Agenda packet — Madera City Council, May 17, 2023 (part 1 of 3)

Update 05/11/23 at 9:15 p.m. Madera City Council Agenda Page 1 of 7 May 17, 2023

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

CORRECTED

NOTICE AND AGENDA
Wednesday, May 17, 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: 899 3525 5118 #. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem 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
INVOCATION: Pastor Roger Leach, Valley West Christian Center PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

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

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

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WRITTEN COMMUNICATIONS: None
PRESENTATIONS: 1) Recognition of MadTown Robotics Team 1323 – World Champions 2) Proclamation Recognizing Educator of the Year - Blanca Bishop INTRODUCTIONS: None
A. WORKSHOP:

A-1 Capital Improvement Program (CIP) – Streets, Active Transportation and Storm Drainage for Fiscal Year (FY) 2023/24 to FY 2027/28
Recommendation: Consider the information presented and provide input and direction on the 5-year CIP for streets, active transportation (including multi-modal projects), and storm drainage projects (Report by Keith Helmuth) B. CONSENT CALENDAR:

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

B-1 Minutes – April 5, 2023
Recommendation: Approve the City Council Minutes of April 5, 2023 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for April 22, 2023 to May 5, 2023 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: No Action Required. (Report by Wendy Silva) B-4 Acceptance of Payment from City’s Own Insurance Pool for Water Damage to the Frank Bergon Senior Center
Recommendation: Adopt a Minute Order Accepting an Insurance Payment from the City’s Own Insurance Pool for Water Damage Repairs to the Frank Bergon Senior Center in the amount of $39,824.31 (Report by Wendy Silva) B-5 Outside City Limits Water Connection for 16385 North D Street (APN 038-082-002) Recommendation: Adopt a Resolution Approving an Agreement between the City and Carol D. Moore, Carl Armentrout, and Terry Armentrout for connection to the City’s Water System (Report by Keith Helmuth)
B-6 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 for 30 days (Report by Arnoldo Rodriguez) B-7 Piggyback Purchase Agreements for Transit and Fleet Division-related Purchases Recommendation: Adopt Resolutions Approving Piggyback Purchase Agreements as follows:

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1) Approving Sourcewell Piggyback Agreements for the Purchases from:
a. Mohawk Lifts of four post lifts for mechanic shop for $153,000 b. Schwarze Industries, Inc. of a street sweeper for $381,000 c. 72 Hour LLC dba National Auto Fleet Group for a Police pickup for $36,000
d. Kubota Tractor Corporation through Pioneer Tractor for $91,000; and
e. ALTEC Industries of Aerial Truck for $142,000
2) The State of California piggyback agreement for the purchases from:
a. Downtown Ford of Sacramento of three Ford utility trucks for $230,000
b. Cappo Management dba Freeway Toyota of one Police sedan for $36,000
c. Folsom Lake Ford of three patrol vehicles for $165,000, and d. Cappo Management dba Freeway Toyota of two pickups for Sewer and Water Maintenance for $60,000
3) The Los Angeles County Sheriff’s Office piggyback agreement for the purchase from RCA Investments of three motorcycles for $93,000 (Report by Michael Lima)
B-8 Award of Three-Year Contract, with the Option of Two One-Year Extensions, with the PUN Group for Professional Auditing Services
Recommendation: Adopt a Resolution Approving a Three-year Contract with the PUN Group for Professional Auditing Services in the amount of $168,763, with Two Optional One-year Extensions (Report by Michael Lima)
B-9 Accepting a Portion of the Improvements for Iveywood Subdivision Recommendation: Adopt a Resolution:
1) Accepting a Portion of the Improvements for Iveywood I Subdivision; and
2) Authorizing the Filing of the Notice of Acceptance for Said Subdivision Improvements (Report by Keith Helmuth)
B-10 Amendment to Agreement with Stantec Architectural, Inc. for Design Services in the amount of $15,000 for the Design of an Entrance Canopy at the Madera Transit Center (MTC) Recommendation: Adopt a Resolution:
1) Approving Amendment No. 2 to the Agreement for Professional Architectural and Engineering Services for a New Entrance Canopy at the Madera Transit Center for $15,000; and
2) Approving the Extension of the Contract Term through June 30, 2024 (Report by Michael Lima)
B-11 Second Reading and Adoption of an Ordinance to Rezone Property Located on 308 N. C Street (REZ 2023-01)
Update 05/11/23 at 9:15 p.m. Madera City Council Agenda Page 4 of 7 May 17, 2023
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 adopt 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) B-12 Second Reading and Adoption of an Ordinance for the Arc Fresno/Madera Counties Project Prezone (REZ 2022-02) for Purposes of Facilitating Annexation to the City of Madera in Accordance with Annexation Application ANX 2022-03.

Recommendation: 1) Waive full reading and adopt an Ordinance of the City Council approving REZ 2022-02 amending the official City of Madera Zoning Map to prezone the approximately 242 acre “Arc Annexation Area” generally bound by Martin Avenue on the north, North D Street on the East, Adell and Ellis Streets on the south, and the existing United States Bureau of Reclamation Canal and Road 26 on the west; and 2) Adopt a Resolution of the City Council initiating an application to the Madera Local Agency Formation Commission (LAFCo) for a change of organization of territory in accordance with Annexation ANX 2022- 03 (Report by Will Tackett)
C. PUBLIC HEARINGS:

C-1 Public Hearing Regarding Proposed Annexation No. 14 to Community Facilities District No. 2005-1 (CVI Subdivision) and Related Actions
Recommendation: 1) Hold the Public Hearing; and
2) Adopt a Resolution of the City Council (Council) of the City of Madera Authorizing Annexation (Annexation No. 14) of Territory (22-S02/TSM 2017-02 Subdivision) to Community Facilities District No. 2005-1 (Public Services); Authorizing the Levy of Special Taxes; and Submitting the Levy of Tax to the Qualified Electors; and 3) Conduct the Election of the Qualified Electors of Annexation No. 14; and
4) Adopt a Resolution Making Certain Findings, Declaring and Certifying the Results of an Election, and Adding the Territory Identified as Annexation No. 14 to CFD 2005-1 (Public Services) Annexation No. 14 (Report by Will Tackett)
C-2 Public hearing to approve the Community Development Block Grant (CDBG) 2023/24 Annual Action Plan final funding allocations and sub-recipient agreements Recommendation: Conduct a public hearing to receive final public input on the 2023/24 Annual Action Plan and adopt Resolutions:

Update 05/11/23 at 9:15 p.m. Madera City Council Agenda Page 5 of 7 May 17, 2023
1) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($176,346) with City of Madera 23-24 CDBG Administration; and
2) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($20,000) with Community Action
Partnership of Madera County; and
3) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($26,032) with Madera Coalition for Community Justice; and
4) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($5,527) with Project Run Madera; and 5) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($35,000) with Madera Rescue Mission; and
6) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($15,700) with O.L.I.V.E. Charitable Organization; and
7) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($10,000) with Community Action
Partnership of Madera County; and
8) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($25,000) with Madera County
Association of Realtors; and
9) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($30,000) with City of Madera, Parks & Community Services Department; and
10) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for services ($617,500) with City of Madera
Engineering Department; and
11) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($215,000) with City of Madera, Parks & Community Services Department; and
12) Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($148,386) with City of Madera, Parks & Community Services Department (Report by Michael Lima)
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 1) Engineer’s Report For City Wide Landscape And Lighting Assessment District Zones Of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29- E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 For Fiscal Year (FY) 2023/24 Update 05/11/23 at 9:15 p.m. Madera City Council Agenda Page 6 of 7 May 17, 2023
2) Resolution of Intention to Levy and Collect Annual Assessments for City Wide Landscape and Lighting Assessment District Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H,10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17- D, 18, 20-A, 20-B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C,26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50 & 51 for FY 2023/24 and Setting Date for Public Hearing
Recommendation: 1) Adopt a Minute Order Approving the Engineer’s Report as Filed or with Modifications as Identified by the City Council (Council) During this Meeting; and
2) Adopt a Resolution of Intention to Levy and Collect Proposed Annual Assessments for all City-Wide Landscape and Lighting District Zones of Benefit Referenced in the Engineer’s Report for FY 2023/2024 or as may be Amended and set June 7, 2023, as the Public Hearing date to Consider the Proposed FY 2023/2024 Assessments for City Wide Landscape and Lighting District Zones of Benefit (Report by Keith Helmuth)
D-2 Agreement with RRM Design Group for Architectural and Engineering (A/E) Design Services on the Intermodal Transit Center
Recommendation: Adopt a Resolution approving an agreement with RRM Design Group to provide engineering and architectural services for the Madera Intermodal Transit Center renovation (Report by Michael Lima) E. ADMINISTRATIVE REPORTS:

E-1 Yosemite Avenue Landscaping and Project Update
Recommendation: This report is submitted for City Council (Council) as an update of the Caltrans State Route 145 Yosemite Avenue (Project) and consideration and direction relative to various items for the Project (Report by Keith Helmuth)
E-2 Set date(s) for City Attorney interviews
Recommendation: Request for direction regarding date(s) for interviewing City Attorney candidates (Report by Wendy Silva)
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: Madera v. Lopez
ADJOURNMENT:

Update 05/11/23 at 9:15 p.m. Madera City Council Agenda Page 7 of 7 May 17, 2023
UPCOMING MEETING DATES:
 Wednesday, June 7, 2023
 Wednesday, June 21, 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 17, 2023, near the front entrances of City Hall and on the City’s website www.madera.gov at 9:15 p.m. on May 11, 2023. _______________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Workshop - Capital Improvement Program (CIP) – Streets, Active Transportation and Storm Drainage for Fiscal Year (FY) 2023/24 to FY 2027/28
RECOMMENDATION:

Consider the information presented and provide input and direction on the 5-year CIP for streets, active transportation (including multi-modal projects), and storm drainage projects SUMMARY:

This year, two or more workshops will cover the draft CIP for FY 2023/24 to FY 2027/28. This presentation focuses on the projects and programs that utilize locally generated, state or federal transportation related funding sources.

Preparation and approval of the CIP is an annual process. The CIP for FY 2023/24 to FY 2027/28:
 Lists the proposed projects for funding of design, right of way costs, and construction  Updates the status of proposed projects to be funded in the four years after FY 23/24  The CIP must be submitted to the Planning Commission for determination of conformity of those projects not previously conformed with the City’s General Plan pursuant to Government Code Section 65401
 The projects in FY 2023/24 are included in the City’s FY 2023/24 Budget DISCUSSION:

The CIP is a planning document for capital improvement projects that covers a rolling five-year period. Critical projects are identified and defined so that resources can be assigned to implement the projects. The CIP also provides a comprehensive presentation of all funding sources that support capital projects and many of the operational programs supported by these same funding sources.

A-1
This past year, the City considered increases to the sewer, water,storm drainage, and solid waste utility charges based on operational and capital needs to maintain the system and meet the current and proposed needs of the community. The Utility Rate Studies included 5 to 10 years of capital projects for each category and any known funding sources, such as impact fees or the American Rescue Plan Act (ARPA) funds. Following a Proposition 218 process, the City successfully adjusted the fees for sewer, water, and solid waste. Unfortunately, the voters did not approve of changes to the utility fees for storm drainage. There is a tremendous shortfall in capital funding for storm drain improvements, given that fees have not increased since 1992.

Improvements to the storm drainage system that benefit the transportation network are eligible for certain transportation related funding sources. Therefore, it is appropriate to include storm drainage needs in this presentation.

One of the significant funding sources for transportation projects, Measure T, was also presented to voters for renewal in November 2022. Measure T is a county-wide one-half cent sales tax for transportation purposes approved in 2006 and ends in 2027. It did not pass. Efforts are underway to present the renewal again to the voters in November 2024.

After the November election, the Madera County Transportation Commission (MCTC) surveyed the voters and sought feedback why people voted “no” to the renewal of Measure T. The results have been very informative. Many of the questions/concerns can be addressed through our CIP process:
 Educating the public as to how the City spends Measure T funds and gas tax funds  The public meeting process provides an opportunity for input to project selection and priorities
 Discussion on how projects are selected and prioritized PROJECT SELECTION PROCESS:

Projects are included in the CIP for a variety of reasons. Some of the more common include:
 They are identified along with targeted completion dates in adopted master plans and technical studies.
 They are necessary to support City growth.
 They developed from Community input to Council or staff.

The CIP will generally focus on those projects where funding is available or anticipated to be so within the five-year window. Because there is a perennial need for more capital improvements than can be funded, not all potential projects are included in years beyond the next fiscal year in the CIP unless there is a reasonable assumption that funding will be identified. Funding source limitations play a significant role in determining which projects can be constructed and the projected construction timeline.

Most sources, whether Federal, State, or local grants and/or local development impact fees, can only be used for projects meeting certain criteria. Prioritization of many projects is therefore impacted by their respective funding sources.

PROJECT PRIORITIZING PROCESS:

Updating the CIP is a fluid process that ties closely to related funding sources and staff resources.

The prioritization of projects is based on Council direction and shared departmental feedback of projects from Engineering, Public Works, Parks & Community Services, Transit, Grants, Fire & Police Departments, and Airport.

Project delivery is also influenced by unexpected or unforeseen circumstances within specific projects or other demands created by other planned or unplanned projects. As an example, City project managers may be designing a road or street improvement when their services are needed to complete grant applications, address an emergency repair, or to accommodate the continuing uptick in private development activity. Occasionally, a project may be delayed to accommodate other CIP projects in the same vicinity. For example, the pavement improvement planned for Clinton Street as part of R-000081 is being held back by planned sewer and water improvements that were recently funded by CDBG.

PROJECTS:

Key projects in the CIP are identified below by project type listed in Table 1.

Table 1: Project Type List

1. Road Construction Projects

2. Road Rehabilitation Projects

3. Alley Paving/Shoulder Paving Project

4. Active Transportation – Bicycle/Pedestrian Projects

5. Traffic Signal Projects

6. Storm Drain

7. Transit

1. ROAD CONSTRUCTION PROJECTS
When the cost of all projects, active or under consideration are totaled, the amount of funding available is exceeded. Therefore, some cannot be designed or constructed without allowing for the accrual of funds over a period of years. For this reason, Council re-prioritized road projects as part of the FY 2019/20 CIP meeting that included detailed discussions focused on available funding and impacts on the local street network from ongoing private development projects. As such, road project priorities now include:
 Olive Avenue Widening Project (Project R-000010)
Currently, the City’s primary road project. Due to the size and nature of the project as well as difficulties associated with the railroad crossing reviews, it has been split into four phases. Previously there were three phases; however, ensuring the improvements along Knox Street and Olive Avenue are in place in conjunction with or prior to construction of the new park at the southwest corner of Olive Avenue and Knox Street required splitting out yet another phase as described below:
 Phase 1: Demolition of existing structures with one building at 14th Street and E Street and two houses and a shed at Knox Street and Olive Avenue.

Status: Completed in 2020
 Phase 2: Installation of Utility Undergrounding. This phase will relocate the overhead utilities to underground facilities. Council award occurred on May 6, 2020.

Status: This phase is under construction, pending a new underground service feed to the UPRR signal cabinet. When that is complete, the overhead utilities will be removed.
 Phase 3: Road Widening along Knox Street from Neplus to Olive Avenue and along Olive Avenue on the eastbound approach to Knox Street, including new curb and gutter, and sidewalks. The traffic signal at the Olive Avenue and Knox Street intersection is included in this phase.

Status: Plans are nearly complete. Project is scheduled to advertise for construction in summer 2023.
 Phase 4: Road Widening, includes new curb and gutter, sidewalks, installation of storm drainage, sewer, and water lines, installation of a traffic signal at the Olive Avenue and Roosevelt Avenue intersection, and the upgrading of the existing traffic signal at Gateway Drive and Olive Avenue intersection. The plans for the project are substantially complete. Staff is continuing to collaborate with Union Pacific Railroad (UPRR) on receiving approvals for the crossing. Right of way and several permits are required for this work at the crossing, and a design change was necessary to meet current standards. Due to these necessary railroad approvals, the project is expected to be ready to advertise by early 2024.

Status: Pending UPRR approval.

Based on previous Council direction, this project replaced Lake Street Widening as a priority.
 Almond Avenue Widening from Pine Street to Stadium Road (Project R-000082) Based on previous Council direction, this represents the next road construction priority after Olive Avenue. About one-quarter of the project has been constructed through private construction of a subdivision. It is anticipated that the City will begin the design for the remainder of Almond Avenue in mid to late FY 2023/24 following the completion of a traffic study to identify road and intersection needs. The study will also address other traffic-related concerns associated with the existence of multiple schools located adjacent to Stadium Road. In addition to the street improvements, this project will also involve the acquisition of right of way and conversion of a Madera Irrigation District canal into a pipeline or box culvert. Construction is programmed for FY2025/26.  Clark Street Bridge (Project B-000006) *NEW*
Through the federal bridge funding program, the 2-lane timber bridge over the MID canal west of County Club Drive will be replaced with a standard box culvert with 2 12-foot lanes and 4-foot shoulders.
 Lake Street Widening from 4th Street to Cleveland Avenue (Project R-000046) This project was replaced in priority with the Olive Avenue project because of its significant right-of-way requirements. The additional right-of-way needed to construct the improvements resulted in significant additional costs and likely delays associated with acquisition of the multiple residential parcels. Lake Street remains a viable project and remains in the queue but has been moved into future years in the CIP.  Pine Street Reconstruction from Howard Road to 4th Street (Project R-000050) Originally planned to be constructed in conjunction with the 4th Street widening to the east of Pine Street, it was delayed as right-of-way questions with the UPRR became an impediment that would have delayed the more important widening of 4th Street.

While a probable solution had been identified to resolve the right of way issues along Pine Street, staff believes that reconstruction of a portion of the intersection of Howard Road and Pine Street would provide physical and operational improvements that may represent a logical initial step to improving traffic flow in the area. This solution may be included in the Almond Avenue project subject to available funding.

2. ROAD REHABILITATION PROJECTS
Rehabilitation projects near design completion with anticipated construction advertisement can be found on the map on Attachment 1 and are listed below:
 RMRA Seals/Overlays 2021-22 (R-000079)
 RMRA Seals/Overlays 2022-23 (R-000080)
 2022/23 City Streets 3R & ADA Project (R-000081)
Magnitude of Future projects will be subject to funding availability:
 RMRA Seals/Overlay 2023-24 (locations to be determined)  Annual 3R Investment as recommended from PMS, FY 2023/24 $5 million  Annual 3R Investment as recommended from PMS, FY 2024/25 $6 million  Annual 3R Investment as recommended from PMS, FY 2025/26 $6 million  Annual 3R Investment as recommended from PMS, FY 2026/27 $6 million  Annual 3R Investment as recommended from PMS, FY 2027/28 $6 million

3. ALLEY PAVING/SHOULDER PAVING
Alley paving and shoulder paving projects are beneficial in reducing dust emissions. See Attachment 3 for the location map of the alley paving and shoulder paving projects.

These projects have received CMAQ grant funding and are matched with local funds. Design is underway for the following shoulder paving projects:
 Raymond Road, north of Cleveland Avenue (Project R-00037)  Storey Road, east of SR 145 (Project R-00060)
 Pecan Avenue from Pine to Golden State Project (R-00067) The alley projects listed below are currently advertising for construction. Depending on the bids received and the ability to include add alternates, 13 to 16 alleys will be paved as part of the projects.
 Torres Way Alley Paving (Project ALY-0001)
 2021 Alley Paving Project (Project ALY-0003)

4. ACTIVE TRANSPORTATION AND COMPLETE STREETS– BICYCLE/PEDESTRIAN IMPROVEMENTS The CIP includes various pedestrian improvements around schools and commercial properties. These projects fill in gaps in sidewalks, improve curb ramps, and install traffic control devices to help improve pedestrian visibility for drivers. These projects include:
 Schnoor Avenue Sidewalk, from Sunset to Riverside (Project R-000058) Design is at approximately 60 percent. Construction is anticipated in FY 2023/24.  Washington School Sidewalks (Project R-000093)
The project consists of the installation of concrete sidewalks with ADA compliant corner ramps and drive approaches, clearing and grubbing, and relocation of power poles. The project is located on Lincoln Avenue, Dellavalle Avenue, and Austin Street north of George Washington Elementary School. Design is at approximately 60 percent. Construction is anticipated in FY 2023/24.
 Sidewalk, Bike Lanes, and Safety Improvements (Project R-000094) Associated with the Downtown Madera Veterans & Family Housing project funded through the Affordable Housing and Sustainable Communities (AHSC) grant. This project will install improvements at various locations such as bike lanes, sidewalks, stop sign flashers, rectangular rapid flashing beacon, curb ramps, and safety improvements. This project is nearing 60 percent design.
 Granada Pedestrian Bridge (Project B-00005)
This project will construct a bicycle and pedestrian bridge adjacent to the Granada Avenue Bridge crossing the Fresno River. Design and environmental work are scheduled to start late 2023 using Congestion Mitigation and Air Quality (CMAQ) allocated funds.  Caltrans Downtown Madera CAPM Project (Project R-000096) This project reserves the funds committed to the portion of the Caltrans project that provides additional enhancements such as wider sidewalks, landscaping, pedestrian safety equipment and enhanced crosswalks - $3 million. The downtown segment is part of a much larger project. It is in early design stages by a consultant and is scheduled for construction in 2025.

5. TRAFFIC SIGNAL PROJECTS
Traffic Signal projects moving forward include:
 Olive Avenue and Roosevelt Street Traffic Signal (Part of Project R-000010) Signals will be constructed at both locations as part of the Olive Avenue Road Widening project (R-000010) noted previously.
 Lake Street/4th Street/Central Avenue (Project R-000057) The project will begin acquiring right of way for a needed ADA compliant curb ramp.

Construction drawings are at the 90 percent stage and plans for the adjacent park will begin this year. Construction is anticipated in FY 2024/25.  D Street/South Street New Traffic Signal (Project TS-00032) Design is nearly complete. Upon authorization to proceed from Caltrans (due to funding), the project will be advertised for construction. Due to long lead time in materials, construction may not occur until 2024.
 Cleveland Avenue/Granada Drive New Traffic Signal (Project TS-00024) Design is nearly complete. Upon authorization to proceed from Caltrans (due to funding), the project will be advertised for construction. Due to long lead time in materials, construction may not occur until 2024.
 Lake Street and Sherwood Way (Project TS-00035)
This project was added as a project last year as it met warrants for signalization. Because it does not qualify for Development Impact Fees, it is to be funded with RSTP Exchange funds. A consultant has been retained through the on-call contract and the project is in the early design stages. Construction is anticipated in FY 2023/24.

6. STORM DRAIN
Funding for storm drainage improvements remains limited as the storm drain fee currently charged to users only covers operational costs. Without additional revenues, the certain identified capital improvement needs in storm drain will need to be delayed or cancelled altogether. Table 2 presents the Storm Drain 5-year Capital Improvement Plan, subject to funding available and successful grant applications.

Table 2: Storm Drain 5-year Capital Improvement Plan
Project
# Project Project Cost
Fiscal Year
23/24 24/25 25/26 26/27 27/28
SD-17 G St. Storm Drain
Line to Fresno River $1,531,500 $170,000 $1,361,500
SD-18 Sunset Pipeline -
rehabilitation MID
line
$3,593,500 $431,500 $3,162,000
SD-19 Howard Rd. Pipeline
to relieve HOPY
flooding
$8,146,850 $650,000 $277,600 $7,219,250
SD-20 Lake St. Pipeline,
Clark to Wessmith $175,000 $175,000
SD-21 Lake St. Pipeline, 80'
n/o Kennedy to
Clark
$180,000 $30,000 $150,000
Total $13,626,850 $1,081,500 $3,814,600 $7,369,250 $1,361,500

7. TRANSIT
 AHSC Transit Developments (Project Trans-10)
Project is funded from the Affordable Housing and Sustainable Communities (AHSC)Grant in connection with the Veteran’s Housing Project at 5th Street and C Street. Improvements include bus stops, bicycle racks, added features at the intermodal facility, technology enhancements and accessibility improvements.
 Madera Transit Operations Facility Charging Station (Project Trans-11) Replacement of conventional powered bus with an electric variant, as well as the installation of a new charging station and required infrastructure.  New Route Bus Shelter Implementation (Project Trans-__) *NEW* Relocate existing bus shelters and install new bus shelters at designated locations on the new transit routes.

GENERAL PLAN CONFORMITY:

Prior to the City Council's adoption of the annual CIP update, the California Government Code requires a determination that the CIP is in conformance with the City's General Plan. This determination is made by the Planning Commission. At a future meeting, upon presentation of the entire CIP, Staff will recommend Council’s direction that it be submitted to the Planning Commission.

FINANCIAL IMPACT:

Funding for the projects in the CIP comes from a variety of sources and typically does not rely on the General Fund. Attachment 6 lists all the contributing sources to these streets, active transportation, and multimodal projects. Each major category of improvements is associated with a different set of possible funding sources and several assumptions that include:
 Gas Tax and TDA transportation funding sources remain steady.  Measure T sunsets in 2027
 Some Transportation funding sources can be allocated to eligible storm drainage improvements
ALTERNATIVES:

Given the breadth of the projects contained in the CIP, the number of possible alternatives is significant. Council has the authority to adjust all aspects of the project priorities and schedules.

ATTACHMENTS:

1. Location Map – Major Construction Projects & Traffic Signals

2. Location Map – Reconstruction, Rehabilitation, and Restoration (3R) Projects

3. Location Map – Bike/Ped Projects

4. Location Map – Shoulder Paving/Alley Paving

5. Draft Capital Improvement Program FY 2023/24 to 2027/28 Project List

6. Draft Revenue Source Summary for Streets, Active Transportation, Multi-modal, and Storm Drainage
Attachment 1
Location Map – Major Construction Projects & Traffic Signals R-10 R-10 R-10
TS-35
TS-32
TS-24
TS-23
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

NEW CONSTRUCTION - ROAD PROJECTS - TRAFFIC SIGNAL
Legend
B-2
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City Limits

TRAFFIC SIGNAL

MODIFICATION

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Location Map – Reconstruction, Rehabilitation, and Restoration (3R) Projects Sources: Esri, HERE, Garmin, Intermap,
increment P Corp., GEBCO, USGS, FAO, NPS,
CITY STREET 3R PROJECTS
Legend
R-79
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RECONSTRUCTION

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Attachment 3
Location Map – Bike/Ped Projects
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

BIKE/PEDESTRIAN PROJECTS
Legend
Granada Ped Bridge
R-93 - Washington School Sidewalk
R-58 - Schnoor Sidewalk
R-94 - AHSC Sidewalk
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Location Map – Shoulder Paving/Alley Paving
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community

SHOULDER PAVING & ALLEY PAVING PROJECTS
Legend
R-37 - Raymond Rd
R-60 - Storey Rd
R-67 - Pecan Ave
ALY-01
ALY-03
ALY-01 - ADD ALTERNATE *
ALY-03 - ADD ALTERNATE *
City Limits
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Alleys subject to funding
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Attachment 5
Draft Capital Improvement Program
FY 2023/24 to 2027/28 Project List
Capital Improvement Program
City of Madera, California

