Madera City Council
August 2, 2023

City of Madera
Measure T Annual Expenditure Plan
Fiscal Year (FY) 2023/24
Flexible Program $ - $0.00 $ -
Project Budget
Impounded for Regional Projects $ -
Total Projects $ -
Unprogrammed Balance $ -
ADA Compliance $ $2,641.74 33,154 167,415 $ $ 203,211
Project Budget
R-58 Schnoor Ave Sidewalks $ 103,000.00
R-93 Washing School Sidewalks $ 33,050.00
Reserve for Next Fiscal Year $ -
Total Projects $ 136,050
Unprogrammed Balance $ 67,161
Transit Enhancement Program (Public) Carryover Excess Allocation Available 659,254 $9,668.75 121,343 $ $ 790,266
Project Budget
Bus Shelter Relocation Project $ 400,000
Transit Center Canopy Construction $ 60,000
Total Projects $ 460,000
Unprogrammed Balance $ 330,266
ADA / Seniors / Paratransit $ $898.19 11,272 114,462 $ $ 126,632 Project Budget
Reserve for Next Fiscal Year $ -
Total Projects $ -
Unprogrammed Balance $ 126,632
Environmental Enhancement Program Carryover Excess Allocation Available Total for all Sub-programs $ $10,566.94 132,615 393,073 $ $ 536,255 Project Budget
ALY-01 Torres Way Alley Paving $ 229,500
ALY-03 CMAQ Alley Paving Project $ 160,000
PK-48 Tulare/Cleveland/Raymond Bike Path $ 19,325
R-58 Schnoor Ave Sidewalks, Sunset to River $ 53,800
R-93 Wasghington School Sidewalks $ 100,000
Total Projects $ 562,625
Unprogrammed Balance $ (26,369.82)

Attachment 2
List of Current Street 3R Projects in FY 2023/24 CIP
R-000079 RMRA Seals/Overlays 2021-22 Lake Street (Sunrise Ave to Clinton St) Austin Avenue from Adell Street to Clark Street Lincoln Ave (From Sharon Ave to Sierra St) Cleveland Avenue from Tulare Street to Raymond Road Maple Street (From Pine St to Grove St) Raymond Road from Cleveland Avenue to City Limits Noble Street (From Gill Ave to Maple Street) Sherwood Way from Country Club to Davis Street Rush Street (From D St to Dellavalle Ave) Sherwood Way from Davis Street to D Street Tulare Street (From Wessmith to Kennedy St) D Street from Sherwood Way to 4th Street Wilson Street (From Sharon Ave to Owens St) Sunset Avenue from Linden Avenue to 4th Street Wrenwood Way (From Tulare St to Fountain Way) Howard Avenue from Granada Drive to Amerine Avenue Wessmith Way (From Tulare St to Barcelona Way) Stadium Road from Pecan Avenue to Gamay Avenue Fountain Way (From Wessmith Way to Sherwood Way) Olive Avenue from Mariposa Street to Tozer Street Lake Street (From Cleveland Ave to Central Ave) Woodlands Drive from Sunset Avenue Woodlands Court Lake Street (From Central Ave to Yosemite Ave) Hillcrest Court from West to East
Forest Court from West End to Woodlands Drive R-000081 2022/23 City Streets 3R & ADA Project Forest Lane fron Woodlands Drive to Cedar Creek Lake Kennedy Street (From Tulare St to Creekside Dr) Kennedy Street (From Creekside Dr to Jericho Dr)
R-000080 RMRA Seals/Overlays 2022-23 W Almond Ave (From Santa Bonita to Monterey St) Clark Street (From Tulare to Lake St) S Granada Dr (From Almond Ave to Cherry Tree Dr) Clark Street (From Austin Ave to D St) Schnoor Ave (From 195ft South of Modoc St to Howard Rd) Ashlan Way (From Rogers St to Lake St) Schnoor Ave (From Howard Rd to Sunset Ave) Vineyard Ave (From Sunrise Ave to Cross St) Clinton St (from Lilly St to Fig Ave) 6th St (From K St to Gateway Dr)
7th St (From L St to J St) R-000098 RMRA Seals/Overlays 2023-24 8th St (From K St to Freeway 99) Granada Dr (From Pamela Dr - Cleveland Ave) 9th St (From K St to I St) H Street (From 4th Street to 2nd Street) Alderwood Court (From Schnoor to Alderwood Ct) Pine Street (From W 3rd Street to Olive Ave) Austin Street (From Lincoln Ave to Cleveland Ave) N Gateway Dr (From W 3rd Street to Central Ave) Bend Street (From Tulare to End of Bend St) Santa Cruz Street (From Maple St to Olive Ave) Clinton Street (From Lake St to Lilly St) Rotan Ave (From Howard Rd to W 5th Street) Grapewood Court (From Aspen Ln to End of Grapewood Ct) Maple Street (From Stadium Rd to Santa Cruz St) Harding Street (From Davis St to End of Harding St)
Harding Street (From Owens St to Sharon Ave) R-000099 R-99 2024 Street R&R Project K St (From Olive Ave to Yosemite Ave) to be determined following PMS update List of Current Street 3R Projects in FY 2023/24CIP
Attachment 3
Maps of All Proposed Street Projects
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance CITY STREETS 3R PROJECTS
Legend
B-4
R-79
R-80
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City Limits

RECONSTRUCTION

RESTORATION

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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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TRAFFIC SIGNAL

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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
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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
* Construction of these
Alleys subject to funding
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 2, 2023
_________________________________ Agenda Number: ___________ Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Initiation of proceedings for the annexation of Madera Place Apartments Project (Phase 2 of the Madera Family Apartments Project) into Community Facilities District 2013-1 RECOMMENDATION:

That Council adopt Resolutions:

1. Adopting a Boundary Map Showing the Territory Proposed for Annexation to Community Facilities District No. 2013-1; and,

2. Declaring Its Intention to Annex Territory to Community Facilities District No. 2013-1 (Public Services), to Authorize the Levy of Special Taxes Therein and Setting Public Hearing (Annexation No. 1).

SUMMARY:

The attached resolutions will begin the proceedings for the annexation of the “Project,” the Madera Place Apartments (Phase 2 of the development known as the Madera Family Apartments Project), into Community Facilities District (CFD) 2013-1.

DISCUSSION:

The conditions of approval for the Project originally required annexation into CFD 2005-1, which was established as an annexable district to provide funding to offset the increased cost for Public Services created by new development. 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.

New residential projects in Madera are generally required to annex into Community Facilities District (CFD) 2005-1. The Madera Family Apartments Project was approved to provide a total of C-2
72 affordable dwelling units. On August 11, 2011, the City Council considered and approved a request by the Corporation for Better Housing to allow prepayment (30 years) of the special tax associated with Community Facilities District 2005-1 for the Madera Family Apartments. Due to their inherent nature, affordable housing development projects generate very little cash flow from operations. For this reason, the Community Facilities Special Tax can become increasingly difficult to pay while maintaining financial stability and operating the development at an acceptable, high standard. Alternatively, prepayment is feasible during the project’s construction phases and helps ensure the development’s fiscal integrity in operations over the term. After the 30-year term, the mortgage will be paid and additional cash will be available to pay the annual special tax assessment.

On February 6, 2013, the Council adopted Resolution No. 13-24 declaring its intent to establish CFD No. 2013-1, a new CFD for the Madera Family Apartments Project established in-lieu of CFD 2005-1 in order to account for the special advance prepayment and to allow the “regular” special tax to be assessed after the affordability covenant expires. The boundary map adopted by the Council for the establishment of the district included only the territory comprising the Phase 1 portion of the apartment project.

