line 14 (g)  “Wages” has the same meaning as defined in Section 926 line 15 of the Unemployment Insurance Code.
line 16 (h)  “Week of unemployment” means a week during which the line 17 individual performs no work and earns no wages. line 18 2022. (a)  An individual shall be eligible to receive program line 19 benefits with respect to any week that falls between January 1, line 20 2025, and December 31, 2025, inclusive, if the director finds all line 21 of the following:
line 22 (1)  The individual resides in California at the time of the line 23 application.
line 24 (2)  (A)  The individual performed at least 93 hours of work or line 25 earned at least one thousand three hundred dollars ($1,300) in line 26 gross wages over the course of 3 calendar months, which do not line 27 need to be consecutive, for work performed in California as an line 28 employee within either the 12 months preceding their application line 29 for benefits or the calendar year preceding their application for line 30 benefits.
line 31 (B)  The individual’s eligibility under this paragraph shall be line 32 determined as provided in subdivision (e) of Section 2023. line 33 (3)  The individual experienced a week of unemployment during line 34 that week.
line 35 (4)  The individual is ineligible to receive unemployment line 36 insurance benefits under subdivision (a) of Section 1264 of the line 37 Unemployment Insurance Code or under subsection (a) of Section line 38 604.3 of Title 20 of the Code of Federal Regulations for reasons line 39 related to the individual’s authorization to work. 99 SB 227 — 6 —
line 1 (b)  Notwithstanding any other law, an individual shall be eligible line 2 to receive benefits from the program regardless of their line 3 immigration status provided they meet the eligibility requirements line 4 set forth in subdivision (a).
line 5 (c)  Notwithstanding subdivision (a), an individual shall be line 6 ineligible to receive payments from the program for any week in line 7 which the individual received any of the following:
line 8 (1)  Paid family leave pursuant to Chapter 7 (commencing with line 9 Section 3300) of Part 2 of Division 1 of the Unemployment line 10 Insurance Code.
line 11 (2)  Disability benefits pursuant to Part 2 (commencing with line 12 Section 2601) of Division 1 of the Unemployment Insurance Code. line 13 (3)  Temporary or permanent disability benefits pursuant to line 14 Article 3 (commencing with Section 4650) of Chapter 2 of Part 2 line 15 of Division 4.
line 16 2023. (a)  On or before January 1, 2025, the department shall line 17 promulgate regulations to administer the program. The regulations line 18 shall set forth all of the following processes, at a minimum:
line 19 (1)  A process by which individuals may apply for the benefits line 20 under this chapter.
line 21 (2)  A process for notifying individuals of the acceptance or line 22 denial of their application in a timely manner. line 23 (3)  A process for individuals to request a review of the denial. line 24 (b)  In administering the program established by this chapter, line 25 the department shall not take any of the following actions:
line 26 (1)  Requesting, orally or in writing, an individual’s nationality, line 27 place of birth, or eligibility or ineligibility for a social security line 28 number.
line 29 (2)  Compelling or requesting an individual to admit in writing line 30 whether they have proof of lawful presence in the United States. line 31 (3)  Contacting an individual’s current, former, or prospective line 32 employer for any purpose, including to verify employment status. line 33 This paragraph does not prohibit the department from using other line 34 means to verify past employment.
line 35 (4)  Recording an individual’s immigration or citizenship status. line 36 (c)  The department and any entity acting as an agent for the line 37 department shall not retain the documents or copies of documents line 38 submitted by applicants for this program for any longer than line 39 necessary to administer benefits.
99 — 7 — SB 227
line 1 (d)  The department shall begin accepting applications as soon line 2 as practicable following the issuance of final regulations to line 3 administer the program.
line 4 (e)  (1)  For purposes of demonstrating eligibility under line 5 paragraph (2) of subdivision (a) of Section 2022, an applicant shall line 6 self-attest to meeting that requirement and shall submit line 7 documentation with a value equal to at least four points to establish line 8 proof of work history, except as provided in paragraph (3). The line 9 following documentation has the following values:
line 10 (A)  The following documentation each has a value of four line 11 points:
line 12 (i)  Wage statements, as set forth in subdivision (a) of Section line 13 226 or, if the employer has failed to provide the applicant with line 14 accurate wage statements meeting the requirements of subdivision line 15 (a) of Section 226, nonpayroll checks paid by the employer or line 16 employer’s agent to the applicant or other records showing line 17 payments from an employer to the applicant.
line 18 (ii)  A federal tax return for the taxable year immediately line 19 preceding the date of application for benefits, with proof of filing line 20 with the Internal Revenue Service using a social security number line 21 or valid federal individual taxpayer identification number line 22 demonstrating at least five thousand two hundred dollars ($5,200) line 23 in gross wages. Five thousand two hundred dollars ($5,200) in line 24 gross wages demonstrates at least one thousand three hundred line 25 dollars ($1,300) in gross wages during the individual’s highest line 26 earning quarter in accordance with the requirement set forth in line 27 subparagraph (A) of paragraph (2) of subdivision (a) of Section line 28 2022.
line 29 (iii)  A state tax return for the taxable year immediately preceding line 30 the date of application for benefits, filed with the Franchise Tax line 31 Board using a social security number or valid federal individual line 32 taxpayer identification number demonstrating at least five thousand line 33 two hundred dollars ($5,200) in gross wages.
line 34 (iv)  An Internal Revenue Service Form W-2 demonstrating at line 35 least five thousand two hundred dollars ($5,200) in gross wages line 36 for the taxable year immediately preceding the date of application line 37 for benefits.
line 38 (v)  A Form 1099, a state tax return, or a federal tax form from line 39 the prior year demonstrating at least five thousand two hundred line 40 dollars ($5,200) in gross income, coupled with evidence sufficient 99 SB 227 — 8 —
line 1 to demonstrate that the individual earned that income as an line 2 employee.
line 3 (vi)  Time records showing when the employee begins and ends line 4 work each work period sufficient to demonstrate at least 93 hours line 5 worked within a 3-month period from the 12-month period prior line 6 to the application.
line 7 (B)  The following documentation each has a value of two points:
line 8 (i)  Evidence, such as statements issued by a financial institution, line 9 showing regular direct deposits made by an employer to the line 10 applicant, or regular deposits of cash earnings or checks made by line 11 the applicant to the applicant’s bank account.
line 12 (ii)  Receipts from a check-cashing establishment or transaction line 13 logs from a payment app showing regular direct deposits, deposits, line 14 or transfers from an employer.
line 15 (iii)  Receipts or records showing a consecutive pattern of line 16 commuting to and from a work location, such as toll records, line 17 parking receipts, or public transportation records that demonstrate line 18 at least 93 hours of work performed within a three-month period. line 19 (iv)  A letter attesting to the applicant’s employment history line 20 issued by a charitable organization registered with the Department line 21 of Justice or other entity designated by the director and based on line 22 knowledge that the applicant meets the requirements of paragraph line 23 (2) of subdivision (a) of Section 2022, acquired in the course of line 24 conducting intake, interviews, or other standard processes related line 25 to the provision of job-related direct services to the applicant. The line 26 department shall not contact the charitable organization for any line 27 reason other than to authenticate the letter.
line 28 (C)  The following documentation has a value of one point:
line 29 (i)  An employer-issued identification badge or identification line 30 card.
line 31 (ii)  Emails, text messages, social media messages, or other line 32 written communications relating to delivery order sheets, work line 33 invoices, work schedules, sign-in sheets, timesheets, directions or line 34 instructions from employers, or other written work-related line 35 communications between an applicant and an employer establishing line 36 the existence of a work relationship. Communications described line 37 in this clause shall only count for a total of one point, regardless line 38 of the quantity or volume of documentation submitted. line 39 (2)  The department may, by regulation, establish alternative line 40 documents that sufficiently demonstrate an applicant’s qualification 99 — 9 — SB 227
line 1 for the program, provided that those documents demonstrate that line 2 the applicant meets the eligibility requirement set forth in paragraph line 3 (2) of subdivision (a) of Section 2022.
line 4 (3)  If an applicant cannot provide sufficient documentation of line 5 their work hours, wages, or other employment records in order to line 6 meet the minimum documentation value of four points as required line 7 by this subdivision, the department may conduct a credibility line 8 interview to determine whether the applicant’s submission line 9 reasonably demonstrates that they meet the eligibility requirements line 10 of this program set forth in paragraph (2) of subdivision (a) of line 11 Section 2022. The department may establish procedures for line 12 credibility interviews.
line 13 2024. (a)  Personal information and documents collected under line 14 this chapter are confidential and exempt from disclosure under the line 15 California Public Records Act (Division 10 (commencing with line 16 Section 7920.000) of Title 1 of the Government Code), and may line 17 be used or disclosed only for purposes of administering the line 18 program, except as necessary to comply with an order, warrant, line 19 or subpoena, as issued by a court.
line 20 (b)  In carrying out the services and programs created by this line 21 chapter, the department shall establish procedures and safeguards line 22 against unauthorized access to, and use of, personal information line 23 collected by the department pursuant to this chapter by any person line 24 or entity, public or private, other than an employee of the line 25 department or a person or entity acting as an agent for the line 26 department for the purpose of administering the program. line 27 (c)  Personal information and documents collected under this line 28 chapter shall not be shared with other government agencies except line 29 as necessary to administer the program, notwithstanding the line 30 existence of data sharing agreements to which the department is line 31 a party.
line 32 2025. (a)  Any individual found eligible for the program shall line 33 receive a payment in the amount of three hundred dollars ($300) line 34 for each week of unemployment occurring between January 1, line 35 2025, and December 31, 2025, inclusive.
line 36 (b)  The total number of weeks of unemployment for which a line 37 covered individual may receive assistance under this chapter shall line 38 not exceed 20 weeks.
99 SB 227 — 10 —
line 1 2026. (a)  (1)  On or before April 1, 2025, the department shall line 2 release quarterly reports on the progress of the program, including, line 3 but not limited to:
line 4 (A)  Total benefits paid.
line 5 (B)  The number of individuals who applied for benefits. line 6 (C)  The number of individuals who received benefits. line 7 (2)  The quarterly reporting shall continue until all funds have line 8 been exhausted, or until January 1, 2027, whichever comes first. line 9 (b)  (1)  On or before March 1, 2026, the department shall submit line 10 a report to the Legislature on the program, including, but not line 11 limited to:
line 12 (A)  Program participation.
line 13 (B)  Benefit amounts paid.
line 14 (C)  Weeks of benefits paid per participant.
line 15 (D)  Demographic information on program participants, including line 16 income, gender, race, ethnicity, language, geographic distribution line 17 by county and legislative district, and employment sector. line 18 (E)  Outreach efforts.
line 19 (F)  Administrative costs.
line 20 (2)  A report to the Legislature pursuant to this subdivision shall line 21 be submitted in compliance with Section 9795 of the Government line 22 Code.
line 23 2027. This chapter shall remain in effect only until January 1, line 24 2027, and as of that date is repealed.
line 25 SEC. 3. Section 17140.6 is added to the Revenue and Taxation line 26 Code, to read:
line 27 17140.6. For the taxable year beginning on or after January 1, line 28 2025, and before January 1, 2027, gross income does not include line 29 benefits or payments received under Chapter 2 (commencing with line 30 Section 2020) of Part 8 of Division 2 of the Labor Code. line 31 SEC. 4. For purposes of complying with Section 41 of the line 32 Revenue and Taxation Code, the Legislature finds and declares as line 33 follows:
line 34 (a)  The goals, purposes, and objectives of this exclusion are to line 35 ensure that, as much as is reasonably possible, the benefits received line 36 under the Excluded Workers Program (Chapter 2 (commencing line 37 with Section 2020) of Part 8 of Division 2 of the Labor Code) are line 38 spent in the communities in which the individuals receiving the line 39 benefits live.
99 — 11 — SB 227
line 1 (b)  The Legislature shall use income reporting for the exclusion line 2 provided by the Franchise Tax Board as the performance indicator line 3 to measure whether the exclusion meets the goals, purposes, and line 4 objectives stated in subdivision (a).
line 5 (c)  The Franchise Tax Board shall submit to the Legislature, no line 6 later than June 15, 2026, a report that complies with Section 9795 line 7 of the Government Code on the total number of claims for the line 8 exclusion and the amount claimed for each exclusion. Any line 9 individually identifiable information collected pursuant to this line 10 subdivision that is used in the report shall be compiled in an line 11 aggregate or anonymized manner to preserve confidentiality. line 12 (d)  The disclosure provisions of this section shall be treated as line 13 an exception to Section 19542 under Article 2 (commencing with line 14 Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the line 15 Revenue and Taxation Code.
line 16 SEC. 5. The Legislature finds and declares that Section 2 of line 17 this act, which adds Section 2024 to the Labor Code, imposes a line 18 limitation on the public’s right of access to the meetings of public line 19 bodies or the writings of public officials and agencies within the line 20 meaning of Section 3 of Article I of the California Constitution. line 21 Pursuant to that constitutional provision, the Legislature makes line 22 the following findings to demonstrate the interest protected by this line 23 limitation and the need for protecting that interest:
line 24 The act strikes a balance between furthering the public interest line 25 in rectifying the unjust exclusion of immigrant workers from line 26 essential social safety net programs like unemployment insurance line 27 and protecting the privacy of individuals receiving or applying for line 28 the benefits outlined in this act.

O
99 SB 227 — 12 —

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at 1302 Pomegranate Street (APN 011-351-076)
RECOMMENDATION:

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

Antonio Meza Jr. and Sandra Meza, owners of a single-family home at 1302 Pomegranate Street, have submitted a request to build a swimming pool in the backyard of their home that also includes a PUE. It is noted that the home is a corner home with limited options for an inground pool. The City does not have the authority to allow or approve construction within PUEs that are not for the exclusive use of the City.

DISCUSSION:

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

B-7
In this situation, a proposed pool extends into a public utility easement offered for dedication on the Orchard Pointe Phase II subdivision map no. 06-S-02, recorded on September 6, 2006. While the easement appears to be unused, the easement continues to exist, and utilities may be added in the future.