PROJECTS BY CATEGORY
'23/'24 '27/'28 thru
Category Project # '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total Airport
AIP-0028 T-Hangar Development Phase 1 AIP-0028 0 1,071,000 1,071,000 AIP-0029 Tee Hangar Development Const-II AIP-0029 00000 0 AIP-0031 Apron & Taxiway Drainage AIP-0031 1,087,000 1,087,000 AIP-0034 Commercial Hangar Develp Extend-III AIP-0034 0 0 AIP-0040 RUNWAY 12-30 MILL AND FILL AIP-0040 297,000 3,213,000 3,510,000 AIP-0042 Taxiway Mill & Fill AIP-0042 297,000 297,000
AIP-0043 Airport Layout Plan AIP-0043 125,000 125,000
Airport Layout Plan Narrative AIP-0045 110,000 110,000
Airport Total 1,791,000 3,213,000 125,000 0 1,071,000 6,200,000 Alleys
ALY-0001 Torres Way Alley Paving ALY-0001 271,000 271,000 ALY-0003 2021 CMAQ Alley Paving Project ALY-0003 823,900 823,900 Alleys Total 1,094,900 1,094,900
Bike/Ped
B-000005 Granada Pedestrian Bridge B-000005 230,000 180,000 2,090,000 2,500,000 PK-00001 Ped/Bike Facilities PK-00001 145,643 39,000 40,000 50,000 50,000 324,643 PK-00048 Tulare/Cleveland/Raymond Bike Path PK-00048 19,325 315,000 334,325 PK-00056 Bike/Ped Path, FRT-Cleveland Ave PK-00056 45,000 339,000 384,000 PK-00058 FRT-Granada to MID, North Bank PK-00058 40,000 156,000 196,000 PK-00076 FRESNO RIVER TRAIL CLEANUP PK-00076 391,070 391,070 Bike/Ped Total 786,038 619,000 2,130,000 545,000 50,000 4,130,038 Bridges
B-000002 Westberry Bridge Construction B-000002 600,000 100,000 110,000 200,000 1,010,000 B-000004 BPMP Rehab/Repair of 3 Bridges B-000004 230,000 230,000 B-000006 CLARK STREET BRIDGE B-000006 70,000 583,000 653,000 Bridges Total 900,000 683,000 110,000 200,000 1,893,000 Designated for Funding
ENG A Federal/State-Local Match ENG A 80,000 80,000 80,000 80,000 320,000 ENG F CIP Engineering ENG F 581,360 593,000 611,000 629,000 648,000 3,062,360 SS-00000 Engineering Support for Sewer Projects SS-00000 28,500 28,500 28,500 28,500 28,500 142,500 W-000000 Engineering Support for Water Projects W-000000 28,500 28,500 28,500 28,500 28,500 142,500 Designated for Funding Total 638,360 730,000 748,000 766,000 785,000 3,667,360 Maintenance
PW-2022: PUBLIC WORKS STREETS DEPT. ACTIVITY PW-2022 2,116,500 2,180,000 2,245,500 1,532,400 1,579,000 9,653,400 RM-00001 Rtne Maint City Bridges Fresno RVR RM-00001 50,000 80,000 80,000 80,000 80,000 370,000 Capital Improvement Plan - FINAL FY22/23 Page 1 Wednesday, May 10, 2023 Category Project # '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total Maintenance Total 2,166,500 2,260,000 2,325,500 1,612,400 1,659,000 10,023,400 Storm Drain
SD-00017 G St Storm Drain Improvements SD-00017 118,410 51,590 1,361,500 1,531,500 SD-00018 Sunset Avenue Pipeline SD-00018 431,500 3,162,800 3,594,300 SD-00021 HOWARD ROAD STORM DRAIN PIPE SD-00021 927,600 7,219,250 8,146,850 SD-000997 NW Quad Storm Drain Improvement SD-000997 7,400,000 7,400,000 SD-000998 SE Quad Storm Drain Improvements SD-000998 17,500,000 17,500,000 SD-13-PX Retention Basin Land Acquisition SD-13-PX 70,000 40,000 40,000 40,000 190,000 SD-14-P11 Granada Dr/Ave 12.5 Retention Basin SD-14-P11 100,000 100,000 SD-15-P7 Ellis St/Krohn St Retention Basin SD-15-P7 100,000 100,000 Storm Drain Total 701,500 4,248,810 7,310,840 26,301,500 38,562,650 Street 3R
R-000032 UPPR Crossing - Street Approach R-000032 80,000 80,000 80,000 80,000 80,000 400,000 R-000081 2022-23 City Streets 3R & ADA Project R-000081 1,487,000 1,487,000 Street 3R Total 1,567,000 80,000 80,000 80,000 80,000 1,887,000 Street Construction
R-000010 Olive Ave Widening-Gateway to Knox R-000010 6,918,000 6,918,000 R-000046 Lake St Widening-Fourth to Cleveland R-000046 400,000 400,000 7,200,000 8,000,000 R-000054 Cleveland Ave Widen-Schnoor to SR99 R-000054 360,000 4,000,000 4,360,000 R-000057 Lake-Fourth-Central Intersection R-000057 1,157,000 15,500 1,172,500 R-000082 Almond Ave Extension - Pine to Stadium R-000082 345,000 200,000 6,100,000 6,645,000 R-000096 Caltrans Downtown Madera CAPM Project R-000096 3,000,000 3,000,000 Street Construction Total 8,420,000 3,975,500 6,500,000 11,200,000 30,095,500 Street Reconstruction
R-000050 Pine St Reconstr-Howard to Fourth St R-000050 50,000 540,000 590,000 R-000079 RMRA Seals/Overlays 2021-22 R-000079 2,300,000 2,300,000 R-000080 RMRA Seals/Overlays 2022-23 R-000080 2,100,000 2,100,000 Street Reconstruction Total 4,400,000 50,000 540,000 4,990,000 Street/Shoulder Paving
R-000037 Raymond Rd Shoulder-n/o Cleveland R-000037 208,600 208,600 R-000060 Storey Rd Shoulder Paving R-000060 405,450 405,450 R-000067 Pecan Ave Shoulder Paving R-000067 597,770 597,770 Street/Shoulder Paving Total 1,211,820 1,211,820
Street/Sidewalk
R-000041 Concrete Projects - Share Program R-000041 20,000 20,000 20,000 20,000 20,000 100,000 R-000058 Schnoor Ave Sidewalk-Sunset to River R-000058 269,800 269,800 R-000064 ADA Walkability Sidewalks Program R-000064 40,000 80,000 80,000 80,000 80,000 360,000 R-000093 Washington School Sidewalks CMAQ R-000093 423,050 423,050 R-000094 Sidewalk Improvements Var Locations R-000094 2,262,500 2,262,500 Street/Sidewalk Total 3,015,350 100,000 100,000 100,000 100,000 3,415,350 Study/Report
MUP-UDII Master Utility Plan Update, II MUP-UDII 1,050,000 1,050,000 R-000087 Almond/Pine/Stadium Traffic Study R-000087 120,000 120,000 Capital Improvement Plan - FINAL FY22/23 Page 2 Wednesday, May 10, 2023 Category Project # '23/'24 '24/'25 '25/'26 '26/'27 '27/'28 Total S-STDY-1 Sewer System Assess/Rehab S-STDY-1 140,563 140,563 S-STDY-2 Sewer Asset Mgmt Software S-STDY-2 75,000 75,000 S-VI-002 Sewer Main Video Inspection S-VI-002 695,000 150,000 150,000 150,000 150,000 1,295,000 W-STDY-2 Water System Condition Assess/Rehab W-STDY-2 296,000 296,000 W-STDY-3 Water Asset Mgmt Software W-STDY-3 150,000 150,000 Study/Report Total 1,251,563 1,425,000 150,000 150,000 150,000 3,126,563 Traffic Signal/Traffic Safety
TS-00022 4th St Traffic Signal Interconnect TS-00022 13,300 13,300 TS-00023 HOPYQ Intersection Traffic Signals TS-00023 203,000 203,000 TS-00024 Cleveland/Granada Dr Traffic Signal TS-00024 539,000 539,000 TS-00030 Miscellaneous Traffic Safety Items TS-00030 20,000 20,000 20,000 20,000 20,000 100,000 TS-00032 D St/South St Traffic Signal TS-00032 620,000 620,000 TS-00034 Granada Dr Pedestrian Improvements TS-00034 129,760 129,760 TS-00035 LAKE & SHERWOOD TRAFFIC SIGNAL TS-00035 662,000 662,000 Traffic Signal/Traffic Safety Total 2,187,060 20,000 20,000 20,000 20,000 2,267,060 Transit
Trans-10 AHSC Transit Developments Trans-10 796,000 796,000 TRANS-11 Transit Center Charging Station Project TRANS-11 579,785 579,785 Transit Total 796,000 579,785 1,375,785
Transportation Planning
ENG-000C Traffic Warrants ENG-000C 25,000 25,000 25,000 25,000 25,000 125,000 ENG-000G Micro-Paver Distress Survey ENG-000G 150,000 100,000 250,000 Transportation Planning Total 175,000 25,000 25,000 125,000 25,000 375,000 GRAND TOTAL 31,102,091 18,009,095 20,164,340 41,099,900 3,940,000 114,315,426 Capital Improvement Plan - FINAL FY22/23 Page 3 Wednesday, May 10, 2023 Attachment 6
Draft Revenue Source Summary
for
Streets, Active Transportation, Multi-modal, and Storm Drainage Capital Improvement Program
City of Madera, California

REVENUE SOURCES SUMMARY
'23/'24 '27/'28 thru
Source '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
AHSC Grant (STI): 40210000
Revenue
AHSC Funds 2,262,500 0 0 0 0
AHSC Grant (STI): 40210000 Total 2,262,500 0 0 0 0
AHSC Grant (TRA): 40210000
Revenue
AHSC Allocation 566,000 0 0 0 0
AHSC Grant (TRA): 40210000 Total 566,000 00 00
Airport Fund Balance: 20503510-7030
Revenue
Airport Development Funding 313,335 56,430 125,000 0 60,255 Airport Fund Balance: 20503510-7030 313,335 56,430 125,000 0 60,255 Total
BPMP: 41705730
Revenue
BPMP ALLOCATION 150,800 516,130 0 0 0
BPMP: 41705730 Total 150,800 516,130 0 0 0
Caltrans Aeronautic Grant: 20503510-
Revenue
Caltrans Aeronautic Grant Funds 133,650 144,585 0 0 46,845 Caltrans Aeronautic Grant: 20503510- 133,650 144,585 0 0 46,845 4419 Total
CMAQ - Parks: 41705030
Revenue
CMAQ Funds 0 275,000 415,000 0 0
CMAQ - Parks: 41705030 Total 0 275,000 415,000 0 0
CMAQ - Streets: 41705070
Revenue
CMAQ Funds 3,593,216 676,785 1,839,000 0 0
CMAQ - Streets: 41705070 Total 3,593,216 676,785 1,839,000 0 0 Capital Improvement Plan - FINAL FY22/23 Page 1 Wednesday, May 10, 2023 I
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I
I
I
I
Source '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
DIF:4093 Transportation Impact Fee
Revenue
Commercial 3,796 7,000 7,000 0 7,000
Industrial 45,417 5,345 5,345 0 5,345
Residential 186,185 156,454 156,454 0 156,454
DIF:4093 Transportation Impact Fee 235,398 168,799 168,799 0 168,799 Total
DIF:4095 Median Island Impact Fee
Revenue
Commercial 2,228 3,760 3,760 3,760 3,760
Residential 79,664 112,358 61,978 61,978 61,978
DIF:4095 Median Island Impact Fee Total 81,892 116,118 65,738 65,738 65,738 DIF:4096 Arterial/Collector St. Impact
Revenue
Commercial 7,880 14,120 14,120 14,120 14,120
Residential 286,721 227,408 227,408 227,408 227,408
DIF:4096 Arterial/Collector St. Impact 294,601 241,528 241,528 241,528 241,528 Fee Total
DIF:4097 Traffic Signal Impact Fee
Revenue
Residential 49,786 55,920 55,920 111,840 0
Commercial 1,404 3,490 3,490 6,980 0
DIF:4097 Traffic Signal Impact Fee Total 51,190 59,410 59,410 118,820 0 DIF:4098 Traffic Special Impact Fee
Revenue
Interest/Other 2,000 2,000 2,000 2,000 2,000
DIF:4098 Traffic Special Impact Fee 2,000 2,000 2,000 2,000 2,000 Total
DIF:4104 Drainage System Existing A
Revenue
Commercial 14,162 56,415 56,415 56,415 56,415
Industrial 122,411 28,170 28,170 28,170 28,170
Residential 89,220 95,415 95,415 95,415 95,415
DIF:4104 Drainage System Existing Area 225,793 180,000 180,000 180,000 180,000 Impact Fee Total
DIF:4105 Storm Drain NW Quadrant
Revenue
Commercial 0 2,165 2,165 2,165 2,165
Residential 0 37,835 37,835 37,835 37,835
DIF:4105 Storm Drain NW Quadrant 0 40,000 40,000 40,000 40,000 Impact Fee Total
Capital Improvement Plan - FINAL FY22/23 Page 2 Wednesday, May 10, 2023 I
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I
I
Source '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
DIF:4106 Storm Drain NE Quadrant I
Revenue
Commercial 2,913 0 0 0 0
Residential 36,542 4,300 4,300 4,300 4,300
DIF:4106 Storm Drain NE Quadrant 39,455 4,300 4,300 4,300 4,300 Impact Fee Total
DIF:4107 Storm Drain SW Quadrant I
Revenue
Residential 2,500 7,300 7,300 7,300 7,300
DIF:4107 Storm Drain SW Quadrant 2,500 7,300 7,300 7,300 7,300 Impact Fee Total
DIF:4108 Storm Drain SE Quadrant I
Revenue
Residential 4,500 4,500 4,500 4,500 4,500
DIF:4108 Storm Drain SE Quadrant 4,500 4,500 4,500 4,500 4,500 Impact Fee Total
FTA Section 5307 - Operations: 21229
Revenue
Federal Grant - 5307 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 FTA Section 5307 - Operations: 21229 1,400,000 1,400,000 1,400,000 1,400,000 1,400,000 Total
Gas Tax - HUTA: 41303310
Revenue
Section 2103 652,460 717,706 789,476 868,424 955,266
Section 2106 155,655 171,220 188,342 207,176 227,894
Section 2107 518,963 570,859 627,945 690,739 759,813
Section 2107.5 7,500 7,500 7,500 7,500 7,500
Section 2105 432,061 475,267 522,793 575,073 632,580
Gas Tax - HUTA: 41303310 Total 1,766,639 1,942,552 2,136,056 2,348,912 2,583,053 Gas Tax - LPP: 41305424
Revenue
LPP Revenue 334,000 0 308,000 0 0
Gas Tax - LPP: 41305424 Total 334,000 0 308,000 0 0
Gas Tax - RMRA: 41303310-4444
Revenue
RMRA Funds 1,627,655 1,665,074 1,763,313 1,867,348 1,870,000 Gas Tax - RMRA: 41303310-4444 Total 1,627,655 1,665,074 1,763,313 1,867,348 1,870,000 H.R. 133 COVID-19 Relief Funds (CR
Revenue
H.R. 133 COVID-19 Relief Funds 303,000 0 0 0 0
H.R. 133 COVID-19 Relief Funds 303,000 00 00
(CRRSAA) Total
Capital Improvement Plan - FINAL FY22/23 Page 3 Wednesday, May 10, 2023 I
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I
Source '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
LCTOP Transit System: 21229-350
Revenue
LCTOP Grant 552,907 0 0 0 0
LCTOP Transit System: 21229-350 Total 552,907 00 00
LTF - Parks: 42005410
Revenue
Pedestrian/Bike; Article 3 62,383 54,600 54,600 54,600 54,600 LTF - Parks: 42005410 Total 62,383 54,600 54,600 54,600 54,600 LTF - Streets: 42005330
Revenue
Local Transportation Funds; Article 3, 4, 8 (less RT 3,025,555 2,650,000 2,650,000 2,650,000 2,650,000 Pedestrian/Bike Allocation; Article 3 (62,383) (54,600) (54,600) (54,600) (54,600) Transit Allocation (735,573) (811,000) (850,000) (850,000) (850,000) LTF - Streets: 42005330 Total 2,227,599 1,784,400 1,745,400 1,745,400 1,745,400 LTF - Transit: 42005493
Revenue
Transit Operations 735,573 811,000 850,000 850,000 850,000 LTF - Transit: 42005493 Total 735,573 811,000 850,000 850,000 850,000 Measure T - Environmental Enhancem
Revenue
Environmental Enhancement Bike/Sidewalks 133,864 130,000 130,000 130,000 0 Measure T - Environmental 133,864 130,000 130,000 130,000 0 Enhancement: 41570000 Total
Measure T - Flex: 41580000
Revenue
Measure T Flex 0 60,000 0 0 0
Measure T - Flex: 41580000 Total 0 60,000 0 0 0
Measure T - LTP ADA: 41540000
Revenue
Measure T/ADA 33,466 34,000 34,000 34,000 0
Measure T - LTP ADA: 41540000 Total 33,466 34,000 34,000 34,000 0 Measure T - LTP Street Maintenance:

Revenue
LTP-Street Maintenance 870,120 870,000 870,000 870,000 0 Measure T - LTP Street Maintenance: 870,120 870,000 870,000 870,000 0 41520000 Total
Measure T - LTP Supplemental Street
Revenue
LTP Supplemental Street Maintenance 586,000 580,000 580,000 580,000 0 Measure T - LTP Supplemental Street 586,000 580,000 580,000 580,000 0 Mai: 41530000 Total
Capital Improvement Plan - FINAL FY22/23 Page 4 Wednesday, May 10, 2023 I
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Source '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
Measure T - RTP/3R: 41514470
Revenue
Measure T- RTP 1,673,500 1,673,000 1,673,000 1,673,000 0 Measure T - RTP/3R: 41514470 Total 1,673,500 1,673,000 1,673,000 1,673,000 0 Measure T - Tier 1: 41590000
Revenue
REVENUE 0 0 0 4,000,000 0
Measure T - Tier 1: 41590000 Total 0 0 0 4,000,000 0
Measure T - Transit Enhan. Sr.: 41560
Revenue
Transit Enhancement/ADA 11,378 11,500 11,500 11,500 0
Measure T - Transit Enhan. Sr.: 11,378 11,500 11,500 11,500 0 41560000 Total
Measure T - Transit Enhan.: 41550000
Revenue
Measure T - Transit Enhancement 122,478 122,500 122,500 122,500 0 Measure T - Transit Enhan.: 41550000 122,478 122,500 122,500 122,500 0 Total
RSTP Federal Exchange: 41315320
Revenue
5230-8429 RSTP-Fed. Exch. 792,000 792,000 800,000 800,000 800,000 RSTP Federal Exchange: 41315320 Total 792,000 792,000 800,000 800,000 800,000 SJVAPCD - Remove II Grant: 413054
Revenue
SJAPCD - Remove II Grant Funds 13,300 0 0 0 0
SJVAPCD - Remove II Grant: 41305422 13,300 0 0 0 0
Total
State Transit Assistance: 21229
Revenue
City - STA 21228-330 806,100 700,000 700,000 700,000 700,000 State Transit Assistance: 21229 Total 806,100 700,000 700,000 700,000 700,000 Storm Drain Capital Outlay: 45003040
Revenue
Revenue 00000
Storm Drain Capital Outlay: 45003040 0 00 00
Total

UNDETERMINED
Revenue
No Revenues 00000
UNDETERMINED Total 0 00 00
Capital Improvement Plan - FINAL FY22/23 Page 5 Wednesday, May 10, 2023 I
I
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I
I
I
I
I
Source '23/'24 '24/'25 '25/'26 '26/'27 '27/'28
Grand Total 22,008,792 15,123,511 16,330,944 17,851,446 10,824,318 Capital Improvement Plan - FINAL FY22/23 Page 6 Wednesday, May 10, 2023

Minutes of a Regular Meeting of the Madera City Council April 5, 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: 879 0131 0546#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

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

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Elsa Mejia, District 5 (Arrived at 6:03 p.m.) 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 (Zoom), City Engineer Keith Helmuth, Chief Building Official Rafael Magallan, Community Development Director Will Tackett, Financial Services Manager Anthony Forestiere, 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, Chief of Police Dino Lawson, Interim Public Works Director Jamie Hickman, Assistant Engineer Jonathan Gramajo and Communication Specialist Joseph Carrello.

INVOCATION: Councilmember Anita Evans
PLEDGE OF ALLEGIANCE: Councilmember Gallegos
Mayor Garcia skipped to Public Comment and heard the first comment. He then addressed the approval of the agenda.

APPROVAL OF AGENDA:

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

NONE.

PUBLIC COMMENT:

Speakers will be asked, but are not required, to identify themselves and state the subject of their Item: B-1
Minutes for: 04/05/2023
Adopted: 05/17/2023
City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 2 of 8
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.

Pam Grewal representing Madera American Little League stated that they are fundraising utilizing the Madera Municipal Golf Course and just found out that the City of Madera owns the golf course. Ms.

Grewal asked Council for a reduction in rental fees of the golf course so that they can put that money back into the community. She handed flyers regarding the fundraiser to City Clerk Alicia Gonzales for distribution to Council. Ms. Grewal indicated that she can be reached regarding her request by using the contact information on the flyer.

Arturo Martinez, Jr. introduced himself as a District Representative currently filling in for Joyce Dale in the office of Senator Anna M. Caballero. He asked Council to contact him if they had any questions. He handed business cards to City Clerk Alicia Gonzales for distribution to Council.

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

WRITTEN COMMUNICATIONS: None
PRESENTATIONS: None
INTRODUCTIONS: 1. Rafael Magallan, Chief Building Official A. WORKSHOP: None
B. CONSENT CALENDAR:

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

ABSENT: NONE. ABSTAIN: NONE.

B-1 Minutes – February 1, 2023, and February 8, 2023
Recommendation: Approve the City Council Minutes of February 1, 2023, and February 8, 2023 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for March 4, 2023 – March 24, 2023 (Report by Anthony Forestiere)
B-3 Second Reading and Adoption of an Ordinance Updating Prima Facie Speed Limits on Designated City Streets
Recommendation: Waive the Full Reading and Adopt an Ordinance Amending Section 3-

5.08 of Chapter 5 of Title 3 of the Madera Municipal Code to Update Prima Facie Speed Limits on City Streets (Report by Keith Helmuth) ORD 997 C.S. 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 City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 3 of 8

MUNICIPAL CODE RELATING TO INCREASING STATE SPEED LIMIT IN

CERTAIN ZONES
B-4 Designation of Applicant’s Agents for Federal Disaster Assistance and Grant Assistance Recommendation: Adopt a Resolution Designating the City Manager, Director of Financial Services, Director of Human Resources, and Administrative Analyst (Human Resources) to act as Applicant’s Agents on behalf of the City of Madera with the California Governor’s Office of Emergency Services for a period of three years from the date of approval (Report by Wendy Silva) RES 23-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, DESIGNATING APPLICANT'S AGENTS TO ACT ON BEHALF OF THE CITY OF MADERA WITH THE CALIFORNIA GOVERNOR’S OFFICE OF

EMERGENCY SERVICES
B-5 Consideration of a Request by Filogonio Santiago and Isabel Perez for Connection to the City’s Water System
Recommendation: Adopt a Resolution Approving an Agreement for Outside City Limits Water Connection for 26475 and 26479 Ellis Street (APN 038-070-010) (Report by Keith Helmuth)
RES 23-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 26475 ELLIS STREET AND 26479 ELLIS STREET (APN 038-070-010)
B-6 Letter of Support for Valley Children’s Hospital
Recommendation: As the Letter of Support was provided at the time of request, this report is for informational purposes only; therefore, no action is being requested of Council (Report by Arnoldo Rodriguez)
B-7 California Department of Resources Recycling and Recovery (CalRecycle) Tire Amnesty Grant Application
Recommendation: Adopt a Resolution Authorizing the submittal of grant applications to CalRecycle for the Local Government Waste Tire Amnesty Grant Program for a period of five years (Report by Dino Lawson)
RES 23-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA AUTHORIZING THE SUBMITTAL OF GRANT APPLICATIONS TO

CALRECYCLE FOR THE LOCAL GOVERNMENT WASTE TIRE AMNESTY

GRANT FOR A PERIOD OF FIVE YEARS
C. PUBLIC HEARINGS:

C-1 Public Hearing on the Community Development Block Grant (CDBG) 2023-2024 Annual Action Plan Funding Allocation
Recommendation: Conduct the Public Hearing and, by Motion, Approve Tentative Allocations for the CDBG 2023/24 Action Plan in the amount of $981,730 plus the reallocation of $242,761.46 to Capital Projects/Public Improvements (Report by Anthony Forestiere)
City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 4 of 8

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

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER EVANS, ITEM C-1 ADMINISTRATION TABLE 1 WITH ALLOTTED MAXIMUM WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM C-1 PUBLIC SERVICES TABLE 3 TO INCLUDE $25,000 TO REALTORS WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE.

Mayor Garcia called for a short recess at 7:32 p.m. Meeting reconvened at 7:39 p.m.

C-2 Initiation of Proceedings for the Annexation of the 22-S-02/TSM 2017-02 Subdivision into Community Facilities District No. 2005-1
Recommendation: Adopt a Resolution Declaring Its Intention to Annex Territory (22-S02/TSM 2017-02 Subdivision) to Community Facilities District (CFD) No. 2005-1 (Public Services), to Authorize the Levy of Special Tax Therein, and Setting Public Hearing (Annexation 14) (Report by Will Tackett)

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

NONE. ABSTAIN: NONE.

RES 23-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY (22-S-02 /TSM 2017-02 SUBDIVISION) TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES), TO AUTHORIZE THE

LEVY OF SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 14)
C-3 Repeal of Outdated Section 10-3.419 of the Madera Municipal Code, Telecommunications Towers, Antennas and Structures (OTA 2022-02)
Recommendation: Conduct a Public Hearing, Waive Full Reading, and Introduce Regulatory Ordinance (i) Repealing Section 10-3.419 of Title X, Chapter 3 of the Madera Municipal Code Relating to Telecommunications Towers, Antennas and Structures and (ii) Finding the Ordinance is not a Project Subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, and alternatively, exempt from CEQA under CEQA Guidelines 15061(b)(3)(Common Sense) (Report by Will Tackett)

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

ABSENT: NONE. ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 5 of 8
C-4 The Arc Fresno/Madera Counties Project General Plan Amendment (GPA 2022-03), Prezone, (REZ 2022-02), Annexation (ANX 2022-03), and Negative Declaration (ENV 2022-03) Recommendation Conduct a public hearing and then consider the following:

1. Adoption of a Resolution adopting ENV 2022-03 (Negative Declaration) and approving GPA 2022-03 for The Arc Fresno/Madera Counties Project; and

2. Waive full reading and introduce an Ordinance of the City Council approving REZ 2022-02 amending the official City of Madera Zoning Map to prezone the approximately 242 acres “Arc Annexation Area” generally bound by Martin Avenue on the north, North D Street on the East, Adell and Ellis Streets on the south, and the existing United States Bureau of Reclamation Canal and Road 26 (Report by Will Tackett)

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

ABSTAIN: NONE.

RES 23-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING ENV 2022-03 (NEGATIVE DECLARATION) AND APPROVING GPA 2022-03

FOR THE ARC FRESNO/MADERA COUNTIES PROJECT
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Submittal of a Grant Application to the San Joaquin Valley Air Pollution Control District (SJVAPCD) for the purchase of a new Type 1 Fire Engine
Recommendation: Adopt a Resolution Approving the Fire Department to Apply for a Grant to Purchase a new Type 1 Fire Engine (Report by Justin Macomb)

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

ABSTAIN: NONE.

RES 23-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING MADERA CITY FIRE TO APPLY FOR A SAN

JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT EMERGENCY

VEHICLE REPLACEMENT GRANT AND AUTHORIZING THE CITY MANAGER

TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF MADERA
D-2 Amendment to City Manager At-Will Employment Agreement Recommendation: This report has been prepared at the direction of the City Council (Council); therefore, there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a Fourth Amendment to the City Manager At-Will Employment Agreement (Report by Wendy Silva)

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

NONE. ABSTAIN: NONE.

City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 6 of 8
RES 23-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A FOURTH AMENDMENT TO THE CITY MANAGER AT-WILL

EMPLOYMENT AGREEMENT
D-3 Approval of Additional National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS
Recommendation: 1. Approve Settlement Agreements and Participation Forms for the City’s participation in the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS.

2. Approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS.

3. Adopt a Resolution approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal thereof as necessary, as it pertains to these and all future settlements (as necessary and applicable) through the National Opioid Settlements process.

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

ABSTAIN: NONE.

RES 23-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING THE CITY OF MADERA TO ENTER INTO THE

MASTER SETTLEMENT AGREEMENTS WITH CVS, ALLERGAN, TEVA,

WALMART, AND WALGREENS (INCLUDING THE RELATED PARTICIPATION AGREEMENTS); AGREE TO THE TERMS OF THE RELATED STATESUBDIVISION AGREEMENTS AND AUTHORIZE ENTRY INTO THE RELATED

STATE-SUBDIVISION ALLOCATION AGREEMENTS WITH THE ATTORNEY GENERAL; AND AUTHORIZING THE CITY MANAGER TO CARRY OUT

FURTHER RELATED ACTS
E. ADMINISTRATIVE REPORTS:

E-1 Informational Report on the City’s Cannabis Program Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Will Tackett) E-2 Rental Housing Inspection Program Update
Recommendation: This report is submitted for informational purposes only, and no action is requested from the City Council (Report by Dino Lawson) E-3 Emergency Repairs to Avenue 13 Sewer Trunk Main at Granada Drive – Update #5 Recommendation: This report is submitted for informational purposes only, and no action is requested from the City Council (Report by Keith Helmuth) City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 7 of 8
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Councilmember Gallegos commended Parks and Community Services Director Joseph Hebert and Police Chief Dino Lawson on a successful Easter event. She thanked the Planning Commissioners for attending the League of California Cities Conference. Councilmember Gallegos stated she attended a Madera County Board Meeting and it was difficult to follow the Zooming, so she thanked City Manager Arnoldo Rodriguez and staff for making the City of Madera Council meetings more accessible for residents and viewers. Councilmember Gallegos reminded everyone in attendance of the upcoming Relay for Life event in May. She asked the public to partner with the City in reporting illegal activities occurring at parks and around town, such as graffiti and vandalism.

Councilmember Montes thanked the American Little League for inviting him to participate in their opening day. He expressed appreciation for the Parks and Community Services Department who hosted a very successful Community Cleanup Day event. He also mentioned other events such as Stop the Hate and the Madera Police Officers Association’s Easter Egg Hunt. Councilmember Montes asked for an update on PLHA (Permanent Local Housing Allocation) activities being facilitated by the City in response to securing low-income housing.

Councilmember Rodriguez stated there was nothing to report.

Councilmember Evans thanked the Engineering Department for the new stop sign on Lake Street and Sherwood Way, near James Monroe Elementary. She mentioned her enjoyment in attending the recent event honoring Dolores Huerta. She and Councilmember Villegas traveled to Washington D.C. to represent the City at the NAHRO (National Association of Housing and Redevelopment Officials) Conference.

Mayor Pro Tem Mejia mentioned attending an event hosted by the Consulate of Mexico, honoring former Mexican President Benito Juarez Garcia. She thanked the Parks and Community Services Department for their involvement in a mobile healthcare clinic event that served more than 70 residents with medical, dental and acupuncture services. She mentioned local small businesses, El Patron and Jill & Jill for providing food for this event and encouraged the public to continue to support small business owners. Mayor Pro Tem Mejia mentioned other events such as Stop the Hate and the event honoring Dolores Huerta. She asked her fellow Councilmembers to support a bill that was recently introduced by State Senator Maria Elena Durazo that would allow undocumented workers who are currently paying taxes and are ineligible for unemployment due to their immigration status, to apply for these benefits should they lose their job. Staff was instructed to agendize this item for Council’s discussion. She announced the upcoming Salt of the Earth event taking place at Madera Community college which aims to raise money to create a public education center in Madera.

Councilmember Villegas mentioned his participation in the NAHRO Conference in Washington D.C. He mentioned his enjoyment in being invited to attend a local soccer tournament.

Mayor Garcia stated that he also attended the Little Leagues’ opening ceremonies. He highlighted Assemblywoman Esmerelda Soria for inviting the Women of the Year recipients at City of Madera City Council Minutes
205 W. 4th Street April 5, 2023
Madera, CA 93637 Page 8 of 8
the Madera Municipal Golf Course. He mentioned attending events honoring Dolores Huerta and Cesar Chavez as well as the Easter Egg Hunt hosted by the Madera Police Department.

Mayor Garcia highlighted Madera County programs involving public health that are open to the community such the Mobile Health Vans that offer services such as diabetes checks, blood pressure, COVID vaccinations and a Suicide Prevention class on how to apply NARCAN in cases of overdose.