Subsequently, on March 20, 2013, the Council adopted: (1) Resolution No. 13-41 to establish CFD No. 2013-01 and to authorize the levy of special tax to finance services; (2) Resolution No. 13-42 calling a special election, submitting proposition to voters and establishing an appropriations limit; and, (3) Resolution No. 13-43 declaring the results of the special election. Accordingly, on April 3, 2013, the Council adopted Ordinance No. 903 C.S. levying a special tax.

In August of 2013 prepayment was provided by 100 Stadium Rd LP in the amount of $175,246.00 for the 40 units developed within the Phase I portion of the affordable housing apartment project (Phase 1 referred to as the Madera “Family” Apartments). The owner now desires to provide prepayment for the balance of 32 units and respective territory comprising the Phase 2 portion of the project (Phase II referred to as the Madera “Place” Apartments).

As was originally envisioned with the establishment of the CFD 2013-1, a Mello Roos Community Facilities District, future residential projects and/or territory not included in the initial formation process are required to go through an annexation process in order to be included in CFD 2013-1.

Projects may be annexed one at a time, or in a group if they are ready at the same time.

Annexation to the CFD must occur before prepayment of the special tax may be received. The Rate and Method of Apportionment (RMA) will be amended to reflect a contemporary prepayment formula and to specify that payment of the special tax will resume after the 30-year prepaid period (and not on a specific fiscal year as was originally stipulated in the original RMA adopted for CFD 2013-1).

The Project, the Madera Place Apartments (Phase 2 of the development known as the Madera Family Apartments Project) is owned by Madera 2 L.P. The Phase 2 Project includes the development of 32 affordable residential dwelling units. The boundaries of the Project consist of the territory within the Assessor’s Parcel Number (APN) 012-460-004 as depicted on Attachment

1. Table 1: Project Overview
Project Name Owner Units Location
Madera Place
Apartments Madera 2 L.P. 32 East side of Stadium Road between Milano Ln & West Pecan Avenue The attached resolutions represents the first steps that must be taken in the annexation process.

The resolution adopts a boundary map depicting the territory that is proposed for annexation and declares the City’s intention to annex the proposed territory into CFD 2013-1. Adoption of the resolution establishes September 6, 2023, as the public hearing date for the final consideration of the annexation of the property into CFD 2013-1. This will comprise the 1st annexation to CFD 2013-1.

FINANCIAL IMPACT:

As an alternative to the annual assessment of the special tax which typically occurs, the developer has proposed to prepay the special tax for a period of 30 years.

The proposed prepayment was derived from utilizing a present value calculation to assess what the total amount of the future payments is worth today. Utilizing the same terms originally authorized by the City Council the discount rate used to calculate present value was limited to 5% and that rate was incorporated into the calculations. Based on these calculations, the prepayment amount would be $7,040.58 per unit for the 30-year term, collected prior to the issuance of occupancy.

The estimated total revenue that will be received by the City (Fund 48040000) for the 32 units in Annexation No. 1 to CFD 2013-1 for the initial 30-year term will be $225,298.64. The maximum special tax rate includes an Annual Escalation Factor therefore, this amount will escalate over time and become due annually in the subsequent Fiscal Year following the 30-year prepayment term.

The proposed prepayment should provide a financial mechanism to cover the cost of providing services to the affordable housing project in a fashion very similar to what the annual CFD assessments would accomplish. After reviewing the request, staff believes the proposed prepayment is a reasonable accommodation for the affordable housing project.

ALTERNATIVES:

The City Council adopted Ordinance 903 C.S., which established the district and its special tax structure, on April 3, 2013. The Council could, at its discretion, consider alternative methods for funding the necessary services that are demanded by residential development and supported by City of Madera Public Service CFDs. Amendment of the ordinance would be required.

ATTACHMENTS:

1. Resolution – Adopting a Boundary Map
Exhibit A – Annexation Map No. 1

2. Resolution – Declaring Intent to Annex No. 1
Exhibit A – Annexation No. 1 Map
Exhibit B – Rate and Method of Apportionment

3. Madera Family/Place Apartments Site Plan
ATTACHMENT 1
Resolution Adopting a Boundary Map
Including:

Exhibit A – Annexation Map No. 1
RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING TERRITORY

PROPOSED FOR ANNEXATION TO CITY OF MADERA COMMUNITY
FACILITIES DISTRICT NO. 2013-1 (ANNEXATION NO. 1)
WHEREAS, the City Council of the City of Madera, California, (“City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2013-1 (hereafter referred to as “CFD No. 2013-1”), pursuant to the terms and 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 (the “Act”); and
WHEREAS, the City Council desires to initiate proceedings to annex the territory known as Madera Place Apartments being the second phase of the Madera Family Apartment Project (“Annexation No. 1”) to CFD No. 2013-1. Annexation No. 1 will consist of 32 affordable multifamily residential units located on the east side of Stadium Road between Milano Lane & West Pecan Avenue; and
WHEREAS, there has been submitted a map attached as Exhibit A showing the territory proposed to be annexed to CFD No. 2013-1, said area to be designated as Community Facilities District No. 2013-1, Annexation No. 1.

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

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

SECTION 2. Annexation Map. The map showing Annexation No. 1 and to be subject to the levy of a special tax by CFD No. 2013-1 upon the annexation of such territory to CFD No. 2013- 1 is hereby approved and adopted. Such map is designated by the name of “Annexation No. 1 to City of Madera Community Facilities District No. 2013-1.” SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 1, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution fixing the time and place of the Public Hearing on the intention to annex Annexation No. 1 to CFD No. 2013-1, a copy of said map shall be filed with the correct and proper endorsements thereon with County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

PECANAVE
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T A
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ANNEXATION MAP NO. 1
COMMUNITY FACILITIES DISTRICT NO. 2013-1

CIT Y OF MADERA

COUNT Y OF MADERA

ST AT E OF CALIFORNIA
FILED IN T HE OFFICE OF T HE CIT Y CLERK T HIS ___________ DAY OF__________, 20__.

I HEREBY CERT IFY T HAT T HE WIT HIN MAP SHOWING
PROPOSED BOUNDARIES OF ANNEXAT ION MAP NO. 1 OF
COMMUNIT Y FACILIT IES DIST RICT NO. 2013-1, CIT Y OF

MADERA, COUNT Y OF MADERA, ST AT E OF CALIFORNIA, WAS

APPROVED BY T HE CIT Y COUNCIL OF T HE CIT Y OF MADERA AT A REGULAR MEET ING, T HEREOF, HELD ON T HE ____________ DAY OF ____________, 20__, BY IT S RESOLUT ION NO.
___________________.
_______________________________________

CIT Y CLERK

CIT Y OF MADERA
FILED T HIS _________________ DAY OF _________________, 20__, AT T HE HOUR OF ____________ O’CLOCK _________,M. IN BOOK __________ PAGE(S) ___________ OF MAPS OF

ASSESSMENT AND COMMUNIT Y FACILIT IES DIST RICT AND
INST RUMENT NO. _________________ IN T HE OFFICE OF T HE

COUNT Y RECORDER IN T HE COUNT Y OF MADERA, ST AT E OF
CALIFORNIA.
_______________________________________

COUNT Y RECORDER

COUNT Y OF MADERA

ST AT E OF CALIFORNIA

REFERENCE IS MADE T O T HAT BOUNDARY OF COMMUNIT Y
FACILIT IES DIST RICT NO. 2013-1 OF T HE CIT Y OF MADERA RECORDED WIT H T HE MADERA COUNT Y RECORDER’S OFFICE
ON FEBRUARY 19, 2013, IN BOOK 5 OF MAPS OF ASSESSMENT
AND COMMUNIT Y FACILIT IES DIST RICT ON PAGE 5.