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

FINANCIAL IMPACT:

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

ALTERNATIVES:

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

ATTACHMENTS:

1. Resolution
a. Exhibit A – Covenant Agreement
Attachment 1
Resolution
RESOLUTION NO. 23-_____

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

CALIFORNIA APPROVING COVENANT AGREEMENT TO ALLOW A LIMITED

ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT AT PROPERTY OWNER’S RISK
WHEREAS, Antonio Meza Jr. and Sandra Meza are Owners in fee title of that certain improved real property commonly known as 1302 Pomegranate Street (Property) in the City of Madera, County of Madera (APN 011-351-076-000); and
WHEREAS, Owners propose to construct a pool in the backyard of the Property, and have applied to the City for a building permit to construct the same; and WHEREAS, the proposed pool as designed will encroach into a public utility easement (PUE); and
WHEREAS, no utilities are currently using the PUE, but could do so at some future date; and
WHEREAS, To accommodate Owners’ proposal, the City, as for itself and no other Utility, desires to agree to allow for a limited, temporary, encroachment by Owners into the PUE at the Owner exclusive cost and risk, and subject to Owners obtaining appropriate approvals from the other Utilities (such as a recorded covenant or agreement) and future use by the Utilities.

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

1. The above recitals are true and correct.

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

3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Covenant Agreement
APN. 011-351-076-000 SPACE ABOVE THIS LINE FOR RECORDER’S USE Fee waived per Gov. Code Section 27383 & 27388.1(a)(2)(D)…No Fee Due

COVENANT AGREEMENT TO ALLOW A LIMITED

ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT
AT PROPERTY OWNER(S)’ RISK
This Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at Property Owner(s)’ Risk (“Agreement”) is made and entered into this 3rd day of May, 2023 by Antonio Meza Jr. and Sandra Meza (“Owners”) and the City of Madera (“City”) for the purpose of allowing a limited encroachment into a public utilities easement.

RECITALS:

A. Owners own in fee title that certain improved real property commonly known as (insert address) in the City of Madera, County of Madera (APN. 011-351-076-000) and legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).

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

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

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

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

RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City Clerk
City of Madera
205 W. Fourth St.

Madera, CA 93637
AGREEMENT:

NOW, THEREFORE, the Parties agree as follows:

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

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

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

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

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

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

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

7. Miscellaneous.

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

CITY
Office of the City Engineer
428 E. Yosemite Avenue
Madera, CA 93638
OWNERS
Antonio Meza Jr. and Sandra Meza
1302 Pomegranate Street
Madera, CA 93638

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

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

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

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

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

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

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

OWNERS: CITY OF MADERA
_______________________
*By: Antonio Meza Jr.
_______________________
*By: Sandra Meza
By: ________________________
Santos Garcia
Mayor
Date: _______________, 2023
* Signature must be notarized.

Exhibit A
Property Description
LOT 222 OF ORCHARD POINTE ESTATES PHASE 11, IN THE CITY OF MADERA,

COUNTY OF MADERA, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 56 OF MAPS, PAGES 65 THROUGH 73, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, AND AMENDED BY CERTIFICATE OF
CORRECTION RECORDED JANUARY 25, 2007 AS INSTRUMENT NO. 3578 OF OFFICIAL RECORDS.

APN: 011-351-076-000
Exhibit B
Depiction of Public Utility Easement (Including Encroachment)

POMEGRANATE ST
11302 POMEGRANATE ST, I

POOL ENCROACHMENT

INTO EASEMENT (PUE)
State of California
County of ___________________
On ______________, 2023 before me, _______________________________, personally appeared _____________________________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.

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

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

Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at 1409 Taylor Lane (APN 006-580-004)
RECOMMENDATION:

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

Michael and Lauri Hinton, the owners of a home at 1409 Taylor Lane, APN 006-580-004, have submitted a request to build a swimming pool in the back yard of a home that also includes a PUE. The City does not have authority to allow or approve of construction within PUEs that are not for exclusive use of the City.

DISCUSSION:

Prior to property owners securing permits for construction of pools or other permanent structures, the City typically reviews the proposal for any concerns that may exist with that construction including mandatory setbacks from property line or other structure. In addition, the City checks for existing easements to ensure the property owner and the City are not subject to a demand to remove facilities and liability associated therewith constructed under a permit approved by the City.

In this situation, a pool has been proposed that extends into an easement originally granted to San Joaquin Light and Power Corporation for Electric Transmission Line, on October 3, 1919. While the line was never constructed, that does not mean that the current owner of the easement might construct a facility at a later date.

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

B-8
FINANCIAL IMPACT:

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

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

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

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

ATTACHMENTS:

1. Resolution
a. Exhibit A – Covenant Agreement
Attachment 1
Resolution
RESOLUTION NO. 23-_____

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

CALIFORNIA APPROVING COVENANT AGREEMENT TO ALLOW A LIMITED

ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT AT PROPERTY OWNER’S RISK
WHEREAS, Michael and Lauri Hinton are the Owners in fee title of that certain improved real property commonly known as 1409 Taylor Lane (Property) in the City of Madera, County of Madera (APN 006-580-004-000); and
WHEREAS, Owner propose to construct a pool in the backyard of the Property, and have applied to the City for a building permit to construct the same; and WHEREAS, the proposed pool as designed will encroach into a public utility easement (PUE); and WHEREAS, no utilities are currently using the PUE, but could do so at some future date; and WHEREAS, To accommodate Owners’ proposal, the City, as for itself and no other Utility, desires to agree to allow for a limited, temporary, encroachment by Owners into the PUE at the Owner exclusive cost and risk, and subject to Owners obtaining appropriate approvals from the other Utilities (such as a recorded covenant or agreement) and future use by the Utilities.

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

1. The above recitals are true and correct.

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

3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Covenant Agreement
APN. 006-580-004-000 SPACE ABOVE THIS LINE FOR RECORDER’S USE Fee waived per Gov. Code Section 27383 & 27388.1(a)(2)(D)…No Fee Due

COVENANT AGREEMENT TO ALLOW A LIMITED

ENCROACHMENT INTO A PUBLIC UTILITY EASEMENT
AT PROPERTY OWNER(S)’ RISK
This Covenant Agreement to Allow a Limited Encroachment into a Public Utility Easement at Property Owner(s)’ Risk (“Agreement”) is made and entered into this 3rd day of May, 2023 by Michael and Lauri Hinton (“Owners”) and the City of Madera (“City”) for the purpose of allowing a limited encroachment into a public utilities easement.

RECITALS:

A. Owners own in fee title that certain improved real property commonly known as 1409 Taylor Lane in the City of Madera, County of Madera (APN. 006-580-004- 000) and legally described on Exhibit A attached hereto and incorporated herein by reference (“Property”).

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

RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City Clerk
City of Madera
205 W. Fourth St.

Madera, CA 93637
AGREEMENT:

NOW, THEREFORE, the Parties agree as follows:

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

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

7. Miscellaneous.

CITY
Office of the City Engineer
428 E. Yosemite Avenue
Madera, CA 93638
OWNERS
Michael and Lauri Hinton
1409 Taylor Ln.

Madera, CA 93637

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

OWNERS: CITY OF MADERA
_______________________
*By: Michael Hinton
_______________________
*By: Lauri Hinton
By: ________________________
Santos Garcia
Mayor
Date: _______________, 2023
* Signature must be notarized.

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

Lot 129 of Cottonwood Estates Phase 4 Subdivision No. 05-S-12, according to the Map thereof Recorded in Book 54, Pages 126 and 127 of Maps, Madera County Records.

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

APN: 006-580-004-000
Exhibit B
Depiction of Public Utility Easement (Including Encroachment) z
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'---': I ', I
1,,os TAYLOR LN. Y/1
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·., l__J
POOL

ENCROACHMENT
INTO

EASEMENT
(PUE)
PUE
State of California
County of ___________________
On ______________, 2023 before me, _______________________________, personally appeared _____________________________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument.

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

REPORT TO CITY COUNCIL
Council Meeting of: May 3, 2023
Agenda Number:

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

Bid Package 1 – RRFB and Safety Improvements at George Washington Elementary School, AHSC Agreement No. 19-AHSC-12761, City Project No. R-94
RECOMMENDATION:

Adopt a Minute Order Approving:

1. Acceptance of the Construction Bid Package 1 – RRFB and Safety Improvements at George Washington Elementary School, AHSC Agreement No. 19-AHSC-12761, City Project No. R-94

2. Recording of Notice of Completion

3. Release of retention 35 days after the recording of the Notice of Completion SUMMARY:

At its July 6, 2022 meeting, the City Council awarded a contract to Bush Engineering, Inc. for the Project for $177,210. The Contractor has completed the Project in accordance with the plans and specifications and as modified by approved change orders.

BACKGROUND:

The work, in general, consisted of the installation of Rectangular Rapid Flashing Beacons (RRFB) at two crosswalks serving George Washington Elementary School, as well as concrete ADA ramp improvements. A map of said improvements is provided in Attachment 1. A final project inspection was conducted by City staff pursuant to the construction drawings. All parties agree that the project can be recommended for acceptance by the Council and a “Notice of Completion” recorded.

Table 1 provides a summary of the project. It is noted that two Change Orders were processed.

M~ B-9
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The change orders consisted of costs due to unforeseen conditions, fixing ADA hazards, and final balancing change orders involving additives or deductive items based on the total work performed versus the total quantity included in the bid item.

Table 1: Project Summary, including Change Orders
Summary of Changes Cost
Original Project $177,210.00
Change Order #1 $7,696.76
Change Order #2 $4180.40
Total $184,906.76
The final progress payment, less the retention amount of five percent, has been processed.

The Change Orders' total cost increased the project's cost by approximately 4.34 percent, wherein a contingency of up to 15 percent of the original contract amount was included. The construction project was completed within the adjusted contract time and available budget.

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. Funds for the project are programmed in the Fiscal Year (FY) 2021/22 Capital Projects Budget and carried over to FY 2022/23. Any unused Affordable Housing and Sustainable Communities (AHSC) funds will transfer back to the fund balance for other project expenses.

ALTERNATIVES:

As an alternative, the Council may reject the Project's Notice of Completion. Rejection of the Notice of Completion will result in staff’s inability to release retention funds and closing the Project.

ATTACHMENTS:

1. Location Map

2. Notice of Completion

3. Pictures
ATTACHMENT 1
Location Map

ATTACHMENT 2
Notice of Completion

Page 1 of 2 ends

Recording Requested by:

City of Madera
And When Recorded, Mail to:

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

NOTICE OF COMPLETION
_____________________________________________________________________________________________________________________ NOTICE IS HEREBY GIVEN THAT:

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

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

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

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

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

Name Address
______________________________________ ___________________________________________

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

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

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

Name Address
______________________________________ ___________________________________________

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

10. The street address of said property is
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Keith Brent Helmuth, P.E.

City Engineer
________________________________________________

Page 2 of 2 ends

State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
_______________________________________________________ Keith Brent Helmuth, P.E.

City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the ___________ day of _____________________, 2021 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
______________________________________________________ (Seal) Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.

ATTACHMENT 3
Pictures

Figure 1 – Curb Ramp SE side of Dellavalle & South (Before) Figure 2 – Curb Ramp SE Side of Dellavalle & South (After) Figure 3 – Curb Ramp SW side of Dellavalle & South (Before) Figure 4 – Curb Ramp SW Side of Dellavalle & South (After) Figure 5 – Crosswalk Improvements at South & Dellavalle Figure 6 – Crosswalk Improvements at Dellavalle & Lincoln APR 2 4 2023 1 0 : 23 AM
602 E Sout h S t
Madera CA 9 3638
Unite d Stat es
R 2 4 2023 10 : 23 AM
900 Dellavalle Ave
Mad era CA 93638
Un it ed States

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: ___________ Justin Macomb, Assistant Fire Chief
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment to the Tyler Munis Technologies License and Services Agreement for the Fire Prevention Mobile with Smart Draw System to include Licensing and Software Access and Related Budget Amendment
RECOMMENDATION:

1. Adopt resolution approving an amendment to agreement with Tyler Technologies, Inc. to purchase Fire Prevention Mobile with Smart Draw system to include licenses, software, and services for $21,906 in year 1, plus an annual renewal fee of $14,007 from Measure K; and

2. Adopt resolution approving a Budget Amendment to allow for payment of agreement with Tyler Technologies, Inc. from Measure K funds
SUMMARY:

As discussed at the City Council meeting on December 7, 2022, one of the Fire Department's responsibilities is enforcing Fire and Life Safety inspections per Senate Bill (SB) 1205. In addition to SB 1205, the City anticipates inspecting occupancies within its jurisdiction per California’s Health and Safety Code, including sections §13109, §13145 and §13146.

The City will utilize three fire companies and a Battalion Chief to accomplish said inspections.

Unfortunately, the City does not have a data management system to track inspections. To minimize labor and communication between staff and property owners, the goal is to implement a digital inspection program that allows consistent inspection standards and interoperability with the City’s current software system. Moreover, this would enable customers to pay inspection fees online. Uniform standards and straightforward interpretation of California’s vast codes are essential to a successful program. Interoperability with existing systems allows for transparency across multiple disciplines, including but not limited to Planning, Permitting, and Finance. After B-10
studying various systems, it is recommended to purchase Fire Prevention Mobile with Smart Draw by Tyler Technologies.

DISCUSSION:

The City Council approved the implementation of post-occupancy fire safety inspections with the 2022/23 budget. On October 17, 2022, a second Battalion Chief was hired to implement the Fire and Life Safety program per SB 1205. Prior to this, the City had not conducted post-occupancy inspections since 1993. To date:
 Resources have been spent gathering the necessary equipment and materials to implement a successful program.
 Documents are being drafted outlining inspection requirements by occupancy type to be available for fire inspectors and the citizens. This would also allow for educational materials to be available in other languages.
 Staff training- On site and through the program
Multiple programs were researched to ensure the program could meet the City's needs.

Additionally, variousjurisdictions were surveyed on what obstacles and successes they experienced in managing a fire safety inspection program so that an informed decision could be made on how to best proceed.