G. CLOSED SESSION: None
ADJOURNMENT: Meeting was adjourned at 9:20 p.m.

UPCOMING MEETING DATES:
 Wednesday, April 19, 2023
 Wednesday, May 3, 2023

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: B-2
Department Director
_________________________________
City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for April 22, 2023 to May 5, 2023 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of April 22, 2023 to May 5, 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 36227 – 36332 $1,065,351.34
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $620,779.31
SDI EDD $2,256.93
CalPERS Payment CalPERS $800.00
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 36227 04/25/2023 PW ADMIN AIRPORT OPS SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 347.82 $ 36227 04/25/2023 PW ADMIN CENTRAL ADMIN SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 3,683.20 $ 36227 04/25/2023 PW ADMIN COMM & REC SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 7,219.13 $ 36227 04/25/2023 PW ADMIN ENGINEERING SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 2,655.00 $ 36227 04/25/2023 PW ADMIN FINANCE SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 219.87 $ 36227 04/25/2023 PW ADMIN INTERMODAL BLDG SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 526.23 $ 36227 04/25/2023 PW ADMIN SEWER OPS SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 679.37 $ 36227 04/25/2023 PW ADMIN SOLID WASTE SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 679.37 $ 36227 04/25/2023 PW ADMIN UB - GARBAGE SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 219.87 $ 36227 04/25/2023 PW ADMIN UB - SEWER SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 219.87 $ 36227 04/25/2023 PW ADMIN UB - WATER SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 439.76 $ 36227 04/25/2023 PW ADMIN WATER QUALITY SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 219.84 $ 36227 04/25/2023 PW ADMIN WWTP SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 979.48 $ 36227 04/25/2023 PW ADMIN MEAS K - PD SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 589.52 $ 36227 04/25/2023 PW ADMIN MADERA TRANSIT SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 1,757.30 $ 36227 04/25/2023 PW ADMIN PDOPS SERVICEMASTER BY J&C BROWN 04/23 JANITORIAL SERVICES 4,276.13 $ 36228 04/25/2023 HR PD OPS BIANCHI, BRANDON TUITION REIMBURSEMENT 918.00 $ 36229 04/25/2023 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING TINY TIKES - SPORT SHIRTS 333.68 $ 36229 04/25/2023 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING TINY TIKES - BASKETBALL SHIRTS 324.75 $ 36229 04/25/2023 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING ADULT BASKETBALL PRIZES 247.35 $ 36230 04/25/2023 PD OPS PD OPS SANTOYO, ADRIAN PER DIEM - BASIC SWAT WEEK 1 396.75 $ 36230 04/25/2023 PD OPS PD OPS SANTOYO, ADRIAN PER DIEM - BASIC SWAT WEEK 2 396.75 $ 36231 04/25/2023 CITY CLERK CITY CLERK GENERAL LOGISTICS SYSTEMS US INC OVERNIGHT MAIL - CITY ATTORNEY 8.41 $ 36232 04/25/2023 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 81.99 $ 36232 04/25/2023 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 77.63 $ 36232 04/25/2023 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 270.36 $ 36232 04/25/2023 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 364.88 $ 36232 04/25/2023 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 229.10 $ 36232 04/25/2023 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 131.09 $ 36232 04/25/2023 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 377.76 $ 36232 04/25/2023 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 275.42 $ 36232 04/25/2023 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 795.56 $ 36232 04/25/2023 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 193.89 $ 36232 04/25/2023 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 254.93 $ 36232 04/25/2023 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 156.89 $ 36232 04/25/2023 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 434.90 $ 36232 04/25/2023 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 160.76 $ 36232 04/25/2023 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 72.66 $

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - UNION BANK GENERAL ACCOUNT May 17, 2023

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36232 04/25/2023 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 532.21 $ 36232 04/25/2023 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 613.92 $ 36232 04/25/2023 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 3,065.67 $ 36232 04/25/2023 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 2,573.85 $ 36232 04/25/2023 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 2,063.47 $ 36232 04/25/2023 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 1,441.11 $ 36232 04/25/2023 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 1,386.79 $ 36232 04/25/2023 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 749.04 $ 36232 04/25/2023 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 2,003.50 $ 36232 04/25/2023 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 1,477.38 $ 36232 04/25/2023 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 2,961.51 $ 36232 04/25/2023 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 2,486.92 $ 36232 04/25/2023 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 2,694.55 $ 36232 04/25/2023 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 2,262.73 $ 36232 04/25/2023 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 1,774.21 $ 36232 04/25/2023 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 1,041.76 $ 36232 04/25/2023 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 346.50 $ 36232 04/25/2023 FINANCE WATER QUALITY VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 326.70 $ 36232 04/25/2023 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 251.42 $ 36232 04/25/2023 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 03/16/23-03/31/23 7,682.58 $ 36232 04/25/2023 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES - 04/01/23-04/15/23 6,767.05 $ 36232 04/25/2023 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP - BULK PROPANE 4,645.32 $ 36233 04/25/2023 FACILITIES FACILITIES MAINT CENTRAL COATING COMPANY, INC. ROOF REPAIR - MILLVIEW ROTARY COMPLEX 561.00 $ 36234 04/25/2023 INFO SERVICES COMPUTER MAINT KNOWBE4, INC. SECURITY SOFTWARE TRAINING 346.71 $ 36235 04/25/2023 GRANTS CDBG PUBLIC SVC OLIVE CHARITABLE ORGANIZATION CDBG 22-23 PROGRAM YEAR 22 Q3 INVOICE 8,489.03 $ 36236 04/25/2023 PD OPS PD OPS VIDEGAIN, ALICIA PER DIEM - POST MGMT #23-9 SESSION #3 351.80 $ 36237 04/25/2023 FINANCE AIRPORT OPS PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 145.10 $ 36237 04/25/2023 FINANCE CENTRAL ADMIN PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 149.25 $ 36237 04/25/2023 FINANCE COMM & REC PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 858.75 $ 36237 04/25/2023 FINANCE COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 20.25 $ 36237 04/25/2023 FINANCE ENGINEERING PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 108.75 $ 36237 04/25/2023 FINANCE FACILITIES MAINT PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 500.76 $ 36237 04/25/2023 FINANCE FLEET MAINT PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 715.65 $ 36237 04/25/2023 FINANCE PARKS PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 777.05 $ 36237 04/25/2023 FINANCE STREETS PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 1,205.45 $ 36237 04/25/2023 FINANCE SEWER OPS PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 356.80 $ 36237 04/25/2023 FINANCE UB - WATER PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 49.75 $ 36237 04/25/2023 FINANCE WATER OPS PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 699.90 $ 36237 04/25/2023 FINANCE WATER QUALITY PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 219.55 $ 36237 04/25/2023 FINANCE WWTP PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 681.45 $ 36237 04/25/2023 FINANCE PD OPS PRUDENTIAL OVERALL SUPPLY 03/23 UNIFORM SERVICES 149.00 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36238 04/25/2023 WATER OPS WATER OPS AMERICAN WATER WORKS ASSOCIATION AWWA MEMBERSHIP 4,571.00 $ 36239 04/25/2023 ENGINEERING TRANS IMPACT FEE CORNERSTONE STRUCTURAL ENGINEERING GROUP B-02 DESIGN SERVICES FOR WESTBERRY BRIDGE 67,649.14 $ 36240 04/25/2023 PARKS SR CITIZEN COMM MADERA COUNTY FOOD BANK FOOD PRODUCTS 113.00 $ 36241 04/25/2023 GRANTS HOME DAP BACKOWSKI LAW GROUP, PC LEGAL SERVICES - 2084.002 560.50 $ 36241 04/25/2023 GRANTS HOME DAP BACKOWSKI LAW GROUP, PC LEGAL SERVICES - 2084.003 678.50 $ 36242 04/25/2023 PD OPS PD OPS NICHOLAS CARRILLO PER DIEM - BASIC SWAT WEEK 1 396.75 $ 36242 04/25/2023 PD OPS PD OPS NICHOLAS CARRILLO PER DIEM - BASIC SWAT WEEK 2 396.75 $ 36243 04/25/2023 WATER QUALITY WATER QUALITY DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING 570.00 $ 36244 04/25/2023 FINANCE PD OPS AT&T 03/23 FIRSTNET SVS 287302965625 5,036.03 $ 36245 04/25/2023 ENGINEERING LTF- STREETS ALERT-O-LITE MESSAGE BOARD RENTAL 1,562.49 $ 36246 04/25/2023 INFO SERVICES COMPUTER MAINT CDW GOVERNMENT, INC MICROSOFT ANNUAL LICENSING 98,547.82 $ 36247 04/25/2023 FACILITIES FACILITIES MAINT CALIFORNIA CLIMATE CONTROL, INC. HVAC MAINTENANCE - PD SERVER ROOM 222.66 $ 36248 04/25/2023 FINANCE PD OPS COMCAST 04/23 SVS 8155500320092096 175.86 $ 36249 04/25/2023 GRANTS CDBG PUBLIC SVC COMMUNITY ACTION PRTNRSHP OF MADERA CDBG CARES HOUSING STABILIZATION PROGRAM CV3 1,639.01 $ 36249 04/25/2023 GRANTS CDBG PUBLIC SVC COMMUNITY ACTION PRTNRSHP OF MADERA CDBG 22/23 Q2 RAPID REHOUSING 10/22-12/22 559.94 $ 36249 04/25/2023 GRANTS CDBG PUBLIC SVC COMMUNITY ACTION PRTNRSHP OF MADERA CDBG 22/23 Q2 FMCOC 10/22-12/22 1,286.50 $ 36249 04/25/2023 HR CDBG PUBLIC SVC COMMUNITY ACTION PRTNRSHP OF MADERA CDBG CARES HOUSING STABILIZATION PROGRAM CV3 3,907.96 $ 36250 04/25/2023 INFO SERVICES LTF - STREETS DLT SOLUTIONS, INC. AUTOCAD LICENSE RENEWAL 6,986.06 $ 36251 04/25/2023 CITY ADMIN COMMUNITY PROMO ECONOMIC DEVELOPMENT COMMISSION 3RD QTR 22/23 EDC CONTRIBUTION 44,857.25 $ 36252 04/25/2023 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 04/01/23-04/15/2023 17,260.00 $ 36253 04/25/2023 FINANCE WATER CONSERV CITY OF MADERA TOILET REBATE - 9916545 400.00 $ 36254 04/25/2023 PD OPS ANIMAL CONTROL MADERA COUNTY ANIMAL SERVICES FY 22/23 10 OF 12 13,781.25 $ 36255 04/25/2023 GRANTS CDBG PUBLIC SVC MADERA RESCUE MISSION, INC. CDBG 22/23 3RD QTR 9,506.88 $ 36256 04/25/2023 BUILDING BUILDING MADERA TRIBUNE PUBLIC HEARING NOTICE - BUILDING CODE 455.00 $ 36256 04/25/2023 CITY CLERK CITY CLERK MADERA TRIBUNE PUBLICATION OF ORDINANCE 997 CS 201.50 $ 36256 04/25/2023 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE 1,189.50 $ 36257 04/25/2023 WWTP WWTP METTLER TOLEDO, INC. EQUIPMENT MAINTENANCE & CALIBRATIONS 807.52 $ 36258 04/25/2023 ENGINEERING AFFORDABLE HOUSING O'DELL ENGINEERING, INC. DESIGN SVS - SIDEWALK IMPROVEMENT 33,139.75 $ 36258 04/25/2023 PARKS ADMIN PARKS O'DELL ENGINEERING, INC. PARKS DESIGN SERVICES - OLIVE PARK 4,845.19 $ 36259 04/25/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 5207933925-6 57.89 $ 36259 04/25/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 9787342989-4 123.98 $ 36259 04/25/2023 FINANCE PARKS PACIFIC GAS & ELECTRIC 03/23 SERVICE 8675479583-8 43.81 $ 36260 04/25/2023 PLANNING PLANNING QUAD-KNOPF ENGINEERING PROFESSIONAL CONSULTING SERVICES 13,353.10 $ 36261 04/25/2023 FACILITIES COMPUTER MAINT SOUTHERN COMPUTER WAREHOUSE MONITORS 3,009.44 $ 36262 04/25/2023 GRANTS MADERA TRANSIT TECH. MASTER PEST MANAGEMENT SQUIRREL CONTROL - TRANSIT 150.00 $ 36263 04/25/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 50.00 $ 36263 04/25/2023 PARKS PARKS OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 56.25 $ 36264 04/25/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 50.00 $ 36264 04/25/2023 PARKS PARKS OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 115.00 $ 36265 04/25/2023 PARKS GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 50.00 $ 36266 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 10000668 40.41 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36267 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9922756 189.59 $ 36268 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9922835 257.12 $ 36269 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9920897 767.95 $ 36270 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB 1172001 525 S D 221.65 $ 36271 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9923016 107.21 $ 36272 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9905031 273.89 $ 36273 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9915918 138.05 $ 36274 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 8191003 226.29 $ 36275 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9922010 109.98 $ 36276 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 8797095 250.10 $ 36277 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9923512 143.61 $ 36278 04/25/2023 FINANCE WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 152.09 $ 36279 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9198035 112.16 $ 36280 04/25/2023 UB - WATER SOLID WASTE OTP- UB REFUNDS UB TERM REFUND 9918668 152.32 $ 36281 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9918654 99.39 $ 36282 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9918654 54.45 $ 36283 04/25/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9915908 128.86 $ 36284 05/01/2023 PD OPS PD OPS KER'S GAS & LUBE, INC. 03/23 PD CAR WASHES 185.00 $ 36285 05/01/2023 PW ADMIN WATER QUALITY MENDOZA, MARTIN PER DIEM - CRWA DIST CERTIFICATION REVIEW 96.00 $ 36286 05/01/2023 PARKS ADMIN PARKS FUENTES CONCRETE INC LTC SUNKEN CONCRETE 35,050.00 $ 36287 05/01/2023 FINANCE PAYROLL TRUST CA DEPARTMENT OF CHILD SUPPORT CHILD SUPPORT DEDUCTIONS FOR 04/28/23 PAYROLL 1,092.78 $ 36288 05/01/2023 PARKS ADMIN SPORTS PROGRAMS J & D MANUFACTURING T-BALL SHIRTS - COACH 182.67 $ 36289 05/01/2023 PD OPS MEAS K - PD DIEBERTS CREATIVE COPY INC BUSINESS CARDS - PD 113.66 $ 36290 05/01/2023 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES 4,000.00 $ 36291 05/01/2023 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC REUSABLE TUB - MEDICAL WASTE 366.99 $ 36292 05/01/2023 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - BULK DIESEL 2,236.06 $ 36292 05/01/2023 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - 03/16/23-03/31/23 647.57 $ 36292 05/01/2023 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - 04/01/23-04/15/23 326.34 $ 36293 05/01/2023 HR CITY CLERK SIJ HOLDINGS LLC RECRUITMENT ADS & PUBLICATION OF ORD 996 CS 462.84 $ 36293 05/01/2023 HR HR/RISK MGT SIJ HOLDINGS LLC RECRUITMENT ADS & PUBLICATION OF ORD 996 CS 3,369.75 $ 36294 05/01/2023 PW ADMIN WATER QUALITY BACKFLOW SOLUTIONS INC ANNUAL BSI ONLINE SUBSCRIPTION 495.00 $ 36295 05/01/2023 PD OPS CODE ENF O&E TRANSPORTATION LLC RIVER CLEAN UP 25,300.00 $ 36296 05/01/2023 FINANCE FINANCE BRENDA MENDEZ PER DIEM - TYLER CONNECT 2023 224.00 $ 36297 05/01/2023 PARKS PARKS 3M FENCE LTC SUNKEN CONCRETE 1,275.06 $ 36298 05/01/2023 FINANCE COMM & REC AT&T 03/23 CALNET 3 SVS 9391026396 258.64 $ 36298 05/01/2023 FINANCE MEAS K - FIRE AT&T 03/23 CALNET 3 SVS 9391068734 49.40 $ 36298 05/01/2023 FINANCE SEWER OPS AT&T 04/23 CALNET 3 SVS 9391031570 196.20 $ 36298 05/01/2023 FINANCE SR CITIZEN COMM AT&T 03/23 CALNET 3 SVS 9391026398 23.19 $ 36298 05/01/2023 FINANCE SR CITIZEN COMM AT&T 03/23 CALNET 3 SVS 9391026403 25.92 $ 36298 05/01/2023 FINANCE PD OPS AT&T 04/23 CALNET 3 SVS 9391020514 154.88 $ 36298 05/01/2023 FINANCE PD OPS AT&T 03/23 CALNET 3 SVS 9391059143 2,502.21 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36298 05/01/2023 FINANCE PD OPS AT&T 03/23 CALNET 3 SVS 9391026401 23.18 $ 36299 05/01/2023 WATER QUALITY WATER QUALITY BSK ASSOCIATES PFAS SAMPLING 1,135.00 $ 36300 05/01/2023 ENGINEERING AFFORDABLE HOUSING BUSH ENGINEERING, INC. R-94 -SAFETY IMPROVE-GEORGE WASHINGTON SCHOOL 3,971.38 $ 36301 05/01/2023 ENGINEERING ENGINEERING CA SURVEYING AND DRAFTING SUPPLY PLOTTER PAPER 124.94 $ 36302 05/01/2023 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 04/28/2023 PAYROLL 911.08 $ 36303 05/01/2023 FINANCE COMPUTER MAINT COMCAST 04/23 SVS 8155500320322006 88.13 $ 36304 05/01/2023 PW ADMIN FACILITIES MAINT DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 $ 36304 05/01/2023 PW ADMIN STREETS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 $ 36304 05/01/2023 PW ADMIN SEWER OPS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 $ 36304 05/01/2023 PW ADMIN WATER OPS DIAMOND COMMUNICATIONS SECURITY ALARM MONITORING - PW 63.75 $ 36305 05/01/2023 ENGINEERING ENGINEERING FEDERAL EXPRESS EXPRESS SHIPPING 39.76 $ 36306 05/01/2023 FIRE MEAS K - FIRE L.N. CURTIS & SONS NEW ENGINE #57 39,335.33 $ 36307 05/01/2023 HR INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL FEES 5,076.50 $ 36308 05/01/2023 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE - 6725051 175.00 $ 36308 05/01/2023 FINANCE WATER CONSERV CITY OF MADERA MULCH REBATE - 9924650 175.00 $ 36309 05/01/2023 FINANCE PAYROLL TRUST M.C.E.A. 04/23 MONTHLY DUES 300.00 $ 36310 05/01/2023 FINANCE PD OPS MADERA COUNTY TREASURER 03/23 COUNTY'S PORTION OF PARKING PENALTIES PAID 143.00 $ 36311 05/01/2023 FINANCE PAYROLL TRUST M P O A 04/23 MONTHLY DUES 6,513.92 $ 36312 05/01/2023 HR HR/RISK MGT MADERA TRIBUNE JOB ADVERSTISEMENT - DISPATCHER 68.40 $ 36312 05/01/2023 PW ADMIN WATER QUALITY MADERA TRIBUNE REQUEST FOR PROPOSALS - RFP 202223-13 139.75 $ 36313 05/01/2023 PW ADMIN STREETS MID VALLEY DISPOSAL INC. WASTE DISPOSAL 4,113.68 $ 36314 05/01/2023 PD OPS PD OPS OCCU-MED, LTD. EXAM SERVICES 838.00 $ 36315 05/01/2023 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 95.59 $ 36315 05/01/2023 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 (2,053.55) $ 36315 05/01/2023 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 3,089.29 $ 36315 05/01/2023 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 1,165.02 $ 36315 05/01/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 6690755760-8 91.69 $ 36315 05/01/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 04/23 SERVICE 1619119913-8 107.02 $ 36315 05/01/2023 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 30,826.23 $ 36315 05/01/2023 FINANCE FIRE PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 3,544.53 $ 36315 05/01/2023 FINANCE INTERMODAL BLDG PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 1,223.62 $ 36315 05/01/2023 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 176.96 $ 36315 05/01/2023 FINANCE PARKS PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 7,152.71 $ 36315 05/01/2023 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 2,381.88 $ 36315 05/01/2023 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 354.21 $ 36315 05/01/2023 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 134.71 $ 36315 05/01/2023 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 100,305.64 $ 36315 05/01/2023 FINANCE WWTP PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 131.77 $ 36315 05/01/2023 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 10.51 $ 36315 05/01/2023 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 32.55 $ 36315 05/01/2023 FINANCE ZONE 20B ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 22.86 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36315 05/01/2023 FINANCE ZONE 27B ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 11.63 $ 36315 05/01/2023 FINANCE ZONE 2 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 56.58 $ 36315 05/01/2023 FINANCE ZONE 3 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 43.15 $ 36315 05/01/2023 FINANCE ZONE 31B ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 32.55 $ 36315 05/01/2023 FINANCE ZONE 4 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 11.76 $ 36315 05/01/2023 FINANCE ZONE 6A ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 67.98 $ 36315 05/01/2023 FINANCE ZONE 29C ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 11.78 $ 36315 05/01/2023 FINANCE ZONE 8 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 70.33 $ 36315 05/01/2023 FINANCE ZONE 16 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 24.07 $ 36315 05/01/2023 FINANCE ZONE 13 ACTIVITIES PACIFIC GAS & ELECTRIC 03/23 SERVICE 3533032414-2 128.98 $ 36316 05/01/2023 PARKS ADMIN PARKS PARK ASSOCIATES MILLVIEW PLAYGROUND REPLACEMENT PARTS 16,123.80 $ 36317 05/01/2023 FINANCE FINANCE PHOENIX GROUP INFO SYS 03/23 CITATIONS 295.52 $ 36318 05/01/2023 PD OPS MEAS K - PD PROFORCE MISC PD EQUIPMENT 1,888.52 $ 36318 05/01/2023 PD OPS MEAS K - PD PROFORCE FIREARMS 669.84 $ 36319 05/01/2023 ENGINEERING WATER CAPITAL OUTLAY PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES 992.40 $ 36320 05/01/2023 CITY ADMIN HR/RISK MGT SILVA, WENDY PER DIEM - TYLER CONNECT 2023 224.00 $ 36321 05/01/2023 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 04/28/23 PAYROLL 25.00 $ 36322 05/01/2023 PD OPS PD OPS TRUKKI, MARK PER DIEM - POST MGMT COURSE #23-10 SESSION 2 351.50 $ 36323 05/01/2023 GRANTS MADERA TRANSIT VILLA GARDENING SERVICE INC 03/23 LAWN SERVICE - TRANSIT 500.00 $ 36323 05/01/2023 GRANTS MADERA TRANSIT VILLA GARDENING SERVICE INC 04/23 LAWN SERVICE - TRANSIT 500.00 $ 36324 05/01/2023 FINANCE BUILDING VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 103.76 $ 36324 05/01/2023 FINANCE CITY COUNCIL VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 38.01 $ 36324 05/01/2023 FINANCE FACILITIES MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 51.88 $ 36324 05/01/2023 FINANCE FIRE VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 152.04 $ 36324 05/01/2023 FINANCE FLEET MAINT VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 1.59 $ 36324 05/01/2023 FINANCE HR/RISK MGT VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 38.01 $ 36324 05/01/2023 FINANCE PARKS VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 1.59 $ 36324 05/01/2023 FINANCE PLANNING VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 51.88 $ 36324 05/01/2023 FINANCE STREETS VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 15.09 $ 36324 05/01/2023 FINANCE SEWER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 1.59 $ 36324 05/01/2023 FINANCE STREET CLEANING VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 1.59 $ 36324 05/01/2023 FINANCE WATER OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 151.17 $ 36324 05/01/2023 FINANCE WATER QUALITY VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 38.01 $ 36324 05/01/2023 FINANCE WWTP VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 75.58 $ 36324 05/01/2023 FINANCE PD OPS VERIZON WIRELESS CITY CELL PHONE CHARGES 03/11/23-04/10/23 494.21 $ 36325 05/01/2023 PW ADMIN WATER CONSERV OTP- REBATES TURF REPLACEMENT REBATE 2,690.00 $ 36326 05/01/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9896855 10.83 $ 36327 05/01/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9915726 3.95 $ 36328 05/01/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9921194 161.81 $ 36329 05/01/2023 FINANCE WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 152.12 $ 36330 05/01/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9907486 300.35 $

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 36331 05/01/2023 FINANCE WATER FUND OTP- UB REFUNDS DEPOSIT FROM MAIS TO MUNIS 174.64 $ 36332 05/01/2023 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 9896356 173.37 $ 245 04/26/2023 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/18/2023 305.32 $ 246 04/26/2023 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC PLAN #302351 CONTRIBS FOR 04/25/23 PAYROLL 1,201.66 $ 247 05/03/2023 FINANCE INS/RISK MGT NPC-ORCHARD TRUST COMPANY PLAN #340227-01 CARES & SECURE AMENDMENT 325.00 $ 248 05/03/2023 FINANCE PAYROLL TRUST MISSION SQUARE - 302351 PLAN #302351 CONTRIBS FOR 04/14/23 PAYROLL 31,648.65 $ 249 05/03/2023 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 04/14/2023 PAYROLL 9,742.80 $ 250 05/03/2023 FINANCE WWTP BOND ADMIN BANK OF NEW YORK MELLON 2015 WASTEWATER REV REF BOND PMT 230,305.83 $ 251 05/05/2023 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 04/28/2023 718.56 $ 252 05/05/2023 FINANCE PAYROLL TRUST MID-MGMT EMPLOYEE GROUP 04/23 MONTHLY DUES 2,307.50 $ 253 05/05/2023 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 05/01/2023 405.00 $ 254 05/05/2023 FINANCE FINANCE CALPERS UNFUNDED ACCRUED LIABILITY CONTRIBUTION 800.00 $ 255 05/05/2023 FINANCE PAYROLL TRUST MISSION SQUARE - 302351 PLAN #302351 CONTRIBS FOR 04/28/23 PAYROLL 31,286.25 $ BANK #1 - UNION BANK GENERAL ACCOUNT TOTAL $ 1,065,351.34

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Personnel Activity
RECOMMENDATION:

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

SUMMARY:

The purpose of this report is to provide the Council a monthly informational update on employment matters, including new hires, transfers, and terminations.

DISCUSSION:

The Civil Service Commission (Commission) met May 2, 2023, and approved eligibility listsfor the following:
▪ Wastewater Treatment Plant Operator-in-Training
▪ Animal Control Officer
▪ Police Officer Trainee
The following employees began employment with the City since our last report.

Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Jonathan Rivera Park Aide Parks & Community
Services
PT 4/24/23
Michael Lima Director of Financial
Services
Finance FT 4/24/23
B-3
Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Ismael Hernandez Public Works Operations
Director
Public Works FT 4/24/23
Joshua Parker Payroll Specialist Finance FT 5/8/23
Oscar Calderon Park Aide Parks & Community
Services
PT 5/8/23
Veronica Duran Park Aide Parks & Community
Services
PT 5/8/23
Jeremy McCool Police Officer Trainee Police FT 5/8/23
*Status: PT = Part Time, FT = Full Time
The following promotions, transfers, or assignment changes occurred since our last report.

Table 2: Promotions, Transfers, or Assignment Changes
Name Old Position New Position Effective
Date
Liliana Camacho Administrative Assistant Program Manager – Grants 4/24/23 David Huff Program Manager – Grants
(full time)
Program Manager – Grants
(part time) 4/24/23
Jamie Hickman Interim Public Works
Operations Director
Streets & Storm Drainage
Operations Manager
4/24/23
Javier Valdez
Streets & Storm Drainage
Operations Manager (out-ofclass assignment)
Streets & Storm Drainage
Supervisor 4/24/23
The following employees separated from employment since our last report.

Table 3: Separations
Name Position Department Status* Effective
Date
Leslie Duran Program Leader I Parks & Community
Services PT 12/11/22
Carmen Iribe Program Leader I Parks & Community
Services PT 12/17/22
Table 3: Separations, continued
Name Position Department Status* Effective
Date
Adam Garcia Animal Control Officer Police FT 4/15/23
Raul Erigio Construction Inspector
I
Engineering FT 4/19/23
Damian Avila Police Officer Trainee Police FT 4/25/23
Mark Souders Information Services
Manager Information Services FT 4/28/23
Ruth Padilla
Neighborhood
Preservation Specialist
I
Police – Code
Enforcement FT 5/5/23
*Status: PT = Part Time, FT = Full Time
FINANCIAL IMPACT:

Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

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

Acceptance of payment from City’s own insurance pool for water damage to the Frank Bergon Senior Center
RECOMMENDATION:

Adopt a Minute Order accepting an insurance payment from the City’s own insurance pool for water damage repairs to the Frank Bergon Senior Center in the amount of $39,824.31 SUMMARY:

On October 10, 2022, City of Madera (City) Parks and Community Services (PCS) staff entered the Frank Bergon Senior Center and observed the facility to have flooded from an internal water source. Public Works Facilities Division (Facilities) staff investigated and found the source of the flooding inside the janitorial closet. Various contractors were required to clean up the water damage, test for mold and asbestos, and refurbish areas of the building that were damaged. The total cost of repairs was $44,824.31. The City filed an insurance claim against GuideOne, the insurance provider for the City’s janitorial contractor, Service Master. GuideOne denied the City’s claim so the City filed a property claim with the City’s property insurance program to receive funds for the extensive loss, less the City’s $5,000 self-insured retention. The requested action finalizes the insurance claim the City made against the City’s property insurance program. The City’s insurance is currently pursuing subrogation from GuideOne.

DISCUSSION:

Service Master is the City’s contracted janitorial service provider for City facilities. Service Master is responsible for cleaning which includes sweeping, mopping, cleaning of restrooms, emptying of trash receptacles, and other janitorial tasks. The company typically services City facilities during the evening hours while most, if not all, City personnel are not on site.

Council Meeting of: May 17, 2023
Agenda Number: _______ B-4
The Frank Bergon Senior Center has a security alarm that is monitored by a third-party alarm service. The alarm keeps track of when the building is armed and disarmed. Certain personnel are assigned codes to be able to arm and disarm the building. The system recognizes who is arming and disarming the system by these codes. According to the alarm log, during the evening of Thursday, October 6, 2022, Service Master disarmed the alarm (entered the building) at 9:09 pm and exited the building (armed) at 9:29 pm. The next entry shows that Service Master entered the Frank Bergon Senior Center on Friday, October 7, 2022 at 11:45 pm and exited at 11:49 pm (just 4 minutes later). The next entry on the alarm log is on Monday, October 10, 2022 at 9:17 am by PCS staff. At this time, staff became aware of the water damage and Facilities was notified of the damage. The pertinent alarm log entries can be seen in Figure 1 below.

Staff investigated the incident in order to identify the source of the water flooding. Staff looked inside the janitor’s closet and located a sink with a hose attached to the spout. The hose from the spout was resting inside a mop bucket that was brimming with water. The water to the Senior Center was turned off when Facilities staff was investigating, but when the water was turned back on, the water from the janitor’s closet sink began to overflow from the mop bucket. Staff does not know who turned off the water to the facility, but suspects that an unknown party may have noticed water flowing from the building and shut off the water at the exterior of the building. The overflowing mop bucket can be seen in Figure 2 below.

Figure 1. Mop bucket inside janitor’s closet full of water and hose from sink resting inside.

Water flooded throughout the building and likely reached several inches in height in some areas based on the water damage left behind. Various contractors were required to dry out the building, clean carpets, test for hazardous materials like asbestos and mold, and to refurbish areas of the building that were damaged. In total, the City incurred $44,824.31 in repair invoices from outside contractors. See the following three photos documenting the water damage.

Figure 2. Photos of standing water.

The City filed an insurance claim against GuideOne, the insurance provider for Service Master.

Despite the City’s efforts of providing relevant information, including evidence showing Service Master personnel were the last people in the building prior to the discovery of the flooding incident to GuideOne, they denied the City’s claim. The City filed a property claim with the City’s own property insurance program to receive funds for the extensive loss.

The City participates in the Alliant Property Insurance Program (APIP) through Alliant Insurance Services. This program has a $100,000 deductible for scheduled property losses. Additionally, the City participates in the Central San Joaquin Valley Risk Management Authority (CSJVRMA) pooled property program, which provides coverage for scheduled property up to $100,000, less a $5,000 self-insured retention. The damages experienced at the Frank Bergon Senior Center fall within coverage of the CSJVRMA pooled property program. The breakdown of the City’s insurance claim shown in Table 1:

Table 1. Insurance Calculation
Water Remediation (extraction and carpet cleaning) $10,539.22 Mold/Asbestos Testing and Abatement $10,379.48
Reconstruction/Restoration $23,905.61
Subtotal $44,824.31
Less City’s Self-Insured Retention -$5,000
Net Payment to City from Insurance $39,824.31
The City has received the insurance payment in the amount of $39,824.31 from the CSJVRMA pooled property program to reimburse the PCS Department for expenditures related to the water remediation and repairs.