T HE LINES AND DIMENSIONS OF EACH LOT OR PARCEL

SHOWN ON T HIS DIAGRAM SHALL BE T HOSE LINES AND

DIMENSIONS AS SHOWN ON T HE MADERA COUNT Y
ASSESSOR’S MAPS FOR T HOSE PARCELS LIST ED.

T HE MADERA COUNT Y ASSESSOR’S MAP SHALL GOVERN FOR

ALL DET AIL CONCERNING T HE LINES AND DIMENSIONS OF
SUCH LOT S OR PARCELS.

SHEET 1 OF 1
/
1 in = 101 feet
1 Map Referenc e Numb er
Legend
City Boundaries
Annexation Parc els
HWY 145
HWY99

VICINT Y MAP

SITE MILANO LN
1 MAP REFERENCE
NUMBER

ASSESSOR'S PARCEL
NUMBER
1 012-460-004-000
------1
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WILLDAN
ATTACHMENT 2
Resolution Declaring Intent to Annex No. 1
Including:

Exhibit A – Annexation No. 1 Map
Exhibit B – Rate and Method of Apportionment
RESOLUTION NO. ______

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

CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY MADERA

PLACE APARTMENTS) TO THE CITY OF MADERA COMMUNITY FACILITIES DISTRICT NO. 2013-1 (PUBLIC SERVICES), TO AUTHORIZE THE LEVY OF

SPECIAL TAXES THEREIN, AND SETTING PUBLIC HEARING (ANNEXATION NO. 1)
WHEREAS, the City Council of the City of Madera has conducted proceedings to establish Community Facilities District No. 2013-1 (Public Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, the City Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD, and now desires to undertake proceedings to annex the territory known as Madera Place Apartments being the second phase of the Madera Family Apartment Project (“Annexation No. 1”) to the CFD. Annexation No. 1 will consist of 32 affordable multi-family residential units located on the east side of Stadium Road between Milano Lane & West Pecan Avenue.

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

SECTION 1. This Council hereby finds and determines that public convenience and necessity require that territory be added to the CFD.

SECTION 2. The name of the existing CFD is “Community Facilities District No. 2013-1 (Public Services)”.

SECTION 3. The territory included in the existing CFD is as shown on the map of the district, recorded February 19, 2013, in Book 5 of Maps of Assessment and Community Facilities Districts, page 5, and as Instrument No. 2013004969 in the official records of the office of the County Recorder, County of Madera State of California, to which maps reference is hereby made which have been filed with the Madera County Recorder’s Office.

The territory now proposed to be annexed to the CFD is as shown on the Boundary Map of Annexation No. 1 to the CFD, on file with the City Clerk, a copy of which is attached hereto as Exhibit “A” and made a part hereof, the boundaries of which territory are hereby preliminarily approved. The City Clerk is hereby directed to cause the recordation of said Boundary Map of Annexation No. 1 to the CFD, showing the territory to be annexed, in the Office of the County Recorder of the County of Madera within fifteen days of the date of adoption of this resolution.

SECTION 4. The types of public services financed by the CFD and pursuant to the Act consist of those services (the “Services”) described in Exhibit B to Resolution No. 13-41 adopted by the Council on the 20th day of March 2013 (the “Resolution of Formation”). It is presently intended that the Services will be shared, without preference or priority, by the existing territory in the CFD and the territory proposed to be annexed to the CFD.

The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District.

SECTION 5. Except where funds are otherwise available to the CFD to pay for the Services provided for in Section 4 above and/or the principal and interest as it becomes due on bonds of the CFD issued to finance Services and/or the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, special taxes sufficient to pay the costs thereof, shall be annually levied within the District.

Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.

SECTION 6. The City Staff presented Annexation No. 1 to City Council at a Council Meeting on August 2, 2023, in order to begin annexation proceedings.

SECTION 7. Notice is given that on September 6, 2023, at 6:00 p.m., in the regular meeting place of this Council, being the City Council Chambers, located at 205 W. 4th St, Madera, California, the Council, as legislative body for the CFD, will conduct a public hearing on the annexation of territory to the CFD and consider and finally determine whether the public interest, convenience and necessity require said annexation of territory to the CFD and the levy of said special tax therein.

SECTION 8. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form specified in Section 53339.4 of the Act. The City Clerk shall also cause a copy of the Resolution of Annexation, or a notice thereof, to be mailed to each landowner (and to each registered voter, if any) within the territory proposed to be annexed, which resolution or notice shall be mailed at least fifteen days before the date of said hearing.

PECANAVE
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ANNEXATION MAP NO. 1
COMMUNITY FACILITIES DISTRICT NO. 2013-1

CIT Y OF MADERA

COUNT Y OF MADERA

ST AT E OF CALIFORNIA
FILED IN T HE OFFICE OF T HE CIT Y CLERK T HIS ___________ DAY OF__________, 20__.

I HEREBY CERT IFY T HAT T HE WIT HIN MAP SHOWING
PROPOSED BOUNDARIES OF ANNEXAT ION MAP NO. 1 OF
COMMUNIT Y FACILIT IES DIST RICT NO. 2013-1, CIT Y OF

MADERA, COUNT Y OF MADERA, ST AT E OF CALIFORNIA, WAS

APPROVED BY T HE CIT Y COUNCIL OF T HE CIT Y OF MADERA AT A REGULAR MEET ING, T HEREOF, HELD ON T HE ____________ DAY OF ____________, 20__, BY IT S RESOLUT ION NO.
___________________.
_______________________________________

CIT Y CLERK

CIT Y OF MADERA
FILED T HIS _________________ DAY OF _________________, 20__, AT T HE HOUR OF ____________ O’CLOCK _________,M. IN BOOK __________ PAGE(S) ___________ OF MAPS OF

ASSESSMENT AND COMMUNIT Y FACILIT IES DIST RICT AND
INST RUMENT NO. _________________ IN T HE OFFICE OF T HE

COUNT Y RECORDER IN T HE COUNT Y OF MADERA, ST AT E OF
CALIFORNIA.
_______________________________________

COUNT Y RECORDER

COUNT Y OF MADERA

ST AT E OF CALIFORNIA

REFERENCE IS MADE T O T HAT BOUNDARY OF COMMUNIT Y
FACILIT IES DIST RICT NO. 2013-1 OF T HE CIT Y OF MADERA RECORDED WIT H T HE MADERA COUNT Y RECORDER’S OFFICE
ON FEBRUARY 19, 2013, IN BOOK 5 OF MAPS OF ASSESSMENT
AND COMMUNIT Y FACILIT IES DIST RICT ON PAGE 5.

T HE LINES AND DIMENSIONS OF EACH LOT OR PARCEL

SHOWN ON T HIS DIAGRAM SHALL BE T HOSE LINES AND

DIMENSIONS AS SHOWN ON T HE MADERA COUNT Y
ASSESSOR’S MAPS FOR T HOSE PARCELS LIST ED.

T HE MADERA COUNT Y ASSESSOR’S MAP SHALL GOVERN FOR

ALL DET AIL CONCERNING T HE LINES AND DIMENSIONS OF
SUCH LOT S OR PARCELS.