During the City’s outreach to other communities, several themes emerged, including:
 The exorbitant amount of staff time required for record-keeping and follow-up  In areas where personnel appeared below the norm, issues were exacerbated by outdated paper processing and record keeping impacting time conducting inspections.  Challenges with accurate billing and record keeping.

As a result, it became evident that selecting a robust system is imperative. In short, software programs offer improved efficiencies related to consistency, hours spent inspecting, processing, billing, archival of inspection records, and interdepartmental communication.

Hours saved conducting inspections on a tablet will alleviate time spent conducting research by engine companies. In addition, a robust software system:
 Can instantly produce an inspection report and download inspection history to a record management system
 Eliminates the need for manual data entry by staff
 Automatically creates inspection reports in real-time and makes them available to all necessary parties with relevant code references.
 Provides built-in scheduling with reminders
 Maintains a database of current inspection codes, minimizing the amount of print material
While software systems allow for improved efficiencies, when most systems are implemented, issues will undoubtedly arise.

The benefits of moving to a digital system far outweigh the cost associated with its purchase. In addition, a program’s ability to cross-communicate with multiple departments provides immeasurable value. It will minimize the potential of duplicating work while providing other City departments instant feedback, including the Building and Finance Departments. This allows permits to be issued or withheld based on outstanding fees or violations. Without this crosscommunication, the Fire Department would have to engage with multiple departments and develop a tracking system conducive to all parties.

Based on this review, Fire Inspection Mobile with Smart Draw by Tyler Technologies was identified as the best product to meet the City’s needs. Tyler Technologies is the provider of the City’s Enterprise Resource System. Tyler Technologies, Inc.'s Fire Inspection Mobile with Smart Draw program integrates with Enterprise Resources and the City’s financial system (Tyler Munis).

The City has an existing agreement with Tyler Technologies, Inc. To proceed with purchasing the Fire Inspection Mobile with the Smart Draw system, the City must execute an amendment to the agreement.

FINANCIAL IMPACT:

The total cost of the program is $21,906. This covers initial setup and first-year licensing. Staff recommends paying the setup fee of $7,899 out of fiscal year 2022/23 Measure K fund. The remainder of $14,007 for first-year licensing and annual renewal fees of $14,007 should be paid out of the appropriate fiscal year Measure K budget. While there is a yearly assessment, said cost would be recovered as part of the City’s cost recovery system when property owners are billed for necessary inspections.

ALTERNATIVES:

Potential Council options include:

1. Deny the request as outlined above.

2. Council may direct staff to review alternative systems.

ATTACHMENTS:

1. Resolution approving Tyler Technologies Amendment To License And Services Agreement

2. Resolution approving budget amendment for Measure K funds to purchase Fire Prevention Mobile with Smart Draw

3. Tyler Technologies amendment Contract
RESOLUTION NO. 23-

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

CALIFORNIA, APPROVING AN AMENDMENT TO THE TYLER
TECHNOLOGIES LICENSE AND SERVICES AGREEMENT FOR $21,906 FOR

THE FIRE PREVENTION MOBILE WITH SMART DRAW SYSTEM TO INCLUDE

LICENSING AND SOFTWARE ACCESS AND APPROVING RELATED BUDGET

AMENDMENT FOR USE OF MEASURE K FUNDS
WHEREAS, the City of Madera Fire Department (MFD) is responsible for Fire and Life inspections under SB1205 within the City of Madera; and WHEREAS, MFD is responsible for fire safety inspections under the Health & Safety Code within the City; and
WHEREAS, MFD has a need forrelated software to aid in the implementation of fire safety inspections; and
WHEREAS, the City has an existing agreement with Tyler Technologies, Inc. for the City’s Enterprise Resource System; and
WHEREAS, Tyler Technologies, Inc. offers Fire Prevention Mobile with Smart Draw and related software that integrates with the City’s existing software systems; and WHEREAS, the City wishesto purchase Fire Prevention Mobile with Smart Draw fromTyler Technologies, Inc, and implement the related software for the efficient and effective enforcement of fire safety inspections; and
WHEREAS, the parties wish to amend the existing agreement to include Fire Prevention Mobile with Smart Draw; and
WHEREAS, a budget amendment is necessary to reflect that payment for this amendment to agreement will be paid from Measure K funds.

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

1. The above recitals are true and correct.

2. The Amendment to the Tyler Technologies License And Services Agreement between the City of Madera and Tyler Technologies, Inc., attached hereto as Exhibit 1 and incorporated by reference, is approved.

3. The Council approves a budget amendment to authorize payment for this Amendment to Agreement with Measure K funds.

4. The resolution is effective immediately
****************
RESOLUTION NO. 23-

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

CALIFORNIA, APPROVING MEASURE K FUNDS FOR THE PURCHASE OF

TYLER TECHNOLOGIES FIRE PREVENTION MOBILE WITH SMART DRAW

SYSTEM TO INCLUDE LICENSING AND SOFTWARE ACCESS
WHEREAS, the City of Madera Fire Department (MFD) is responsible for Fire and Life inspections under SB1205 within the City of Madera; and WHEREAS, MFD is responsible for fire safety inspections under the Health & Safety Code within the City; and
WHEREAS, MFD has a need forrelated software to aid in the implementation of fire safety inspections; and
WHEREAS, Tyler Technologies, Inc. offers Fire Prevention Mobile with Smart Draw and related software that integrates with the City’s existing software systems; and WHEREAS, the City wishesto purchase Fire Prevention Mobile with Smart Draw fromTyler Technologies, Inc, and implement the related software for the efficient and effective enforcement of fire safety inspections; and
WHEREAS, the Council authorizes Measure K funds to be used for the purchase of Fire Prevention Mobile with Smart Draw
WHEREAS, $7,899.00 is approved for initial set up and licensing to the city WHEREAS, $14,007.00 is approved for the yearly subscription rate to be renewed annually
NOW THEREFORE, THE CITY COUNCILOF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The council authorizes Measure K funds for the purchase of Fire Prevention Mobile with Smart Draw

3. The resolution is effective immediately.
* * * * * * * *
1 AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Madera, California, with offices at 205 West Fourth Street, Madera, California 93637 (“Client”).

WHEREAS, Tyler and Client are parties to an agreement dated August 18, 2015 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the first day of the first month following the Amendment Effective Date. Payment of fees and costs for such items shall conform to the following terms:
a. The annual SaaS fees payable under the Agreement shall be $14,007, for the Tyler Software added herein. The first year’s annual SaaS Fees shall be invoiced on the earlier of (i) use of the Tyler Software added herein in live production; or (ii) October 1, 2023. b. The Professional Services fees set forth in Exhibit 1 shall be invoiced on the Amendment Effective Date.
c. Applicable expenses shall be invoiced as incurred.

2. Tyler Software provided as SaaS is subject to the Tyler SaaS Services Terms and Service Level Agreement found here: https://www.tylertech.com/terms/tyler-saas-services.

3. Your use of Tyler’s Fire Prevention Mobile solutions is subject to the terms found here:
https://www.tylertech.com/terms/mobileeyes-third-party-terms. By signing this Amendment or accessing, installing, or using the Fire Prevention Mobile solution, you agree that you have read, understood, and agree to such terms.

4. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

5. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
• ·•:::-. tyler • h me Jgies
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. City of Madera, California
By: By:

Name: Name:

Title: Title:

Date: Date:

Exhibit 1
3 Exhibit 1
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
• ·•:::-. tyler • h me Jgies
2022-372756-P8Y7L5 Page 1
Quoted By: Jeff Moser
Quote Expiration: 5/17/23
Quote Name: Madera MobileEyes
Sales Quotation For:

Madera City Fire Department
14225 Road 28
Madera CA 93638
Phone: 559-675-7799
Tyler SaaS - SaaS - Silver
Description Term Monthly Fee Users/Units Annual Fee
Fire Prevention Mobile
Company Inspector Mobile $ 169 3 $ 6,084
Inspector Mobile $ 169 2 $ 4,056
Pre-plans Mobile $ 49 3 $ 1,764
Inspector Mobile Plus - Silver (Invoicing Add-On) $ 49 2 $ 1,176 Onboard Codes - ICC $ 8 5 $ 495
SmartDraw - Pre-plan Drawing Tool - 1-4 user license $ 12 3 $ 432 Product Integration - Enterprise Permitting & Licensing $ 0 1 $ 0 Tyler Software
Product Integration - Enterprise ERP $ 0 1 $ 0
TOTAL 3 $ 14,007
•• ••• ••
••••• •
2022-372756-P8Y7L5 Page 2
Professional Services
Description Quantity Unit Price
Extended
Price Maintenance
Professional Services
Contractor Access Setup & Training 1 $ 499 $ 499 $ 0
Setup & Configuration Services 15 $ 200 $ 3,000 $ 0
Training Services 16 $ 200 $ 3,200 $ 0
Training Services - Company Inspector Mobile 4 $ 200 $ 800 $ 0 Training Services - SmartDraw 2 $ 200 $ 400 $ 0
TOTAL: $ 7,899 $ 0
Summary One Time Fees Recurring Fees
Total SaaS $ 14,007
Total Services $ 7,899 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total 7,899 $ 14,007
2022-372756-P8Y7L5 Page 3
2022-372756-P8Y7L5 Page 4
Comments
Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation RapidIdentity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.

SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer.

Data loading services include the following: Loading the published fire codes and standards that are in-scope. Loading occupancy data. Assumptions for loading of occupancy data: While there is no limit to the number of occupancy records to be loaded, the line item for Setup and Configuration Services assumes certain minimum requirements. The following requirements must be met for us to load occupancy data: The data must be provided in the form of a spreadsheet or .csv file with each record being a single row in the spreadsheet. A collection of tables from an existing database cannot be accepted. Different types of data can be provided in separate spreadsheets as long as there is a key field/ID linking the spreadsheets together. For example, you can provide address and business name information in one spreadsheet and contact information in a second spreadsheet.

But there must be a unique ID that links a contact in the second spreadsheet to the “owning” occupant in the first spreadsheet. Spreadsheets cannot be linked using address or occupant name. These are not considered "keys". If your occupancy data is coming from more than one source, there must be no overlap between the records from each source. Time spent trying to blend together two or more overlapping spreadsheets is not included in this proposal line item. Optional Data Conversion Services: Tyler does not perform any data clean up. This is the responsibility of our client. No parsing, concatenation, etc. will be completed by Tyler. This will need to be done in the legacy system or in the data export prior to providing the data to Tyler’s MobileEyes team. Exception: Parsing full street addresses into individual fields for each piece of the address (address, directional prefix, street name, street type, directional suffix, city, state, zip code). Exception: The client can provide multiple spreadsheets of data with records that are linked through a record key assuming the number of spreadsheets is six or less. An example of this would be a separate spreadsheet of contact data with a record key that enables linking of the contacts to the location and occupancy records. No “fuzzy” matching of records – e.g., matching on address or business name – will be done. Data conversion services included: Data mapping – This includes mapping of each field of the customer data to a corresponding field in MobileEyes. Where there is no direct match to a client field, the Tyler project manager will meet with the designated client data decision maker to determine a) whether to load that field, and b) if the decision is to load it, then which MobileEyes field it will be loaded into. Data loading – This includes loading the client data into the MobileEyes Web database per the approved data map. Examples of services considered “data clean up” and therefore, not included: Removal of records from the data set that the client does not want loaded. For example, removing residential records or properties that the Fire Marshal’s Office does not inspect. These must be removed by the client from the data set prior to providing the file to Tyler for data mapping. Data manipulation/changing of data that is provided in the export. For example, a field that will become a pick list field in MobileEyes has more unique values than the client wants the pick list to have. (Example, the Section field has 20 unique values represented in the data and the customer wants to consolidate the number of unique values to 10.) We will do a reasonable amount of data clean up, organization, and standardization of your data before loading it, but the department or agency is responsible for the accuracy and completeness of the data. You will have an opportunity to review the data before it is loaded. Optional services not included in the proposal: The following optional services are available and can be priced separately: Data loading of inspection history. Data loading of invoice history. Data loading of permit history.
2022-372756-P8Y7L5 Page 5
---The Fire Prevention Mobile integration with Enterprise Permitting & Licensing is with the Business Licensing module. The integration with Permitting consists of a joint task list/schedule of fire inspections, plan reviews, and permit inspections.

Decisions about on-site versus remote planning meetings and training delivery will be decided mutually during the initial kickoff meetings. 3 Stations and will do train the trainer for Company Inspector 2 Inspector License for FM and Division Chief
5 License of CA Fire Code and Updates included as Code Cycle changes Integration with Munis/Energov for Business Licensing and Financial Set up & Configuration
Training for Inspectors, Company Inspectors, Admin Web Back Office, Invoicing Train the Trainer for Engine Companies
Optional Pre-Plans Mobile
4,900 Businesses

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: ___________ Dino Lawson, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Use Agreement with the City of Kerman for the use of its shooting range RECOMMENDATION:

Adopt a Resolution approving Use Agreement with City of Kerman for use of shooting range and authorizing the Chief of Police to sign the agreement on an annual basis for up to three years.

SUMMARY:

The Madera Police Department (MPD) currently utilizes the City of Kerman shooting range (Kerman Range) to perform department required range training. The use agreement is required to continue the use of the Kerman Range. Staff recommends Council authorize the Chief of Police to sign the use agreement annually in perpetuity, considering the agreement remains identical.

DISCUSSION:

MPD has used the Kerman Range for over a decade to carry out quarterly range training mandated by department policy. The execution of a new use agreement is required for the City to continue using the Kerman Range. Typically, this agreement is presented to Council for consideration each year; however, staff proposes that the Chief of Police be given authority to execute the agreement each year to streamline this administrative process. Staff recommends Council authorize the Chief of Police to sign the agreement annually for up to three years.

It should be noted that this resolution gives authority to the Chief of Police to execute the agreement attached as Exhibit A. Staff must return to Council if the City of Kerman alters any language or stipulations within the agreement.

B-11
FINANCIAL IMPACT:

Entering this agreement does not present a financial burden to the City, given that the City of Kerman allows MPD to use their facility at no cost. Most other facilities charge a fee to use their training facilities. For reference, the Fresno Police Department Regional Training Center costs approximately $1,500 per quarter.