The City’s insurance is actively seeking subrogation from GuideOne based on the position that Service Master was liable for the damages caused to the Frank Bergon Senior Center. If the City’s insurance is able to recover funds, the insurance pool will be repaid first, and then any additional funds would go to the City toward the $5,000 self-insured retention.

FINANCIAL IMPACT:

The insurance proceeds will reimburse the PCS Department for expenditures related to the remediation and repair of water damages caused by the incident, less the City’s $5,000 selfinsured retention. Attempts will be made to recover the $5,000 self-insured retention, though the outcome is uncertain at this time.

ALTERNATIVES:

Council could direct staff to return the insurance proceeds.

ATTACHMENTS:

None.

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

Outside City Limits Water Connection for 16385 North D Street (APN 038-082-002) RECOMMENDATION:

Adopt a resolution approving an agreement between the City and Carol D. Moore, Carl Armentrout, and Terry Armentrout for connection to the City’s water system SUMMARY:

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

If approved by Council, an Agreement for Outside City Limits Water Connection would be recorded against the subject parcel on the title.

DISCUSSION:

The property owners, Carol D. Moore, Carl Armentrout, and Terry Armentrout, have an existing single-family residence on a 0.33-acre parcel located on the southeast intersection of North D and Ellis Streets. The subject site is directly east of the Omni Subdivision which is actively being developed.

The property owners have requested that they be allowed to connect to the existing 14-inch City water main in North D Street and have declared their request urgent as the property has a failing well. Without potable water, they would likely need bottled water or pay for water service delivered to the property.

It is noted that a one-inch water line would be installed and metered, similar to all new residential City connections. In addition, the owners would be required to remit Development Impact Fees (DIF) of $845 and a payback fee for half the value of the 8-inch component of the 14-inch water main. They would then be charged fixed and volumetric charges (i.e., consumption-based) similar Council Meeting of: May 17, 2023
Agenda Number: ____________
B-5
to existing customers. Similar to existing customers, the property owners would bear all expenses.

It is further noted that the City has recently approved several other similar requests in this area, including:

1. Two requests on North D Street, northeast of the site

2. Two requests on Country Club Drive, southwest of the site

3. One request on Ellis Street, west of D Street

LOCAL AGENCY FORMATION COMMISSION
Given that the subject site is outside of the City Limits, LAFCO review is required. On May 1, 2023, LAFCO approved the request. The City requires an Agreement to be recorded regarding terms and conditions for subject services and the Owners’ covenant not to protest annexation.

FINANCIAL IMPACT:

Approving this request for outside City Limits water connection imposes no additional expense to the City, Water Enterprise Fund, or the General Fund, as the property owners pay all costs associated with the physical construction of the water lateral and meter. In addition, the property owners would pay single-family residential Development Impact Fees, also known as DIF, for both structures.

ALTERNATIVES:

Council may deny the request or may seek clarifying information. Should the request be denied, the residents may face hardships and have to seek other alternatives.

ATTACHMENTS:

1. Location Map

2. Resolution
Exhibit A – Agreement
Attachment 1
Location Map
16385 N D Street
COUNTYtlF MADERA
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Attachment 2
Resolution
RESOLUTION NO. 23-_____

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

CALIFORNIA, APPROVING AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16385 NORTH D STREET (APN 038-082-002)
WHEREAS, Carol D. Moore, Carl Armentrout, and Terry Armentrout own the property located at 16385 North D Street (collectively “Property”) and desire to connect the Property to the City water system; and
WHEREAS, the property is located in the unincorporated territory of the County of Madera; and
WHEREAS, the City Council is willing to authorize the said connection to the City’s water system, subject to certain conditions; and
WHEREAS, all costs to connect to the City water system will be borne by the Property owner.

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

1. The above recitals are true and correct.

2. The Council approves the Agreement for Outside City Limits Water Connection for 16385 North D Street (APN 038-082-002), attached to this resolution as Exhibit A and incorporated by reference.

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

4. Staff is hereby directed to record the Agreement.

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

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MADERA
205 W. 4TH STREET
MADERA, CA 93637
Presented for Recordation by the City of Madera
Fee Waived Per Sections 27383 & 27388.1(a)(2)(D) of the Government Code………No Fee Due Address: 16385 N D Street, Madera, California
APN: 038-082-002

AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION
FOR 16385 N D STREET (APN 038-082-002)
This AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16385 N D Street (“Agreement”), is made and entered into this ____ day of ____________, 2023, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “CITY”, and CAROL D. MOORE, CARL ARMENTROUT AND TERRY ARMENTROUT, hereinafter called “OWNER”.

RECITALS
A. OWNER is the record owner of that certain real property located at 16385 N D Street, in the County of Madera, California and more particularly described below.

B. The Property consists of 0.33 acres, more or less, located on the southeast corner of D and Ellis Streets, known as 16385 N D Street, in the unincorporated territory of Madera County (the “Subject Property”).

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

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

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

1. Authority to Connect to City Water. CITY hereby authorizes OWNER to connect to the 14-inch water main on D Street to serve one dwelling on the Subject Property located at 16385 N D Street, which property is more particularly described as follows:

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

THE LAND REFERED TO HEREIN IS DESCRIBED AS FOLLOWS:

THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF MADERA, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS, TO WIT:

ALL THAT PORTION OF LOT 156 IN SECTION 12, TOWNSHIP 11 SOUTH, RANGE 17 EAST, M.D.B.&M., ACCORDING TO THAT CERTIAN MAP DESIGNATED AS "MAP OF MILLER & LUX'S

SUBDIVISION OF LANDS AT MADERA, FILED AND RECORDED IN THE COUNTY RECORDER OF THE COUNTY OF MADERA, STATE OF CALIFORNIA, FEBRUARY 2, 1895, IN VOL. 1 OF MAPS, AT PAGE 11, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:

BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 156, THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF 126.68 FEET; THENCE SOUTHERLY AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT A DISTANCE OF 165.80 FEET: THENCE WESTERLY AND PARALLEL WITH THE NORTH LINE OF SAID LOT A DISTANCE OF 126.68 FEET TO THE WEST LINE OF SAID LOT AND CENTER LINE OF 80 FOOT ROAD: THENCE NORTHERLY 165.80 FEET ALONG

SAID CENTER LINE OF SAID ROAD AND WEST LINE OF SAID LOT TO THE NORTHWESTERLY CORNER THEREOF AND POINT OF BEGINNING.

APN: 038-082-002

2. Payment of Fees. Prior to any such water connection, APPLICANT shall pay to CITY water impact fees which total $845.00. Impact fees are based on one single family residence on the parcel. Any additional development on the Subject Property will be subject to additional CITY impact fees. OWNERS shall also pay to CITY connection, permit, inspection or other fees as required, and 50% of the cost to install the 8-inch component of the 14-inch water main located in D Street, in the amount of $3,120.00. On and after connection of OWNERS’ property to the CITY water system, OWNER shall pay to CITY the monthly water service charges as determined by the Director of Finance.

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

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

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

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

TO OWNER: CAROL MOORE ET AL
16385 N D St
Madera, CA 93638
TO CITY: CITY OF MADERA
Attn: City Manager
205 W. 4th Street
Madera, CA 93637
These addresses may be changed by written notice to the other party, provided that no notice of a change of address shall be effective until actual receipt by the parties of the notice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CITY OF MADERA OWNERS
By: ___________________________ By: ___________________________ Keith B. Helmuth, City Engineer Carol D. Moore
By: ___________________________ By: ___________________________ Santos Garcia, Mayor Carl Armentrout
By: ___________________________
Terry Armentrout
ATTEST:

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

By: ____________________________
Hilda Cantú Montoy, City Attorney

ATTACH NOTARY ACKNOWLEDGEMENT

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

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 for 30 days.

SUMMARY:

On January 18, 2023, the Council adopted a resolution supporting a Madera County Proclamation of the existence of a local emergency due to the closure of Madera Community Hospital (MCH) and formalizing the City’s stance on the local emergency. Furthermore, the approval of the Resolution demonstrates support for any requests for state and federal funding to reopen MCH or for alternative healthcare options for the residents of Madera. Legislative bodies are required by the Office of Emergency Services to approve a Resolution to extend the state of emergency every 30 days until termination. Council last approved a Resolution extending this State of Emergency on April 19, 2023.

BACKGROUND:

During a Public Comment portion of the August 3, 2022, Council meeting, Madera Community Hospital (MCH) informed the Council of the financial hardship it faced as a result of operating during the COVID-19 pandemic and requested $1 million in American Rescue Plan Act (ARPA) to allow continued operations while its affiliation with St. Agnes Medical Center/Trinity Health was under consideration with the State Attorney General. MCH accrued millions of dollars in debt due to labor cost inflation, costly treatment, and shouldering the cost of intensive care services for COVID-19 cases. The Hospital attributes the years of accumulated liability to its high census of Medi-Cal patients and low reimbursement rates.

Subsequently, at Council’s direction, relief funding was revisited for further consideration on September 21, 2022, where MCH provided additional details that justified the request for $1 B-6
million in ARPA funds. Considering that 100 percent of ARPA funds received by the City were previously allocated to the City’s Sewer and Water Enterprise Funds for public infrastructure projects to lower utility rates, and that any reallocation of monies would not sustain a long-term solution for MCH, the Council elected to sponsor the MCH/Trinity Health affiliation with a Letter of Support in lieu of reallocating ARPA funding.

In the interim, City Staff facilitated meetings with MCH and local, regional, and state officials to identify alternative funding options MCH may either apply for or be entitled to, which included:
 MCH was owed $23 million from the State to which Senator Caballero’s office is intervening to expedite these funds.
 If additional funding was not received, MCH had funding to operate until mi November.  The requested allocation of $1 million from the City would have allowed the hospital to operate for an additional 1-2 weeks.
 Potential Federal Emergency Management Agency (FEMA) funding for COVID relief had not been previously sought by MCH when these funds were made available for application. Congressman Jim Costa’s office recommended that MCH urgently apply, as the Hospital had not tapped into this funding source.
 $5 million in state funding secured by Assemblyman Bigelow and Senator Caballero for immediate debt relief.
 MCH received a loan of $15 million from Trinity Health to ensure continued operations while the merger was under consideration.

MCH entered into discussions of an affiliation agreement with Trinity Health/St. Agnes Medical Center to alleviate its financial burden and to provide continuity of care for its patients. Under State law, the affiliation agreement was subject to the California Attorney General’s approval.

Attorney General Rob Bonta conditionally approved the agreement; however, based on the conditions set forth, Trinity Health Corporation elected to abandon the affiliation, causing MCH to cease operations and close its facilities indefinitely.

Upon this decision, MCH advised their agency partners that they would file for Chapter 11 bankruptcy. The Hospital’s closure leaves approximately 160,000 Madera County residents and surrounding communities without full-service healthcare facilities, including a 24-hour emergency room, surgical facilities, radiology services, and inpatient critical care. Specifically, the closure of MCH poses numerous challenges to the delivery of public health services to the community. These include, but are not limited to, the following:

1. Mandated services to the medically indigent;

2. Medical facility for 72-hour crisis holds for adults and children;

3. Delays in response times for Emergency Medical Services Personnel;

4. Strain to surrounding healthcare facilities and increased patient volume;

5. Rerouting of local law enforcement from other matters of public safety to health-care related emergencies;

6. Overall negative impact on health outcomes for all residents.

In response to the immediate risk to public health and safety, Council adopted a resolution supporting the County’s declaration of a Local State of Emergency and authorized City resources and staff time for a partnership with Madera County to evaluate potential healthcare options. As required by the California Office of Emergency Services (OES), declarations of local emergencies must be approved by Resolution every 30 days until terminated. Due to the absence of a fullservice hospital and life-saving services outlined above, Staff finds reason to continue the local emergency and support the need for state and federal funding. Staff recommends Council adopt a resolution supporting the local public health emergency declared upon the closure of Madera Community Hospital, extending the period for an additional 30 days.

DISCUSSION:

Upon the closure of MCH, Sherriff Pogue proclaimed a local state of emergency in his role as Director of Emergency Services for Madera County. The Madera County Board of Supervisors (BOS) ratified the Sherriff's action on January 3, 2023. At the BOS meeting on January 10, 2023, County staff received direction to study potential options and alternatives for providing emergency and hospital medical services for the citizens of Madera. Council also adopted a Resolution supporting the County’s Proclamation, recognizing the existence of a local Emergency in Madera on January 18, 2023. In addition, Council authorized the City Manager to allocate staff time and up to $60,000 in resources to partner with the County in evaluating potential options for healthcare and emergency medical care services for Madera residents.

It should be noted that the closure of MCH continues to have a regional effect, with many neighboring hospitals now under extreme strain with the overflow of patients. To that extent, on January 3, 2023, the Fresno County Board of Supervisors (FCBOS) also proclaimed the existence of a local emergency, partly due to the closure of MCH, which compounded an already overextended public health crisis caused by ongoing COVID-19, flu, and respiratory illness outbreaks. Shortly thereafter, Congressman Costa and Congressman-elect Duarte co-authored a letter to the US Department of Health and Human Services and Centers for Medicare and Medicaid Services to highlight the dire situation and request that the agencies give the current medical crisis in Madera their full attention and evaluate options to provide emergency relief.

Since the closure, MCH has attempted to secure new affiliation partners and alternative funding options; however, these efforts have yet to come to fruition. As a result, MCH filed for Chapter 11 bankruptcy in early March. While the County of Fresno elected to terminate the local state of emergency regarding its hospitals on February 7, 2023, Madera residents continue to lack basic essential medical services and resources to travel to the nearest hospital. Patients with acute or emergency medical conditions are left with limited to no options within the city in which they reside. Staff feels this presents a dire situation necessitating the need to continue declaring a health emergency at a local level.

FINANCIAL IMPACT:

Council authorized the City Manager to allocate staff time and up to $60,000 for collaboration with County leaders and staff to evaluate and identify a path forward concerning the Hospital and alternative medical care.

ALTERNATIVES:

As an alternative, Council may elect to terminate the existing Resolution supporting the County’s local emergency proclamation.

ATTACHMENTS:

1. Resolution supporting the County’s Proclamation of Local Emergency to extend an additional 30 days.

RESOLUTION NO. ______

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
WHEREAS, on December 29, 2022, the Madera County Sheriff/Madera County Director of Emergency Services declared a local emergency based on an imminent and proximate threat to public safety in Madera County caused by the sudden and unexpected closure of Madera Community Hospital, the City's only general acute care hospital and emergency room that provided services to both adults and children; and
WHEREAS, the Madera County Board of Supervisors ratified the declaration of a local emergency on January 3, 2023, related to the closure of Madera Community Hospital; and WHEREAS, the City Council of the City of Madera hereby finds that there continues to exist an imminent and proximate threat to public health and safety from the closure of Madera Community Hospital; and
WHEREAS, conditions of disaster or of extreme peril to the safety of persons within the City have resulted from and continue due to the sudden termination of emergency and other medical services at Madera Community Hospital, thereby causing significant and unanticipated strain and depletion of local resources and the conditions warrant and necessitate supporting the declaration of a local emergency; and
WHEREAS, the closure of Madera Community Hospital came at a time when the region's healthcare network was already significantly strained by ongoing cases of COVID-19, flu, and respiratory viruses; and
WHEREAS, the Fresno County Board of Supervisors declared an emergency on January 3, 2023, related to the current healthcare crisis affecting medical facilities in their County, compounded by the closure of Madera Community Hospital.

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

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

Section 2. The City Council finds that the state of emergency conditions related to the closure of Madera Community Hospital set forth in the Madera County Sheriff's Proclamation of Emergency are ongoing and are recognized as an imminent threat to our citizens.

Section 3. The City Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Madera County Board of Supervisors and the City affirms, authorizes, and acknowledges the existence of a local emergency throughout the City.

Section 4. The City Council further requests that the Governor make available any State assistance programs and seek additional Federal assistance programs to provide relief to the public agencies and private individuals that have been or will be harmed by this emergency.

Section 5. The City Council supports the proclamation issued by Sherriff Pogue on December 29, 2022, ratified by the Madera County Board of Supervisors on January 3, 2023.

Section 6. The City Clerk is directed to provide a certified copy of this resolution to Madera County, Fresno County, and all state and federal legislative representatives for the City of Madera.

Section 7. This resolution is effective immediately upon adoption. * * * *

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Piggyback purchase agreements for Transit and Fleet Division-related purchases RECOMMENDATION:

Adopt resolutions approving piggyback purchase agreements as follows:

1. Approving Sourcewell piggyback agreements for the purchases from:
a. Mohawk Lifts of four post lifts for mechanic shop for $153,000 b. Schwarze Industries, Inc. of a street sweeper for $381,000 c. 72 Hour LLC dba National Auto Fleet Group for a Police pickup for $36,000 d. Kubota Tractor Corporation through Pioneer Tractor for $91,000, and e. ALTEC Industries of Aerial Truck for $142,000

2. The State of California piggyback agreement for the purchases from:
a. Downtown Ford of Sacramento of three Ford utility trucks for $230,000, b. Cappo Management dba Freeway Toyota of one Police sedan for $36,000, c. Folsom Lake Ford of three patrol vehicles for $165,000, and d. Cappo Management dba Freeway Toyota of two pickups for Sewer and Water Maintenance for $60,000

3. The Los Angeles County Sheriff’s Office piggyback agreement for the purchase from RCA Investments of three motorcycles for $93,000
SUMMARY:

On January 18, 2023, the City Council (Council) approved using Department of Transportation (DOT) Public Transportation Modernization, Improvement, and Service Enhancement Account Program (PTMISEA) funds to procure eligible vehicles, equipment, and amenities within the City’s Transit and Fleet Maintenance budgets. In addition, during the 2022/23 budget process, Council budgeted the purchase of new vehicles; however, the process of purchasing said vehicles was B-7
not outlined, as staff had not identified the best path. Staff has now identified such a process and recommends that the City utilize the piggyback process to purchase said vehicles. No additional funding is being requested; this item would permit staff to buy the vehicles and expend funds.

DISCUSSION:

A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies. In some instances, this method provides the most efficient purchase method or the best cost savings for the quantities or type of goods or services utilized. These contracts are also encouraged when applicable for operational proficiencies and to minimize staff processing time when the goods or services being procured have limited availability.

Council approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the City to utilize piggyback purchasing procedures through the Purchasing Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process from any supplier who offers the goods or services at the same or better price, terms, and conditions as the supplier previously offered to another public agency as the lowest bidder pursuant to the competitive bidding or proposal process required by that other public agency.

The Fleet Division purchases various commodities in its daily operations, including vehicles, equipment, miscellaneous goods, and services throughout the year. Because of Fleet's variety and quantity of procurements, the division is a natural fit to utilize the piggyback procurement process.

Table 1 provides an overview of procurements that would be obtained through the piggyback process should Council approve staff’s recommendation. It also identifies what item will be procured, the lead department who initiated the RFP being piggybacked, the proposed vendor, and the estimated cost. The procurements have been previously budgeted.

It is worth noting that procuring all the items in Table 1 with RFP’s would require significant staff time. After reviewing the available purchase options for these purchases, staff determined that using piggyback purchase agreements between public agencies and various vendors represents the most advantageous purchasing strategy. This strategy ensures the City receives excellent pricing with efficient use of staff time and resources.

Table 1: List of Expenditures
Preventative Maintenance
Expense Lead Agency Proposed Vendor Cost1
Four post lift for mechanic shop – Fleet Sourcewell Mohawk Lifts $153,000 Vehicle Procurement
Three Ford Utility Trucks – Airports,
Facilities, and Water Maintenance
State of CA Downtown Ford of Sacramento $230,000
Street Sweeper- Public Works Sourcewell Schwarze Industries, Inc. $381,000 Sedan - Police State of CA Cappo Management dba Freeway Toyota
$36,000
Three patrol vehicles – Police State of CA Folsom Lake Ford $165,000 Three motorcycles – Police LA County Sheriff RCA Investments $93,000 Two Pickups – Sewer and Water
maintenance
State of CA Cappo Management dba Freeway
Toyota
$60,000
Pickup - Police Sourcewell 72 Hour LLC dba National Auto Fleet Group
$36,000
Tractor – Wastewater treatment plant Sourcewell Kubota Tractor Corporation through Pioneer
$91,000
Aerial Truck - Facilities Sourcewell ALTEC Industries $142,000 1 Costs are estimates
FINANCIAL IMPACT:

Purchases under the recommended cooperative purchase agreements will be made from PTMISEA and Fleet capital expense funds. Sufficient funding is available in the Fiscal Year 2022- 2023 budget for purchases made through June 30, 2023. Purchases made after June 30, 2023, are subject to funding availability in the adopted budget of the applicable fiscal year.

ALTERNATIVES:

As an alternative, Council may suggest getting individual quotes from vendors per item or issuing a Request for Proposal per each. Either scenario, while feasible, would require staff resources with no guarantee that the prices obtained through this alternative process would be better than those obtained through piggybacking.

ATTACHMENTS:

1. Resolution approving Sourcewell piggyback purchase

2. Resolution approving the State of California piggyback purchase

3. Resolution approving LA County Sheriff piggyback purchase RESOLUTION NO. _______

RESOLUTION APPROVING SOURCEWELL PIGGYBACK AGREEMENTS FOR I)

PURCHASE FROM MOHAWK LIFTS OF FOUR POST LIFTS FOR MECHANIC SHOP FOR $153,000, II) PURCHASE FROM SCHWARZE INDUSTRIES, INC.

OF A STREET SWEEPER FOR $381,000, III) PURCHASE FROM 72 HOUR LLC DBA NATIONAL AUTO FLEET GROUP OF POLICE PICKUP FOR $36,000, IV)

PURCHASE FROM KUBOTA TRACTOR CORPORATION THROUGH PIONEER OF TRACTOR FOR $91,000 AND V) PURCHASE FROM ALTEC INDUSTRIES OF AERIAL TRUCK FOR $142,000
WHEREAS, A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code, adding Title II Section 4 Purchasing Procedures; and
WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures through the Purchasing Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and
WHEREAS, staff has conducted a due diligence and determined that piggyback purchases through Sourcewell best meet the City’s interests.

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

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

2. The Council finds that the use of piggyback purchases per Council approved Ordinance 996 C.S. amending the City’s municipal code, adding Title II Section 4 Purchasing Procedures is appropriate.

3. The Council approves the Sourcewell piggyback agreements for i) purchase from Mohawk Lifts of four post lifts for mechanic shop in the amount of $153,000, ii) purchase from Schwarze Industries, Inc. of a street sweeper in the amount of $381,000, iii) purchase from 72 Hour LLC dba National Auto Group of Police pickup in the amount of $36,000, iv) purchase from Kubota Tractor Corporation through Pioneer of tractor in the amount of $91,000 and v) purchase from ALTEC Industries of Aerial Truck in the amount of $142,000, which can be accessed on the following link
https://www.madera.gov/home/departments/purchasing/#tr-co-operative-andpiggyback-agreements-243710 and in the City Clerk’s Office.

4. This Resolution shall take effect immediately upon its adoption. * * *
RESOLUTION NO. _______

RESOLUTION APPROVING STATE OF CALIFORNIA PIGGYBACK AGREEMENTS FOR I)

PURCHASE FROM DOWNTOWN FORD OF SACRAMENTO OF THREE FORD UTILITY TRUCKS FOR VARIOUS CITY DEPARTMENTS FOR $230,000, II) PURCHASE FROM FREEWAY TOYOTA OF A POLICE SEDAN FOR $36,000, III) PURCHASE FROM FOLSOM LAKE FORD OF THREE POLICE PATROL VEHICLES FOR $165,000, IV) PURCHASE FROM

FREEWAY TOYOTA OF TWO PICKUP TRUCKS FOR VARIOUS CITY DEPARTMENTS FOR $60,000
WHEREAS, A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code, adding Title II Section 4 Purchasing Procedures; and
WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures through the Purchasing Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and
WHEREAS, staff has conducted a due diligence and determined that piggyback purchases through the State of California best meet the City’s interests.

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

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

2. The Council finds that the use of piggyback purchases per Council approved Ordinance 996 C.S. amending the City’s municipal code, adding Title II Section 4 Purchasing Procedures is appropriate.

3. The Council approves the State of California piggyback agreements for i) purchase from Downtown Ford of Sacramento of three utility trucks for various City departments in the amount of $230,000, ii) purchase from Cappo Management dba Freeway Toyota of a Police sedan in the amount of $36,000, iii) purchase from Folsom Lake Ford of Police pickup in the amount of $165,000, iv) purchase from Cappo Management dba Freeway Toyota of two pickups for various City departments in the amount of $60,000, which can be accessed on the following link
https://www.madera.gov/home/departments/purchasing/#tr-co-operative-andpiggyback-agreements-243710 and in the City Clerk’s Office.

4. This Resolution shall take effect immediately upon its adoption. * * *
RESOLUTION NO. _______
RESOLUTION APPROVING THE LOS ANGELES COUNTY SHERIFF’S OFFICE PIGGYBACK

AGREEMENT FOR PURCHASE FROM RCA INVESTMENTS OF THREE POLICE MOTOTCYCLES FOR $93,000
WHEREAS, A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code, adding Title II Section 4 Purchasing Procedures; and
WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures through the Purchasing Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and
WHEREAS, staff has conducted a due diligence and determined that piggyback purchases through the Los Angeles County Sheriff’s Office best meet the City’s interests.

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

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

2. The Council finds that the use of piggyback purchases per Council approved Ordinance 996 C.S. amending the City’s municipal code, adding Title II Section 4 Purchasing Procedures is appropriate.

3. The Council approves the Los Angeles County Sheriff’s Office piggyback agreement for purchase from RCA Investments of three Police motorcycles in the amount of $93,000, which can be accessed on the following link
https://www.madera.gov/home/departments/purchasing/#tr-co-operative-andpiggyback-agreements-243710 and in the City Clerk’s Office.

4. This Resolution shall take effect immediately upon its adoption. * * *

Award of Three-Year Contract, with the Option of Two One-Year Extensions, with the PUN Group for Professional Auditing Services
RECOMMENDATION:

Adopt a resolution approving a three-year contract with the PUN Group for professional auditing services in the amount of $168,763, with two optional one-year extensions SUMMARY:

The City is required to produce annual financial statements and have those financial statements audited. To fulfill that requirement, the City must contract for professional auditing services. The existing contract for audit services has expired, and all contract extension options have been exhausted. A request for proposal (RFP) was written, reviewed, and published. Responses were received and found to be both responsive and responsible. They were then evaluated by a committee and ranked in accordance with the terms of the RFP. Based on a review of the responses, staff recommends that an award for professional auditing services be made to The Pun Group.

DISCUSSION:

The Madera Municipal Code (MMC) Section 2-2.203 (E) requires the Director of Finance “…to submit annually, at the end of the fiscal year, a complete financial statement and report.” Historically, that annual report has taken the form of an Annual Comprehensive Financial Report (ACFR). In addition to the MMC’s requirement, audited annual financial statements are a condition of the City’s debt covenants and grant agreements. In order to meet those legal requirements, the City must contract with a certified accounting firm to conduct the necessary financial statement audit. The contracted firm also conducts other required financial reviews for B-8
the City, including the Single Audit of the City’s grant receipts, the Gann Limit calculation review, a review of the City’s Public Financing Authority, and the golf course compliance review.

The City’s previous contract for professional audit services was issued in September 2019 and expired with the completion of the Fiscal Year 2021-22 ACFR. The previous contract was with The Pun Group for a total amount of $222,545 for three years.

In February 2023, staff issued a Request for Proposals (RFP) for professional audit services.

Distribution of this RFP included notifying over 260 vendors through the City’s procurement platform (PlanetBids), advertising in the Madera Tribune, and directly inviting two firms via email. In March 2023, the City received two proposals from interested companies. Those proposals were evaluated by a team of City staff who utilized the evaluation criteria defined in the RFP. Upon completing the evaluation, staff recommends that a new three-year contract, with two one-year extensions, be given to the Pun Group.

Staff selected the Pun Group based on their ability to meet the requirements of the City through resource management, their experience with auditing cities and other governmental agencies of similar size, and the scope of their proposed audit implementation plan. The proposed threeyear cost of the agreement is $168,763; a significant reduction from the payment the Pun Group received under the previous contract. The reduction is due to the Pun Group being familiar with the number of hours needed to perform the required tasks and refining their price to match the hours needed.

FINANCIAL IMPACT:

The three base year costs of this contract are detailed in Table 1.

Table 1: Proposed fees per fiscal year
Contract Year 1st Year (FY 2022/23) 2nd Year (FY 2023/24) 3rd Year (FY 2024/25) Amount $54,600 $56,238 $57,925
This cost will be budgeted in the Finance Department’s Fiscal Year 2023-24 budget. Annual amounts for the remaining years of this contract will be budgeted in future Finance Department budgets.

ALTERNATIVES:

As an alternative, Council may award the contract to Harshwal & Company. Doing so would result in the City paying $83,442 more in total for professional auditing services over the three-year base term of the contract than it would pay if staff’s recommendation were approved.

Another alternative for Council would be to reject all bids and direct staff to conduct another RFP process for Professional Audit Services. Such an approach would require staff resources, with no guarantee that the City would get better proposals than those received from The Pun Group.

Utilizing such an alternative would also likely delay the release of the Fiscal Year 2022/23 ACFR, as another RFP process would extend past the last week of June when year-end closing fieldwork for the ACFR audit is scheduled to begin.

ATTACHMENTS:

1. Resolution approving the agreement award

2. Agreement (Exhibit A to Resolution)
RESOLUTION NO.

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

CALIFORNIA, APPROVING A THREE-YEAR CONRACT WITH TWO ONE-YEAR

OPTIONS WITH THE PUN GROUP FOR PROFESSIONAL AUDITING SERVICES IN THE AMOUNT OF $168,763
WHEREAS, the City of Madera (the “City”) has a fiduciary responsibility to have its financial records and transactions audited each fiscal year by an independent Certified Public Accounting firm; and
WHEREAS, the City has engaged in a Request for Proposals (RFP) process; and WHEREAS, the City received two responses to the RFP; and WHEREAS, the accounting firm The Pun Group has agreed to provide the necessary accounting services in accordance with their response to the City’s Request for Proposal; and WHEREAS, the prices proposed for services indicated in The Pun Group’s proposal letter are fair and reasonable.

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

1. The above recitals are true and correct.

2. The Agreement with The Pun Group, a copy of which is attached hereto as Exhibit A, is approved.

3. The City Manager is hereby authorized to exercise either or both one-year options when those options are able to be exercised.