SHEET 1 OF 1
/
1 in = 101 feet
1 Map Referenc e Numb er
Legend
City Boundaries
Annexation Parc els
HWY 145
HWY99

VICINT Y MAP

SITE MILANO LN
1 MAP REFERENCE
NUMBER

ASSESSOR'S PARCEL
NUMBER
1 012-460-004-000
------1
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WILLDAN
August 2, 2023 1 City of Madera
Community Facilities District No. 2013-1 Annexation No. 1

EXHIBIT B

CITY OF MADERA
COMMUNITY FACILITIES DISTRICT NO. 2013-1
ANNEXATION NO. 1

RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 2013-1 of the City of Madera (the “District”) shall be levied on all Assessor's Parcels in Annexation No. 1 of the District (the “Annexation”) and collected each Fiscal Year commencing in Fiscal Year 2024-25 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 Annexation, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 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. “Annexation” means Annexation No. 1 of the District.
“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, 2024.

August 2, 2023 2 City of Madera
Community Facilities District No. 2013-1 Annexation No. 1 “Building Permit” means a permit for new construction for a residential dwelling or nonresidential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Certificate of Occupancy” means a document issued by the City certifying that the building is compliant with applicable building codes and other laws and indicating it to be in a condition suitable for occupancy.
“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 Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a Building Permit was issued prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied. “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. 2013-1 of the City of Madera. “Entitled Property” means an Assessor’s Parcel and/or Lot in the Annexation, 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 Annexation in any Fiscal Year on any Assessor’s Parcel.
“Multi-Family Residential” 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.

August 2, 2023 3 City of Madera
Community Facilities District No. 2013-1 Annexation No. 1 “Non-Residential Property” means all Assessors’ Parcels for which a Building Permit(s) has been issued for non-residential use and does not contain any residential units as defined under Single Family Residential or Multi-Family Residential.
“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 rightsof-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.
“Service Costs” means the estimated and reasonable costs of providing police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, (iv) City overhead costs associated with providing such services within the District, (v) park maintenance, and (vi) storm drainage system operation and maintenance. On each July 1 following the Base Year, the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax will finance Services that are in addition to those provided in or required for the territory within the District and will not be replacing Services already available. The Special Tax provides only partial funding for police services, fire suppression and protection services, park maintenance, and storm drainage system operation and maintenance. “Single-Family Residential” 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.
“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund 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.
“Taxable 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.

August 2, 2023 4 City of Madera
Community Facilities District No. 2013-1 Annexation No. 1 “Tax-Exempt Property” means an Assessor's Parcel not subject to the Special Tax. TaxExempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) Undeveloped 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. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the Annexation shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed MultiFamily Residence. The tables below reflect the Special Tax for Fiscal Year ending June 30, 2024 and in each subsequent year, thereafter, the Maximum Special Tax in Tables 1 and 2 shall be increased in accordance with the Annual Escalation Factor.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
TABLE 1
Maximum Special Tax
Single-Family Residence and Multi-Family Residence
Land Use
Class Description
Maximum
Special Tax
Per Unit
1 Single-Family Residence $598.63 per Unit
2 Multi-Family Residence $548.59 per Unit
On each July 1 following the Base Year (i.e., July 1, 2024), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor.

2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2013-1
Annexation No. 1
August 2, 2023 5 City of Madera
Community Facilities District No. 2013-1 Annexation No. 1 Land Use Class
Description
Maximum
Special Tax
Per Lot
4 Entitled Property $319.52 per Lot
On each July 1 following the Base Year (i.e., July 1, 2024), the Maximum Special Tax Rates in Table 2 shall be increased in accordance with the Annual Escalation Factor.

3. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.

4. Multiple Land Use Classes
In some instances an Assessor’s Parcel may contain more than one Land Use Class.

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

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2024-25, 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.

E. PREPAYMENT OF THE SPECIAL TAX
The Special Tax obligation of an Assessor’s Parcel of Taxable Property classified as Entitled Property may be prepaid for a 30-year period prior to the issuance of a Certificate of Occupancy. The prepayment amount for an Assessor’s Parcel classified as Entitled Property is shown in Table 3 below.

TABLE 3
Entitled Property
30-Year Prepayment Amount
Land Use Type Special Tax
Residential
August 2, 2023 6 City of Madera
Community Facilities District No. 2013-1 Annexation No. 1 Single-Family Residence $7,682.82 per Unit
Multi-Family Residence $7,040.58 per Unit
For Assessor’s Parcels that prepay their Special Tax obligation, for the first 30 years of occupancy, no special tax shall be levied. Once an Assessor’s Parcel has been occupied for thirty (30) years, such Assessor’s Parcel shall be subject to the applicable Special Tax in the subsequent Fiscal Year following the 30th year of the issuance of the original Certificate of Occupancy.

F. 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.

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

H. 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.

I. TERM OF SPECIAL TAX
After the establishment of the Annexation, 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.

ATTACHMENT 3
Madera Family/Place Apartments Site Plan
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JOHN COTTON ARCHITECTS, INC.
3816 MAIN STREET
CULVER CITY, CALIFORNIA 90232
TELEPHONE: (310) 5511-8616
FACSIMILE: (310) 558--8676
WEB PAGE: WWW.JOHNCOTTONARCH.COM
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PROJECT INFORMATION:

PROJECT TITLE: MADERA FAMILY APARTMENTS
(2) 2-STORY APARTMENT BUILDINGS
40 TOTAL RESIDENTIAL APARTMENT UNITS
CLUBHOUSE IN BUILDING N0.1
PHASE I:

PROJECT SITE SUMMARY:

TOT AL SITE AREA:

TOTAL PARKING AREA:

TOTAL LOT AREA:

TOTAL BUILDING FOOTPRINT:

TOTALOPENAREA:

UNITS DENSITY PER ACRE
PHASE I:

BUILDING AREA SUMWRY:

BUILDING AREA PROVIDED PER FLOOR:
(3ROIJND
98,598 SF (2.26 ACRES) (100%)
54,718 SF
41,504- SF
18,580 SF (LOT AREA COVERAGE= 45%)
22,924 SF (OPEN AREA OF LOT= 55%}

17.7 UNITS PER ACRE
BUILDING AREA:

LEVEL R1XJR PLAN LEVEL FI.OOR Pl.AN
="

BUILDING AREA
BUILDING N0.1 AREA:

BUILDING N0.2 AREA:

TOTAL BUILDINGS AREA:

PHASE I:

BUILDING FOOlPRINT SUMMARY:

BUILDING N0.1 FOOTPRINT AREA:

BUILDING N0.2 FOOTPRINT AREA:

TOTAL BUILDINGS FOOTPRINT AREA;
PHASE I:

RESIDENTIAL UNIT SUMMARY:
10,169 SF
7,548SF
10,009 SF
7,971 SF
18,580 SF
7,995 SF
7,548 SF
18,164SF
15,09BSF
33,260SF
1 BEDROOM APARTMENT UNIT@: 572 SF 16 APARTMENT UNITS
2 BEDROOM APARTMENT UNIT@: 793 SF 12APARTMENT UNITS
3 BEDROOM APARTMENT UNIT@: 1,027 SF 12APARTMENT UNITS
TOTAL RESIDENTIAL APARTMENT UNITS: 40 APARTMENT UNITS
PARKING SUMWRY:

NOTE:

PARKING SUMWRY IS FOR PHASE I AND PHASE II
STANDARD PARKING SPACES:

SUB-TOTAL:

COVERED PARKING SPACES:

SUB-TOTAL:

GRAND TOTAL:
93 STANDARD PARKING SPACES
8 ACCESSIBLE PARKING SPACE
1 ACCESSIBLE Vt,J,J PARKING SPACE
102 STANDARD PARKING SPACES PROVIDED
4-0 COVERED PARKING SPACES PROVIDED
1 ACCESSIBLE PARKING SPACE
41 COVERED PARKING SPACES PROVIDED
143 ACCESSIBLE VAN PARKING SPACE

INDICATES CARPORT
PHASE II:

PROJECT INFORMATION:

PROJECT TrTlE:
(2) 2-STORY APARTMENT BUILDINGS
36 TOTAL RESIDENTIAL APARTMENT UNITS
PHASE II:

PROJECT SITE SUMMARY:

TOT AL SITE AREA:

TOTAL PARKING AREA:

TOTAL LOT AREA:
39,273 SF (0.90 ACRES) (100%)
(NOTED UNDER PHASE I)
28,733 SF
TOTAL BUILDING FOOTPRINT:

TOTAL OPENAREA:

UNITS DENSITY PER ACRE
15,340 SF (LOT AREA COVERAGE= 53%)
13,393 SF (OPEN AREA OF LOT= 47%}
40 UNITS PER ACRE
PHASE II:

BUILDING AREA SUMWRY:

BUILDING AREA PROVIDED PER FLOOR:
(3ROIJND
BUILDING AREA:

LEVEL FI.OOR PLAN LEVEL FI.OOR Pl.AN
BUILDING N0.1 AREA:

BUILDING N0.2 AREA:

TOTAL BUILDINGS AREA:

PHASE I:

BUILDING FOOlPRINT SUMMARY:

BUILDING N0.1 FOOTPRINT AREA:

BUILDING N0.2 FOOTPRINT AREA:

TOTAL BUILDINGS FOOTPRINT AREA:

PHASE II:

RESIDENTIAL UNIT SUMMARY:
7,312SF
7,312SF
7,670 SF
7,670 SF
15,340 SF
7,312SF
7,312SF
2 BEDROOM APAR'TMENT UNIT@: 793 SF 16 APAR'TMENT UNITS
3 BEDROOM APARlMENT UNIT@: 1,027 SF 16 APAR'TMENT UNITS TOTAL RESIDENTIAL APARTMENT UNITS: 32APAR'TMENT UNITS

INDICATES
="

BUILDING AREA
14,624 SF
14,824 SF
29,248 SF

PHASE II AREA OF WORK
The above drawirgs, specificaUons, ideas, designs and arralljernents represented thereby are end shall remain property of the Architect (John Cotton Architects, Inc.), and no part thereof shall be ro!Med, disclosed to others or used in ronneciion with any other projec:t other than the specific projec:t forv.tiich they have been prepared end developed, without the written consen1 of the Architect (John Cotton Architects, Inc.). Visual ca,tact with these drawings or specifications shall constitute conclusive evidence of acceptance of these resbictions. Written dimensions on these drav.ings shall have precedence over scaled dimensions. Contractors shall verify and be respcr.slble for all dimensions and conditions on the job, and this office must be notified of any variations fran the dimensions and conditions shown by these drawings. Shep details must be rubmitted to this office !or approval before procecing with fabrcation.
2012@
DEVELOPED BY: CORPORATION FOR BETTER HOUSING
Date: 3f7/12
15303 VENTURA BOULEVARD, SUITE 1110
SHERMAN OAKS, CALIFORNIA 91403
TELEPHONE: (818) 905-2430
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REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 2, 2023
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Designation of a Voting Delegate and Alternates for the League of California Cities 2023 Annual Conference
RECOMMENDATION:

Adopt a Resolution to designate a voting delegate and up to two alternates for the 2023 League of California Cities' Annual Business Meeting
SUMMARY:

This year's League of California Cities Annual Conference is scheduled for Wednesday, September 20, through Friday, September 22, 2023 in Sacramento. One important aspect of the Annual Conference is the annual Business Meeting when the membership acts on conference resolutions. The Business Meeting will take place on Friday, September 22, 2023.

To expedite the management of business, every City is being requested to designate a voting representative and up to two voting alternates who will be present at the Business Meeting.

League bylaws provide that each city is entitled to one vote to determine a city position in matters affecting municipal or League policy matters.

DISCUSSION:

As of the writing of this report, all Councilmembers including Mayor Garcia and Mayor Pro Tem Mejia are registered to attend the conference.

Besides other business which takes place at the meeting, several resolutions are voted on which reflect policy issues facing the State. The resolutions adopted are forwarded to the State and action is encouraged.

Each City that is a member of the League of California Cities is encouraged to designate a voting delegate to represent them at the League. The delegate will have the authority to vote on the resolutions at the meeting. The attached report from the League outlines the procedures for the D-2
meeting and describes each resolution that has been submitted for consideration. The attached correspondence from the League (Attachment 1) requests that the Council designate a voting delegate and up to two alternates to represent the City at the League's Annual Business Meeting.

FINANCIAL IMPACT:

There is no direct fiscal impact associated with designating a voting delegate and two alternates for the 2023 League of California Cities' (League) Annual Business Meeting.

ALTERNATIVES:

The Council may elect not to designate a voting delegate and alternates and forfeit the City’s voting ability at this year’s League of CA Cities Annual Business Meeting.

ATTACHMENTS:

1. Letter from the League of CA Cities including Voting Procedures and Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

LEAGUE OF

CALIFORNIA
CITIES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

LEAGUE OF

CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

LEAGUE OF

CALIFORNIA
CITIES
CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

I.______ _JI
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). illi ••• ----.► G
••• G

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 2, 2023
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Legal Services Agreement for City Attorney Services
RECOMMENDATION:

Adopt a Resolution approving a Legal Services Agreement with Aleshire & Wynder, LP, to provide City Attorney Services
SUMMARY:

The City Attorney is a direct report of the City Council. Since 2019, the City has contracted with Montoy Law Corporation, and specifically Hilda Cantú Montoy, to provide City Attorney services.

Ms. Montoy announced her retirement, with City Attorney services to the City of Madera ceasing mid-July 2023. At Council’s direction, a Request for Proposals (RFP) was published for contract City Attorney services. Based on the outcome of the RFP process, Council selected the firm of Aleshire & Wynder, LP, as the most preferred provider of services and directed staff to negotiate an agreement to provide City Attorney services. The requested action is to approve the agreement for services.

DISCUSSION:

Prior to 2019, the City utilized an in-house City Attorney service delivery model. Over time, this model consisted of one to two attorneys on staff and one paralegal. In 2019, the City moved to a contract service delivery model for City Attorney services. The services were provided by Montoy Law Corporation, with Hilda Cantú Montoy designated as City Attorney for the City of Madera. Ms. Montoy advised the City Council of her intent to retire and staff was directed to publish an RFP for contract City Attorney services.

The RFP was published on the City’s Planet Bids portal May 19, 2023, for a period of four (4) weeks. In addition to using functionality within the Planet Bids system to announce the RFP, staff D-3
identified firms known to provide contract City Attorney services and sent direct letters inviting participation in the RFP process. At the conclusion of the publication period, the City received fifteen (15) proposals for services. All proposals were reviewed by the City Council, and the top four (4) proposals were invited to interview in-person with the Council. At the conclusion of those interviews, the firm Aleshire & Wynder, LP, was the preferred provider of services. Staff was directed to negotiate an agreement for Council’s consideration with the preferred firm.