ALTERNATIVES:

Council may elect not to approve the agreement and/or to refrain from allowing the Chief of Police to sign the use agreement annually for up to three yearsand request staff return for Council consideration of the agreement each year. Additionally, Council can request that staff seek alternative locations to conduct mandatory training sessions.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Use Agreement
RESOLUTION NO. 23-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING USE AGREEMENT WITH CITY OF KERMAN FOR USE OF

SHOOTING RANGE AND AUTHORIZING THE CHIEF OF POLICE TO SIGN THE

USE AGREEMENT ON AN ANNUAL BASIS FOR UP TO THREE YEARS
WHEREAS, the Madera Police Department (MPD) had a need to obtain an appropriate facility to conduct quarterly shooting range training events; and WHEREAS, MPD identified the City of Kerman shooting range as an appropriate facility and has used the range for over a decade; and
WHEREAS, the City has not and will not incur any cost as a result of using the City of Kerman shooting range; and
WHEREAS, the City of Kerman requires a use agreement to be executed between the two parties to use their facility.

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

1. The above recitals are true and correct.

2. The Council approves the Use Agreement.

3. The Chief of Police is authorized to sign the Use Agreement on an annual basis for up to three years..

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

AGREEMENT FOR USE OF CITY OF KERMAN PROPERTY
Use of Range Facility by City of Madera Police Department This agreement for use of City of Kerman Property ("Agreement") is made and entered into by and between the City of Kerman, a municipal corporation ("City") and the City of Madera Police Department (hereinafter "Permittee"). City and Permittee may be collectively referred to herein as "parties."

RECITALS
A. The City is the owner of the real property located in the City of Kerman, described as the Range Facility, located to the rear of 15485 W. Church Avenue, Kerman, California 93630. The Range Facility is hereby also referred to as “Premises.” B. The Permittee has requested permission from the City to enter the Premises for the purposes identified in this Agreement.

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND CONDITIONS IDENTIFIED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. PERMISSION TO ENTER. The City hereby grants permission to Permittee (including its officers, employees, and agents) to enter the Premises in accordance with the terms of this Agreement, for the purpose of training on date and times to be mutually agreed upon by the parties. Permittee is solely responsible for supplying all appropriate equipment and materials convenient or necessary to utilize the Range Facility for training. Permittee is solely responsible for conducting the training and ensuring the safety of the participants in conjunction with the use of the Premise by Permittee, including providing all necessary personnel.

2. TERM. The term of this Agreement shall be for one year commencing upon full execution of this Agreement by the parties.

3. PAYMENT. No payment is required.

4. RELATIONSHIP BETWEEN THE PARTIES. Permittee is, and at all times shall remain, an independent contractor solely responsible for all acts of its employees, agents, or contractors, including any negligent acts or omissions. Permittee is not City's agent, and shall have no authority to act on behalf of the City, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Permittee.

5. COMPLIANCE WITH LAWS. Permittee shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances and resolutions), whether or not said laws are expressly stated in this Agreement.

6. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Permittee shall immediately notify the Kerman Police Department by telephone at 846-8800 and Permittee shall promptly submit to the City's Authorized Representative a written report (in a form acceptable to the City) with the following information: (a) a detailed description of the damage (including the name and address of the injured or deceased person(s), and a description of damaged property; (b) name and address of witnesses, and (c) name and address of any potential insurance companies.

7. INDEMNIFICATION. Permittee shall indemnify, hold harmless, and defend the City and its elected officials, officers, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs an fees of litigation ) of every nature resulting or arising from performance or failure to perform under this agreements with the exception of the sole negligence or willful misconduct of the City.

8. ASSIGNMENT AND DELEGATION. This Agreement, and any portion thereof, shall not be assigned or transferred, nor shall any of the Permittee's duties be delegated, without the written consent of the City. Any attempt to assign or delegate this Agreement without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

9. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.

10. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective party as set forth in this section. Communications shall be deemed to be effective upon the first to occur of: (a) actual receipt by a party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: City TO: Permittee
Attn: John Golden Attn: Dino Lawson
City of Kerman Police Department City of Madera Police Department 850 S. Madera Ave. 330 S. C Street
Kerman, CA 93630 Madera, CA 93637

11. HEADINGS. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

12. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect; provided, however, this paragraph shall not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

13. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Fresno.

14. ATTORNEYS’ FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys’ fees, costs, and expenses incurred.

15. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties.

16. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

17. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the work described herein. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complimentary; what is called for in one is binding as if called for in all.

18. 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 Permittee and the City. This Agreement shall inure to the benefit of and be binding upon the parties herein and their respective successors and assigns.

IN WITNESS WHEREOF, the City and Permittee do hereby agree to the full performance of the terms set forth herein.

CITY OF KERMAN CITY OF MADERA POLICE

DEPARTMENT
By: John Jansons By: Dino Lawson
Title: City Manager Title: Police Chief
Date: Date:

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
Agenda Number: ___________
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment of City Treasurer
RECOMMENDATION:

Adopt a Resolution appointing Michael Lima, Director of Financial Services, to serve as the City Treasurer
SUMMARY:

The City Council appoints the role of City Treasurer. Financial institutions with whom the City conducts business require the City to provide documentation of official governing body action appointing the City Treasurer. Historically, this designation has been provided by a resolution of the City Council.

DISCUSSION:

The California Government Code states in §34856:

When City Clerk and City Treasurer's offices are appointed, appointments to such offices shall be made by the City Council unless the City Council vests such appointing power in the City Manager by ordinance.

The City’s Municipal Code (MMC) establishes the office of the Director of Finance. It designates that individual as the City’s Chief Accounting Officer but does not explicitly address the appointment of that position as City Treasurer. MMC §2-2.202 provides that the Director of Finance is appointed by and serves at the pleasure of the City Manager. MMC §2-2.312 states that the City Manager is vested with the power to make appointments under the City’s established Civil Service System but not to the positions of City Clerk, City Treasurer, and City Attorney.

B-12
When considering the Government Code along with the applicable sections of the MMC, staff interprets the pieces to mean that the Council has reserved the appointment of City Treasurer for itself. Historically, this appointment has been made by resolution to provide financial institutions with what they deem proof of appointment by the governing body.

Due to a lack of a Finance Director, Council appointed the City Manager as interim City Treasurer at its January 18, 2023 meeting until the Director of Financial Services position was filled. With the recent appointment of Michael Lima as the Director of Financial Services, staff is recommending that the earlier appointment be rescinded, and that Mr. Lima is appointed as the City Treasurer.

FINANCIAL IMPACT:

Appointing the Director of Financial Services as the City Treasurer will have no financial impact on the City.

ALTERNATIVES:

Council could appoint another employee to the role of City Treasurer.

ATTACHMENTS:

1. Resolution
RESOLUTION: _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING MICHAEL LIMA, DIRECTOR OF FINANCIAL SERVICES, AS THE

CITY TREASURER
WHEREAS, California Government Code §34856 provides that the office of City Treasurer is appointed by the City Council unless otherwise delegated by ordinance; and WHEREAS, no delegation of such authority has been made by ordinance; and WHEREAS, the role of City Treasurer is historically assigned to the Director of Financial Services; and
WHEREAS, on January 18, 2023, the City Council appointed the City Manager as the City Treasurer until the appointment of a Director of Financial Services; and WHEREAS, it is the desire of this Council to appoint Director of Financial Services Michael Lima as City Treasurer to perform those duties required of a City Treasurer under Government Code Sections 41001 to 41005.

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. City of Madera Director of Financial Services Michael Lima is hereby appointed City Treasurer for the City of Madera.

3. Upon entering the duties of the office of City Treasurer, the said Michael Lima shall execute a bond to the City of Madera in accordance with the provisions of Section 36518 of the Government Code of the State of California.

4. Resolution 23-02, and all prior resolutions appointing a City Treasurer, are hereby rescinded, and such appointments are null and void as of the effective date of this resolution.

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

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: ____________ Wendy Silva, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Continuing Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms
RECOMMENDATION:

Adopt a Resolution Continuing the Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms in accordance with Madera Municipal Code Title III, Chapter 2 SUMMARY:

The City of Madera and State of California experienced significant storm events and related impacts beginning in December 2022. President Biden declared a major disaster for various counties in California, inclusive of Madera County, for severe winter storms, flooding, landslides, and mudslides. The disaster period began December 27, 2022, and concluded January 31, 2023.

The City of Madera declared a local emergency related to storm impacts incurred during the disaster period. The requested action is to continue the emergency declaration while the City works through project completion for repairs and finalizes disaster assistance through the Federal Emergency Management Agency (FEMA) and California Office of Emergency Services (CalOES).

DISCUSSION:

California experienced severe winter storms beginning in December 2022. President Biden declared a major disaster for various counties in California, inclusive of Madera County, for severe winter storms, flooding, landslides, and mudslides. The disaster period began December 27, 2022, and concluded January 31, 2023. During the disaster period, the City of Madera experienced significant impacts, including:
▪ Debris clearing in the storm system, public right-of-way, and park spaces B-13
▪ Emergency protective measures
▪ Catastrophic failure of the Avenue 13 sewer trunk line at Granada Drive ▪ Multiple storm drain line failures and related asphalt and/or sidewalk failures ▪ Asphalt failure
▪ Degradation of equipment at the Wastewater Treatment Plant due to additional incoming debris
The City Manager as the Director of Emergency Services initially declared a local disaster for the City of Madera January 27, 2023. This declaration was ratified by the City Council at its meeting February 1, 2023, and has since been extended in compliance with the City’s municipal code and FEMA and CalOES requirements. The contemplated action will continue the local emergency as staff works with FEMA and CalOES on projects to repair and mitigate local impacts related to the declared disaster.

FINANCIAL IMPACT:

The recommended action is necessary to ensure specific liability protection, emergency powers of the Emergency Services Director, and potential recovery of eligible costs, if any, from State and Federal emergency funds.

ALTERNATIVES:

Staff does not recommend consideration of other alternatives given alternatives likely would remove reimbursement to the City that may become possible as a result of this action.

ATTACHMENTS:

1. Resolution continuing the Declaration of a Local Emergency for January 2023 winter storms
RESOLUTION NO. 23-__

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

CALIFORNIA, CONTINUING THE DECLARATION PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY – JANUARY 2023 WINTER STORMS IN ACCORDANCE WITH MADERA MUNICIPAL CODE TITLE III, CHAPTER 2 WHEREAS, the City of Madera has already been adversely impacted by the effects of other local emergencies such as the recent unexpected closure of Madera Community Hospital and the ongoing COVID-19 pandemic; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023 the Governor of the State of California issued a “Proclamation of a State of Emergency” (“Governor’s Proclamation”) relating to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding. The Governor’s Proclamation declared that conditions of extreme peril to the safety of persons and property exist due to these storms; and
WHEREAS, the Director of Emergency Services has found that conditions of extreme peril to the safety of persons and property continue to exist within the City of Madera, caused by a series of extreme winter weather events that started on or about December 27, 2022; and WHEREAS, these extreme winter storm events also referred to as “Atmospheric Rivers” produced large rainfall totals and wind, leading to localized flooding and storm surges within the City’s critical infrastructure systems; and
WHEREAS,these extreme winterstorm events haveandmay continue tocause damage to the City of Madera and other public and private facilities, including but not limited to roads, critical infrastructure, transportation corridors, and buildings, the extent of which has not been completely compiled; and WHEREAS, strict compliance with certain Madera Municipal Code (“MMC”) and other City regulations would prevent, hinder, or delay appropriate actions to prevent and mitigate the effects of the severe winter storms, which issue cannot be timely addressed absent a declaration of emergency; and WHEREAS, the mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the severe winter storms; and WHEREAS, local resources have been and will continue to be deployed by the City of Madera to mitigate and recover from these extreme weather events, thereby depleting strained public safety resources such as Law Enforcement, Public Works, and Engineering services; and WHEREAS, it has now been found that local resources will be unable to cope with the catastrophic effects of this emergency; and
WHEREAS, Section 3-2.04 of the Madera Municipal Code designates the City Manager as the Director of Emergency Services for the City of Madera; and WHEREAS, California Government Code Sections 8558 and 8630, et seq., and Section 3-2.04(A) of the Madera Municipal Code authorizes the Director of Emergency Services to proclaim the existence of a local emergency within the City of Madera when the City Council is not in session and the City of Madera is affected or likely to be affected by the existence or threatened existence of conditions of emergency or of extreme peril to the safety of persons and property within the territorial limits of the City of Madera; and
WHEREAS, on January 27, 2023, the City Council was not in session, and the City’s Director of Emergency Services declared a local emergency thereby activating the Emergency Operations Center; and WHEREAS, pursuant to Government Code Section 8630 and MMC Section 3-2.04(A), a local emergency declared by the Director of Emergency Services shall not remain in effect for a period in excess of seven (7) days unless it has been ratified by the City Council; and WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff are of utmost importance to the City and additional future measures may be needed to protect the community.

The mobilization of local resources, ability to coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and allow for future reimbursement by the state and federal governments will be critical to successfully responding to the present storm-related state of emergency. The City may require additional assistance in the future, and proclamation of local emergency allows additional resources to flow to the City in a timely manner; and
WHEREAS, the Director of Emergency Services requests that the City Council continue the declaration of a state of local emergency for the City of Madera as impacts from the storm events are evaluated, repaired, and or mitigated; and
WHEREAS, after consideration of all facts reasonably available for review and all items, the City Council of the City of Madera now desires to continue the proclamation and reaffirm the existence of a state of emergency throughout the City to make additional resources available to address the disaster impacts of the above-described 2023 winter storms, ratify the proclamation of the Director of Emergency Services made on January 27, 2023, and affirm the existence of a state of local emergency for the City of Madera as of the date of January 4, 2023 when Governor Newson declared the existence of a state of emergency for the State of California.