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

CITY OF MADERA

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is made and entered into the 17th day of May, 2023, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City” and THE PUN GROUP, hereinafter called “Consultant”.

RECITALS
A. City desires to obtain Professional Auditing Services and issued a Request for Proposals (RFP) 202223-14 for said Services.

B. Consultant is a firm specializing in Professional Auditing Services with the necessary experience to provide desired Services to the City and submitted a proposal to the City.

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

D. City desires to retain Consultant, and Consultant 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 Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated by herein by this reference. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

2. Commencement of Services; Term of Agreement. Consultant shall commence the Services upon City’s issuance of a written "Notice to Proceed" 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 mutually agreed to at least 90 days in advance of expiration, for a period not to exceed two (2) additional one-year extensions.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of Resolution Exhibit A
those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.

3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference.
(b) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, and subconsultant contracts. (c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(d) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant.

4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City.

Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.

5. Qualifications, and Professional Standards. Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

6. Identity of Subcontractors and Sub-Consultants. Consultant shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.

8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

9. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and a copy of all final reports prepared by Consultant under this Agreement.

10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

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

Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties.

Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant.

City reserves the right to employ other consultants in connection with the Services.

16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
a. For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. b. For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause. c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided.

However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.

17. Insurance. Consultant 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. Consultant shall provide City with copies of required certificates of insurance upon request.

18. Indemnity and Defense. Consultant 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, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance of its obligations under this agreement or out of the operations conducted by Consultant, 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 Consultant’s performance of this agreement, the Consultant 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.

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

20. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant 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, Consultant shall not assign the payment of any monies due Consultant 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 Consultant directly to Consultant.

21. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: Director of Financial Services
City of Madera
Finance Department
205 W. Fourth
Madera, CA 93637
To Consultant: The Pun Group
200 East Sandpointe Avenue, Suite 600
Santa Ana, CA 92707
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

22. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Consultant, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein.

This Agreement may be amended only by written instrument signed by both City and Consultant.

23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

25. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

26. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

27. Attorneys Fees. If either party is required to commence any proceeding or legal action to enforce or interpret 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 attorneys’ fees and legal expenses.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

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

31. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

THE PUN GROUP CITY OF MADERA
By: ___________________________ By: ______________________________ Kenneth H. Pun, Managing Partner Santos Garcia, Mayor

Date: __________________ Date: ______________________
APPROVE AS TO FORM:

Hilda Cantú Montoy, City Attorney
ATTEST:

Alicia Gonzales, City Clerk

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

SCHEDULE OF COMPENSATION

EXHIBIT C

INSURANCE
A. Insurance Requirements
Consultant 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 form CG 20 10 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 Consultant 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. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
 $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

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

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

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance.

Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

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

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

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

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

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Section Tab G
G. Specific Audit Approach
The proposal should set forth a summarized work plan, including an explanation of the audit methodology to be followed, to perform the required services as described in this request for proposal. The work plan should reference such sources of information as the City of Madera budget and related materials, organizational charts, manuals and programs, and financial and other management information systems. Proposers will be required to provide the following information on their audit approach:

1. Proposed segmentation of the engagement.

2. Level of staff and number of hours to be assigned to each proposed segment of the engagement.

3. Sample size and the extent to which statistical sampling is to be used in the engagement.

4. Approach to be taken to gain and document an understanding of the City’s internal control structure.

5. Approach to be taken in determining laws and regulations that will be subject to audit test work.

6. Approach to be taken in drawing audit sample for purposes of tests of compliance.

Scope of Work, Audit Approach, and Methodology
The City of Madera is requesting the Firm to perform Professional Auditing Services and issue opinions on the City’s financial statements. The audits are to be completed in accordance with all applicable and generally accepted auditing standards, including, but not limited to, the following:
 Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants (AICPA).
 US General Accounting Office’s (GAO) Standard for Audit of Governmental Organizations, Programs, Activities, and Functions.
 Local Governments and Governmental Accounting Standards Board (GASB) Pronouncements.  The standards applicable to financial audits contained in the most current version of the Generally Accepted Government Auditing Standards (Yellow Book), issued by the Comptroller General of the United States.  The provisions of the Single Audit Act as amended in 1996.  The provisions of the US Office of Management and Budget (OMB) Uniform Guidance (formerly known as Circular A-133), Audits of State and Local Governments and Non-profit Organizations, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

The Firm will perform the following services:
 Financial Statement Audits and issuance of an opinion statement on the Annual Comprehensive Financial Report of the City of Madera. The audit will be conducted in accordance with Generally Accepted Government Auditing Standards. The report will be in full compliance with all current GASB pronouncements.

The following component units will be included in the City’s financial statements: 1) Housing Authority of the City of Madera, and; 2) City of Madera Financing Authority.

In addition, the Firm will assist in meeting the requirements for the Government Finance Officers Association (GFOA) “Certificate of Achievement for Excellence in Financial Reporting.”  Prepare a Single Audit Report which will include the following:
o Report on compliance and on internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. o Report on compliance with requirements applicable to each major program, internal control over compliance, and on the schedule of expenditures of federal awards in accordance with Uniform Guidance, “Audits of State and Local Governments,” and the Single Audit Act of 1984 (Public Law 98-502).
o Schedule of Expenditures of Federal Awards.
o Notes to Schedule of Expenditures of Federal Awards.
o Schedule of Findings and Questioned Costs.
o Any other required schedules or reports.

Contract Exhibit A
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o Prepare the Data Collection Form for Reporting on Audits of States, Local Governments, and NonProfit Organizations.  Test compliance with Proposition 111, Article XIII.B – Review of Appropriation Limit Calculations (GANN).  Issue an Auditor’s Communication Letter with any reportable conditions found during the audit. A reportable condition will be defined as a material weakness or significant deficiency.  Issue a separate "Management Letter" that includes recommendations for improvements on internal control, accounting procedures, and other significant observations that are considered to be no reportable conditions  On “as needed basis”, perform a compliance review of the agreement between the City and the management company that has been retained to operate and manage the City of Madera’s municipal golf course.

Supplemental Reports, Audits, or Agreed-Upon Procedures: Other services, such as agreed-upon procedures, may be deemed necessary. These services will be performed at agreed-upon rates and will be added to a written agreement before commencing audit work. The Firm and the City of Madera will discuss and approve the scope and associated costs of these tasks. Such services include:
 If needed, perform an audit of the Transportation Development Act Funds (TDA Funds) and the related notes to the financial statements, which collectively comprise the TDA Funds’ financial statements.  If needed, perform an audit of the Measure “T” Fund (Measure “T” Fund) and the related notes to the financial statements, which collectively comprise the Measure T Fund financial statements.

Provided By Client (PBC) Lists: They will be provided for both interim and final audits according to an agreed-upon timeline between the engagement team and the City in order to be reasonably prepared for a field audit. The engagement team will meet with the City’s management during the initial planning stage to discuss audit schedules and review the prior year's audit findings (if any). We will deliver a list of all documents to be provided by the City’s staff. Once such materials are agreed upon by the engagement team and City’s finance personnel, no other schedules will be requested unless new information comes to light in the course of test work.

Attendance at Meetings and Hearings: The engagement team will participate in as many meetings with staff as needed to perform the work scope tasks, present the audit plan prior to beginning fieldwork, and discuss the draft audit reports. The team will attend public meetings to present and discuss its findings and recommendations. Once all issues of discussion are resolved, the completed Financial Reports, Single Audit report (if applicable), and other reports will be delivered to the City according to the agreed-upon schedule.

Advice and Consultation: Will be provided throughout the year on matters relating to accounting and financial reporting. Such services do not include any task that entails significant research or a formal report.

GASB Implementation: The Firm will provide technical assistance and training in the implementation of applicable GASB pronouncements not yet in effect. We have a dedicated partner, Mr. Gary Caporicci, who will be responsible for providing advice and consultation for the implementation of these new standards. The Firm will advise the City on the applicability of accounting and reporting standards and other accounting issues and provide guidance on new note disclosures, GASB implementations, and other reporting requirements. We will also provide training, resources, and information on topics relevant to the City’s financial reporting and operations. (Based on the scope, additional charges may apply.)
Report of all Irregularities and Illegal Acts: The Firm will make an immediate written report of all irregularities and illegal acts or indications of illegal actions of which we may become aware to the City Manager, City Attorney, and the Director of Finance Services. The engagement team will also make all communications to the City required by the audit standards under which the engagement is performed.

Working Paper Retention and Access to Working Papers: The Firm will retain, at its own expense, all working papers and reports for a minimum of seven (7) years unless the City of Madera notifies the Firm in writing of the need to extend the retention period. The Firm will make working papers available upon request, to the following parties or their designees: City of Madera; U.S. Department of Transportation; U.S. General Accounting Office (GAO); Parties designated by the federal or state government or by the City of Madera as part of an audit quality review process; Auditors of entities of which the City is a sub-recipient of grant funds.

Also, we will comply with reasonable requests from successor auditors and allow them to review working papers that relate to matters of continuing accounting significance.

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Methodology and Segmentation of Engagement
The Firm’s audit approach consists of six phases: Engagement Acceptance and General Planning, Planning and Internal Control Evaluation, Fieldwork, Post Fieldwork, Report Preparation and Review, and Final Production.

1. Engagement Acceptance and General Planning: The engagement partner and manager will meet with City’s management to obtain an update on current City policies and procedures, help identify risk areas and new operations, and establish any specific requirements they may have. Our team will work on the identification of unique transactions, implementation of new GASB pronouncements, and develop the audit work plan for the engagement. Proposed timeline: May/June of each year.

2. Planning and Internal Control Evaluation: The engagement team, including the engagement partner, will assess accounting policies adopted by the City in order to obtain an understanding of its structure and its operating environment. Also, our team will review internal controls on all significant transaction classes, perform walkthroughs and/or tests of internal controls, perform preliminary analytical procedures, develop an initial risk assessment, evaluate Single Audit compliance, identify any audit issues, and prepare confirmation correspondence. The engagement team and City’s Management will establish expectations, including responsibilities and assignments for the year-end fieldwork, and will hold a progress status meeting at the end of the interim phase. Proposed timeline: to commence June/July of each year.

3. Fieldwork: The engagement team, including the engagement partner, will conduct audit procedures on account balances in the general ledger, finish confirmation procedures, perform data analysis using our AI tools, search for unrecorded liabilities, perform substantial analytical review procedures, complete work on compliance with Federal Assistance, and conclude fieldwork. The engagement team and City’s Management will hold an exit conference at year-end. Periodic update meetings will be held to communicate audit progress to management. Proposed timeline: to commence in September of each year.

4. Post Fieldwork: During the phase, the engagement team, including the engagement partner, will review all documents and evaluate commitments and contingencies. The team will perform an assessment of the going concern and jointly plan for the next steps. Proposed timeline: immediately upon fieldwork completion.

5. Report Preparation and Review: The Firm will review and prepare audit reports and perform quality control procedures following the Quality Control Standards issued by the AICPA. We will also examine reports for compliance with GFOA reporting guidelines at no additional cost. Any comments will be recorded in a letter to management. At the City’s request, the engagement partner and manager will present the audit to City’s Management and other governing bodies. Proposed timeline: Draft copies of reports provided by midNovember each year.

6. Final Production: The final phase of our approach entails obtaining the management representation letter and final financial statement report, which may include a final presentation to the City’s Management and other governing bodies (if applicable). Proposed timeline: Final reports and management letter will be provided by mid-December of each year.

The Firm will complete the audit fieldwork and issue all reports within the established timeframe, assuming no internal circumstances within the City causes delays in the audit. • Chen! tailored approach emphasizing careful planning, open commurncat1on, proper assignment of respons1b1h11es • An efficient and effective audit. so d1srupt1on to office operations 1s kept to a minimum Benefits • Offer beneficial observations and recommendation about policies and procedures for accounting and operating controls • Opporturnt1es to make operations more efficient and reduce costs • Provide advisory services so recommendations can be implemented • Meet obJectives at no add1l1onal cost
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Level of Staff and Number of Hours to be Assigned to Each Segment of the Engagement The Pun Group LLP understands that the City is not only looking to employ our auditing services but is also seeking to receive value within that professional relationship. We believe that our value derives from the in-depth knowledge, experience, and commitment that our auditing firm employs. We stress and emphasize “employ” because all of the knowledge and expertise listed on paper will not benefit you unless it is applied. That is why we have developed a plan that we feel will accomplish the objectives of the City and your particular needs. Our Firm will utilize the information that you have shared with us and our experience from our previous audits of this nature from various government entities and cities to develop a practical plan for all major areas.

Estimated Total Hours*:

Partner(s)
Director/
Manager
Supervisory
Staff Staff Clerical Total
Engagement Acceptance & General Planning 2 4 6 8 0 19
Planning & Internal Control Evaluation 3 6 8 11 0 28
Fieldwork 13 29 42 56 2 142
Post Fieldwork 9 19 28 38 1 95
Report Preparation & Review 13 29 42 56 2 142
Final Production 4 10 14 19 1 47
Total* 44 96 140 188 6 474
*Does not include CPE hours related to Governmental Webinars and/or optional services.

Sample Size and the Extent to Which Statistical Sampling is to be Used in this Engagement In our audit approach, random and statistical sampling is used in conjunction with our skilled judgment and knowledge of each situation. When designing an audit sample, our auditors consider the purpose of the audit procedure and the characteristics of the population from which the sample will be drawn. We determine a sample size sufficient to reduce sampling risk to an acceptably low level and select items for such a task in a way that we can reasonably expect it to be representative of the relevant sample and likely to provide the auditor with a reasonable basis for conclusions about the population.

Enhancing Auditing Quality with Artificial Intelligence There are plenty of challenges with established audit practices. Outdated CAAT tools, sampling practices, and the explosive growth of big data are some of the examples, and they all present significant barriers to detecting anomalies, intentional or otherwise, in financial data. The Pun Group deploys a comprehensive, risk-based approach, complemented by using MindBridge™'s Artificial Intelligence Platform, to conduct our audit. Through this tool, we can seamlessly analyze thousands and thousands of financial and operating data and records, identifying and cataloging significant risks in mere seconds.

The AI Auditor platform works by our side, augmenting our capacity to detect errors or fraud in the collected data not only by analyzing the entire set but by cross-correlating dozens of testing criteria against pre-established data points and presenting us with a view of every user, vendor, and transaction, by risk. All are happening within moments of ingesting analyzed data, which is something standard audit procedures simply cannot accomplish.

We utilize these tools to allow our audit team to increase efficiency in the audit process, enhance the existing quality of our work, provide directed testing in areas subject to the highest risk, and quickly assimilate large amounts of data your staff would typically be asked to gather. The tools also help us to meet our professional requirements regarding fraud and internal control, allowing us to:
 Run Benford’s analysis to check for fraud in transactions.  Increase the value of audit findings with complete, 100% data coverage.  Isolate risk and control issues before they impact your operations.  Improve productivity by automating procedures and eliminating manual tasks.  Conduct more direct, efficient, and effective audits to improve overall service quality. • MindBridge
City of Madera
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Our engagement team easily imports data in a secure environment from the City’s financial software and extracts useful data for testing and analytical procedures particular to the following areas:
 Successful Fraud Test  Kickback or Conflict-of-Interest Schemes  Questionable Invoices  Dormant Account Schemes
 Phantom Vendor Schemes  Money Laundering Schemes
Type and Extent of Analytical Procedures to be used in the Engagement Analytical procedures are one of many financial audit processes that help an auditor understand the client’s operation and changes in the environment and identify potential risk areas to plan other audit procedures. Such procedures include a comparison of financial information on prior periods, budgets, forecasts, and industry benchmarks. We use trend and ratio analysis to identify any uncertain or unusual events. To perform these analyses, our Firm surveys cities and counties and develops benchmarks on specific vital financial indicators, such as the cost of services to tax revenues ratios, average general fund balance, capital assets, debt-to-capital, and general fund unassigned fund balance to total general fund expenditures, etc. Our engagement members have extensive experience in successfully implanting analytical procedures to the City’s benefit.

Our analytical procedures process is performed during three stages of the audit: (a) at the start, (b) in the middle, and (c) at the end. These three stages are risk assessment procedures, substantive analytical procedures, and final analytical procedures:
 Risk assessment procedures are used to assist the auditor in understanding the business better and in planning the nature, timing, and extent of audit procedures.  Substantive analytical procedures are used to obtain evidential matters about particular assertions related to the account balances or classes of transactions. During the interim phase, our engagement team will set up expectations for the year-to-date results and balances and compare them with budgeted and prior-year amounts. This process allows us to forecast year-end amounts, reducing the workload during the year-end phase and allowing us to focus on areas of concern.
 Final analytical procedures are used as an overall review of the financial information in the last review stage of the audit. The Engagement Partner(s) and Manager(s) will perform a high-level analytical analysis of the financial information, comparing its data both quantitatively and qualitatively to ensure the amounts are fairly presented in all material respect in the financial statements.

Approach to be Taken to Gain and Document an Understanding of the Internal Control Structure Audit risk assessment is established by an internal control review, combined with the engagement team’s understanding of the City’s operations and accounting software. Using the Committee of Sponsoring Organizations (COSO) Framework, staff members will evaluate the City’s processes and identify any control deficiencies. These diagnostic review procedures allow the engagement team to assess the City’s systems and controls and to provide constructive feedback to management.

During our initial planning phase of the audit, our engagement team, including the engagement Partner and Manager, will obtain an understanding of the entity and its environment. It is an essential aspect of performing an audit under generally accepted auditing standards. That understanding establishes a frame of reference within which the auditor plans the procedures and exercises professional judgment about assessing risks of material misstatement of the financial statements and responding to those risks throughout the examination.

During the interim phase of the audit, our engagement team will perform a walkthrough of all significant accounting systems, including processes for financial reporting, revenue recognition and cash receipts, purchasing/contract management and cash disbursements, payroll and related liabilities, and others. Our auditors will obtain the written policies and procedures, inquiring accounting personnel, and document the process in either a flowchart or narrative summary format. After gaining an understanding of the accounting and internal control systems, our auditor will make a preliminary assessment of control risk, at the assertion level, for each material account balance or class of transactions.

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The form and extent of this documentation are influenced by the size and complexity of the entity and the nature of its accounting and internal control systems. Generally, the more complex the entity’s accounting and internal control systems and the more extensive the auditor’s procedures, the broader our documentation will need to be.

Approach to be Taken in Determining Laws and Regulations that Will be Subject to Audit Test Work The Firm stays continually up to date with audit requirements—including new regulations, compliance supplements, state guidelines, and related contracts—to ensure that we conduct audits under applicable laws and regulations. We test transactions for compliance with the Single Audit Act, California Government Code, GANN Appropriations Limit, provisions of applicable grant guidelines, requirements of local measures, and others.

For example, the Single Audit Act requires that we determine which grants to include in our audit and select transactions from those grants for detailed testing. While most items will be tested as part of the Interim phase, we cannot determine which grants will be selected for the Single Audit until the year-end/fieldwork stage of the audit.

Our compliance audits of cash, investments, debt covenants, and other areas will be performed following the California Government Code, which has many provisions and regulations covering investments.

Approach to be Taken in Drawing Audit Samples for Purposes of Tests of Compliance To test compliance, we will follow the AICPA’s Audit Sampling Considerations of Uniform Guidance Compliance Audits. We will select an appropriate sample size based on our professional judgment and knowledge. Any deviations from control and compliance requirements will be documented.

Audit Firm’s Expectations of the Role and Participation of City’s Staff in the Audit Process The engagement team will meet with the City’s management during the initial planning stage to discuss audit schedules and review the prior year's audit findings (if any). We will deliver a list of all documents to be provided by the City’s staff. Once such materials are agreed upon by the engagement team and City’s finance personnel, no other schedules will be requested unless new information comes to light in the course of test work.

Our goal is to cause the least amount of interruptions to the City’s daily operations; therefore, to the extent possible, we will use information in the form available from the City’s records.

We believe client/engagement team communication is vital to perform results satisfactorily. With that sentiment in mind, we will hold regular meetings with the City’s management to determine the status of the audit as well as any items which will require special attention. Open and frequent communication is critical.

Objectives of Our Services
Our primary objective for the proposed audit is to examine the City’s financial statements and express our opinion on the fairness of the presentation, following generally accepted accounting principles. Other objectives that will benefit the City include the following:
 To offer beneficial observations and recommendations about policies and procedures for accounting and operating controls
 To identify opportunities to make City operations more efficient and reduce costs  To perform the audit efficiently and effectively. Disruptions to office operations are kept to a minimum  To provide continuing advisory services so the City can implement recommendations  To meet these objectives at no additional cost to the City The Engagement Team will perform the audit abiding by the Firm’s quality-control procedures, which include following standard audit programs, careful planning, using industry-standardized software for auditing and internal control documentation, and welcoming an objective review of audit work. In other words, our client-tailored approach emphasizes careful planning, open communication, and proper assignment of responsibilities.

The Firm will supply portable computers to the on-site staff members.

City of Madera
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Section Tab I
I. Cost Proposal
Certification
We are committed to the performance of a high-quality audit at the most reasonable fee level possible, both initially and throughout the engagement. Also, our partners will provide advice and consultation as needed at no additional cost to the City of Madera.

Name of Firm: The Pun Group LLP – Certified Public Accountants and Business Advisors Contact Name: Kenneth H. Pun, CPA, CGMA
Contact Email Address: [email protected]
Authorization to Represent the Firm
I, the undersigned, certify I am duly authorized to represent The Pun Group LLP and am empowered to submit this bid. In addition, I certify I am authorized to contract with the City of Madera on behalf of the Firm.

March 24, 2023
_________________________________________ _______________________________ Kenneth H. Pun, CPA, CGMA | Managing Partner Date
The Pun Group LLP
Total All-Inclusive Maximum Price
Our proposed fees for Professional Auditing Services for the fiscal years ending June 30, 2023, June 30, 2024, and June 30, 2025, with an option to extend for an additional two (2) fiscal years, are as follows:
2022-23 2023-24 2024-25 2025-26 2026-27
City Audit, ACFR and Related Reports 45,600 $ 46,968 $ 48,377 $ 49,828 $ 51,323 $ Single Audit - up to 2 Major Programs 9,000 $ 9,270 $ 9,548 $ 9,835 $ 10,130 $ Golf Course Compliance Review Included Included Included Included Included Total All-Inclusive 54,600 $ 56,238 $ 57,925 $ 59,663 $ 61,453 $ Contract Exhibit B
City of Madera
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ATTACHMENT A

FEE SCHEDULES A THROUGH D AND BID PROPOSAL AUTHORIZATION FORM

FEE SCHEDULE A

PROFESSIONAL FEES AND EXPENSES
FOR THE AUDITS OF THE FY 2022-23 THROUGH 2024-25 AND PREPARATION OF

ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
Hours
Hourly
Rates
Total $
FY2022-2023
Total $
2023-2024
Total $
2024-2025
Partners 36 300 $ $ 10,800 $ 11,124 $ 11,458
Directors 80 250 $ $ 20,000 $ 20,600 $ 21,218
Supervisory Staff 120 150 $ $ 18,000 $ 18,540 $ 19,096
Staff 156 125 $ $ 19,500 $ 20,085 $ 20,688
Clerical 4 100 $ $ 400 $ 412 $ 424
Subtotal for Services 396 68,700 $ 70,761 $ 72,884 $
Less: Professional Discount $ (23,793) (23,100) $ (24,507) $ Total for Services $ 46,968 45,600 $ 48,377 $
5 - 10 hours
5 - 10 hours
Total all-inclusive maximum price for the ACFR (3 years total):

Total all-inclusive maximum price for the ACFR (3 years total) IN WORDS:

GRAND TOTAL all-inclusive maximum price (3 years total):
(Includes all services quoted in this proposal)
GRAND TOTAL all-inclusive maximum price (3 years total) IN WORDS:
(Includes all services quoted in this proposal)
$ 168,763
One hundred sixty-eight thousand seven hundred sixty-three dollars
$ 140,945
One hundred forty thousand nine hundred forty-five dollars From Finance Department
From City's Clerk's Office
Estimated number of hours required from City to develop permanent file:
- I
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FEE SCHEDULE B

SINGLE AUDIT REPORT
Hours
Hourly
Rates
Total $
FY2022-2023
Total $
2023-2024
Total $
2024-2025
Partners 8 300 $ $ 2,400 $ 2,472 $ 2,546
Directors 16 250 $ $ 4,000 $ 4,120 $ 4,244
Supervisory Staff 20 150 $ $ 3,000 $ 3,090 $ 3,183
Staff 32 125 $ $ 4,000 $ 4,120 $ 4,244
Clerical 2 100 $ $ 200 $ 206 $ 212
Subtotal for Services 78 13,600 $ 14,008 $ 14,428 $
Less: Professional Discount $ (4,738) (4,600) $ (4,880) $ Total for Services $ 9,270 9,000 $ 9,548 $
Total all-inclusive price for the Single Audit Report (3 years total):

Total all-inclusive price IN WORDS (3 years total):
$ 27,818
Twenty-seven thousand eight hundred eighteen dollars
(1) Single Audit fees based on up to two (2) major programs. The fee for auditing additional major programs will be $5,000 each. The number of programs determined to be “major” will be based on OMB Uniform Guidance.

The Engagement Team will discuss this with the City of Madera’s Management before starting Single Audit work.

City of Madera
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FEE SCHEDULE C

PREPARATION OF THE GOLF COURSE

COMPLIANCE REVIEW
Hours
Hourly
Rates
Total $
FY2022-2023
Total $
2023-2024
Total $
2024-2025
Partners 4 300 $ $ 1,200 $ 1,236 $ 1,273
Directors 4 250 $ $ 1,000 $ 1,030 $ 1,061
Supervisory Staff 8 150 $ $ 1,200 $ 1,236 $ 1,273
Staff 12 125 $ $ 1,500 $ 1,545 $ 1,591
Clerical 1 100 $ $ 100 $ 103 $ 106
Subtotal for Services 29 5,000 $ 5,150 $ 5,305 $
Less: Professional Discount $ - - $ - $
Total for Services $ 5,150 5,000 $ 5,305 $
Total all-inclusive price IN WORDS (3 years total):

Hours/Cost Included in the City Audit/ACFR
Hours/Cost Included in the City Audit/ACFR
Total all-inclusive price for the Golf Course Compliance Review (3 years total):

City of Madera
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FEE SCHEDULE D

CITY OF MADERA ADDITIONAL PROFESSIONAL SERVICES
Hourly
Rates
FY2022-23
Hourly
Rates
FY2023-24
Hourly
Rates
FY2024-26
Partners $ 309 300 $ 318 $
Directors $ 258 250 $ 265 $
Supervisor/Senior Auditors $ 155 150 $ 159 $
Staff $ 129 125 $ 133 $
Clerical $ 103 100 $ 106 $
City of Madera
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City of Madera
RFP 202223-14 Professional Auditing Services
Page28 of44

BID PROPOSAL AUTHORIZATION FORM
Proposals shall be valid for a minimum of 180 days following submission.

Date
Company Name
Street Address
City/ State/ ZIP
Phone Number
Person Preparing Proposal
Title
Email Address
Signature of Person Preparing Proposal
March 24, 2023
The Pun Group, LLP
200 E. Sandpointe Ave, Suite 600
Santa Ana, CA 92707
(949) 777-8800
Kenneth H. Pun, CPA, CGMA
Managing Partner
ken. [email protected]
~-rt. r-
City of Madera
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Rates for Additional Professional Services
Below are the Firm’s hourly billing rates, delineated by staffing levels:

Any supplemental reports, audits, or agreed-upon procedures not covered by this proposal may be added to a written agreement prior to commencing audit work. The Firm and the City will discuss and approve the scope and associated costs of these tasks. Any additional work will be performed at the above-quoted hourly rates.

Manner of Payment
Engagement Team members are required to maintain timesheets detailing the date, number of hours, and work performed for every audit task. The Firm will collect these timesheets and bill the City of Madera at the rates outlined in the Total All-Inclusive Maximum Price section in four stages: (1) at the conclusion of the planning phase, (2) at the conclusion of the interim phase, (3) at the conclusion of the Year-End phase, (4) and after presentation and acceptance of the final audit reports. Interim billings will cover a period not less than a calendar month. The billing amounts generally break down as follows:

Out of Pocket Expenses Included in the Total All-Inclusive Maximum Price and Reimbursement Rates The Firm’s policy is to maintain flexible billing rates to meet the needs of clients and help them control costs. In the interest of continuing our long-term relationship, we will absorb expenses such as travel and printing costs.

Additionally, our Partners will be available to provide advice and consultation as necessary to the City of Madera.

The Firm will also absorb these costs.

Partner(s) 300 $
Director(s) 250 $
Senior Manager(s) 225 $
Manager(s) 200 $
Supervisor(s) 175 $
Senior Accountant(s) 150 $
Staff Accountant(s) 125 $
Clerical 100 $
Hourly Billing Rates
Work Performed % of Proposal Amount
Planning 10%
Interim 40%
Fieldwork 40%
Presentation and Acceptance of Reports 10%

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: ___________ Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Accepting a Portion of the Improvements for the Iveywood I Subdivision RECOMMENDATION:

Adopt a resolution:

1. Accept a portion of the improvements for the Iveywood I Subdivision

2. Authorize the filing of the Notice of Acceptance for said subdivision improvements SUMMARY:

The Subdivider, Joseph Crown Construction and Development, a California Corporation (Subdivider), has completed the off-site public improvements in accordance with the approved Improvement Agreement (Agreement) and improvement plans. The Subdivider has paid all required fees and submitted a warranty bond for the completed improvements. It is recommended that the City Council (Council) accept that portion of the improvements completed for the Iveywood I subdivision.

DISCUSSION:

The Iveywood I subdivision is a residential development located on the northwest quadrant of Sunrise Avenue and Tozer Street. The Council approved the Final Map on February 17, 2021. An amendment to the Agreement was approved by Council on November 16, 2022, to incorporate park improvements in the Agreement for future reimbursement. The Subdivider has completed a portion of the public improvements in accordance with the approved Agreement and improvement plans. Approval of the resolution will cause acceptance of specific improvements listed below as defined by the Agreement:

B-9

1. Tozer Street Construction:
▪ Approximately 1,574 linear feet of north and south travel lanes (22 feet in width total per the Agreement), located immediately adjacent (east and west) to the center 16 feet of the arterial roadway.
▪ Approximately 277 feet of the center three lanes (including median) of this street construction (40 feet in width).

2. Storm Drain Main Construction:
▪ Approximately 265 linear feet of 54-inch pipeline, 942 linear feet of 24-inch pipeline and 42 linear feet of 18-inch pipeline
It is appropriate for the City to accept the completed improvements as the previously mentioned improvements have been installed in accordance with City Specifications and conform to current City Standards. Acceptance of a portion of the public improvements required of the Subdivider is permitted per Section 10-2.712.3 of the Madera Municipal Code. The Subdivider has yet to request final acceptance of other eligible improvements, primarily a storm drainage basin and construction of a parallel sanitary sewer main in Pecan Avenue, for reimbursement as described within the Agreement. The Subdivider has previously paid all required fees and provided payment and performance bonds sufficient to cover uncompleted work.