A Legal Services Agreement has been prepared for Council’s consideration, provided as Exhibit A to the resolution contemplated herein. Key provisions of the proposed agreement include the following.

1. Term
a. The Agreement will be effective August 3, 2023, for a period of two (2) years. b. The agreement will renew annually thereafter based on satisfactory performance reviews of firm by the City Council.

2. Termination
a. The City may terminate the agreement at any time.
b. Firm may terminate the agreement with seventy-five (75) days’ notice to City.

3. Assignment of Personnel
a. Shannon Chaffin will be the designated City Attorney. b. Any changes to the designated City Attorney or any attorneys assigned to work on City matters must be approved by the City Manager.

4. Fee Schedule
a. An introductory partner rate of $250 per hour was negotiated through June 30, 2024. All other rates will be as proposed by firm in their RFP submission. The partner rate will revert to the originally proposed rate of $265 per hour effective July 1, 2024. No other rate adjustments will occur between commencement of the agreement and December 31, 2024.
b. Beginning January 2025, and annually thereafter, rates will be subject to an adjustment based on Consumer Price Index West Region for All Urban Consumers (CPI) October release. Firm may choose to not apply the CPI adjustment. c. Firm must notify City in writing by November 30 of each applicable year of any proposed CPI increase to the rates.

FINANCIAL IMPACT:

All work to be performed under the Agreement is to be billed by hourly rate or cost-recovery of actual expenses incurred by firm. The total financial impact of the new Legal Services Agreement will be determined by work assigned to the firm. Council will continue to be provided with informational reports on the published meeting agenda advising of expenses incurred and yearto-date total expenditures. Funds are included in the proposed Fiscal Year 2023-34 operating budget to pay for contract legal services.

ALTERNATIVES:

Council could:
▪ Direct staff to further negotiate with the preferred firm on contract terms; ▪ Direct staff to negotiate with a different firm; or
▪ Direct staff to publish a new RFP.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Legal Services Agreement with Aleshire & Wynder, LP Resolution No.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A LEGAL SERVICES AGREEMENT WITH ALESHIRE & WYNDER,

LP, TO PROVIDE CITY ATTORNEY SERVICES
WHEREAS, the City of Madera (City) published a Request for Proposals (RFP) seeking qualified legal firms or individuals to provide contract City Attorney Services; and WHEREAS, at the conclusion of the RFP publication period, the City received fifteen (15) proposals for services; and
WHEREAS, after review and ranking of submitted proposals and in-person interviews with the City Council, the firm Aleshire & Wynder, LP, was identified as the preferred service provider for City Attorney services; and
WHEREAS, Aleshire & Wynder, LP, is qualified to provide City Attorney Services and desires to enter into an agreement with City to provide such services; and WHEREAS, a Legal Services Agreement has been prepared that is in the best interests of both parties.

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

1. The above recitals are true and correct.

2. The Legal Services Agreement with Aleshire & Wynder, LP, attached hereto as Exhibit A and incorporated herein, is approved.

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

CITY OF MADERA

LEGAL SERVICES AGREEMENT
This Legal Services Agreement (“Agreement”) is made and entered into the 2nd day of August, 2023, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City” and ALESHIRE & WYNDER, LP, hereinafter called “Firm”.

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

B. Firm has the legal competence, experience, and qualifications necessary to provide professional legal services to the City and is licensed to practice law in the State of California.

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

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

AGREEMENT

1. Scope of Services. Firm 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 herein by reference. Firm 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 and Termination of Agreement. This agreement shall be effective on August 3, 2023, for a period of two (2) years after approval by the City Council at a duly scheduled meeting thereof. The agreement will renew in one-year (1-year) increments thereafter based on satisfactory annual performance reviews of Firm with the City Council. Firm may be contacted following termination of the Agreement for clarification and consultation on matters covered during performance of the Scope of Services. Any such contact will be billed in accordance with Section 4 of this Agreement.
(a) Termination by City. City reserves the right to discharge Firm and terminate this Agreement at any time. In the event of such discharge or termination, the City shall compensate Firm for services rendered and expenses necessarily incurred up to and including the date of termination. City shall terminate services and/or the Agreement by delivering to Firm a written notice specifying the extent to which services and/or the

Agreement are terminated and the effective date of the termination. Notice of termination shall be mailed and emailed as follows:

Aleshire & Winder, LP
Shannon Chaffin, Partner
2440 Tulare Street #410
Fresno, CA 93721
[email protected]
(b) Termination by Firm. Firm may terminate this Agreement at any time by giving the City not less than seventy-five (75) days prior written notice. If Firm elects to terminate this Agreement, City’s rights under any pending matter which may arise from Firm’s services hereunder shall not be prejudiced due to such termination as required by the Rules of Professional Conduct of the State Bar of California. Notices required under this section shall be mailed and emailed as follows:

City of Madera
Arnoldo Rodriguez, City Manager
205 W. 4th Street
Madera, CA 93637
[email protected]
(c) Effect of Termination. Upon receipt of a termination notice, Firm 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 Firm 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 Firm. Firm may not refuse to provide such writings or materials for any reason whatsoever.

3. Assignment of Personnel.
(a) Assignment of Personnel. Firm shall make every reasonable effort to maintain the stability and continuity of Firm's staff and subcontractors assigned to perform the Services under this Agreement. Shannon Chaffin is designated as City Attorney for City. It is understood that from time-to-time, Firm may subcontract with other attorneys to provide services to City or designate other attorneys or support staff from within Firm’s resources to provide services to City. Assignment to attorneys, support staff, or subcontractors other than the designated City Attorney is subject to consultation and confirmation of the City Manager.

All work performed by other than the designated City Attorney will be performed under close

supervision of the City Attorney. Firm shall notify City of any changes in Firm's staff and subcontractors assigned to perform the Services under this Agreement as soon as is practicable to provide such notice.
(b) Cooperation with Special Counsel. It is understood that from time to time the City may wish to retain Special Counsel for certain specified services. Firm will cooperate and collaborate with Special Counsel.
(c) Additional Services. Firm shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of 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. Firm shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Firm, not to exceed the established Fee Schedule in Exhibit B.

4. Compensation for Services. City shall compensate Firm for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Firm by the amounts specified in the Fee Schedule attached hereto as Exhibit B and incorporated herein by this reference.
(b) No adjustments to the Fee Schedule will be made beyond those identified in Exhibit B.
(c) Each month Firm shall invoice City for all work performed and expenses incurred during the preceding month. Invoices shall be submitted by the fifteenth of the following month (i.e., invoice for the month of January will be submitted no later than February 15).

The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed and expenses incurred in order to provide City with a clear and complete understanding of how time was devoted to specific tasks and the fees and costs associated therewith. Invoices shall be made directly to the following address:

City of Madera
Attn: City Manager’s Office
205 W. 4th Street
Madera, CA 93637
(d) City shall independently review each invoice submitted by Firm 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 Firm of the nature and amount of the disputed charge or expense via email to the designated City Attorney. The parties shall seek to resolve the disputed items(s) by mutual agreement as expeditiously as possible.

(e) Payment to Firm for work performed under this Agreement shall not be deemed to waive any defects in work performed by Firm.

5. Independent Contractor Status. Firm 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 Firm’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Firm’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 Firm or its agents or employees perform the services under this Agreement.