NOW, THEREFORE, be it resolved by the City Council of the City of Madera as follows:

1. Recitals. The above recitals true and correct and incorporated herein as findings by the City Council.

2. Proclamation of Local Emergency. The actual existence of conditions of extreme peril to the safety of persons and property have arisen within the City of Madera, caused by the effects of the above-described 2023 winter storms. The City Council, based upon the foregoing, now does proclaim, declare and affirm the continuing existence of a local emergency throughout the City.

3. Ratification. The aforementioned conditions of extreme peril warranted and necessitated the extension of the proclamation of the existence of a local emergency throughout the City of Madera by the City’s Director of Emergency Services on January 27, 2023. The City Council of the City of Madera does hereby ratify and affirm the need to continue the proclamation of a local emergency throughout the City of Madera by the City’s Director of Emergency Services on January 27, 2023 (attached hereto and incorporated herein by reference).

4. Effective Date of Local Emergency. The City Council of the City of Madera does hereby extend and reaffirm the existence of a state of local emergency for the City of Madera as of the date of January 4, 2023, when the Governor of the State of California originally declared the existence of a state of emergency for the State of California, for the reasons articulated in the Governor’s Proclamation of the existence of a state of emergency for the State of California on January 4, 2023, the reasons articulated herein, and for the reasons in the proclamation of a local emergency throughout the City of Madera by the City’s Director of Emergency Services proclaimed on January 27, 2023.

5. Authority. During the existence of said local emergency, the powers, authority, functions and duties of the Director of Emergency Services and the City’s emergency services organizations shall be those prescribed by state law, City ordinances, resolutions, and approved plans of the City in order to mitigate the effects of said local emergency. In this regard, the Council desires to make clear the powers, functions, and duties include:
a. As necessary for the public health, life, and property, entering into contracts to arrange for the procurement of materials, goods, and services needed to assist in preparing for, containing, responding to, mitigating the effects of, and recovering from the severe weather conditions. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, as well as any City procurement or related policy, are suspended to the extent reasonably necessary to address the effects of the severe weather conditions.
b. The Emergency Services Director is expressly authorized to assist with any lawful order, including the enforcement of an order issued by Governor’s Proclamation. c. The designation and authorization of Arnoldo Rodriguez, City Manager and Emergency Services Director, or his designee, as the Local Hazard Mitigation Coordinator of the City of Madera is reaffirmed, including for the purposes of i) assessing damage within the City of Madera and consulting with federal/state survey teams about hazard mitigation actions; and ii) authorized representative for individual assistance of the City of Madera for purposes of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available state and federal assistance

6. Duration. Per Government Code Section 8630, this ratification of the proclamation of local emergency shall expire in sixty (60) days unless extended by the City Council. At the direction of the Emergency Services Director, City Staff are directed to return this item for Council review of the need for continuing the local emergency prior to the expiration of the sixty (60) days period.

7. Notice to Agencies. In accordance to the California Disaster Assistance Act and the Stafford Act, the Emergency Services Director is authorized to send a copy of this ratification of a proclamation of local emergency be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State law; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. A copy of this Resolution shall be forwarded to the Madera County Office of Emergency Services.

8. Severability. If any subsection, sentence, clause, phrase, or word of this Resolution or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Resolution.

9. Effective Date of Resolution. This Resolution shall be effective immediately upon passage and adoption. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

10. Publication. This Resolution and its contents will be published and promulgated in as widespread a manner as is reasonably feasible under the conditions prevailing during this local emergency.
***********

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number: __________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and adoption of the 2022 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy, and Green Building Standards Codes RECOMMENDATION:

Waive the full reading and adopt an Ordinance of the City Council of the City of Madera adopting the 2022 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy, and Green Building Standards Codes, including Appendix P of the California Building Code and Appendix Z of the California Residential Code, by repealing Chapter 1 of Title IX, and adding Chapter 1 of Title IX of the Madera Municipal Code Ordinance, with the associated CEQA findings
SUMMARY:

This is the second reading for this ordinance which was introduced after a public hearing held by the Council on April 19, 2023. Every three years, the California Building Standards Commission ("Commission") reviews and modifies the California Building Codes, which consist of the California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy, and Green Building Standards Codes. The 2022 editions were published July 1, 2022, and local jurisdictions have 180 days in which to adopt the 2022 edition of the Codes. The proposed ordinance would update the Municipal Code to specifically incorporate these Codes to help ensure the community's safety.

DISCUSSION:

The 2022 California Building Standards Code adopts the 2022 Codes, which incorporate by reference necessary California amendments to the 2021 International Building Code, 2020 National Electrical Code, 2020 Uniform Mechanical Code, 2020 Uniform Plumbing Code, and 2021 International Residential Code, and is mandated by the California Building Standards Commission for statewide adoption and enforcement. The City of Madera has the authority to make necessary modifications to the Codes.

B-14
The following California codes go into effect on January 1, 2023:
 Building Standards Administrative Rules
 Building Code
 Residential Building Code
 Electrical Code
 Mechanical Code
 Plumbing Code
 Energy Code
 Green Building Code
 Referenced Standards Code
 Historical Building Code
 Existing Building Code
Adopting the 2022 California Building Codes ensures compliance with existing standards adopted by the State. Local amendments are limited to those determined to be essential to administer responsibilities in daily operations effectively and to maintain previous amendments approved by Council.

Appendices to the respective State codes are not mandatory unless specifically referenced in the adopting ordinance.

Appendix P of The California Building Code, proposed for local adoption, is applicable to emergency housing and emergency housing facilities. Appendix P includes provisions for use of emergency sleeping cabins, emergency transportable housing units, membrane structures and tents constructed and/or assembled in accordance with the appendix to be occupied only during declaration of state of emergency, local emergency or shelter crisis. Buildings and structures constructed in accordance with the California Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied. Additionally, Appendix P includes provisions allowing existing residential and nonresidential buildings or structures to be permitted to be used as emergency housing and emergency housing facilities provided such buildings or structures comply with the building code provisions and/or other regulations in effect at the time of original construction and/or alteration. Existing buildings or structures used as emergency housing shall not become or continue to be substandard buildings, as determined by the enforcing agency.

Appendix Z of the Residential Building Code, proposed for local adoption, is also applicable to emergency housing and emergency housing facilities. These provisions match identically to those provisions included in Appendix P of the California Building Code.

Finally, the adoption of these codes is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) as there is not a reasonable possibility that the amendments may have a significant adverse impact on the environment.

FINANCIAL IMPACT:

None.

ACTIONS FOLLOWING APPROVAL:

If necessary, the City Clerk and Building Official will cause the local amendments and findings to be refiled with the California Building Standards Commission.

ALTERNATIVES:

Local jurisdictions are required to adopt the California Building Standards Code within 180 days after Title 24 of the California Code of Regulations (CCR) is published.

As an alternative to staff’s recommendation, the Council may elect to adopt the California Building Standards Codes with local amendments deemed necessary to address local climatic, geological, topographical, or environmental conditions for CALGreen; and/or, without inclusion of the staff recommended appendices; and/or, with inclusion of additional appendices.

ATTACHMENTS:

1. Proposed Ordinance adopting 2022 California Building Standards Codes.

ATTACHMENT 1
Proposed Ordinance Adopting 2022 California Building Standards Codes
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING THE 2022 CALIFORNIA BUILDING, PLUMBING, MECHANICAL, ELECTRICAL,

FIRE, RESIDENTIAL, ENERGY, AND GREEN BUILDING STANDARDS CODES,

INCLUDING APPENDIX P OF THE CALIFORNIA BUILDING CODE AND

APPENDIX Z OF THE CALIFORNIA RESIDENTIAL CODE, BY REPEALING CHAPTER 1 OF TITLE IX, AND ADDING CHAPTER 1 OF TITLE IX OF THE MADERA

MUNICIPAL CODE
WHEREAS, the California Building Standards Commission (CBSC) is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing building standards for the State of California; and WHEREAS, every three years, the CBSC adopts a compilation of building regulations referred to as the California Building Standards Code (California Code of Regulations, Title 24), which cities and counties are then mandated to adopt; and WHEREAS, local governments or jurisdictions can modify the code to add more restrictive provisions based on their specific local geologic, climatic, and topographic conditions to protect their communities; and
WHEREAS, the City provided notice of the City Council hearing as required by law; and WHEREAS, the City Council now desires to adopt the codes as set forth herein.

NOW THEREFORE, the City Council of the City of Madera ordains as follows:

SECTION 1. Chapter 1 (Building Regulations) of Title IX of the Madera Municipal Code is repealed in its entirety.

SECTION 2. Title IX of the Madera Municipal Code is amended to add Chapter 1 (Building Regulations) as follows:
9-1.01 Adoption of Building Regulations
Pursuant to Cal. Gov't Code § 50022.1 through 50022.6, the texts of those certain publications of the International Code Council, and the National Fire Protection Association, together with parts of the appendices thereto, the 2022 California Building Code, based on the 2021 International Building Code, the 2022 California Mechanical Code, based on the 2021 Uniform Mechanical Code, the 2022 California Fire Code, based on the 2022 International Fire Code, the 2022 California Plumbing Code, based on the 2022 Uniform Plumbing Code, the 2022 California Residential Code based on the 2021 International Residential Code, the 2022 California Electrical Code, based on the 2020 National Electrical Code, the 2022 California Energy Code, the 2022 California Existing Building Code based on the 2021 International Existing Building Code, the 2022 California Green Building Standards, (CALGreen) Code, as published by the California Building Standards Commission, are all hereby adopted as the rules, regulations and standards within this city as to all matters therein contained except as otherwise provided by this chapter. The applicable requirements of the adopted appendices to such codes shall be enforceable to the same extent as if contained in the body of such code of said regulations as the equivalent to a referenced standard. One copy of said regulations are and shall be at all times kept on file with the office of the chief enforcement officer (Building Official) in accordance with Government Code Section 50022.6.

Notwithstanding the forgoing, including Section 109.2 of Division II Scope and Administration, of the California Building Code 2022 edition, fees for permits, plan review, investigation, and re-inspection shall be as follows:
(A) Permit Fees. The fee for each permit shall be set forth in the fee schedule established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the Building Official, who is the Director of the Department of Building and Safety for the city, or the designee of the Director of Building and Safety. The value to be used in computing the building permit and building plan review shall be the total value of all construction work for which the permit is issued, as well as all finished work, painting, roofing. electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment whether donated, purchased or provided by self.
(B) Plan Review Fees. When submittal documents are required, a plan review fee shall be paid at the time of submitting the documents for plan review. Said plan review fee shall be set forth in the fee schedule established by resolution of the City Council. The plan review fees specified in this subsection are separate fees from the permit fees specified above and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as set forth in the fee schedule established by resolution of the City Council. (C) Investigation Fees. An investigation fee in addition to the permit fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be set forth in the fee schedule established by resolution of the City Council. The payment of such investigation fee shall not exempt any person from compliance with all other provision of this code, nor from any penalty prescribed by law. (D) Re-inspection Fees. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available to the inspector, for failure to provide access on the date for this inspection is requested, or for deviating from plans requiring the approval of the Building Official. To obtain a re-inspection, the applicant shall file an application therefor in writing on a form furnished for that purpose and pay the re-inspection fee as set forth in the fees schedule established by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
9-1.02 Adoption of California Building Code
For the purpose of regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings and structures in the City, the 2022 California Building Code (CBC), excluding Chapter 29 Plumbing systems, and including Appendix P Emergency Housing, as promulgated by the California Building Standards Commission which incorporates the 2021 edition of the International Building Code with California amendments, is hereby adopted by reference thereto as if fully set forth in this Chapter, save and except such portions as are deleted, modified, or amended by the provisions of this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail.
9-1.03 Adoption of the California Plumbing Code.

For the purpose of regulating plumbing systems, the 2022 California Plumbing Code (CPC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2021 edition of the Uniform Plumbing Code, excluding Table 104.5, is hereby adopted by reference thereto as if fully set forth in this Chapter, save and except for portions as are deleted, modified, or amended by the provisions of this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail. 9-1.04 Adoption of California Mechanical Code.

For the purpose of regulating mechanical systems, the 2022 California Mechanical Code (CMC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2021 edition of the Uniform Mechanical Code, excluding Table 104.5, is hereby adopted by reference thereto as if fully set forth in this Chapter, save and except for portions as are deleted, modified, or amended by the provisions of this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail. 9-1.05 Adoption of California Electrical Code.

For the purpose of regulating electrical systems, the 2022 California Electrical Code (CEC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2020 edition of the National Electrical Code, is hereby adopted by reference thereto as if fully set forth in this Chapter, save and except such portions as are deleted, modified, or amended by the provisions of this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail.
9-1.06 Adoption of California Fire Code.

For the purpose of regulating fire protection systems, the 2022 California Fire Code (CFC) promulgated by the California Building Standards Commission, which incorporates the adoption of the 2021 edition of the International Fire Code, is hereby adopted by reference thereto as if fully set forth in this Chapter, save and except such portions as are deleted, modified, or amended by the provisions of this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail.
9-1.07 [Reserved]
9-1.08 [Reserved]
9-1.09 Adoption of the California Residential Code.

For the purpose of regulating one and two-family dwellings, the 2022 California Residential Code (CRC) promulgated by the California Building Standards Commission, and including Appendix Z Emergency Housing, which incorporates the adoption of the 2021 edition of the International Residential Code, is hereby adopted by reference thereto as if fully set forth in this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail.
9-1.10 Adoption of the California Energy Code.

For the purpose of regulating energy conservation standards for all residential and non-residential buildings, the 2022 California Energy Code promulgated by the California Building Standards Commission is hereby adopted by reference thereto as if fully set forth in this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail. 9-1.11 Adoption of the California Green Building Standards Code.

For the purpose of regulating residential and non-residential buildings, the 2022 California Green Building Standards Code (CALGreen Code) promulgated by the California Building Standards Commission is hereby adopted by reference thereto as if fully set forth in this Chapter. Any changes made by the California Building Standards Commission applicable to the City, including new editions, shall be deemed incorporated herein. If any conflicts between this Code and any other City, State or Federal Code should arise, the most restrictive Code providing the highest level of safety as determined by the Building Official shall prevail.