FINANCIAL IMPACT:

Acceptance of this subdivision will result in the transfer of maintenance and resulting costs from the Subdivider to the City.

ALTERNATIVES:

Should the City not accept the completed improvements, the developer will be required to wait until all exterior improvements are completed to make a request for acceptance of all improvements.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Notice of Partial Acceptance

2. Location Map
RESOLUTION NO. 23 - ___

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

CALIFORNIA, ACCEPTING A PORTION OF THE IMPROVEMENTS REQUIRED

TO BE INSTALLED IN CONNECTION WITH IVEYWOOD I SUBDIVISION, AND

AUTHORIZING THE FILING OF A NOTICE OF PARTIAL ACCEPTANCE FOR

SUCH IMPROVEMENTS
WHEREAS, the Subdivider, Joseph Crown Construction and Development, A California Corporation (Subdivider), has requested acceptance for a portion of the improvements for the Iveywood I Subdivision, and has submitted the required Warranty Bond; and WHEREAS, that portion of improvements consists primarily of street and storm drainage improvements along Tozer Street; and
WHEREAS, the City Engineer has certified to this Council that a portion of the required improvements for Iveywood I Subdivision, have been completed.

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 subdivider has completed a portion of improvements for Iveywood I Subdivision, within the following right-of way:
a. Tozer Street – All street and storm drainage improvements between Sunrise and the northerly limits of the subdivision.

3. The City Clerk is hereby authorized and directed to record a Notice of Partial Acceptance as required by Section 10-2.712.2 of the Madera Municipal Code. * * * * *
Recording Requested By:

City of Madera
When Recorded, Return To:

City Clerk
City of Madera
205 W. 4th Street
Madera, CA 93637
______________________________________________________________________________________ Fee Waived Per Section 27383 of the Government Code

NOTICE OF PARTIAL ACCEPTANCE

OF SUBDIVISION IMPROVEMENTS
NOTICE IS HEREBY GIVEN that on May 17, 2023, the City Council of the City of Madera confirmed the satisfactory completion of a portion of the improvements as shown on the plans for Iveywood I Subdivision, described as:
• Approximately 1574 linear feet of north and south travel lanes 22 feet in width located immediately adjacent to the center 16 feet of the arterial roadway. • Approximately 277 feet of the center three lanes (includes median) of this street construction (40 feet in width)
• 265 linear feet of 60-inch pipeline, 942 linear feet of 24-inch pipeline and 42 linear feet of 18-inch pipeline.

Dated: ___________
By: _________________
Alicia Gonzales
City Clerk

Amendment to Agreement with Stantec Architectural, Inc. for design services in the amount of $15,000 for the design of an entrance canopy at the Madera Transit Center (MTC) RECOMMENDATION:

Adopt a Resolution:

1. Approving Amendment No. 2 to the Agreement for Professional Architectural and Engineering Services for a New Entrance Canopy at the Madera Transit Center for $15,000.

2. Approving the extension of the contract term through June 30, 2024.

SUMMARY:

On September 7, 2016, the City Council (Council) approved an agreement with Stantec Architectural, Inc (Stantec) for design and construction services of the MTC for $415,000. During the construction process, Stantec requested additional compensation for services incurred during construction and on April 15, 2020, per Resolution 20-54, Council approved an amendment to this Agreement expanding the scope of services.

Since the completion of the Madera Transit Center, it has been brought to staff’s attention that the east doorway is negatively impacted by inclement weather. This door is routinely used by bus drivers accessing the building. Adding a canopy will provide shade while preventing the door handle from reaching an excessive temperature. It will also provide refuge from the rain.

Currently, staff seeks a second amendment to the Agreement with Stantec to include this additional scope of work and extend the completion term.

It is noted that this item is solely for the design of the canopy, not including the installation.

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DISCUSSION:

The City received a cost proposal for the design and drawings of a new canopy for the MTC (Exhibit 1). The anticipated completion schedule is approximately four weeks for the development of drawings, coordination, and a final review with City staff. The scope of work includes:

1. Architectural and structural drawings for the new canopy and electrical drawings for new mounted lighting.

2. One 1-hour design phase review with City staff.

3. Transmittal of a final ‘for construction’ set of documents to the City for permitting.

Table 1 outlines the fee proposal.

Table 1: Stantec Fee Proposal
Tasks Anticipated Cost
Task 1. Construction Documents $12,000
Task 2. Construction Support $3,000
Total $15,000
On April 19, 2023, Council adopted Resolution No. 23-48 approving the reappropriation of $788,703 of the remaining $839,556 of the Public Transportation Modernization, Improvement, and Service Enhancement Account Program (PTMISEA). The City retained $80,000 of the initially appropriated amount for continued Facility Improvements to the MTC. The requested canopy design and drawings will be procured with these funds.

FINANCIAL IMPACT:

Transit expenses and personnel time is expended through Local Transportation Funds and other Transit-related grants, which are Federal, State, and Local Funds. The Agreement with Stantec for the design of a canopy for the Madera Transit Center will be paid with PTMISEA funds and will not impact the City’s General Fund.

ALTERNATIVES:

As an alternative, Council may:

1. Provide staff with recommendations for the proposed amendment.

2. Request additional information from staff.

ATTACHMENTS:

1. Attachment A – Resolution Approving Amendment No. 2 to Stantec Agreement expanding the scope of services and amending the term of completion.  Exhibit A to Resolution: Amendment No. 2 Agreement between City and Stantec Architectural Inc.
 Exhibit A to Amendment: Stantec Cost Proposal
RESOLUTION NO. _____

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

CALIFORNIA, APPROVING A SECOND AMENDMENT TO AGREEMENT
STANTEC ARCHITECTURE, INC. FOR PROFESSIONAL SERVICES TO THE CITY

OF MADERA FOR NEW ENTRANCE CANOPY AT THE MADERA TRANSIT

CENTER AND EXTENDING THE TIME OF COMPLETION
WHEREAS, on September 7, 2016, the City Council adopted Resolution No. 16-142 approving an agreement with RNL Interplan, Inc.; and
WHEREAS, thereafter the City Council adopted Resolution No. 17-123 consenting to assignment of the agreement to Stantec Architecture, Inc.; and WHEREAS, on April 15, 2022, City Council adopted Resolution No. 17-123 approving Amendment No 1 to the agreement with Stantec Architecture, Inc.; and WHEREAS, staff is recommending an extension of services ($15,000) and term of completion through June 30, 2024, to allow for the design of a New Entrance Canopy at the Madera Transit Center.

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

1. The recitals listed above are true and correct.

2. The Council approves the second amendment to the Stantec Agreement expanding the scope of services to include the addition of an entrance canopy not to exceed an additional $15,000 and a term of completion by June 30, 2024.

3. This resolution is effective immediately upon adoption. *****
Exhibit A
AMENDMENT NO. 2 TO AGREEMENT WITH STANTEC ARCHITECTURE, INC. FOR

PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES TO THE CITY OF

MADERA FOR CONSTRUCTION OF THE NEW TRANSIT OPERATIONS FACILITY This Second Amendment to Agreement for Professional Architectural and Engineering Services for the Construction of the New Transit Operations Facility Project is entered between the City of Madera, a municipal corporation of the State of California, hereinafter called “CITY”, and Stantec Architecture, Inc., hereinafter called "ARCHITECT".

RECITALS
WHEREAS, CITY and RNL Interplan, Inc. entered into agreement dated September 6, 2017 for the new Transit Operations Facility, hereinafter called “the Project”; and WHEREAS, pursuant to a request for consent of assignment, the City Council adopted Resolution No. 17-203 consenting to the assignment of the Agreement to Stantec Architecture Inc. (ARCHITECT); and
WHEREAS, on April 15, 2020, by City Council Resolution No. 20-54 Council approved Amendment No. 1 for Professional Architectural and Engineering Services fro Construction of the Project in the amount of $48,000 and approving acceptance of the Madera Transit Operations Facility City Project No. Trans-1, Federal Transit Administration Grant Project No. CA-90-Z193-02, PTMISEA Grant, New Transit Facility, filing Notice of Completion, and releasing retention funds; and
WHEREAS, upon completion of the new Transit Operations Facility, it was determined the addition of a Canopy was necessary to address safety issues at the east doorway of the Facility the additional work is required and agreed to by the Parties; WHEREAS, CITY and ARCHITECT wish to amend the Agreement to increase compensation for the Design of the Canopy installation in accordance with Section 24 of the Agreement.

AGREEMENT
Based on the foregoing recitals, the Parties hereto mutually agree as follows:

SECTION 1. Section 5 of the Agreement titled “Extra Services” is hereby amended by adding text at the end of current text to read as follows:

Exhibit A

5. EXTRA SERVICES:

Notwithstanding the above, the Parties agree to Extra Services not contemplated hereunder, as set forth in letter proposal from Stantec dated March 20, 2023, relating to “Design and Engineering Services for New Entrance Canopy at the Transit Facility which is attached hereto and incorporated by reference as Exhibit A to this Amendment. ARCHITECT shall be compensated for such Extra Services in accordance with the Fee Proposal which is part of Exhibit A with said fee not to exceed the amount of $15,000.

SECTION 2. Section 11 of the Agreement titled “Time of Completion” is hereby amended to read as follows:

11. Time of Completion
A. Based on a Notice to Proceed date of May 18, 2023, ARCHITECT’S architectural and engineering services to complete the design and engineering services for New Entrance Canopy at the Madera Transit Center shall be completed by June 30, 2023. This agreement shall expire on June 30, 2023.

SECTION 3. Except as amended by this Amendment No. 2, all other terms and conditions of the Agreement remain in full force and effect.

SECTION 4. This Amendment No. 2 to Agreement shall be effective upon full execution by both Parties.

CITY OF MADERA STANTEC ARCHITECTURE, INC.

By: _________________________ By: _____________________________ Santos Garcia, Mayor Patrick M. McKelvey, Senior Principal Date: ____________________________
Taxpayer I.D. Number: ______________
Date: _______________________
APPROVED AS TO FORM:

By:
____________________________
Hilda Cantu Montoy, City Attorney
ATTEST:
______________________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number:

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

Second Reading and Adoption of an Ordinance to Rezone Property Located on 308 North 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 adopt 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 North 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.

B-11
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)
ATTACHMENT 3
Planning Commission Resolution No. 1953

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 Exhibit A: Existing Zone
Exhibit A: Proposed Zone
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 17, 2023
_________________________________ Agenda Number: __________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance for the Arc Fresno/Madera Counties Project Prezone (REZ 2022-02) for Purposes of Facilitating Annexation to the City of Madera in Accordance with Annexation Application ANX 2022-03.

RECOMMENDATION:

1. Waive full reading and adopt an Ordinance of the City Council approving REZ 2022-02 amending the official City of Madera Zoning Map to prezone the approximately 242 acre “Arc Annexation Area” generally bound by Martin Avenue on the north, North D Street on the East, Adell and Ellis Streets on the south, and the existing United States Bureau of Reclamation Canal and Road 26 on the west.

2. Adopt a resolution of the City Council initiating an application to the Madera Local Agency Formation Commission (LAFCo) for a change of organization of territory in accordance with Annexation ANX 2022-03.

SUMMARY:

This is the second reading of the ordinance for REZ 2022-02 which was introduced by the Council on April 19, 2023. The applicant, The Arc Fresno/Madera Counties, is requesting a General Plan amendment (GPA 2022-03), and the prezoning (REZ 2022-02) and annexation (ANX 2022-03) of approximately 242 acres for the purpose of constructing and operating a new Intellectual and Development Disability Center (IDDC) at 16482 Road 26 (Assessor’s Parcel Number [APN] 038-060-018)) herein referenced as the “Arc development site.” The 2.1-acre Arc development site is approximately 320 feet north of the intersection of Ellis Street and Road 26 and approximately 1,800 feet (0.35 miles) north of the City limits. See Attachments 1 and 2 for annexation boundaries and Attachment 3 for a list of affected parcels.

The proposed annexation requires a series of actions by the City and the Madera Local Agency Formation Commission (LAFCo). LAFCo is the lead agency for annexations of properties into the City. Prezoning is required as a precursor to submitting an application for annexation of the site with LAFCo. State law requires that a proposed annexation to a city must be consistent with the General Plan (GP) and the prezoning set by the city. The LAFCo process may be started following City Council adoption of the proposed ordinance to prezone the Arc Annexation Area. The LAFCo process may be initiated by a petition of either landowners, registered voters, or a City. A Resolution of the City Council must accompany a City B-12
petition for annexation as prescribed in California Government Code 56700. An overview of the proposed project is provided in Table 1 below.

Table 1: Project Overview
Project Number: GPA 2022-03, REZ 2022-02, ANX 2022-03
Applicant: Arc Fresno/Madera Counties, Inc
Property Owner: Various
Location: North of existing City limits; generally bounded by an existing USBR canal and Road 26 to the west, Martin Street to the north, North D Street to the east, and Adell and Ellis Streets to the south
Project Area: Approximately 242 acres
Planned Land
Use:

Existing - Various (see Exhibit A of Attachment 9); Proposed - Various (see Exhibit A of Attachment 9)
Zoning District: Existing – County of Madera, Various (see Attachment 4); Proposed – City of Madera, Various (see Exhibit A of Attachment 10)
Site
Characteristics
Annexation area is a mix of undeveloped and developed parcels. Majority of the developed parcels consist of rural residential uses and existing school facilities.

Non-residential uses include a County drainage ponding basin located in the central portion of the annexation area and a commercial facility located along the east side of Road 26. The largest use developed within the annexation area includes the Matilda Torres High School, Jack G. Desmond Middle School, and Nishimoto Elementary School combined campus located at the north end of the area of annexation.

BACKGROUND:

The proposed 242-acre annexation area is a mix of undeveloped and developed parcels. A majority of the developed parcels consist of rural residential uses and existing school facilities. Non-residential uses include a County drainage ponding basin located in the central portion of the annexation area and a commercial facility located along the east side of Road 26. The largest developed land use within the annexation area is the 93.13-acre combined Matilda Torres High School, Jack G. Desmond Middle School, and Nishimoto Elementary School campus located at the north end of the area of annexation (see Attachment 2). The proposed annexation area is generally surrounded by unincorporated property composed of commercial uses and single-family residences to the west, single family residential uses to the north and east. Lands to the south, within the City limits which form the southern boundary of the annexation area, are comprised of a mix of commercial developments, vacant lands, and rural and urban residential properties, as well as a portion of the Sherman Thomas school campus.

As an area currently outside the jurisdiction of the City, zoning and development entitlements for properties located within the proposed annexation area currently fall under the jurisdiction of the County of Madera. Current County zoning districts for the affected annexation properties are shown in Attachment 4. Table 2 below summarizes the existing development/uses, and the General Plan land use designations and zoning districts surrounding the proposed annexation area. The General Plan designations identified in Table 2 represent the City’s General Plan land use designations surrounding the proposed annexation area. The zoning districts identified in Table 2 include both City and County zone district based on where the annexation boundary abuts the existing City limits or unincorporated property.

Table 2: Bordering Site Information
Direction Existing Use General Plan Designation Zone District North Residential Low Density Residential AR-5 (County) Table 2: Bordering Site Information
East Residential Low Density Residential AR-5, RRS (County) South Residential, Commercial
Businesses, Sherman
Thomas Charter School
Low Density Residential,
Medium Density
Residential, Office,
Commercial
RRM (County)
PD (6000), PD (4500), R1, C1
(City)
West USBR Canal, Commercial
Businesses
Resource
Conservation/Agriculture,
Low Density Residential,
Commercial
MHA, OS, CRM (County)
CRM – Commercial, Rural, Median (County)
MHA – (Overlay) Manufactured Housing Architectural Review Overlay (County) RRM – Residential, Rural, Multiple Family (County)
OS – Open Space (County)
RRS – Residential, Rural, Single Family (County)
PD (6000) – Planned Development (One Unit per each 6,000 sf of site area) PD 4500 – Planned Development (One Unit per each 4,500 sf of site area) R1 – (One Unit per each 6,000 sf)
C1 – Light Commercial
General Plan Amendment 2022-03
GPA 2022-03 proposes to amend the Arc development site’s (APN 038-060-018) General Plan land use designation from MD (Medium Density Residential) to HD (High Density Residential) to enable the proposed IDDC to be constructed and operate on the Arc development site. GPA 2022-03 also proposes to amend the General Plan land use designation of the southern five acres of the Jack G. Desmond Middle Schoolsite (APN 038-010-026) from OS (Open Space) to P&SP (Other Public & Semi-Public Uses) consistent with the land use designation of the northern portion of the school site. See Exhibit A of Attachment 9 for the City of Madera existing and proposed General Plan Land use designations for the Arc development site and affected annexation area.

Prezone 2022-02
The project site is currently outside the City limits. Current zoning of the project site is subject to the County of Madera. The County has zoned the majority of annexation area property AR-5 - Agricultural Rural, Five Acre) District. Properties between Road 26 and the USBR canal are zoned RRM – Residential, Rural, Multiple Family District. The southwest section of the Matilda Torres High School site and the properties immediately south of the High School, adjacent to Road 26 and the northern one-third of the County’s drainage basin south of the High School are zoned CRM – Commercial, Rural, Medium District (see Attachment 4).

The proposed annexation area must be prezoned before an annexation request can be filed with LAFCo.

Pursuant to Government Code Section 65859(a), “[A] city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city. The zoning shall become effective at the same time that the annexation becomes effective.” The City is required to ensure a prezone request is consistent with the General Plan. REZ 2022-02 proposes to prezone the Arc development site to R3 (One unit per each 1,800 square feet (sf)) and prezone the Jack G. Desmond Middle School PF (Public Facilities) consistent with the land use amendments proposed under GPA 2022-03. The remaining properties to be annexed into the City as a part of the project would be prezoned as well, consistent with the respective City’s General Plan land use designation assigned to those individual properties. The proposed prezoning districts for the affected annexation properties are shown in Exhibit A of Attachment 10.

Annexation 2022-03
ANX 2022-03 proposes to annex the 2.12-acre Arc development site and 51 additional parcels, representing approximately 242 acres combined, into the City, consistent with LAFCo’s request to define and establish a logical annexation territory pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

The proposed 242-acre annexation area is generally bounded by Martin Street to the north, North D Street to the east, Adell and Ellis Streets to the south, and the USBR canal and Road 26 to west. A listing of all affected parcels is included as Attachment 3. Please note, where Road 26 enters the City limits, it is identified as Country Club Drive. Road 26 within the limits of the annexation area would be renamed Country Club Drive upon approval of the annexation by LAFCo.

The proposed annexation area is located within the City’s Urban Growth Area and Sphere of Influence and is consistent with the General Plan as proposed to be amended pursuant to GPA 2022-03. The proposed development of the Arc development site would be compatible with the proposed General Plan land use designation for the Arc development project site as proposed pursuant to GPA 2022-03 and the surrounding area. On this basis, the Planning Commission (Commission) has made the necessary findings determining the proposed project is consistent with the General Plan.

City Council (Council) approval of ANX 2022-03 would initiate the request to LAFCo to undertake proceedings for the Arc Annexation. If the Council approves the project entitlements, LAFCo will review and take action on the proposed annexation. If the annexation is approved by LAFCo, a certificate of completion will be issued, which would make the annexation effective 30 days after approval. At that time, Road 26 within the limits of the annexation area would be renamed Country Club Drive.

Plan of Services
The proposed annexation area has already experienced some urban development and City improvements, and is planned for development by the City’s Master Sewer, Water and Transportation/Circulation Plans.

Within the proposed annexation area, existing City water facilities are located beneath Road 26, Martin Street, North D Street, approximately 1,000 feet of Ellis Street west of North D Street, and approximately 1,500 feet of Adell Street west of North D Street. Existing City sewer facilities within the annexation area are located beneath Ellis Street, Road 26 north of Ellis Street, North D Street, approximately 1,700 feet of Martin Street west of North D Street, and Road 26 (Country Club Drive) south of Adell Street. City water and sewer improvements serve the 93.13-acre combined Matilda Torres High School, Jack G. Desmond Middle School, and Nishimoto Elementary School campus.

The annexation area also includes previously developed storm drainage infrastructure. Both Road 26 and Ellis Street contain storm drain inlets within the annexation area that presently drain to an existing County Drainage basin located approximately 600 feet east of the Road 26 and Ellis Street intersection. This basin collects storm runoff from the surrounding area. City water, sewer, and storm drainage infrastructure would be extended, consistent with City standards, as development occurs within the annexation area.

Fire, emergency, medical, and police protection services for the annexation area are presently provided by the County of Madera and augmented through contracts and agreements with other agencies and service providers, including the City of Madera. The County of Madera has a contract with CalFire to provide management and staffing of the County’s fire stations and equipment. Madera City Fire Station 58 is located approximately 1.20 miles to the southwest of the Arc annexation area and Madera County Fire Station 1 is located approximately 2.75 miles to the southeast of the Arc annexation area. The annexation would place the area under the jurisdiction of City services; however, the existing mutual agreement would allow for County services to respond to emergency events within the annexation area.

ENVIRONMENTAL REVIEW:

The proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The City prepared an initial study and, on that basis, determined that the proposed project will not have significant adverse effects on the environment and that a Negative Declaration could be prepared. See Attachment 5 for The Arc Fresno/Madera Counties Initial Study/Negative Declaration. The Initial Study/Negative Declaration (IS/ND) was published for a 30-day public review and comment period commencing on November 19, 2022, and ending on December 19, 2022. Comments were received from the California Highway Patrol (CHP), Pacific Gas & Electric Company (PG&E), Madera Irrigation District (MID), Caltrans, and the San Joaquin Valley Air Pollution Control District (SJVAPCD). See Attachment 6 for comment letters received.

Comments from CHP and PG&E indicated that the project would not have an impact on their facilities.

MID also indicated that the project would have no impact and that the canal abutting the Arc development site to the west was owned by the USBR and operated by MID.

Comments from Caltrans stated that the construction and the operation of the Arc facility would not have an impact on their facilities; however, the overall annexation area may have an impact. Caltrans requested that a traffic analysis be completed analyzing the impact of development planned throughout the annexation area according to each parcel’s prezoning designation. Based on a subsequent meeting between Caltrans and the City on January 19, 2023, Caltrans subsequently retracted the request for a traffic analysis to be completed in association with the project. The retraction was based on the mutual understanding the land use intensity within the annexation area was not going to increase beyond what is anticipated in accordance with the General Plan as a result of the project; and, any attempts at such analyses, beyond the scope of analyses performed for purposes of the General Plan, would be too speculative at this time. There are two sites that would experience a change in their land use designation as a result of the project. The first site is the Arc’s property, which Caltrans confirmed would not require additional traffic analysis due to the size of the project. The other site undergoing a land use change is the southern five-acre portion of Jack G Desmond Middle School site (APN 038-010-026) already developed asschool athletic fields. This site is currently planned as Open Space and would be amended to be planned for Other Public and Semi-Public Uses, consistent with the rest of the combined school campus. The remaining parcels within the annexation area would be prezoned to be consistent with their respective General Plan land use designation, remaining consistent with their currently planned intensity. As they develop, individual projects within the annexation area will be required to complete any applicable project specific or cumulative environmental and traffic analyses necessary for CEQA compliance based upon the timing and project proposed.

Comments from the SJVAPCD noted that neither the annexation, nor the construction of the Arc facility, would have an impact on air quality resources; however, future development within the annexation area could result in impacts to air quality resources. Individual projects within the annexation area would be required to complete any applicable environmental analyses depending on the extent of the project being proposed, including required air quality analysis.

Based on the initial study and review of all items in the record, there is no substantial evidence that this project may have a significant direct, indirect or cumulative effect on the environment. As a result, a negative declaration is appropriate for this project.

PLANNING COMMISSION REVIEW:

The Commission held a public hearing on February 21, 2023 to consider GPA 2023-03, REZ 2022-02 and ANX 2022-03. The Commission also considered the applicant’s request for a use permit (CUP 2022-07) and a site plan review (SPR 2022-07), both of which are required to authorize the construction and operation of the proposed IDDC at 16482 Road 26 (Arc Development Site).

On a 7-0 vote, the Commission adopted Resolution No. 1941 recommending the Council adopt the Negative Declaration ENV 2022-03, and approve GPA 2022-03, and REZ 2022-02 (see Attachment 7).

Additionally, the Commission, on a 7-0 vote, adopted Resolution No. 1940, recommending the Council initiate annexation of the proposed 242-acre annexation area (see Attachment 8). Finally, on a 7-0 vote, the Commission approved Resolution No. 1942, contingently approving CUP 2022-07 and SPR 2022-12, which would allow for the construction and operation of the IDDC. Approval of CUP 2022-07 and SPR 2022-12 are contingent on Council adopting the ENV 2022-03, approving GPA 2022-03 and REZ 2022-02, and Council adopting a Resolution initiating annexation of the 242 acres.

PUBLIC NOTICE:

Public notification consisted of posting the agenda, with the agenda items being listed, at least 72 hours prior to the meeting and publishing a notice in the local newspaper (Madera Tribune) and notification by mail to property owners within at least a 300-foot radius of the proposed annexation boundary.

FISCAL IMPACT:

The applicant paid entitlement fees in accordance with the City’s adopted Master Fee Schedule to offset the costs associated with processing this General Plan amendment, annexation, prezone, site plan review, conditional use permit, and supporting environmental determination. Additional fees will be required from the Engineering and Building Departments in conjunction with final approval of civil improvement plans and building plan check and permitting. With development of the approved facility, the developer will pay development impact fees toward supporting City infrastructure and services.

ALTERNATIVES:

As an alternative, the Council may elect to:

1. Move to refer the item back to staff and/or continue the public hearing to a future Council meeting at a date certain with direction to staff to return with an updated staff report, resolution and/or ordinance.

2. Provide staff with other alternative directives.

ATTACHMENTS:

1. Vicinity Map

2. Aerial Photo

3. Affected Parcels

4. Madera County Zoning District Map

5. Initial Study/Negative Declaration (ENV 2022-03)

6. Public Comment Letters Received
California Highway Patrol
Pacific Gas and Electric Company
Madera Irrigation District
Caltrans
San Joaquin Valley Air Pollution Control District

7. Planning Commission Resolution No. 1941

8. Planning Commission Resolution No. 1940

9. City Council Resolution 23-38 (ENV 2022-03 and GPA 2022-03) Exhibit “A”: General Plan Land Use Map Amendments (Existing and Amended)

10. Ordinance of the City Council (REZ 2022-02)
Exhibit “A”: Prezone District Map

11. Resolution Initiating Annexation for ANX 2022-03
Exhibit “A”: Arc Annexation Area
ATTACHMENT 1
Vicinity Map

N LAKE ST

N GRANADA DR

LANE DR
N D ST

SHARON BVD

NOREEN WAY

CRESCENT DR
AVON
WY

DEVON WY

RODEO DR

MELBA DR E

FLUME ST

TREMAINE
AVE

MATEO WY
STEP
H

ANIE LN

W CENTRAL AVE
CIRCLE
DR

HONDA RD

FOXGLOVE WAY

LYNN WAY

SAN RAMON

N GATEWAY DR

RUSH ST
CAMDEN
DR

RIVERSIDE DR

CANAL WY

TANFORAN DR

HALEY WY

WALDEN DR

FLORENCE WY
AVE 17 3/4

E LINCOLN AVE

GARFIELD

PROSPECT
DR

E SOUTH ST

NEBRASKA AVE

DELLAVALLE AVE

LA BREA AVE

BROOK DR EAST

TAMARISK DR

E ADELL ST

NEBRASKA ST

TEMPLE DR

KROHN ST

MELBA DR

DILLON WY APOLLO CT

PICKFORD DR

AIKEN ST

CARDWELL ST

BERKELEY DR

EDDY WY

WABASH R

BROOK DR

ELLIS ST

OWENS ST

W SOUTH ST

PHILIP ST

JAMES WAY

OPHIR DR

SCOTT WY

RIDGE WY

TAYLOR LANE

E RUSH ST

PIED PIPER LN

WILSON AVE

E CLARK

REXFORD DR

BEDFORD
DR

AUSTIN ST

FAIRVIEW ST

LAKE ST

FRESNO ST

E CLEVELAND AV

MARTIN ST

W CLARK ST

W SHERWOOD WAY

ADELL ST
?Î
0 500 1,000
Feet
Proposed Annexation Boundary
City Limit
G:\Madera City of-1021\1021 Madera On-Call Planning\102120001-Madera On-Call Planning\400 GIS\OnGoing_GIS\Madera_OnGoing_GIS.aprx o
Prepared By
The Arc
Vicinity Map
ATTACHMENT 2
Aerial Photo
Nearmap Imagery
AVE 17
RD 26

ELLIS ST
N D ST

LAKE ST

MARTIN ST

ADELL ST
0 500 1,000
Feet
Proposed Annexation Boundary
City Limit
The Arc o
Prepared By
Aerial Map
G:\Madera City of-1021\1021 Madera On-Call Planning\102120001-Madera On-Call Planning\400 GIS\OnGoing_GIS\Madera_OnGoing_GIS.aprx ATTACHMENT 3
Affected Parcels
APN Acres1
Existing Conditions
City of Madera
General Plan
Land Use
Designation
Madera
County
Zoning
District
Use
038-010-018 0.36 P&SP AR-5 Matilda Torres High School
038-010-019 4.10 P&SP AR-5 Matilda Torres High School
038-010-020 2.42 P&SP AR-5 Matilda Torres High School
038-010-021 19.33 P&SP CRM Matilda Torres High School
038-010-025 16.36 P&SP AR-5 Nishimoto Elementary School 038-010-026 20.14 P&SP AR-5 Jack G. Desmond Middle School 038-010-029 10.10 P&SP AR-5 Matilda Torres High School
038-010-030 9.90 P&SP AR-5 Matilda Torres High School
038-010-031 4.61 P&SP AR-5 Matilda Torres High School
038-010-032 4.64 P&SP AR-5 Matilda Torres High School
038-010-033 1.82 P&SP AR-5 Matilda Torres High School
038-060-018 2.04 MD RRM Vacant
038-060-019 0.46 MD RRM Rural Residential
038-060-020 1.04 MD RRM Rural Residential
038-060-030 0.95 MD RRM Rural Residential
038-060-031 1.30 MD RRM Vacant
038-070-003 0.71 LD CRM Tire Shop
038-070-004 6.19 LD AR-5 Rural Residential
038-070-007 8.63 LD AR-5 Rural Residential
038-070-008 5.63 LD AR-5 Rural Residential
038-070-009 0.98 LD AR-5 Rural Residential
038-070-010 1.00 LD AR-5 Rural Residential
038-070-011 1.06 LD AR-5 Rural Residential
038-070-013 0.84 LD AR-5 Rural Residential
038-070-014 1.48 LD AR-5 Vacant
038-070-015 2.35 LD AR-5 Kingdom Hall of Jehovah’s Witnesses 038-070-016 2.96 LD AR-5 Rural Residential
038-070-017 2.01 LD AR-5 Rural Residential
038-070-018 4.90 LD AR-5 Rural Residential
038-070-019 5.08 LD AR-5 Vacant
038-070-020 0.84 LD AR-5 Vacant
038-070-021 0.89 LD AR-5 Vacant
038-070-023 4.79 LD CRM Rural Residential
038-070-024 2.38 LD CRM Mixed Commercial
038-070-025 5.37 LD CRM/AR-5 County Drainage Basin
038-070-026 8.93 LD AR-5 Ezequiel Tafoya Alvarado Academy 038-081-001 7.92 LD AR-5 Vacant
038-100-002 11.87 LD AR-5 Vacant
038-100-003 1.43 LD AR-5 Rural Residential
038-100-004 2.54 LD AR-5 Rural Residential
038-100-005 2.63 LD AR-5 Rural Residential
038-100-006 2.62 LD AR-5 Vacant
038-100-007 2.73 LD AR-5 Rural Residential
038-100-008 4.75 LD AR-5 Vacant
038-100-009 3.24 LD AR-5 Sherman Thomas Charter High School APN Acres1
Existing Conditions
City of Madera
General Plan
Land Use
Designation
Madera
County
Zoning
District
Use
038-100-010 2.14 LD AR-5 Sherman Thomas Charter High School 038-110-023 0.60 MD RRM Rural Residential
038-110-024 0.66 MD RRM Rural Residential
038-110-025 0.83 MD RRM Vacant
038-110-026 0.89 MD RRM Rural Residential
038-110-027 0.36 MD RRM Rural Residential
038-110-028 1.00 MD RRM Vacant
Subtotal 212.8 - - - 1
Does not include public rights of way.