6. Qualifications and Professional Standards. Firm 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, Firm shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Firm under this Agreement. Firm represents that to the extent Firm utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Firm also expressly represents that both Firm 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. Firm 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.

7. Identity of Subcontractors and Sub-Consultants. Firm 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 Firm intends to utilize in Firm's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Firm shall only employ subcontractors pre-approved by the City Manager in writing and in no event shall Firm replace an approved subcontractor without the advance written permission of City through its City Manager, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Firm shall be liable to City for the performance of Firm's subcontractors.

8. Subcontractor Provisions. Firm 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 Firm 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 Firm; and (c) compliance with all laws and certifications as required under this Agreement.

9. Power to Act on Behalf of City. Firm 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. The designated City Attorney may act within any provisions of the City of Madera Municipal Code that provide authority or power to act on the City’s behalf in the capacity of City Attorney within the parameters set forth therein.

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

11. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Firm 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, Firm 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. Firm 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.

12. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Firm 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. Firm 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. Firm shall also require its subcontractors to be bound to these confidentiality provisions.

13. City Name and Logo. Firm shall not use City’s name or insignia, photographs relating to the City projects for which Firm’s services are rendered, or any publicity pertaining to the Firm’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 through its City Manager.

14. Conflicts of Interest. Firm warrants that neither Firm 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 Firm’s performance of services under this Agreement. Firm 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, Firm 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 Firm 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. Firm 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 Firm will perform nonrelated 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.

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

16. City Right to Employ Other Firms. This Agreement is non-exclusive with Firm. City reserves the right to employ other legal service providers in connection with the Services at its discretion.

17. Insurance. Firm 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. Firm shall provide City with copies of required certificates of insurance upon approval of this agreement by City Council, and annually thereafter on or before the policy renewal date.

18. Indemnity and Defense. Firm 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 Firm’s performance of its obligations under this agreement or out of the operations conducted by Firm, 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 Firm’s performance of this agreement, the Firm 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.

If the Firm is named in a lawsuit that arises out of an act or mission by the City Council, a City commission, City committee, or City employee, which was made against the express advice of the Firm, or where the Firm was not consulted, the City would defend and identify the Firm.

19. Compliance with All Laws. Firm 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, Firm 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 Firm 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, Firm shall not assign the payment of any monies due Firm 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 Firm directly to Firm.

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: Arnoldo Rodriguez
City of Madera
205 W. 4th Street
Madera, CA 93637
Email: [email protected]
To Firm: Aleshire & Winder, LP
Shannon Chaffin, Partner
2440 Tulare Street #410
Fresno, CA 93721
[email protected]
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 Firm, 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 Firm and only in the capacity as described within this Agreement.

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 Firm 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. Firm 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 Firm employees or applicants for employment. Firm 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.

IN WITNESS WHEREOF, the City and Firm have executed this Agreement on the date(s) set forth below.

ALESHIRE & WYNDER CITY OF MADERA
By: ___________________________ By: ______________________________ Shannon Chaffin, Partner Santos Garcia, Mayor
Date: __________________ Date: ______________________
ATTEST:

By: ___________________________
Alicia Gonzalez, City Clerk

EXHIBIT A

SCOPE OF SERVICES

1. Act as the City’s designated City Attorney.

2. Provide advice and training to the City Council, Boards and Commissions, City officials, and staff on legal matters pertaining to municipal government, including the Ralph M. Brown Act, AB 1234 ethics, conflicts of interest, parliamentary procedures for running meetings, and other legal requirements applicable to municipalities and their elected officials imposed by statute.

3. Provide legal advice, written legal opinions, and consultation on matters affecting the City to the City Council, City Manager, boards, commissions, committees, officers, and employees of City in accordance with such policies and procedures as may be established by City.

4. Review agendas and staff reports for:
a. City Council
b. Successor Agency
c. Planning Commission
d. Various other City committees/commissions, as needed.

5. Prepare or review necessary legal documents such as: ordinances and resolutions; various types of agreements; real property instruments of varying nature including purchase agreements and escrows, leases, covenants, deeds, easements and licenses; bond size, amount, and offering terms and conditions; public works construction documents including bid specifications, contracts, bonds, insurance, liens and related documents; memorandums of understanding; franchise agreements; bargaining agreements and bargaining agreement language, employment agreements, independent contractor agreements, investigative reports, as required, Public Records Act requests/responses, and similar documents, as requested by City.

6. Represent and advise City on pending and potential litigation as requested by City.

7. Attend meetings virtually or in person and advise on procedural and substantive issues that arise during meetings as needed. Regular meeting dates for the identified bodies are:
a. City Council: 1st & 3rd Wednesday of each month, 6:00 pm (generally required) b. Redevelopment Agency Successor Agency: 2nd Wednesday of each month, 6:00 pm (as needed)
c. Planning Commission: 2nd Tuesday of each month, 6:00 pm (as needed)

d. Council workshops or other meetings as specified by the City (as needed)

8. Analyze proposed and enacted legislation, published legal opinions, and other matters that may have an impact on the operations of the City upon request.

9. Review Requests for Proposals to be published before publication upon request.

10. Appearances at Court for Pitchess Motions.

11. Review of Public Records Act requests as well as documents scheduled for production prior to response/production upon request.

12. Potentially litigate matters not covered by the City’s insurance pool, to include land use and planning issues, breach of contract matters, and the like.

13. Upon request, provide litigation coordination and oversight for tort liability claims and litigation. Primary legal coverage is provided through the City’s insurance pool; the City Attorney’s office provides general legal oversight in partnership with the City’s risk management staff.

14. Prepare annual audit letter regarding all pending litigation.

15. File restraining orders on behalf of City and staff, as necessary.

16. Upon request, prepare and/or review Deeds of Reconveyance, demands for payment, Release of Lien documents and other related documents.

17. Provide legal assistance pertaining to land use issues including, but not limited to, property acquisition, property disposals, public improvements, easements, dedications, CEQA, and public utilities as requested.

18. Provide legal advice and services on personnel matters as requested.

19. Be available for telephone consultation with City staff, as needed, on legal matters which are within their area of operation and maintain office hours at City Hall or virtually as requested by the City Manager at times mutually agreed to by the City Manager and designated City Attorney.

20. Promptly respond to calls, emails, and correspondence from City officials and staff.

21. Perform such other legal duties as may be required by the City Council and City Manager that are necessary to complete the performance of City Attorney functions.

22. In addition to the more technical scope of work outlined above, the City Attorney must understand his/her role in local government, avoiding political debates and active participation in the policy and managerial decision-making process entrusted to the City Council and City Manager. The City Attorney is expected to provide technically sound, impartial, and consistent legal advice to members of the City Council and City staff while

maintaining trust and an unwavering ethical standard no matter the situation or individuals involved.

EXHIBIT B

SCHEDULE OF COMPENSATION

1. Fee Schedule
Table 1. Hourly Fee Schedule
Personnel Category General Services Litigation & Special Services
Unique Services &
Reimbursable Fees
Rates effec�ve August 3, 2023, through June 30, 2024
Partner $250 $290 $350-$400*
Associate $245 $250 $350
Law Clerk $155 $165 $165
Paralegal $155 $165 $165
Document Clerk $105 $105 $105
Travel No Charge Hourly Rate + Mileage
Rates effec�ve July 1, 2024
Partner $265 $290 $350-$400*
Associate $245 $250 $350
Law Clerk $155 $165 $165
Paralegal $155 $165 $165
Document Clerk $105 $105 $105
Travel No Charge Hourly Rate + Mileage
*Unique Services for Partner Rate will be billed as $350/hour for water-law/litigation, $400/hour for finance matters, and $375/hour for any work reimbursable to City under a third-party agreement

2. Fee Schedule Adjustments
The Fee Schedule as illustrated in Table 1 above shall remain in effect through December 31, 2024, unless otherwise adjusted by the City Council and Firm by mutual written agreement.