SECTION 3. CEQA. The City Council finds that the update of the Madera City Municipal Code is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) as there is not a reasonable possibility that the amendments may have a significant adverse impact on the environment as i) California law mandates that on January 1, 2023, all portions of the 2022 California Code of Regulations Title 24 will be effective within the City regardless of whether the City takes any action, which regulations thereby serves as a baseline for the purposes of CEQA; and ii) no local amendments are being proposed to said regulations which would result in a significant, adverse impact to the environment given the environmental baseline. As such, no further analysis is required under CEQA.

SECTION 4. Severability Clause. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Madera hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact any one or more sections, subsections, clauses, or phrases be declared invalid.

SECTION 5. Effective Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 6. Posting. Within fifteen (15) days after its adoption, the City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Madera and shall cause this Ordinance to be published or posted once in a newspaper of general circulation in accordance with Government Code Section 36933 as required by law. * * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3, 2023
_________________________________ Agenda Number:

Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Rezone Property Located on 308 N. C Street (REZ 2023-01) RECOMMENDATION:

The Planning Commission and staff recommend the City Council hold a public hearing, make the necessary findings, and take actions as follows:

1. Waive full reading and introduce an Ordinance adopting a Finding of Exemption under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and rezoning the approximately 0.17 acres of property located at 308 N. C Street (APN: 007-081-014) from the C1 (Light Commercial) zone district to the R1 (Residential, one unit for each 6,000 square feet) zone district.

SUMMARY:

Rezone Application No. REZ 2023-01 requests authorization to rezone approximately 0.17 acres of property (the subject property) located at 308 N. C Street from the C1 (Light Commercial) zone district to the R1 (Residential, one unit for each 6,000 square feet) zone district. The subject property is located along the southwesterly side of North C Street between East 3rd and East 4th Streets. The rezone from the C1 zone district to the R1 zone district is consistent with the Low Density Residential General Plan land use designation pursuant to Table LU-A: General Plan/Zoning Consistency of the General Plan.

The project was reviewed and considered by the Planning Commission (Commission) at the regularly scheduled meeting held on April 11, 2023. There were no public comments at the Commission meeting and the applicant agreed with the terms presented. The Commission adopted Resolution No. 1953 recommending the Council adopt a Finding of Exemption under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and approve Rezone Application No. REZ 2023-01.

C-1
DISCUSSION:

No development is proposed on the subject property at this time. The subject property is designated for Low Density Residential (2.1-7 units per acre) land uses by the General Plan.

Rezoning to the R1 zone district is consistent with the Low Density Residential General Plan land use designation pursuant to Table LU-A: General Plan/Zoning Consistency of the General Plan.

The Low Density Residential category represents the traditional single-family neighborhood with a majority of single-family detached homes. This is the pre-dominant land use category of the City’s residential areas and the city block in which the subject property is located.

Abutting properties are developed within single family residences and properties adjacent and across the street include single family homes and a residential condominium development (Victorian Village).

The rezone is consistent with the General Plan goals and policies, including Policy LU-32, which states zoning shall be consistent with General Plan land use designations. The rezone is consistent with the purpose of the zoning ordinance to promote and protect the public’s health, safety, peace, comfort, convenience, and general welfare. The proposed Rezone will permit future development on the subject property at an intensity consistent with the General Plan and in accordance with the allowable uses and development standards of the R1 residential zone district.

CALIFORNIA ENVIROMENTAL QUALITY ACT (CEQA) REVIEW:

A preliminary environmental assessment was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA). The Planning Commission has recommended the City Council find and determine that the project is exempt under CEQA Guidelines Section 15061(b)(3) (Common Sense). The project site is adequately served by all required utilities and the proposed rezoning of the subject property consistent with the General Plan land use designation does not have a reasonable possibility of resulting in any significant effects relating to traffic, noise, air, air quality, or water quality. Future projects, which may be proposed for the subject property, will be evaluated in accordance with the provisions of CEQA upon submittal to the City of Madera. Given there is not a reasonable possibility that the project may have a significant, adverse effect on the environment, this project is exempt under CEQA Guidelines section 15061(b)(3).

FINANCIAL IMPACT:

The applicant submitted entitlement fees to offset the costs associated with processing the rezone application in accordance with the City of Madera’s adopted Master Fee Schedule.

Additional fees will be required from the Planning and/or Building Departments in conjunction with any future proposed development.

ALTERNATIVES:

As an alternative, the Council may elect to:

1. Deny the request to rezone. Should the request be denied, the project site would remain with the current zoning district of Light Commercial.

2. Continue the item for further consideration or with direction to staff to provide additional information for further consideration in advance of a decision.

3. Provide staff with other alternative directives.

ATTACHMENTS:

1. Aerial View

2. General Plan Land Use Map

3. Planning Commission Resolution No. 1953

4. Ordinance of the City Council (REZ 2023-01)
ATTACHMENT 1
Aerial View
Aerial View
ATTACHMENT 2
General Plan Land Use Map
Proposed Site (Low Density Residen�al)
General Plan
Land Use Designations
- C - Commercial
- 0 - 0ffice
D I - Industrial
D VLD • Very Low Density Residential
□ LD - Low Density Residential
D MD • Medium Density Residential
D HD - High Density Residential
*
ATTACHMENT 3
Planning Commission Resolution No. 1953
RESOLUTION NO. 1953

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA

RECOMMENDING THE CITY COUNCIL OF THE CITY OF MADERA APPROVE AN EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION 15061 (COMMON SENSE EXEMPTION) AND REZONE 2023-01 (308 NORTH C STREET)
WHEREAS, REZ 2023-01 proposes to rezone a 0.17 acre parcel (Assessor Parcel Number (APN) 007-081-14) ("site") from Cl (Light Commercial) to Rl (One unit for each 6,000 square feet of site area) as shown in Exhibit "A"; and
WHEREAS, Alejandro Reyes ("Owner") owns the site located on 308 North C Street, Madera, California; and
WHEREAS, Delfino Reyes is the "Applicant" of the project Rezone 2023-01 (REZ 2023-01); and WHEREAS, the site's General Plan land use designation is LD (Low Density Residential); and WHEREAS, Cl (Light Commercial) is inconsistent with the LD (Low Density Residential) General Plan Land Use designation; and
WHEREAS, the proposed rezoning (REZ 2023-01) will provide the required consistency between the General Plan and Zoning Ordinance; and
WHEREAS, the City performed a preliminary environmental assessment and determined the project to be Exempt under Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
WHEREAS, under the City's Municipal Code and State Planning and Zoning Law, the Planning Commission (Commission) is authorized to review and make recommendations to the City Council (Council) for rezones and environmental assessments for associated projects on behalf of the City; and WHEREAS, the City provided notice of the Commission hearing as required by law; and WHEREAS, the Commission received and reviewed REZ 2023-01 at a duly noticed meeting on April 11, 2023; and
WHEREAS, at the April 11, 2023, Commission hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Commission; and WHEREAS, after due consideration of all the items before it, the Commission now desires to adopt this Resolution recommending to the Council to adopt a resolution approving an Exemption for the project pursuant to CEQA, and approving REZ 2023-01.

NOW THEREFORE, be it resolved by the Planning Commission of the City of Madera as follows:

1. Recitals: The above recitals are true and correct and are incorporated herein.

2. CEQA Recommendation: A preliminary environmental assessment was prepared in accordance with the California Environmental Quality Act. The Planning Commission recommends the Council find and determine the project is exempt under CEQA Guidelines Section 15061(b)(3) (Common Commissioner's Rohi Zacharia, Bobby Shiekh, Balwder Singh, Saim Mohammad, Jose Eduardo Chavez, Chairperson Robert Gran Jr., Vice-Chair Ramon Lopez None
None
None
Will Tackett Community Development Director for Gary Conte Sense Exemption). The project is exempt as the project proposes no physical development and the purpose of the proposed rezone is to make the zoning consistent with the General Plan, which was previously environmentally assessed. The project site is served by all required utilities and public utilities. The approval of this project does not have a reasonable possibility of resulting in any significant effects relating to traffic, noise, air, air quality, or water quality. Given there is not a reasonable possibility that the project may have a significant, adverse effect on the environment, this project is exempt under CEQA Guidelines section 15061(b)(3).

3. Recommendation of City Council Approval of REZ 2023-01: The Planning Commission finds and recommends the City Council find that REZ 2023-01: i) is consistent with the General Plan goals and policies, including Policy LU-32, which states zoning shall be consistent with General Plan land use designations; and ii) is consistent with the purpose of the zoning ordinance to promote and protect the public's health, safety, peace, comfort, convenience, and general welfare. The Planning Commission recommends the City Council approve REZ 2023-01 rezoning the parcel at 301 North C Street from Cl (Light Commercial) to Rl (One unit for each 6,000 square feet of site area) as shown in Exhibit "A."

4. Effective Date: This Resolution shall become effective immediately. The Secretary of the Commission shall certify the adoption of the Resolution and shall transmit copies of the same to the Council of the City of Madera.
* * * * *
Passed and adopted by the Planning Commission of the City of Madera this 11th day of April 2023, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

Planning Commission Chairperson
Attest:
"Exhibit A" Existing and Proposed Zone
Exhibit A: Existing Zone
Exhibit A: Proposed Zone
_,. C1 - Light Commercial
_,. C2 - Heavy Commercial
~ RA - (One unit per each 12,000 square feet)
Q R1 - (One unit per each 6,000 square feet)
Q R2 - (One unit per each 3,000 square feet)
,. R3 - (One unit per each 1,800 square feet)
ATTACHMENT 4
Ordinance of the City Council (REZ 2023-01)
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 0.17 ACRES OF PROPERTY LOCATED AT 308 NORTH C STREET (APN: 007-081-014) FROM THE C1 (LIGHT COMMERICAL) TO THE R1 (RESIDENTIAL, ONE UNIT FOR EACH 6,000 SQAURE FEET) ZONE DISTRICT
WHEREAS, Alejandro Reyes (“Owner”) owns the property located on 308 North C Street (APN: 007-081-014) in Madera, California (“Subject Property”); and WHEREAS, Delfino Reyes, as authorized agent on behalf of the Owner (“Applicant”), submited Rezone Applica�on REZ 2023-01 to the City of Madera (City) to rezone the approximately 0.17 acre Subject Property located at 308 North C Street (APN: 007-081-014 on the southwesterly side of North C Street between East 3rd and East 4th Streets; and WHEREAS, the proposed rezoning (REZ 2023-01) of the Subject Property to the R1 (Residen�al, one unit for each 6,00 square feet) zone district is consistent with the Low Density Residen�al General Plan land use designa�on for the Subject Property pursuant to Table LU-A:

General Plan/Zoning Consistency of the General Plan; and WHEREAS, the City performed a preliminary environmental assessment and determined the project to be Exempt pursuant to Sec�on 15061(b)(3) (Common Sense Exemp�on) of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Planning Commission received and reviewed applica�on REZ 2023-01 at a duly no�ced mee�ng on April 11, 2023, wherein the public was provided an opportunity to comment, and evidence, both writen and oral, was considered by the Planning Commission; and WHEREAS, a�er its hearing, the Planning Commission adopted Resolu�on No. 1953 recommending the City Council adopt the environmental finding and approve Rezone REZ 2023- 01;
WHEREAS, under the City’s Municipal Code, the City Council is authorized to review and approve rezones on the behalf of the City; and
WHEREAS, the City provided no�ce of the City Council hearing as required by law.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

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

SECTION 2. Public Hearing. The City Council received the submitals from the Planning Commission and held a duly no�ced public hearing on May 3, 2023, on the rezoning of the Subject Property shown in Exhibit “A” atached hereto and incorporated by reference.

SECTION 3. Findings. Based upon the record before it at the public hearing, the City Council determines the adop�on of the proposed rezoning ordinance as recommended by the Planning Commission is in the best interest of the City of Madera. The City Council finds Rezone REZ 2023-01 is consistent with the City’s Zoning Ordinance to promote the growth of the City in an orderly and sustainable manner and to ensure consistency with the City General Plan. The City Council hereby makes the following findings:

1. THE PROPOSED REZONE WILL PROVIDE THE REQUIRED CONSISTENCY BETWEEN THE GENERAL PLAN AND ZONING.

2. THE REZONE IS NOT EXPECTED TO BE DETERMENTAL TO THE HEALTH, SAFETY, PEACE, COMFORT OR GENERAL WELFARE OF THE NEIGHBORHOOD OR THE CITY.

SECTION 4. Approval of Rezone. The City Council hereby approves Rezone REZ 2023- 01 and hereby amends the City of Madera Zoning Map as provided for in Chapter 3 of Title X of the Madera Municipal Code from the C1 (light commercial) zone district to R1 (Residen�al – One Unit for Each 6,000 Square Feet) zone district as illustrated in the hereto atached Exhibit “A” which indicates the segment of the City of Madera Zoning Map to be amended.

SECTION 5. Effec�ve Date of Rezone. Unless the adop�on of this amendment to the Zoning Map is lawfully stayed, thirty-one (31) days a�er adop�on of this amendment, the Planning Manager and City Clerk shall cause these revisions to be made to the City of Madera Zoning Map which shall also indicate the date of adop�on of this revision and be signed by the Planning Manager and City Clerk.

SECTION 6. Effect Date of Ordinance. This Ordinance shall be effec�ve and of full force and effect at 12:01 a.m. on the thirty-first day a�er its passage.

SECTION 7. Pos�ng. The City Clerk shall cer�fy the passage and adop�on of this Ordinance by the City Council of the City of Madera and shall cause this Ordinance to be published or posted in accordance with Government Code Sec�on 36933 as required by law. * * * * *
Exhibit “A” – Exis�ng and Proposed Zoning Maps
Exhibit A: Exis�ng and Proposed Zoning Maps
Exis�ng Zoning: C1 (Light Commercial)
Proposed Zoning: R1 (Residen�al, one unit for each 6,000 square feet)

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 3,2023
_________________________________ Agenda Number: ___________ Ismael Hernandez, Director of Public Works
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement with EagleShield Pest Control for pest control services RECOMMENDATION:

Adopt a resolution approving an agreement with EagleShield Pest Control to provide pest control services to the City for a base cost of $12,373 per year for two years SUMMARY:

The City’s existing contract for pest control services sunsets on May 20, 2023. As a result, the City issued a Request for Proposal (RFP), No. 202223-13, soliciting bids to provide pest control services on February 25, 2023. The RFP was posted on the City’s website and PlanetBids, published in the Madera Tribune and emailed to 14 vendors in Madera.