ATTACHMENT 4
Madera County Zoning District Map

ATTACHMENT 5
Initial Study/Negative Declaration (ENV 2022-03)
The Project Initial Study/Negative Declaration is posted on the City’s website on the Planning Department page under Current Projects and Environmental Review at the following website address:
https://www.madera.gov/home/departments/planning/.

A hardcopy of the Project Initial Study/Negative Declaration is also available to be viewed at the City of Madera Planning Department at 205 W. 4th Street, Madera, CA 93637 (Madera City Hall).

ATTACHMENT 6
Public Comment Letters Received
California Highway Patrol
Pacific Gas and Electric Company
Madera Irrigation District
Caltrans
San Joaquin Valley Air Pollution Control District
PC 04/5/2023 (GPA 2022-03, ANX 2022-03, REZ 2022-02, CUP 2022-07, SPR 2022-12 – The Arc Fresno/Madera Counties) 1 PC 04/5/2023 (GPA 2022-03, ANX 2022-03, REZ 2022-02, CUP 2022-07, SPR 2022-12 – The Arc Fresno/Madera Counties) 2 PC 04/5/2023 (GPA 2022-03, ANX 2022-03, REZ 2022-02, CUP 2022-07, SPR 2022-12 – The Arc Fresno/Madera Counties) 3

ATTACHMENT 7
Planning Commission Resolution No. 1941

Commissioner's Rohi Zacharia, Balwinder Singh, Saim Mohammad, Jose Eduardo Chavez, Bobby Sheikh, Vice Chairperson Ramon Lopez, Chairperson Robert Gran Jr.

None
None
None

Exhibit “B” Proposed Prezoning (REZ 2022‐02)
ATTACHMENT 8
Planning Commission Resolution No. 1940

Commissioner's Rohi Zacharia, Balwinder Singh, Saim Mohammad, Jose Eduardo Chavez, Bobby Sheikh, Vice Chairperson Ramon Lopez, Chairperson Robert Gran Jr.

None
None
None

ATTACHMENT 9
City Council Resolution
(ENV 2022-03 and GPA 2022-03)
Including:

Exhibit “A”: General Plan Land Use Map Amendments
(Existing and Amended)
RESOLUTION NO. 23-38

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ADOPTING ENV 2022-03 (NEGATIVE DECLARATION) AND APPROVING GPA 2022-03 FOR THE

ARC FRESNO/MADERA COUNTIES PROJECT
WHEREAS, State law requires that local agencies adopt General Plans containing specific mandatory elements; and
WHEREAS, the City of Madera (City) has adopted a Comprehensive General Plan Update and associated Environmental Impact Report, and the City is currently in compliance with State mandates relative to Elements of the General Plan; and
WHEREAS, State law provides for periodic review, updates, and amendments of its various plans; and
WHEREAS, The Arc Fresno/Madera Counties has submitted an application for a General Plan Amendment (GPA 2022-03), Prezone (REZ 2022-02), Annexation (ANX 2022-03), Use Permit (CUP 2022- 07) Site Plan Review (SPR 2022-01) and associated environmental review (ENV 2022-03) for approximately 242 acres for the purpose of constructing and operating a new Intellectual and Development Disability Center ("Project"); and
WHEREAS, the requested General Plan Amendment (GPA 2022-03) consists of amendments to the General Plan Land Use Plan. The amendment would amend the land use designation of Madera County Assessor's Parcel (APN) 038-060-018 from MD (Medium Density Residential) to HD (High Density Residential) and approximately 5 acres of APN 038-010-026 from OS (Open Space) to P&SP (Other Public & Semi-Public Uses) as further shown in Exhibit "A"; and WHEREAS, GPA 2022-03 is being considered in conjunction with Prezone 2022-02 (REZ 2022-02) to provide the required consistency between the General Plan and the Zoning Ordinance; and WHEREAS, the proposed General Plan amendment and prezoning are compatible with the neighborhood and are not expected to be detrimental to the health, safety, peace, comfort or general welfare of the neighborhood or the City; and
WHEREAS, the City of Madera, acting as the Lead Agency prepared an Initial Study/Negative Declaration (IS/ND) (ENV 2022-03) pursuant to the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000, et seq., the Guidelines for implementation of CEQA, Title 14 California Code of Regulations, Chapter 3, Section 15000, et seq., and the Madera Municipal Code for the Project, including all entitlement proposed for the Project; and WHEREAS, the IS/ND and , related Project entitlements were distributed for public review and comment to various local, state and federal agencies, and groups, and public notice of this public hearing was given by mail and published notice, in accordance with applicable State and Municipal Codes and standard practices; and
WHEREAS, the Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code; and WHEREAS, under the City's Municipal Code and State Planning and Zoning Law, the City Council (Council) may take action on amendments to the General Plan and prezones on behalf of the City after review and recommendation by the Planning Commission; and WHEREAS, the City of Madera Planning Commission has reviewed the IS/ND prepared for the project, as well as GPA 2022-03, and adopted Planning Commission Resolution No. 1941 recommending City Council adopt the Negative Declaration, and approve GPA 2022-03; and WHEREAS, the City provided notice of the Council hearing as required by law; and WHEREAS, the Council received and independently reviewed and considered the information contained in the IS/ND and GPA 2022-03 at a duly noticed meeting on April 5, 2023; and WHEREAS, at the April 5, 2023 Council hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council; and WHEREAS, after due consideration of all the items before it, the Council now desires to adopt this Resolution to adopting the IS/ND prepared for the project, as well as GPA 2022-03.

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Madera as follows:

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

2. CEQA: The Council finds an environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental analysis necessitated a thorough review of the proposed project and relevant environmental issues. Based on this review and assessment, the Council finds there is no substantial evidence in the record that this project may have a significant direct, indirect or cumulative effect on the environment, and that a Negative Declaration is appropriate for this project. The Council further finds the Initial Study and Negative Declaration were timely and properly published and notices as required by CEQA. As such, the Council adopts a Negative Declaration for the Project by approving ENV 2022-03.

3. General Plan Findings: The Council finds that GPA 2022-03 is consistent with the General Plan goals, policies and objectives and does not adversely affect the implementation of the General Plan with respect to surrounding properties. Among others, the project is consistent with General Plan Policy SUS-13, which states that "the City shall support the location and continued operation of local businesses that supply goods and services needed in Madera". The proposed amendment consists of minor updates to the General Plan Land Use Plan while providing The Arc Fresno/Madera Counties a location to expand their operations within the City.

4. Approval of GPA 2022-03: Based on the evidence in the record, the Council approves GPA 2022-03 by amending the General Plan land use designation of APN 038-060-018 from MD (Medium Density Residential) to HD (High Density Residential) and the approximately 5-acre southern portion of APN 038-010-26 from OS (Open Space) to P&SP (Other Public & Semi-Public Uses) as shown in Exhibit "A."

5. Effective Date: This Resolution shall become effective immediately. * * * * *
Exhibit "A": General Plan Land Use Map Amendments
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of April 2023 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

ATTEST:

Mayor Garcia, Councilmembers Gallegos, Rodriguez, Montes, Evans, Mejia and Villegas.

None.

APPROVED:

Exhibit “A”
General Plan Amendment (GPA 2022-03)
General Plan Land Use Designations - Existing
General Plan Land Use – Amended/New
ATTACHMENT 10
Ordinance of the City Council (REZ 2022-02)
Including:

Exhibit “A”: Prezone District Map
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING REZ 2022-02 AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO PREZONE THE APPROXIMATELY 242 ACRE “ARC ANNEXATION AREA” BOUNDED

BY MARTIN STREET ON THE NORTH, NORTH D STREET ON THE EAST, SOUTH TO

ELLIS STREET AND A PORTION FURTHER SOUTH TO ADELL STREET, AND WEST BY THE UNITED STATES BUREAU OF RECLAMATION CANAL AND ROAD 26 WHEREAS, The Arc Fresno/Madera Counties submitted an application for a General Plan Amendment (GPA 2022-03), Prezone (REZ 2022-02), Annexation (ANX 2022-03), Use Permit (CUP 2022- 07), Site Plan Review (SPR 2022-01) and associated environmental review (ENV 2022-03) for approximately 242 acres for the purpose of constructing and operating a new Intellectual and Development Disability Center (“Project”); and
WHEREAS, annexation requires the prezoning of all parcels subject to the annexation; and WHEREAS, the requested REZ 2022-02 proposes to prezone the properties within the boundaries of ANX 2022-03 presently within the County of Madera in accordance to their General Plan Land Use designation pursuant to GPA 2022-03 as shown in Exhibit “A” attached hereto (“Arc Annexation Area”); and
WHEREAS, an Initial Study/Negative Declaration (IS/ND) (ENV 2022-03) was previously adopted by the City Council for the Project pursuant to the California Environmental Quality Act (CEQA), which included REZ 2022-02; and
WHEREAS, the City of Madera Planning Commission has reviewed REZ 2022-02, and adopted Planning Commission Resolution No. 1940 recommending City Council adopt the REZ 2022-02; and WHEREAS, at the April 5, 2023 Council hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council, and the City Council introduced this ordinance to approve REZ 2022-02; and
WHEREAS, after due consideration of all the items before it, the Council now desires to adopt this ordinance and approve REZ 2022-02.

THE CITY COUNCIL OF THE CITY OF MADERA ORDAINS AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

SECTION 2. Based on the testimony presented at its public hearing and all of the evidence in the record, the City Council finds that REZ 2022-02 i) is consistent with the General Plan goals, objectives, and policies, and will provide the required consistency between the General Plan, as amended, and zoning; 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; iii) is necessary to promote public necessity, convenience, general welfare, and good zoning practices; iv) the project would provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements; v) City services are either available or can be extended to serve the area; and vi) adoption is in the best interests of the City. REZ 2022-02 shall result in the prezoning of each property within the approximately 242-acre Arc Annexation area according to its General Plan land use designation, including those amended by GPA 2022-03. Such determinations are based on the administrative record including the following:
a) General Plan Consistency. Under REZ 2022-02, approximately 242 acres would be prezoned according to each affected property’s General Plan land use designation, including those amended under GPA 2022-03. This would create consistency with between the General Plan land use diagram and the City’s official zoning map. As a result, the project is consistent with General Plan Policy LU-32, which states “zoning shall be consistent with the General Plan land use designation”.

REZ 2022-02 promotes consistency with the General Plan, its land use designations, and its goals and policies.
b) The prezone will promote and protect the public’s health, safety, peace, comfort, convenience, and general welfare. As discussed above, REZ 2022-02 would create consistency between the General Plan and zoning. The project would promote the public welfare including providing opportunities for housing development, jobs, convenience of access, aesthetic values, protection of environmental values, protection of public and private improvements, etc. c) City Services. As discussed in the Initial Study/Negative Declaration, City services are available or can be made available to serve the area. City staff has reviewed and determined that the availability of City services within the Arc Annexation area would not be a roadblock to future development of the area.

SECTION 3. Given that all of the findings can be made, the City Council approves REZ 2022-02 to prezone the Arc Annexation area, an approximately 242-acre area bounded by Martin Street to the north, North D Street to the east, to the south by Ellis Street and a portion further south by Adell Street, and to the west by the United States Bureau of Reclamation Canal and Road 26. The City Council hereby amends the City of Madera Zoning Map as illustrated in Exhibit “A”, which is attached and incorporated by reference, and which indicates the segment of the City of Madera Zoning Map to be amended. To the extent not already annexed, territory annexed to the City subject to REZ 2022-02 shall be automatically added to the City’s official zone map. Pre-zoning shall be recorded on the official map in the same manner as change of zoning district amendments, but shall be identified by the use of parentheses enclosing the district symbols. Such pre-zoning classification shall become effective zoning of the property at the same time that the annexation becomes effective.

SECTION 4. Based on the testimony and information presented at its public hearing, the City Council finds that the City previously prepared and adopted an Initial Study/Negative Declaration for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. The Initial Study/Negative Declaration identified that several approvals were included within the scope of the project, including a prezone and annexation.

Preparation of the environmental analysis necessitated a thorough review of the proposed project and relevant environmental issues. Based on this review and assessment, the City Council finds there is no substantial evidence in the record that this project may have significant direct, indirect, or cumulative effects on the environment, and that a Negative Declaration is appropriate for this project. The City Council further finds the Initial Study/Negative Declaration wastimely and properly published and noticed as required by CEQA. As such, the City Council finds that REZ 2022-02 has been fully assessed in accordance with CEQA, no subsequent review is required under CEQA Guidelines Section 15162, and no further action or review is required under CEQA.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.

SECTION 6. The City Clerk shall publish this ordinance pursuant to Government Code section 36933.

SECTION 7. Unless the adoption of this amendment to the Zoning Map is lawfully stayed, thirty-one (31) days after adoption 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 adoption of this revision and be signed by the Planning Manager and City Clerk.

SECTION 8. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.
* * * * *
Exhibit “A” – Prezone District Map
Exhibit “A”
Prezone District Map
ATTACHMENT 11
Resolution Initiating Annexation for ANX 2022-03
Including:

Exhibit A – Arc Annexation Area
01236.0501/890549.1
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA INITIATING

ANNEXATION AND REQUESTING THE LOCAL AGENCY FORMATION

COMMISSION TO TAKE PROCEEDINGS FOR THE CHANGE OF ORGANIZATION

FOR THE ARC FRESNO/MADERA COUNTIES PROJECT
(ANNEXATION NO. ANX 2022-03)
WHEREAS, the City of Madera desires to initiate proceedings, pursuant to the CorteseKnox-Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; and
WHEREAS, Government Code section 56654 provides that “[a] proposal for a change of organization or a reorganization may be made by the adoption of a resolution of application by the legislative body of an affected local agency . . . [;]” and WHEREAS, the specific changes of organization requested consists of annexation to the City of Madera and detachment from the County of Madera of the area known as the “Arc Annexation Area;” and
WHEREAS, the Fresno/Madera Counties Project annexation area (“Arc Annexation Area”) contains approximately 52 existing parcels containing approximately 242 acres within the City’s existing Urban Growth Boundary, and is bounded by Martin Avenue on the north, North D Street on the East, Adell and Ellis Streets on the south, and the existing United States Bureau of Reclamation Canal and Road 26 on the west (see Exhibit “A”); and WHEREAS, the proposed annexation area is within the Sphere of Influence (SOI) and the Urban Growth Boundary of the City of Madera; and
WHEREAS, the Arc Annexation Area includes no active Williamson Act contracts; WHEREAS, the City does not propose any specific term and conditions for the proposed reorganization; and
WHEREAS, the City will enter into an agreement with the County of Madera to comply with Revenue and Tax Code section 99 regarding property tax revenue transfer upon annexation, which agreement will include standards for the annexation as may be required by law; and WHEREAS, the reasons for this proposed annexation is to facilitate annexation of lands to the City of Madera for purposes of facilitating development of a new Intellectual and Development Disability Center (DDC) on the Arc Development Site within the proposed annexation area; and
ANNEXATION NO. ANX 2022-03 2
WHEREAS, approval of Annexation No. ANX 2022-03 would require approval of PreZoning/ Rezoning No. REZ 2022-02; and WHEREAS, the Planning Commission held a public hearing on February 21, 2023, to consider a recommendation to the City Council regarding annexation of the Arc Annexation Area; and
WHEREAS, after due consideration of all the items before it, the Planning Commission recommended the City Council initiate the annexation of the Specific Plan area; and WHEREAS, the City Council adopted a resolution adopting the finding of a Negative Declaration (ENV 2022-03) prepared in accordance with the California Environmental Quality Act (CEQA) for the Arc Fresno/Madera Counties Project, including ANX 2022-03; and WHEREAS, the City Council now desires to initiate annexation by approving Annexation No. ANX 2022-03.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:

1. Recitals. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.

2. CEQA. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) of 1970, the City, as the Lead Agency, has analyzed the proposed project and has prepared an initial study to evaluate the environmental effects of the Project, including the proposed annexation,resulting in a finding of a Negative Declaration (ENV 2022- 03). As such, the City Council finds that the annexation and the project entitlements are specifically anticipated and assessed in the Negative Declaration, are consistent with the purpose and intent of the Negative Declaration, and identified annexation as being subject to streamlining under CEQA based on consistency with those documents. The impacts associated with the annexation was previously analyzed in the Negative Declaration. Further, the City Council finds that there is no substantial new evidence in the record that this project may have additional significant impacts that were not analyzed as significant adverse effects in the Negative Declaration. Additionally, there is no substantial new evidence of potentially significant off-site impacts and cumulative impacts that were not discussed in the Negative Declaration, and no potentially significant adverse effects peculiar to the Project. The City Council finds that there are no previously identified significant effects, which as a result of substantial new information which was not known at the time the Negative Declaration was adopted, that have a more severe adverse impact than assessed in the Negative Declaration.

Furthermore, no mitigation measures or alternatives previously determined to be infeasible are now feasible. Finally, no new mitigation measures or alternatives that would substantially reduce one or more significant effect on the environment have been identified. Based upon these findings, the City Council determine that no further environmental documentation is required for this project.

ANNEXATION NO. ANX 2022-03 3

3. General Plan Consistency. The City Council finds that the annexation is consistent with the goals, objectives, and policies of the Madera General Plan, as amended by GPA No. GPA 2022-

03. 4. Recommendation for Approval. Based on the information provided above, the City Council of the City of Madera adopts and approves this Resolution of application, and initiates annexation for the entire Arc Annexation Area. The Local Agency Formation Commission of Madera County is requested to initiate proceedings for the change of organization of the territory, as specifically described in Exhibit “A” from the County of Madera to the City of Madera in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The City Council authorizes the City Manager to take all necessary steps to effectuate the same.

5. Effective Date of Resolution. This Resolution shall become effective immediately. * * * * *
Exhibit A: The Arc Annexation Area – Proposed Area of Annexation.

ANNEXATION NO. ANX 2022-03 4
ANNEXATION NO. ANX 2022-03 5
ANNEXATION NO. ANX 2022-03 6

Public Hearing Regarding Annexation No. 14 (Tract 22-S-02/TSM 2017-02 Subdivision) into Community Facilities District No. 2005-1 (Public Services) Under the Mello Roos Community Facilities Act of 1982 and Related Actions
RECOMMENDATION:

That Council adopt a Resolution:

1. Hold the Public Hearing.

2. Adopt a Resolution of the City Council (Council) of the City of Madera Authorizing Annexation (Annexation No. 14) of Territory (22-S-02/TSM 2017-02 Subdivision) to Community Facilities District No. 2005-1 (Public Services); Authorizing the Levy of Special Taxes; and Submitting the Levy of Tax to the Qualified Electors.

3. Conduct the Election of the Qualified Electors of Annexation No. 14.

4. Adopt a Resolution of the Council of the City of Madera Making Certain Findings, Declaring and Certifying the Results of an Election, and Adding the Territory Identified as Annexation No. 14 to CFD 2005-1 (Public Services), Annexation No. 14.

SUMMARY:

At the Council’s April 5, 2023, meeting, the Council approved a resolution declaring the City’s intention to annex the proposed territory into CFD 2005-1. At the regularly scheduled meeting on May 17, 2023, after the close of the public hearing, the Council has two resolutions to consider. The first resolution sets forth the Council’s approval to annex territory to CFD 2005-1 and to levy a special tax. This first resolution also sets May 17, 2023, as the date for the C-1
annexation election, and refers to the annexation map showing the parcels to be annexed. The second resolution is for adoption by the Council after the results of the election are announced by the City Clerk. This second resolution also directs the filing of the Notice of Special Tax Lien against the annexed property to provide authority for City to collect the special tax.

The conditions of approval for the development project known as Subdivision No. 22-S-02 (TSM 2017-02) (the “Project”) require annexation into CFD 2005-1, which was established as an annexable district to provide funding to offset the increased cost for public safety, open space and parks maintenance created by new development.

DISCUSSION:

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

CVI Subdivision makes up Annexation No. 14. The Subdivision Tract 22-S-02/TSM 2017-02 is owned by CVI-2 Group, LLC. The Project includes the development of approximately 19 single family residential units. The boundaries of the Project consist of the area within the original Assessor’s Parcel Numbers (APN’s) 004-170-007 and 004-170-008 as depicted on Attachment 1.

Table 1: Project Overview
Project Name Owner Units Location
Subdivision Tract 22-S-02/TSM
2017-02 CVI-2 Group, LLC. 19 Adell Street & North Lake Street The City Council took the first action in the annexation process on April 5th, 2023, approving the resolution declaring the City’s intention to annex the proposed territory into CFD 2005-1, and establishes this meeting (May 17, 2023), as the public hearing date for consideration of the annexation of the property into CFD 2005-1. The attached Resolution represents the action the City Council needs to approve to annex the property into the district. See Attachment 1 to view a diagram of the properties proposed to be annexed. As with all residential subdivisions, conditions of approval for the subdivision require annexation into CFD 2005-1 prior to recordation of the final subdivision map. This will comprise the 14th annexation into CFD 2005-

01. See Attachment 2 for a history of annexations into CFD 2005-1.

FINANCIAL IMPACT:

The 2022/2023 Fiscal Year CFD 2005-1 assessment for single-family residential development is $524.41 per dwelling unit. Based on this figure, the estimated annual revenue that will be received by the City (Fund 76650) for all 19 units in Annexation No. 14 will be $9,963.79. CFD 2005-1 includes an annual Consumer Price Index (CPI) adjustment, therefore, this amount will escalate over time. The process for annexation is funded by the developer and no General Fund monies are used for this effort.

ALTERNATIVES:

The City Council adopted Ordinance C.S. 792 on December 7, 2005, authorizing the levy of a Special Tax within CFD 2005-1 commencing in fiscal year 2006-07 and each year thereafter. The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by CFD 2005-1. Amendment of the ordinance would be required.

ATTACHMENTS:

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

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

3. CVI Subdivision, 22-S-02 /TSM 2017-02 Subdivision Map

4. CFD 2005-1 Map
ATTACHMENT 1
Resolution of Annexation and Calling for Election
Including:

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14) TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES),

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

TO THE QUALIFIED ELECTORS
WHEREAS, this City Council (“Council”), on April 5, 2023, adopted Resolution No. 23-37, (hereafter referred to as the “Resolution of Intention”) stating its intention to annex territory to City of Madera Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the “Act”); and
WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed known as CVI subdivision, Tract 22-S-02 TSM 2017-02 Subdivision (“Annexation No. 14”) to CFD No. 2005-1, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein.

Annexation No. 14 will consist of 19 single family residential units located on the southwest corner of the intersection of Adell Street and North Lake Street.; and WHEREAS, on April 5, 2023, the Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHEREAS, a boundary map for Annexation No. 14 to CFD No. 2005-1 has been filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings, a copy thereof is on file with the City Clerk and the City Council ratifies that filing; and
WHEREAS, a boundary map for Annexation No. 14 to CFD No. 2005-1 is on file with the City Clerk and shall be filed with the County Recorder of the County of Madera, which map shows the territory to be annexed in these proceedings; and
WHEREAS, the City Of Madera Community Facilities District 2005-1 (Public Services) Rate And Method Of Apportionment Of Special Tax is attached as Exhibit A.

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

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

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

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

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

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

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

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

SECTION 5. Special Taxes. It is the intention of this City Council that, except where funds are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 14, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 14, will be levied annually within the boundaries of Annexation No. 14 from and after the annexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the formation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes from those as originally set forth and made applicable to CFD No. 2005-1.

For particulars as to the rate and method of apportionment of the proposed special tax (the “RMA”), reference is made to the attached and incorporated Exhibit “A,” which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Annexation No. 14 to clearly estimate the maximum annual amount that said person will have to pay on said special tax.

SECTION 6. No Majority Protest. Written protests against the annexation of the territory in Annexation No. 14 to CFD No. 2005-1 have not been received by the Council. The proposed special tax to be levied within Annexation No. 14 has not been precluded by majority protest.

SECTION 7. Election. The provisions of the Resolution of Intention of the City each as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein.
(a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 14 shall be submitted to the voters within Annexation No. 14 at a special election called therefor as hereinafter provided.

This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 14 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 14 and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in Annexation No. 14.
(b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot or hand-delivered ballot under applicable sections of the California Elections Code commencing with Section 4000 with respect to elections conducted by mail. The Council hereby calls a special election to consider the measure described and incorporated in the form of ballot as Exhibit “B,” which election will be conducted on May 17, 2023, (hereafter referred to as “Election Day”). The City Clerk shall act as the election official to conduct the election and shall have provided each landowner in the territory to be annexed to CFD No. 2005-1, a ballot in the form of Exhibit “B”, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. The Council also finds that any applicable notices of hearing or election have been waived by the sole landowner of the area to be annexed.
(d) The Council hereby calls and schedules an election for May 17, 2023, at 6 p.m. on the measure of the annual levy of special taxes on taxable property within Annexation No. 14 to CFD No. 2005-1 to finance public services within CFD No. 2005-1, including Annexation No. 14 to CFD No. 2005-1.
(e ) The measure to be submitted to the voters of Annexation No. 14 at such special election shall be as follows:

The measure to be submitted to the voters of Annexation No. 14 at such special election shall be as follows:

Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on April 5, 2023.

Section 8. Election Procedures. The procedures to be followed in conducting the election shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Election shall be distributed to the qualified electors by the City Clerk by mail or by personal service.
(b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit “A,” and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landownervoter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted on the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter’s land ownership within Annexation No. 14 to CFD No. 2005-

1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote on the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the 17th day of May 2023; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 9. Certification. The City Clerk shall certify to the adoption of this resolution.

SECTION 10. Effective Date. This resolution is effective immediately.

Exhibit A

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

DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Titles of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, c) park maintenance, d) storm drainage system operation and maintenance and other services as defined herein including but not limited to ambulance and paramedic services. “Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.
“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or three percent (3%). The annual CPI used shall be for the area of San Francisco-Oakland-San Jose, CA as reflected in the then-current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means Fiscal Year ending June 30, 2007.
“City” means the City of Madera.
“Council” means the City Council of the City of Madera, acting as the legislative body of the District. “County” means the County of Madera, California.
”Developed Multi-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of two or more residential units that share common walls, including but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
”Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2005, and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. ”Developed Single-Family Residence” means all Assessor’s Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential dwelling unit.
“District Administrator” means an official of the City, or designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. “District” means Community Facilities District No. 2005-1 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.
“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel. “Non-Residential Property” means all Assessors’ Parcelsfor which a building permit(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.
“Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub- association. “Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency. “Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial finding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to find the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.
“Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy. “State” means the State of California.
“Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax Exempt Property” means an Assessor’s Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property. “Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence.

Commencing with the Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below.

1. DEVELOPED PROPERTY
TABLE 1

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

2. ENTITLED PROPERTY
TABLE 2

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

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

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

5. MULTIPLE LAND USE CLASSES
In some instances, an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

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

APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax.

This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer. If the District Administrator verifies that the tax should be changed, the Special Tax levy shall be corrected and, if applicable in any case, a refund shall be granted.

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

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

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

EXHIBIT B TO RESOLUTION OF ANNEXATION
City of Madera
Community Facilities District No. 2005-1, (Public Services), Annexation No. 14

OFFICIAL BALLOT

SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed envelope to the office of the City Clerk of the City of Madera no later than 6:00 o’clock p.m. on Wednesday, May 17, 2023, either by mail or in person. The City Clerk’s office is located at City Hall, 205 W. Fourth Street, Madera, California 93637.

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

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

BALLOT MEASURE: Shall the City of Madera, by and for its Community Facilities District No. 2005-1 (Public Services) (the “CFD”), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in the Resolution of Intention of the City of Madera adopted by its Council on April 5, 2023?
YES:

NO:

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

Acres Owned Within Territory Annexed: 3.52
Number of Votes: 1
Property Owner: CVI-2 Group, LLC
2141 Tuolumne Street, Suite J
Fresno. CA 93721
Property Owner/Authorized Representative Signature: ________________________

ATTACHMENT 2
Resolution of Results of Election
Including:

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

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

MAKING CERTAIN FINDINGS, DECLARING AND CERTIFYING THE RESULTS OF A

SPECIAL ELECTION, AND ADDING THE TERRITORY IDENTIFIED AS ANNEXATION NO. 14 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Madera (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Services) (hereafter referred to as “CFD No. 2005-1”); and
WHEREAS, the City Council initiated proceedings to annex certain territory known as CVI Subdivision Tract 22-S-02/TSM 2017-02 Subdivision (hereafter referred to as "Annexation No. 14") to Community Facilities District No. 2005-1 (Public Services). Annexation No. 14 will consist of 19 single family residential units southwest of Adell Street and North Lake Street; and WHEREAS, the City Council, following a public hearing on the annexation and special taxes, adopted a resolution calling an election and duly held an election in the area of Annexation No. 14 on April 5, 2023; and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 14 has been received from the property owner or owners of such territory; and WHEREAS, twelve (12) or more registered voters have not resided within the territory of Annexation No. 14 for each of the ninety (90) days preceding May 17, 2023, therefore, pursuant to the Act the qualified electors of Annexation No. 14 shall be the "landowners" of Annexation No. 14 as such term is defined in Government Code Section 53317(f), and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 14; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Annexation No. 14 to the qualified electors of Annexation No. 14 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 14; and WHEREAS, the City Clerk of the City of Madera has caused ballots to be distributed to the qualified electors of Annexation No. 14, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon did receive the favorable 2/3’s vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 14 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council.

NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Madera Community Facilities District No. 2005-1 (Public Services), Annexation No. 14 as follows:

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

SECTION 2. This City Council does hereby find and determine as follows:
(a) The canvass of the votes cast in the Property to be annexed to the District at the special election held in the territory of Annexation No. 14 on May 17, 2023, as shown in the Certificate of Election Official and Statement of Votes Cast is hereby approved and confirmed.
(b) The unanimous consent to the annexation of Annexation No. 14 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 14, and such consent shall be kept on file in the Office of the City Clerk. (c) Twelve (12) or more registered voters have not resided within the territory of Annexation No. 14 for each of the ninety (90) days preceding May 17, 2023, therefore, pursuant to the Act the qualified electors of Annexation No. 14 shall be the "landowners" of such Annexation No. 14 as such term is defined in Government Code Section 53317(f).
(d) The qualified electors of Annexation No. 14 have voted in favor of the levy of special taxes within Annexation No. 14 upon its annexation to CFD No. 2005-1.
(e) The City Council is hereby authorized to take the necessary steps to levy the special tax authorized by the Measure in the area of Annexation No. 14.

SECTION 3. The boundaries and parcels of territory within Annexation No. 14 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services are shown on the Annexation Map as submitted to and hereby approved by this City Council.

SECTION 4. The City Council does hereby determine and declare that the territory in Annexation No. 14 is now added to and becomes a part of CFD No. 2005-1.

The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special tax within Annexation No. 14 and hereby authorizes the levy of a Special Tax at the Rate and Method of Apportionment set forth in Exhibit A to the Resolution Authorizing Annexation, Authorizing levy of Special Tax, and Calling Special Election.

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

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

B. An Amendment No. 14 to the Notice of Special Tax Lien shall be recorded in the Office of the County Recorder for Madera County not later than fifteen (15) days after the date of adoption of this Resolution.

SECTION 6. This resolution is effective immediately.

Exhibit A
Certificate of Election Official and Statement of Votes Cast

STATE OF CALIFORNIA )
COUNTY OF MADERA ) ss.

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

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC

SERVICES)
ANNEXATION NO. 14

SPECIAL ELECTION
held in the City of Madera, on May 17, 2023.

I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 14 to Community Facilities District No. 2005- 1 (Public Services) of the City of Madera for or against the Measure are full, true and correct.

VOTES CAST: YES________
NO ________
WITNESS my hand this _____ day of _______________, 2023 Exhibit B
Exhibit C
List of Assessor Parcel Numbers and Landowners
APN Landowner
004-170-007-000 CVI-2 Group LLC.
004-170-008-000 CVI-2 Group LLC.

ATTACHMENT 3
CVI Subdivision, Tract 22-S-02/TSM 2017-02
Subdivision Map
Attachment 3
ATTACHMENT 4
CFD 2005-1 Map

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: May 17, 2023
_________________________________ Agenda Number: _______ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public hearing to approve the Community Development Block Grant (CDBG) 2023/24 Annual Action Plan final funding allocations and sub-recipient agreements.

RECOMMENDATION:

Conduct a public hearing to receive final public input on the 2023/24 Annual Action Plan and adopt Resolutions:

1. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($176,346) with City of Madera 23-24 CDBG Administration; and

2. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($20,000) with Community Action Partnership of Madera County; and

3. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($26,032) with Madera Coalition for Community Justice; and

4. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($5,527) with Project Run Madera; and

5. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($35,000) with Madera Rescue Mission; and

6. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($15,700) with O.L.I.V.E. Charitable Organization; and

7. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($10,000) with Community Action Partnership of Madera County; and

8. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($25,000) with Madera County Association of Realtors; and

9. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($30,000) with City of Madera, Parks & Community Services Department; and C-2

10. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for services ($617,500) with City of Madera Engineering Department; and

11. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($215,000) with City of Madera, Parks & Community Services Department; and

12. Adopt a Resolution Approving a 2023/24 CDBG Subrecipient Agreement for Services ($148,386) with City of Madera, Parks & Community Services Department SUMMARY:

The U.S. Department of Housing and Urban Development (HUD) announced the 2023/24 CDBG funding allocations on February 27, 2023. The City’s eligible allocation for the 2023/24 Annual Action Plan funding is $981,730. On March 20, 2023, Council approved reallocating funds previously awarded to the Community Action Partnership of Madera County (CAPMC) related to the 2020/21 Rapid Rehousing Program. Funds reallocated to the 2023/24 Capital Projects/Public Improvements funding category totaled $342,761. Therefore, the total eligible CDBG funding allocation for the 2023/24 Program Year is $1,324,491.46.

Council approved tentative Annual Action Plan allocations proposed by the Block Grant Commission (BGC) on April 5, 2023. HUD requires a 30-day public comment period after approving tentative allocations. The public comment period opened on April 5, 2023, and expired on May 5, 2023. The second public hearing is required for Council to approve final funding allocations and to enter into agreements with grant sub-recipients.

DISCUSSION:

The City is a CDBG entitlement jurisdiction that receives an annual funding allocation. Each year, the City is eligible to apply for and receive the funds through the development and submittal of a CDBG Annual Action Plan. Activities proposed in the CDBG Annual Action Plan must meet, at a minimum, one of the following objectives:

1. Benefit to low- and moderate-income (LMI) persons; or

2. Aid in the prevention or elimination of slums or blight; or

3. Meet a need having a particular urgency (referred to as urgent need).

In addition to the national objectives, HUD requires the identification of primary and secondarytier local funding priorities. The City has identified these local funding priorities in the 2020-2024 Consolidated Action Plan, which are as follows:
 Primary
o Quality Housing (Rent affordability and rental assistance) o Homelessness (Supportive services and prevention)
 Secondary-Tier
o Neighborhood Revitalization (Infrastructure Improvements, Streets/Roads/Lighting, and Community Centers/Parks)

ELIGIBLE USES OF FUNDS
HUD requires the expenditure of funds across three funding categories:
 Administration; 20 percent maximum of annual allocated funding  Public Services; 15 percent maximum of annual allocated funding  Capital Projects/Public Improvements; no minimum or maximum thresholds of the available funding
The maximum percentage allocation amounts must be based on the current year’s award ($981,730). Therefore, the maximum amounts eligible for Administration and Public Service are $196,346 and $147,259, respectively. The remaining balance is allocated to Capital Projects/Public Improvements. This year’s remaining allocation ($638,125) plus the reallocation of funds from the CAPMC Rapid Rehousing Program ($342,761) results in a total Capital Projects/Public Improvements eligible amount of $980,886.

SUMMARY OF SUBRECIPIENT GRANT APPLICATIONS AND TENTATIVE COUNCIL ALLOCATIONS On January 20, 2023, the City released a Request for Funding Proposal (RFP) inviting eligible and interested entities to submit applications for the CDBG 2023/24 funding cycle. Thirteen applications were received.

ADMINISTRATION APPLICATIONS
During its April 5, 2023 meeting, Council unanimously approved tentative allocations for the administrative category. Table 1 below shows the tentative Council allocations for Administration. The eligible allocation is $196,346, and the total requested is $216,346.

Table 1: City Council Tentative Administration Allocations Applicant
BGC
Recommended
Allocations
City Council
Tentative
Allocations
City of Madera – Action Plan Administration
Administration to Oversee CDBG Program $176,346 $176,346 CAPMC – Fresno Madera Continuum of Care
Point-in-Time Count Administration $20,000 $20,000
Total $196,346 $196,346

PUBLIC SERVICE APPLICATIONS
After deliberation on the Public Service applications, Council unanimously voted to approve tentative allocations on April 5, 2023. The eligible allocation is $147,258, and the total requested is $308,552. Table 2 below shows the Council’s tentative allocations for Public Services.

Table 2: City Council Tentative Public Service Allocations Applicant
BGC
Recommended
Allocations
City Council
Tentative
Allocations
Madera Coalition for Community Justice
Youth Environmental Stewardship $26,032 $26,032
Madera Coalition for Community Justice
Promotora Project $0 $0
Project Run Madera
Project Run Madera $5,527 $5,527
Madera Rescue Mission
Homeless Prevention and Services $35,000 $35,000
O.L.I.V.E. Charitable Organization
The Bennet House $15,700 $15,700
Community Action Partnership
Housing Stabilization $10,000 $10,000
Madera County Association of Realtors
Down Payment Assistance $0 $25,000
City Parks Department
Madera Seniors Nutrition & Recreational Program $30,000 $30,000 Total $122,259 $147,259

CAPITAL PROJECTS/PUBLIC IMPROVEMENTS
Council unanimously approved tentative funding allocations on April 5, 2023. There were three applications in the CDBG Capital Projects/Public Improvements category. The total available allocation is $980,886, and the total requested is $982,500. Table 4 below has the Capital Projects/Public Improvements applicants, the BGC recommendation, and the tentative Council funding recommendation.

Table 3: City Council Tentative Capital Projects/Public Improvements Allocations Applicant
BGC
Recommended
Allocations
City Council
Tentative
Allocations
City; Engineering Department
Clinton Street Sewer and Water Improvements $617,500 $617,500 City; Parks Department
Centennial Park Pool $215,000 $215,000
City; Parks Department
Frank Bergon $148,386 $148,386
Total $980,886 $980,886
A 30-day public review and comment period began on April 5, 2023, and closed on May 5, 2023.

The City did not receive any written public comments.

FINANCIAL IMPACT:

This allocation will not have an impact on the General Fund. The City will administer the grant with the allocated 2023/24 CDBG administration funds available and current City staff.

Appropriations for these agreements will be included in the Fiscal Year 2023/24 City budget.

ALTERNATIVES:

As an alternative, Council may:

1. Deny approval of the Agreements.

2. Direct staff to enter into alternate Agreements.

ATTACHMENTS:

1. Resolution
Exhibit 1- City of Madera Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

2. Resolution
Exhibit 1- Community Action Partnership of Madera County Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

3. Resolution
Exhibit 1- Madera Coalition for Community Justice Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

4. Resolution
Exhibit 1- Project Run Madera Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

5. Resolution
Exhibit 1- Madera Rescue Mission Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

6. Resolution
Exhibit 1- O.L.I.V.E. Charitable Organization Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

7. Resolution
Exhibit 1- Community Action Partnership of Madera County Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

8. Resolution
Exhibit 1- Madera County Association of Realtors Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

9. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

10. Resolution
Exhibit 1- City of Madera, Engineering Department Agreement  Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

11. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications

12. Resolution
Exhibit 1- City of Madera, Parks Department Agreement
 Exhibit A – Scope of Work
 Exhibit B – Budget
 Exhibit C – CDBG Certifications
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A 2023/24 COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($176,346) WITH CITY

OF MADERA, GRANTS
WHEREAS, the City Council has considered approval of the 2023/24 Community Development Block Grant Subrecipient Agreement with the City of Madera Parks Grants Department in the amount of $176,346 (“Agreement”); and WHEREAS, a copy of the Agreement is attached hereto as Exhibit 1 and incorporated by reference.

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

1. The recitals listed above are true and correct.

2. The Council approves the Agreement between the City and the City of Madera Grants Department.

3. This resolution is effective upon receipt of written confirmation from the U.S.

Department of Housing and Urban Development of the City of Madera 2023/24 Action Plan approval.

4. The Director of Financial Services is hereby authorized to take such action to implement the terms of the Resolution.

5. The City Clerk with concurrence from the City Attorney is authorized to make clerical and non-material corrections to this resolution and the Agreement.

6. This resolution is effective immediately upon adoption. *****
----
1 COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BETWEEN THE CITY OF MADERA, GRANTS AND FINANCE DEPARTMENT This Community Development Block Grant Subrecipient Agreement (“Agreement”) is entered into, effective on the date of July 1, 2023, by and between the City of Madera (“City”) and CITY & FINANCE DEPARTMENT, hereafter referred to as "SUBRECIPIENT."

RECITALS
A. This Agreement sets forth the responsibilities of City and Subrecipient in accomplishing the objectives of the United States Department of Housing and Urban Development (HUD) Community Development Block Grant as set forth in the Housing and Community Development Act of 1974, (hereinafter referred to as “CDBG”), as amended.

B. The City has been designated as the sponsoring agency to administer and implement the program for the Community Development Block Grant (CDBG) activities of the CITY, and in accordance with the provisions of Title I of the Housing and Community Development Act of 1974, as amended, and the laws of the State of California.

C. Under the CDBG regulations the City may grant the CDBG funds to nonprofit organizations or public agencies for certain purposes.

D. otherwise, to engage the services of Subrecipient, and Subrecipient agrees to perform the services for CITY hereinafter described, for the compensation, during the term, and otherwise subject to the covenants and conditions hereinafter set forth.

AGREEMENT

1. Services
The Subrecipient shall provide all services and responsibilities as set forth in Scope of Work, which is attached to this Agreement, marked as EXHIBIT "A", and incorporated herein by reference.

2. Funding and Method of Payment
a. Compensation
Payments shall be made after receipt and verification of actual expenditures incurred by the Subrecipient in the performance of this Agreement and shall be documented to the City by the tenth (10th) day of the month following the end of each quarter. Allowable expenditures under this Agreement are specifically established, attached and incorporated by reference as EXHIBIT “B".
2 The total obligation of the City under this Agreement shall not exceed $176,346 in fiscal year 2023-2024. Any compensation not consumed by expenditures of the SUBRECIPIENT by the expiration of this Agreement shall automatically revert to the CITY. b. Public Information
The Subrecipient shall disclose in all public information its funding source. c. Lobbying Activity
The Subrecipient shall not directly or indirectly use any of the funds provided under this Agreement for publicity, lobbying, or propaganda purposes designed to support or defeat legislation pending before the Congress of the United States or the Legislature of the State of California.
d. Political Activity
The Subrecipient shall not directly or indirectly use any of the funds under this Agreement for any political activity or to further the election or defeat of any candidate for public office.

3. Fiscal Compliance
The SUBRECIPIENT shall be subject to the same fiscal regulations imposed on CITY by the U. S. Department of Housing and Urban Development for the use of CDBG funds.

4. Program Income
SUBRECIPIENT shall report quarterly all program income as required under 24 CFR 570.503(b)(3) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to City.

5. Compliance with Laws
If the SUBRECIPIENT receives CDBG funding under this Agreement, SUBRECIPIENT shall comply with all rules and regulations established pursuant to the Housing and Community Development Act of 1974 and its amendments and Uniform Administrative Requirements under 24 CFR 570.503(b)(4). The Subrecipient and any subcontractors shall comply with all applicable 3 local, State and Federal regulations, including but not limited to those requirements listed in Community Development Block Grant certifications attached hereto and incorporated herein by reference as EXHIBIT “C”.

6. Administrative Requirements/Financial Management/Accounting Standards Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

7. Costs Principles
Subrecipient shall administer its program in conformance with OMB Uniform Guidance.

These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

8. Contract Administration
City shall retain the right to administer this Agreement to verify that Subrecipient is performing its obligations in accordance with the terms and conditions of this Agreement.

Subrecipient and City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.

9. Period of Performance (Term of Agreement)
The Subrecipient shall commence performance under this Agreement on July 1, 2023, and shall end its performance June 30, 2024, unless terminated sooner as provided for elsewhere in this Agreement. The Agreement may be extended by written modification of the parties.

10. Records
a. Record Establishment and Maintenance
Subrecipient shall establish and maintain records in accordance with those requirements prescribed by City, with respect to all matters covered by this Agreement. Subrecipient shall retain all fiscal books, account records, and client files for services performed under this Agreement for at least three (3) years from the date of the final payment under this Agreement or until all State and Federal audits are completed for that fiscal year, whichever is later. Pursuant to State and Federal law, it is the intent of the parties to this Agreement that the Subrecipient shall be reimbursed for actual costs incurred in the performance of this Agreement but that no profit is to accrue to the Subrecipient on account of such performance.

Subrecipient shall maintain all records required by the Federal regulations specified in 24 4 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

1. Records providing a full description of each activity undertaken;

2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;

3. Records required to determine the eligibility of activities;

4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

6. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

7. Other records necessary to document compliance with 24 CFR 570.503(b)(5). b. CDBG Reporting Requirements
Subrecipient shall submit reports to the City at minimum on a quarterly basis. The Subrecipient shall submit reimbursement requests with substantiating evidence justifying such request. Documentation may include invoice copies of paid invoices/receipts, copies of cash receipts or checks used to pay each invoice submitted, copies of timecards and related pay stubs for reimbursement. Timecards must be signed by both the employee and the designated Subrecipient Authorizing Official. Subrecipient shall submit quarterly reports via the City Data System.

TERM PERIOD DURATION DUE DATES
1 st Period July 1 - September 30 October 15
2 nd Period October 1 - December 31 January 15
3 rd Period January 1 - March 31 April 15
4 th Period April 1 - June 30 July 15
Subrecipient shall submit quarterly progress reports on the dates listed above. If a due date falls on a weekend or holiday, Subrecipient shall submit invoices and progress reports no later than the next business day.
c. Required Notifications
The Subrecipient shall also furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this Agreement. In the event the Subrecipient fails to provide such reports, it shall be deemed sufficient cause for the City to withhold payments until there is compliance. In addition, the Subrecipient shall provide written notification and explanation to the CITY within five (5) days of any funds received from another source to conduct the same services covered by this Agreement. 5 City shall notify Subrecipient in writing within thirty (30) days of any potential State or Federal exception discovered during an examination. Where findings indicate that program requirements are not being met and State and Federal participation in this program may be imperiled in the event corrections are not accomplished by Subrecipient within thirty (30) days, written notification shall constitute City’s intent to terminate this Agreement.

Subrecipient shall report to City promptly and in written detail, each notice of claim of copyright infringement received by Subrecipient with respect to all subject data delivered under this Agreement. Subrecipient shall not affix any restrictive markings upon any data. If markings are affixed, City shall have the right at any time to modify, remove, obliterate, or ignore such markings.

11. Assignment
Subrecipient may not assign or transfer their obligation of this Agreement or any rights hereunder without the prior written consent of the other party.

12. Subcontracts
If the Subrecipient should propose to subcontract with one or more third parties to carry out a portion of those services described in EXHIBIT "A" insofar as it deems proper or efficient, any such subcontract shall be in writing and approved by the CITY prior to execution and implementation. Any such subcontract, together with all other activities performed, or caused by the Subrecipient, shall not allow compensation greater than the total project budget contained in EXHIBIT "B." An executed copy of any such subcontract shall be submitted to the City before any implementation and shall be retained by the City.

The Subrecipient shall be responsible to the City for the proper performance of any subcontract. Any subcontractor shall be subject to all of the same terms and conditions that the Subrecipient is subject to under this Agreement. No officer or director of the Subrecipient shall have any direct monetary interest in any subcontract made by the Subrecipient. A direct monetary interest contrary to this paragraph shall be deemed to exist, if an officer or director of the Subrecipient is also an owner, officer, or director of a corporation, association, or partnership subcontracting with the Subrecipient.

In addition, if the Subrecipient receives CDBG funds under this Agreement, the subcontractor shall be subject to CDBG federal regulations, including those listed in EXHIBIT "C".

13. Conflict of Interest
No officer, employee, or agent of the City who exercises any function or responsibility for planning and carrying out of the services provided under this Agreement shall have any direct or indirect personal financial interest in this Agreement. The Subrecipient shall comply with the provisions of 24 CFR 570.611 with respect to conflicts of interest and covenants hat it presently 6 has no financial interest, direct or indirect, which would conflict in any manger or degree with the performance of this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by Subrecipient.

14. Discrimination
a. Eligibility for Services
The Subrecipient shall prepare and make available to the CITY and to the public all eligibility requirements to participate in the program plan set forth in EXHIBIT "A." No person shall, on the grounds of race, color, national origin, sex, religion, age, or disability status, be excluded from participation in, and denied the benefits of, or be subjected to discrimination with respect to the services funded under this Agreement.

The Subrecipient’s services shall be accessible to the physically disabled, and the services of a translator, signer or assistive listening device shall be made available. Subrecipient, in its marketing materials, shall specify assistance to access its services is available for deaf and hardof-hearing persons by calling 711 or 1-800-735-2929 and, for voice users, 1-866-735-2922 for TTY Relay Services. Subrecipient shall comply with requirements set forth in the Accessibility for Persons with Disabilities to Non-Housing Programs funded by Community Development Block Grant Funds – Section 504 of the Rehabilitation Act of 1973, the Americans With Disabilities Act, and the Architectural Barriers Act.
b. Employment Opportunity
The Subrecipient shall comply with the CITY policy, the Community Development Block Grant regulations, and the Equal Employment Commission guidelines, which forbids discrimination against any person on the grounds of race, color, national origin, sex, religion, age, familial status, disability status, or any other status protected by law in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion, transfer, rates of pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
c. Suspension of Compensation
If an allegation of discrimination occurs, the City shall withhold all further funds until the Subrecipient can show by clear and convincing evidence to the satisfaction of the City that funds provided under this Agreement were not used in connection with the alleged discrimination. d. Nepotism
Except by written consent of the City, no person shall be employed by the Subrecipient who is related by blood or marriage or who is a member of the Board of Directors or an officer 7 of the Subrecipient. In the event HUD determines a CDBG-funded Subrecipient’s organization/agency operations violate federal rules and regulations with regard to nepotism and/or conducts business and a conflict of interest issue arises, then Subrecipient shall accept all responsibility to return any CDBG funds received from City.

15. Termination
a. This Agreement may be immediately terminated by City for cause where in the determination of City, any of the following conditions exist: (1) an illegal or improper use of funds, (2) failure to comply with any terms of this Agreement, (3) a materially incorrect or incomplete report, (4) an improper performance of services. b. Any one of or combination of the above conditions will constitute grounds for suspension or termination of the Agreement. In no event shall any payment by the City hereunder constitute a waiver by the City of any breach of this Agreement or any default which may then exist on the part of the Subrecipient, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach of default. When there is a breach of this Agreement, as defined by this section, the City may, in its sole discretion, immediately suspend or terminate this Agreement.
c. City shall have the option to terminate this Agreement without obligation of City to reimburse Subrecipient from the date the Federal or State Government withholds or fails to disburse funds to City. In the event such government withholds or fails to disburse funds, City shall give Subrecipient notice of such funding limitation or termination within a reasonable time after City receives notice of same.
d. Upon thirty (30) days written notice to the other party, either party may terminate this Agreement without cause. Notice shall be deemed served upon mailing.

16. Amendments
Adjustments in the nature or scope of the program plan set forth in EXHIBIT “A” or changes of any line item within the total approved budget contained in EXHIBIT “B” may be approved in writing by the City Manager, or his designee.

17. Administration
The City of Madera Grants Department shall administer this Agreement.

18. Evaluation
The City shall monitor and evaluate the performance of the Subrecipient under this Agreement to determine to the best possible degree the success or failure of the services provided under this Agreement and the adequacy of the program plan contained in EXHIBIT "A.” 8 The Subrecipient shall participate in evaluation of the program.

Subrecipient shall cooperate fully with City, State and Federal agencies, which shall have the right to monitor and audit all work performed under this Agreement.

Subrecipient shall also agree to on-site monitoring and personal interviews of participants, Subrecipient’s staff, and employees by appropriate City staff.

19. Governing Law
Any controversy or claim arising out of or relating to this Agreement which cannot be amicably settled without court action shall be litigated only in Madera, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

20. Reversion of Assets
The Subrecipient must obtain prior written approval from the City whenever there is any modification or change in the use of any property acquired or improved, in whole or in part, using CDBG funds. If any real or personal property acquired or improved with CDBG funds is sold and/or is utilized by the Subrecipient for a use which does not qualify under the CDBG program, the Subrecipient shall reimburse the City in an amount equal to the current fair market value of the property, less any portion thereof attributable to expenditures of non-CDBG funds. These requirements shall continue in effect for the life of the property. In the event the CDBG program is closed-out, the requirements of this Section shall remain in effect for activities or property funded with CDBG funds, unless action is taken by the Federal government to relieve the City of these obligations.

21. Breach of Agreement
In the event the SUBRECIPIENT fails to comply with any of the terms of this Agreement, the CITY may, at its option, deem the SUBRECIPIENT’s failure as a material breach of this Agreement and utilize any of the remedies set forth in 24 CFR 85.43 or that it deems appropriate.

Should the CITY deem a breach of this Agreement material, the CITY shall immediately be relieved of its obligations to make further payment as provided herein. In addition to the Agreement being terminated by the CITY in accord with a material breach of this Agreement by the SUBRECIPIENT, this Agreement may also be terminated for convenience by the CITY in accord with 24 CFR 85.44.

22. No Third-Party Beneficiaries
This Agreement is not intended to create and does not create any rights in or benefits to any third party, nor will it be deemed to confer rights or remedies upon any person or legal entity not a party to this Agreement.
9 23. Indemnification
Subrecipient shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Subrecipient’s performance of its obligations under this agreement or out of the operations conducted by Subrecipient, including the City’s active or passive negligence, 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 Subrecipient’s performance of this agreement, the Subrecipient 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.

24. Independent Contractor
Subrecipient and its subcontractors shall perform this Agreement as independent contractors and not as officers, employees, agents or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Subrecipient’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Subrecipient’s employees or subcontractors, any claim or right of action against City.

25. Insurance Requirements for Service Providers
Without limiting Subrecipient’s indemnification of City, and prior to commencement of Work, Subrecipient shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Subrecipient shall maintain limits no less than:
▪ $1,000,000 General Liability (including operations, products and completed operations) per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage 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 form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
10 ▪ $1,000,000 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 Service Provider 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.

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

Proof of Insurance
Subrecipient 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.

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

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes 11 of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Subrecipient.

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

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

26. Violation of Federal Rules and Regulations
In the event HUD determines a CDBG-funded Subrecipient has violated Federal rules and regulations and HUD requires repayment of CDBG funds, then Subrecipient shall repay any CDBG funds within 90 days of a written request from CITY.

27. General Provisions
a. Entire Agreement
This Agreement constitutes the entire agreement between Subrecipient and City with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications and understandings of any nature whatsoever unless expressly included in this Agreement. 12 b. Notice.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first-class mail:

To the City:

City of Madera – Grants Department
205 W. 4th St.

Madera, CA 93637
To the Subrecipient:

City & Finance Department
205 W. 4th Street
Madera, CA 93637
at his/her address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. c. Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. d. Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. e. Execution in Counterparts.

This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.
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13 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized as set forth below.

CITY OF MADERA: City & Finance Department:

By: ___________________________________ By: ______________________________ Santos Garcia, Mayor City & Finance Department
Date: __________________________________ Date: ______________________________ ATTEST: APPROVED AS TO LEGAL FORM:

By: ___________________________________ By:_________________________________ Alicia Gonzales, City Clerk Hilda Cantú Montoy, City Attorney Date: __________________________________ Date: _______________________________ Exhibit A
2023/2024

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT SCOPE OF WORK
I. PROJECT NAME: City of Madera 23/24 Administration Funds II. APPLICANT: City of Madera
III. PROJECT DESCRIPTION:

The City of Madera provides full oversight of the CDBG program. Administrative funding will be applied to personnel costs associated with providing such oversight. Examples of operating tasks associated with oversight include: subrecipient invoice processing, subrecipient monitoring, revising policies and procedures, and daily program management tasks.

IV. CONFORMANCE WITH FEDERAL FUNDING REQUIREMENTS:

A. The proposed project is eligible for CDBG funding as a Public Service project as defined by CFR Section 570.201(e).

B. This activity meets the Federal objective of benefiting low- and moderate-income persons as limited clientele activity under Section 570.208(a)(2) because the program will serve the homeless / at risk community.

V. FUNDING PROPOSAL:

A. CDBG Project Budget: $176,346
B. Projected Completion Date: June 2024
VI. OUTCOME MEASUREMENTS:

Total number of persons that will receive a unduplicated service or benefit is: 0 VII. PROJECT QUARTERLY MILESTONES
Quarter Description of Anticipated Milestones
Quarter 1
July - September
On going CDBG oversight/ monitoring.

Quarter 2
October - December
On going CDBG oversight/ monitoring.

Quarter 3
January - March
On going CDBG oversight/ monitoring.

Quarter 4
April – June
On going CDBG oversight/ monitoring.

Exhibit B
FY 2023-2024 Budget

CITY OF MADERA
City of Madera
Budget Line Item Madera
Personnel Lines needed: 4
Grant Administrator $51,980
Program Manager $60,000
Administrative Assistant $15,750
Finance Staff $48,616.00
Benefits
Taxes
Subtotal Personnel $176,346.00
Non-Personnel
Move-In Assistance
Supplies & Materials
Equipment
Communications
Meetings & Convenings
Travel & Transportation
Training
Consulting
Evaluation
Other Lines needed:

Subtotal Non-Personnel $0.00
Total Personnel & Non-Personnel $176,346.00
Indirect Costs
TOTAL $176,346.00
Number of Persons Served:

Cost per Individual
Exhibit C

COMMUNITY DEVELOPMENT BLOCK GRANT CERTIFICATIONS
A. Federal Common Rule Requirements, including, but not limited to, Executive Order 11246, as amended by Executive Orders 11375 and 120860 and implementing regulations issued at 41 CFR Chapter 60; Davis-Bacon Act as amended (40 U.S.C. 276 a to a-7 and 29 CFR, Part 5); Copeland "Anti-Kick Back" Act (18 U.S.C. 874 and 29 CFR, Part 3); Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330 and 29 CFR, Part 5); Section 306 of the Clean Air Act (42 U.S.C. 0857 (h); Section 506 of the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; Environmental Protection Agency Regulations (40 CFR Part 15); and applicable sections of 24 CFR 85.

Also in the common rule are mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with Energy Policy and Conservation Act (Pub L. 94 - 163 ).

B. Office of Management and Budget Circulars No. -21, A-102 revised, A-87, A-110, A-122 and A-128 as they relate to the acceptance and use of Federal funds under this program.

C. Executive Order 11063, as amended by Executive Order 11259, and implementing regulations at 24 CFR Part 107, as they relate to non-discrimination in housing.

D. The Architectural Barriers Act of 1968 ( 42 U .S.C. 4151 ).

E. Clean Air Act of 1970 (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. l 251 et seq.).

F. Bidding requirements contained in the California Public Contracts Code.

G. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations, 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

H. Provisions of the California Water Code Section 55350 et. sequens.

I. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and implementing regulations 24 CFR Part I as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

J. Title VIII of the Civil Rights Act of 1968, (Pub. L. 90-284) as amended and implementing regulations 24 CFR l 07 as it relates to fair housing.

Page 1 of 3 ends

Madera City CouncilMay 17, 2023

Madera City Council
May 17, 2023