Five bids were received; one was found to be non-responsive for failure to include all items requested in the RFP. An evaluation was conducted by a review committee of the four remaining responsive and responsible bids. The review committee recommends the selection of EagleShield Pest Control.

It is noted that pest control services would be for the following City facilities:
▪ City Hall ▪ Millview Community Center
▪ Public Works Administration ▪ Millview Park
▪ Wells Center ▪ Engineering Trailer
▪ Engineering Office ▪ Rotary Youth Hut
▪ Police department ▪ Fire Station #56
▪ Intermodal ▪ Fire Station #57
▪ Frank Bergon Senior Center ▪ Fire station #58
D-1
▪ Pan-American Community Center ▪ Centennial Park Pool Complex ▪ Water Well sites (20 Locations) ▪ Madera Transit Center ▪ Municipal Airport Administration Building
▪ Wastewater Treatment Plant (Main building and shop building next to main building) ▪ Town & Country Park, Amphitheater
▪ Town & Country Park, Field 7 Concession Stand, Restrooms ▪ Town & Country Park, Field 1 and 2 Concession Stands
▪ Parks Office Structure adjacent to Public Works 1030 Gateway Drive (west of parking lot)
With the exception of the water well sites which will be serviced on a semiannual basis and as needed, the exterior of all buildings listed will be serviced on a monthly basis. The interior of the three fire stations and the Madera Transit Center will be serviced monthly. The interior of all other buildings will be serviced on an as needed basis.

DISCUSSION:

The previous service agreement for pest control services with Tech Master Pest Management issued in 2020 will expire on May 20, 2023.

A competitive pest control service RFP was released from February 25, 2023 through March 24, 2023. The RFP was advertised in the Madera Tribune, posted on the City Website, and uploaded to the City’s online bidding platform, PlanetBids, on February 25, 2023 where it notified 15 vendors within their system. In an effort to reach local vendors, staff also notified the 14 vendors that are City business license holders that provide pest control services. Vendors were allowed to visit all sites and advised of any specific requirements or restrictions for the various sites listed in the RFP. An evaluation by a review committee was conducted of the four responsive and responsible bids. The table below shows the list of the four submittals evaluated.

Table 1: Bids Reviewed
Advanced IPM
EagleShield Pest Control
PestMaster
Tech Master Pest Management
Evaluation scores were computed based on a weighted formula. The evaluation criteria are outlined in Table 2.

Table 2: Evaluation Criteria and Maximum Evaluation Score Criteria Max. Evaluation Score
Completeness of Response Pass/Fail
Qualifications & Experience 35
Work Plan 15
References 30
Cost Proposal 20
Subtotal 100
The term of the agreement is two (2) years, with an option to extend the agreement for three (3) additional years. The list of locations, monthly costs, and year are in the agreement. All prices are to remain firm for a minimum of two years. The City will have to pay for additional non-routine services.

FINANCIAL IMPACT:

This agreement is for a fixed dollar amount for each item furnished to the City with no built-in increases over the agreement’s two (2) year term. The annual base cost of this agreement will be $12,373. According to the RFP, the City may ask the vendor to perform additional work but vendor must first provide a written quote for proposed work and must receive written authorization from the City. EagleShield Pest Control was the second lowest bidder but when evaluating other criteria of the review process such as Qualifications & Experience, Work Plan and References, EagleShield Pest Control was chosen as the best choice for the City. This agreement will be financed by money set aside in the individual departmental budgets.

ALTERNATIVES:

Potential Council alternatives include:
▪ Not approve the proposed Agreement
▪ Direct staff to re-release RFP for pest control services ATTACHMENTS:

1. Resolution

2. Professional Services Agreement with EagleShield Pest Control Table 3: Evaluation Scores
Firm Evaluation Ranking Overall Weighted Score
Advanced IPM 2 397.96
EagleShield Pest Control 1 440.59
PestMaster 3 397.52
Tech Master Pest Management 4 396.67
RESOLUTION NO.

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

CALIFORNIA APPROVING AN AGREEMENT WITH EAGLESHIELD PEST

CONTROL
WHEREAS, the City of Madera(“City”) has a need to secure pest control services from a qualified professional; and
WHEREAS, the City issued a Request for Proposals (RFP) for pest control services on February 5,2023; and
WHEREAS, the City posted the RFP to the City’s website and PlanetBids where the platform notified 15 vendors, published in the Madera Tribune and emailed to 14 vendors in Madera ; and
WHEREAS, the City received 4 responsive and responsible bids in response to the RFP; and
WHEREAS, EagleShield Pest Control, has been identified as the best qualified contractor by a City review board to provide services under this Pest Control Services Agreement; and WHEREAS, an agreement has been prepared between the City and EagleShield Pest Control.

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 Council approves the Agreement with EagleShield Pest Control, which is attached hereto as Exhibit 1.

3. This resolution is effective immediately upon adoption. * * * * *
----
1 AGREEMENT FOR SERVICES

BETWEEN

CITY OF MADERA
AND
EagleShield Pest Control
This Services Agreement, (hereinafter referred to as the "Agreement"), effective May 3, 2023 , is entered between the City of Madera, a municipal corporation, (hereinafter referred to as "City"), and EagleShield Pest Control, (hereinafter referred to as "Vendor").

RECITALS
A. City desires to obtain Pest Control Services (“Services”) and issued a Request for Proposals for said Services.

B. Vendor is a firm specializing in Pest Control Services with the necessary experience to provide desired Services to the City and submitted a proposal to the City.

C. City desires to retain Vendor to provide said Services, as detailed further herein.

D. City desires to retain Vendor, and Vendor desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Vendor agree as follows:

TERMS AND CONDITIONS

1. Term. The term of this Agreement shall be for a three-year period effective from the date first set forth above and shall continue in full force and effect for three (3) year(s) unless otherwise terminated by the City. The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90-days in advance of expiration, for a period not to exceed two (2) additional one-year extensions.

2. Scope of Work. Vendor shall provide Services described in Exhibit A which is attached and incorporated by reference.

2.1. Vendor acknowledges and agrees that any Services he/she/they provides to City shall be on a non-exclusive basis.

2.2. The parties acknowledge and agree that the Vendor, in the performance of this Agreement and the authority delegations provided for in this Agreement and Exhibit A hereto, shall exercise his/her/their independent judgment and shall not take direction, directly or indirectly, in connection therewith from the City 2 Manager, the Mayor, the City Council (or any member thereof), or any other person.

2.3. Vendor represents and warrants that he/she/they is qualified to provide services described in Exhibit A meeting all experience, training, and current requirements thereunder.

3. Compensation. City shall pay Vendor as follows:

3.1. Vendor shall be compensated in accordance with Exhibit B which is attached and incorporated by reference.

3.2. Vendor shall bill City monthly and submit billing to City within five days from the end of each month. For each billing received by the fifth day of the month, the City shall make payment therefore by the 22nd day of the month.

4. Termination. Remedies and Force Majeure.

4.1. This Agreement shall terminate without any liability of City to Vendor upon thirty (30) business days prior written notice by City to Vendor or by Vendor to City.

4.2. In the event of such termination, Vendor shall be paid for all services provided to the City to date of termination.

4.3. Upon any termination or expiration of the Agreement, City may (i) exercise any right, remedy (in contract, law, or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic, and incidental damages for the breach of the Agreement.

4.4. Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Vendor and without its fault or negligence, such as: acts of God or the public enemy; acts of City in its contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes; unusually severe weather; and delays of common carriers. Vendor shall notify City Manager in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to City Manager of the cessation of such occurrence.

5. Indemnification and Insurance.

5.1. Indemnification and Defense. Vendor shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, 3 or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Vendor’s performance of its obligations under this agreement or out of the operations conducted by Vendor, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Vendor’s performance of this agreement, the Vendor shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

5.2. Insurance. Vendor shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit C attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Vendor shall provide City with copies of required certificates of insurance upon request.

5.3 The provision will survive expiration or termination of this Agreement.

6. Conflict of Interest. Prior to City’s execution of this Agreement, Vendor shall complete a City of Madera Conflict of Interest Disclosure Statement. Said Statement is attached hereto as Exhibit D and incorporated herein by reference. During the term of this Agreement, Vendor shall have the obligation and duty to immediately notify City in writing of any change to the information provided by Vendor on Exhibit D.

6.1. Vendor shall not employ or retain the services of any person while such person either is employed by City or is a member of the City Council, any City commission, board, committee, or similar City body. This requirement may be waived in writing by the City Manager if no actual or potential conflict is involved.

6.2. Vendor shall comply with all applicable laws, rules, regulations, and professional canons/requirements governing avoidance of impermissible client conflicts, including without limitation the requirements of the California Political Reform Act (Government Codes Section 87100 et seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).

6.3. Vendor represents and warrants that as of the effective date hereof, he/she/they represents no client whose interests are adverse to the City's.

6.4. This Section 6 shall survive expiration or termination of this Agreement.

7. Nondiscrimination. Vendor shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or 4 physical or mental disability. During the performance of this Agreement, Vendor will comply with all laws and regulations, as applicable. Specifically, no person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.

8. Invalid Provisions. The provisions of this Agreement are severable. In the event any term, covenant, condition or provision of the Agreement, or the application thereof to any person, entity, or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions or provisions of this Agreement, or the application thereof to any person, entity, or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated, provided that such invalidity, voiding or unenforceability of such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations contained in the then remaining valid covenants, conditions or provisions of this Agreement.

9. Independent Contractor. Vendor is and throughout this Agreement shall be an independent contractor and not an employee, partner, or agent of the City. However, City shall retain the right to verify that Vendor is performing his respective obligations in accordance with the terms hereof.

9.1. Because of his status as an independent contractor, Vendor shall have absolutely no right to employment rights and benefits available to City employees. Vendor shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with his other obligations under this Agreement, Vendor shall be solely responsible for all matters relating to employment and tax withholding for and payment of Vendor's employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in City employment benefits, entitlements, programs and/or funds offered employees of City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, Vendor may be providing services to others unrelated to City or to this Agreement.

10. Partnership/Joint Venture. This Agreement does not evidence a partnership or joint venture between Vendor and City. Unless specifically provided for herein, the Vendor shall have no authority to bind the City absent City’s express written consent. Except to 5 the extent otherwise provided in this Agreement, Vendor shall bear his own costs/expenses in pursuit hereof.

11. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, by registered or certified mail, return receipt requested with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth on the signature page of this Agreement or at such other address as the parties may from time to time designate by written notice.

11.1. Personal service, as aforesaid, shall be deemed served and effective upon delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently served and effective as of 12:00:01 AM, on the fourth (4th) calendar day following date of deposit in the United States mail of such registered or certified mail, properly addressed and postage prepaid.

12. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor 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, Vendor shall not assign the payment of any monies due Vendor from City under the terms of this Agreement to any other individual, corporation, or entity. City retains the right to pay any and all monies due Vendor directly to Vendor.

13. Non-Solicitation. Vendor represents and warrants that he has not paid or agreed to pay any compensation, contingent or otherwise, to solicit or procure this Agreement or any rights/benefits hereunder.

14. Compliance with Law. In providing the services required under this Agreement, Vendor shall at all times comply with all applicable laws of the United States, the State of California and City, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

15. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any case, controversy or proceeding regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Madera County, California.

16. Attorney's Fees. If either party is required to commence any proceeding or legal action to enforce any term, covenant 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 in addition to any other relief to which such party may be entitled.
6 17. 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.

18. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

19. General Provisions.

19.1. Once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

19.2. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

19.3. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

19.4. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.

19.5. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

20. Final Agreement. This Agreement and any documents, instruments and materials referenced and incorporated herein represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between City and Vendor. This Agreement may be modified only by written instrument duly authorized and executed by both City and Vendor.
7 Notice. Any notice required pursuant to this Agreement shall be deemed delivered if given in writing, mailed with postage prepaid, addressed and directed as follows (or at such other address as the parties may from time to time designate by written notice) CITY: VENDOR:

City of Madera Brent Kendrick, General Manager
Attn: Arnoldo Rodriguez EagleShield Pest Control
205 W. 4th Street 2974 Phillip Ave.

Madera, CA 93637 Clovis, CA 93612
Phone: 559-661-5400 Phone: 559-840-7035
Email: [email protected] Email: [email protected] IN WITNESS WHEREOF, the parties have executed this Agreement at Madera, California, the day, and year first above written.

CITY OF MADERA
a municipal corporation
By:

Santos Garcia
Mayor
Date: _______________________________
EagleShield Pest Control
By:

Brent Kendrick
General Manager
Date: _______________________________
ATTEST:

By:

Alicia Gonzales
City Clerk

APPROVED AS TO FORM
By:

Hilda Cantú Montoy, City Attorney
Date: ____________________________
Exhibits:

Exhibit A - Scope of Work
Exhibit B - Schedule of Compensation
Exhibit B - Insurance Requirements
Exhibit C - Conflict of Interest Disclosure Form
8 EXHIBIT A

SCOPE OF SERVICES
Jennifer Stickman, Procurement Services Manager
Finance Department• City of Madera
205 W. 4th Street
Madera, Ca. 93637
RE: REQUEST FOR PROPOSAL NO. 202223-13
March 23rd, 2023
I would like to thank you for considering EagleShield Pest Control as a vendor. I know your time is valuable, but I would like to briefly give you a descr.iption of our company and the services we provide.

EagleShield Pest Control Inc. is a locally owned and operated company willing and ready to handle all your pest control needs. Our branch office is in Clovis, CA, with other branch offices in southern and nnrthP.rn f.:alifnrnfa. F.:aglP.ShiP.lci PP.st f.nntrol h:as sP.rvir.P.rl thP. St:atP. nf f.:alifnrnl:a fnr ovP.r 10 yP.:ars with experience in: property management, food pr·ocessing plants, school distrlcts, government contracts, industrial properties, residential properties, and much more.

We can control, remove, exclude, ,or exterminate the following:
• Roaches • Gophers/Squirrels • Carpet Beetles
• Ants • Fleas • Silverfish
• Spiders • Ticks • Bees and Wasps
• Rodents/trapping/baiting/etc. • Termites • Wildlife
• Birds • Bedbugs • And More
We a lso do a variety of Exclusion and Cleanout Opt ions:
• Bat Guano • Solar Panels • Rirrl FP.l'.P.S
• Screen Replacement • Eave Nesting Areas • Wildlife Barrier • Rat Droppings • Tree Trimming • Sanitation
• Insulation Removal • Netting • Deodorization
We are confident that given the opportunity you will be very pleased with our knowledge, customer service, and promptness. We look forward to proving that to you. Should you or anyone else have any questions, please don't hesitate to contact us. Also, below are phone numbers for the 1PM coordinators at some of the school districts/daycares and government facilities we currently service. We encourage you to contact them with any questions about us and our services. Thank you! 3 Brent Kendrick
General Manager
EACiLESHIELD
Section C: Executive Summary
Pests will be managed to:
"Soaring Above Expectations"
• Reduce any potential human health hazard or to protect against a significant threat to public safety. • Prevent loss or damage to City of Madera resources, structures, or property. • Prevent pests and rodents from spreading to the community, or plant and animal populations beyond the city sites.
• Enhance the quality of life for students, staff, employees and others.

The level of pest control and the method of pest management to be considered are as follows:
• Non-Chemical prevention of pest populations using methods such as sanitation, exclusion, and cultural methods.
• Application of pesticides only "as needed" to correct verified problems. • Selection of the least hazardous methods and materials that are effective for the control of targeted pests.
• Precision targeting of pesticides to areas not contacted or accessible to the children, faculty, and staff.

A. Non-Chemical Techniques

1. Glue boards: Will be used to trap crawling insects and rodents for the dual purpose of monitoring and control. They will be positioned in areas most likely to be frequented by pests yet placed so as not to interfere with operations.

2. Pheromone traps: May be deployed as needed and defined by the scope of service agreement to monitor insect populations.

3. Mechanical traps: May be used as needed to monitor and/or control rodents.

4. UV light traps: May be used to trap and monitor various flying insects. These traps will be checked monthly and serviced as needed according to the scope of the service agreement.

5. Vacuums: May be used as needed to remove insects and any debris that might serve as an insect food source.

6. Foam Sealant: May be used to close openings that can be used by pests.

B. Chemical Techniques

1. Pesticides: If needed, will be applied in accordance with individual product label instructions and only when non-chemical methods have been ineffective or are inappropriate. Copies of each product label and SDS will be provided upon request.

2. Rode ntlcldes: Will be used in enclosed and tamper-resistant bait stations on exterior locations of the facility, such as the building perimeter and fence line. ~ (888) 678-2801 ~ [email protected] @ eagleshieldpc.com ~ 2974 Phillip Ave., Clovis, CA 93612 4 EACiLESHIELD "Soaring Above Expectations"
Section E: Understanding of Project
We believe that we are familiar with the scope of this project through making ourselves familiar with this RFP and from experience with other city /government facilities. With that understanding we would implement the following procedures based on the needs of this RFP:

Administering an 1PM Plan
Our 1PM plan will be administered to address the following:

1. Indoor populations of rodents and Insects.
2 . Outdoor populations of potentially lndoor-lnfestin9 species that are within twenty (20) feet of the exterior buildin9 walls.
3 . Installation and monitoring of Pest Monitorin9 Devices within building spaces.

Scope of Work
We have a clear understanding of the scope of work that the City of Madera is requesting of an 1PM company such as ours. In the general scope of work the following work would be included in our scope of work:

A. /PM services at all sites proposed sites.

B. Residual pest management services, Installation and monitorin9 of all pest monitoring devices, and suppression of all pests as stated within this proposal.

C. Development of /PM plan for oil proposed sites and provide electronic record keepin9.

D. Documentln9 /PM services performed at proposed sites.

E. Other work as required to conform to all governmental re9ulatin9 rules and regulations for pe,jormance of work under this contract.

We also understand that within this scope of work we will perform Interior 1PM services(as needed treatments) and residual exterior services at:
o City Hall 205 West 4th Street
o Public Works 1030 South Gateway Drive
o Parks & Comm. Dev./ Youth Center 205 Flume Street
o Engineering Office 428 E Yosemite Ave.
o Police Department 330 South C Street
o Intermodal 123 North E Street
o Frank Bergon Senior Center 238 South D Street
o Pan-American Community Center 703 East Sherwood Way
o Mlllvlew Community Center 1901 Clinton Street
o Mlllvlew Park 1924-1998 Storey Road
o Engineering Trailer 205 West 4th Street
o Rotary Youth Hut 121 South Q Street
o Wastewater Treatment Plant 13048 Road 21 ½
~ (888) 678-2801 ~ [email protected] @ eagleshieldpc.com ~ 2974 Phillip Ave., Clovis, CA 93612 6 EACiLESHIELD "Soaring Above Expectations"
o Fire Station #56 317 North Lake Street
o Fire Station #57 200 South Schnoor Street
o Fire Station #58 2558 Condor Drive
o Municipal Airport Adm in Building 4020 Aviation Drive o Centennial Park Pool Complex 221 Flume Street
o Town & Country Park, Amphitheater 2300 Howard Road
o Town & Country Park, Field 7 Concession Stand, Restrooms 2300 Howard Road o Town & Country Park, Field 1 & 2 Concession Stands 2300 Howard Rd o Madera Transit Center
o 1951 Independence Dr
o Well Sites {20 Locations)
o Parks Office Structure adjacent to Public Works 1030 Gateway Drive {west of parking lot) Narrative, History, and Experience
Monitoring, identifying, diagnosing, and administering target-specific prescriptions are the foundation of our pest control practice s upporting the safe elimination of pest problems while providing protection from future occurrences.

Our experience with city /schools/government sites Implementing these concepts has been the basis of our pest control practice. We currently work with both private schools and public schools, as well as multiple government buildings on a regular basis, to monitor and prevent pest population. Our approach to pest maintenance and prevention for these sites follows the 5 steps to the 1PM program:

1. Identify the Pest

2. Monitor Pest Activity

3. Determine Thresholds

4. Explore Treatment Options and Make Appropriate Treatments

5. Evaluate Results
We currently are regularly audited at our food processing facilities by National Ascribed companies s uch as: Primus, BRC, SQF, AIB, and more. We have attained a perfect score in our audits dealing with food processing locations.

We post appropriate documentation prior to treatment and file documentation with the county ag commissioner as required by "The Healthy Schools Act".

We take pride In offering the most creative pest control solutions. We use the safest products and techniques performed by licensed technicians who have elevated the word "exterminator" by undergoing continuous training and licensing and demonstrating a commitment to the environment.

As stated previously, we have directly overseen the 1PM programs for multiple school districts as well as for a State University and many government facilities statewide. ~ (888) 678-2801 ~ [email protected] @ eagleshieldpc.com ~ 2974 Phillip Ave., Clovis, CA 93612 7 EXHIBIT B

SCHEDULE OF COMPENSATION
Item City of Madera Interior Frequency Exterior Frequency Monthly Annual Facility
A City Hall X As needed X Monthly
205 West 4th Street $39.00 $468.00
B Public Works X As needed X Monthly
1030 South Gateway
Drive $39.00 $468.00
C Parks & Comm . X As needed X Monthly
Dev./ Yout h Center
205 Flume Street $39.00 $468.00
D Engineering Office X As needed X Monthly
428 E Yosemite Ave. $39.00 $468.00
E Police X As needed X Monthly
Department
330 Sout h C Street $39.00 $468.00
F lntermodal X As needed X Monthly
123 North E Street $39.00 $468.00
G Frank Bergon Senior X As needed X Monthly
Center
238 Sout h D Street $39.00 $468.00
H Pan-American X As needed X Monthly
Community Center
703 East Sherwood
Way $39.00 $468.00
MeHieaA AMeFieaA
C:on,or
;&i& Eieh1111119ie &1,eet
J M illview Community X As needed X Monthly
Center
1901 Clinton Street $39.00 $468.00
K M illview Park X As needed X Monthly
1924-1998 Storey
Road $39.00 $468.00
Item City of Madera Interior Frequency Exterior Frequency Monthly Annual Facility
L Engineering Trailer X As needed X Monthly
205 West 4th Street $39.00 $468.00
M Rotary Yout h Hut X As needed X Monthly
121 Sout h QStreet $39.00 $468.00
N Wastewater X As needed X Monthly
Treatment Plant
13048 Road 21 ½
(Main building and
shop building next
to main building) $39.00 $468.00
0 Fi re Stat ion #56 X Monthly X Monthly
317 North Lake
Street $39.00 $468.00
p Fire Stat ion #57 X Monthly X Monthly
200 Sout h Schnoor
Street $39.00 $468.00
Q Fi re Stat ion #58 X Monthly X Monthly
2558 Condor Drive $39.00 $468.00
R Municipal Airport X As needed X Monthly
Admin Building
4020 Aviation Drive $39.00 $468.00
s Centennial Park Pool X As needed X Monthly
Complex
221 Flume Street $39.00 $468.00
T Tow n & Country X Monthly
Park,
Amphit heater
2300 Howard Road $39.00 $468.00
u Town & Country X As needed X Monthly
Park,
Field 7 Concession
Stand, Restrooms
2300 Howard Road $39.00 $468.00
V Town & Country X As needed X Monthly
Park,
Field 1 & 2
Concession Stands
2300 Howard Rd $39.00 $468.00
w Madera Transit X Monthly X Monthly
Center $39.00 $468.00
Item City of Madera Interior Frequency Exterior Frequency Monthly Annual Facility
1951 1ndependence
Dr
X Well Sites (20 X Sem iLocat ions) Actual Annual
locations will be
provided upon
contract award,
y Well Sites (Same 20 X As **
Locations as above) needed in
Actual locations will addit ion
be provided upon to sem icontract award. annual
schedule $49.00
z Parks Office X As needed X Monthly
Structure adj acent
to Public Works
1030 Gateway Drive
(west of parking lot)
$39.00 $468.00

EXHIBIT C

INSURANCE REQUIREMENTS
A. Insurance Requirements.

Vendor shall maintain limits no less than:
▪ $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. ▪ $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Vendor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. ▪ Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Vendor 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 Pollution Liability per claim. Coverage shall be provided on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, or gradual pollution and remediation. Such insurance shall also include but shall not be limited to any coverage required to meet all State and Federal requirements relating to the removal, transfer, use, or other activity involving hazardous or contaminated materials. The City, its officials, officers, agents, and employees shall be included insureds under the policy.

Maintenance of Coverage
Vendor 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 Vendor, his agents, representatives, employees, subcontractors, or subconsultants as specified in this Agreement.

Proof of Insurance
Vendor 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 Vendor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Vendor 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)
Vendor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Vendor 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 Vendor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Vendor.

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

Additional Insurance
Vendor 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.

EXHIBIT D

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature
(name)
(address)

(city state zip)
 Additional page(s) attached.
□ □
□ □
□ □
□ □
□ □
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REQUEST FOR PROPOSAL NO. 202223-13

CITY OF MADERA

PEST CONTROL SERVICES
Date Released: February 25, 2023
Proposals are due 5:00pm, Friday, March 24, 2023

TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................................... 3 II. BACKGROUND.......................................................................................................................... 3 III. SPECIFICATIONS ................................................................................................................... 3 IV. PROPOSAL REQUIREMENTS................................................................................................. 7 V. PROPOSAL EVALUATION.......................................................................................................... 8 VI. GENERAL INSTRUCTIONS ................................................................................................... 10 VII. GENERAL PROVISIONS ....................................................................................................... 12 VIII. INSURANCE REQUIREMENTS FOR GENERAL SERVICES ..................................................... 15 ATTACHMENT A ............................................................................................................................ 18 COST PROPOSAL........................................................................................................................ 18 ATTACHMENT B ............................................................................................................................ 21 RFP REFERENCE FORM .............................................................................................................. 21 ATTACHMENTS C........................................................................................................................... 22 SAMPLE SERVICES AGREEMENT................................................................................................ 22 I. INTRODUCTION
The City of Madera is soliciting proposals from qualified vendors to provide pest control services in accordance with this Request for Proposal (RFP). This RFP is expected to result in a three-year contract with the option to extend for three additional one-year terms. The intent of this RFP is to identify a stable vendor that can offer the highest quality of service at the lowest overall cost to the City.

II. BACKGROUND
The City of Madera incorporated in 1907. The City is a general law City and operates under the City Council/City Manager form of government. The City covers approximately 16 square miles, with a population of 66,000. Located in the central San Joaquin Valley of California, Madera is approximately 15 minutes north of the largest city within the region, Fresno.

III. SPECIFICATIONS
It is the intent of the City to solicit bid offers for qualified, pesticide applicator (operator) businesses who are duly registered and licensed in the State of California to render quality pest control services to the City in order to provide a pest free environment for employees, clients and visitors to the offices, buildings and/or grounds of the various City locations stated in the specifications. Locations may, however, be added or deleted during the term of this contract and extensions thereof.

The contracted vendor(s) shall be responsible for furnishing all materials, transportation, labor, equipment, any and all services and materials necessary to perform pest control service, for both specified and unspecified sites at various City locations.

All pest control services shall be performed in accordance with Federal, State and Local rules and regulations presently established or may be established during the term of the contract. Any and all chemical product(s) used must be approved for its intended use and applied in a manner consistent with regulations established by the State of California – Cal OSHA.

The contracted vendor(s) pest control service visits must be scheduled in advance as to not disrupt the normal operations of any department or division.

REQUEST FOR PROPOSAL
202223-13
FOR

PEST CONTROL SERVICES
City of Madera
RFP 202223-13 Pest Control Services

Page 3 of 35 ends

Madera City CouncilMay 3, 2023

Madera City Council
May 3, 2023