Commencing January 1, 2025, and each January 1 thereafter for the term of the agreement, all identified hourly rates are subject to increases based on the increase in the Consumer Price Index West Region for All Urban Consumers (CPI) October release, rounded to the nearest dollar, applicable to City’s area for the immediately preceding calendar year (12-month lookback). Firm shall have the right to unilaterally defer or waive any CPI adjustment at its discretion. Firm shall provide City written notice by November 30 of each applicable year of proposed adjustments. Said written notice shall be provided to the City Manager via email or delivery through the United States Postal Service.

3. Definition of Service Categories
a. General Legal Services are defined as:
i) Providing routine legal advice, consultation, and opinions to City Council and staff; ii) Assisting in the preparation and review of ordinances, agreements, contracts and related documents, forms, notices, certificates, deeds, and other documents required by the City.
iii) Attending all City Council, Planning Commission, and other meetings of Boards and Commissions of the City as deemed necessary, including when serving in an advisory capacity to the Council, Commission, or Board during an administrative hearing. iv) Attending weekly staff meeting as needed, at the discretion of the City Manager. v) Consulting with Councilmembers, City Manager, and City staff as needed. vi) Rendering legal advice and opinions concerning legal matters that affect the City, including new legislation and court decisions.
vii) Performing research and interpreting laws, court decisions, and other legal authorities to prepare legal opinions and to advise the City Council and management staff on legal matters pertaining to City operations.
viii) Monitoring pending and current state and federal legislation and case law as appropriate.
ix) Coordinating the work of outside counsel as needed and as directed by the City Council and City Manager.
x) Code enforcement matters to include preparing templates, ordinance updates or replacements, answering questions from staff and providing routine advice, assisting with notices, and negotiations with represented parties for compliance. xi) Legal analysis of Public Records Act requests and preparation of responses on behalf of the City.
xii) Preparation and legal analysis of routine City contracts. xiii) Review and advice on purchasing matters, claim settlement authority, and government tort claim notices in compliance with City’s municipal code provisions where City Attorney concurrence is required.

Firm shall not charge for travel time or mileage to and from City Hall or any services provided under the General Legal Services category. Firm shall not charge for brief, routine telephone calls with the City Council, City Manager, and City staff. b. Special Legal Services are defined as:
i) Code enforcement civil court proceedings and administrative hearings where Firm is acting as prosecutor on behalf of City.
ii) Civil proceedings to appoint a receiver pursuant to the Health and Safety Code. iii) Administrative hearings and appeals involving labor and employment, administrative citations, permit and conditional use permit denials, revocation hearings of approved entitlements, and cannabis appeal hearings when Firm is acting as prosecutor on behalf of City.
iv) Preparing and conducting investigations; representing City staff during investigations. v) Preparation and attendance at Pitchess motion hearings.

vi) Preparation for and attendance at third party depositions of City staff. vii) Labor negotiations and preparation of personnel rules and procedures. viii) Labor Commissioner hearings.
ix) Legal analysis of use of force incidents.
x) On-call response to use of force incidents.
xi) Preparation for and attendance at Skelly hearings.
xii) Preparing and advising on employment items including employment notices such as interview notices, notice of intended disciplinary action, and notice of disciplinary action.

In addition, the following constitute special legal services: Successor Agency matters, rent control, housing, enterprise funds, franchise negotiations, major contract negotiations, municipal finance matters (other than bonds and similar financial services), environmental and toxics, water, energy, franchises, utilities and telecommunications, solid waste, mobile home matters, and similar matters requiring special expertise. c. Litigation Legal Services are defined as:
i) Civil litigation commenced by or filed against the City in state or federal court. ii) Writ of mandate, eminent domain, unlawful detainer, and small claims actions. iii) Mediations, arbitrations, Public Employee Relations Board, and California Department of General Services Office of Administrative Hearings hearings. iv) Injunctions, restraining orders, judgment liens, and protective orders. v) State or federal court appellate proceedings.

The litigation services rates provided within this proposal do not include any fees or costs charged by an expert witness or specially retained counsel. d. Unique Services are defined as specialty public finance and certain water-law work. i) Public finance services include the issuance or potential issuance of debt, loans, certificates of participation including formation of assessment or community facilities districts, etc. Expenses shall be charged at the cost thereof, which expenses shall include the cost of special tax counsel, if applicable, in an amount not to exceed $5,000.00 and not to exceed other expenses fee (excluding special tax counsel) of $2,500.00 per bond transaction.
ii) Water-law work, including issues regarding water rights and litigation regarding the same.
e. Fees Reimbursable by a Third Party
Legal services performed on matters where the City is reimbursed by a third party, such as development agreements.

4. Reimbursable Expenses
In addition to the hourly rates, Firm shall be reimbursed for out-of-pocket expenses such as photocopies ($0.20 per page) and other reproduction costs, facsimile charges, messengers and couriers, court reporters, mileage costs to court and administrative proceedings, travel expenses outside of the City for special and litigation services, and other costs and expenses incurred on behalf of the City. Notwithstanding the foregoing, Firm shall not charge for word processing, routine computer-assisted legal research, local calls, or mileage to City Council meetings, City Hall or City offices. When on site, Firm shall have the ability to use City copiers and telephones without charge.

Firm shall charge for travel outside of the City in connection with administrative or judicial proceedings, or when traveling outside of Fresno or Madera County. Travel costs include mileage (current IRS rate), parking, airfare, lodging, meals, and incidentals. Travel time may also be charged in connection with such proceedings. In addition, the City will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with the City.

Registration fees for attorneys attending conferences and seminars shall be paid by Firm and are never charged to the City unless attendance is expressly requested by the City.

EXHIBIT C

INSURANCE
Without limiting Firm’s indemnification of City, and prior to commencement of Work, Firm 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
Firm 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 Firm 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. Firm 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. Firm 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 Firm 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 Firm’s bid.

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

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

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

Additional Insurance
Firm 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.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 2, 2023
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

State Route 99 Block Wall Enhancement Project Artwork Selection RECOMMENDATION:

Consider the Recommendations by the Arts Selection Committee and Adopt a Resolution Approving Artwork for the State Route 99 Block Wall Enhancement Project SUMMARY:

During the February 15, 2023, Council meeting, staff presented the Clean California State Beautification Program – Madera Block Wall Enhancement Project (Project) implementation plan and requested direction on several items. During said meeting, Council:
 Approved a Transportation Arts Agreement between the Department of Transportation (Caltrans) and the City in the amount of $100,000
 Approved a Memorandum of Understanding (MOU) between the City and Madera County Arts Council (MCAC) in the amount of $6,000
 Established the Arts Selection Committee (ASC)
 Appointed Mayor Pro Tem Mejia and Councilmember Evans to the ASC The MOU between the City and MCAC outlines that the latter would assist with the sourcing of an artist, artwork, and the installation process, whereas the ASC would assist in the finalization of the solicitation process and the selection of the artwork. The ACS would ultimately make a recommendation of artwork to the Council for approval. Upon Council approval of the art, the ASC would dissolve.

This item is to provide Council with the ASC’s recommendations for selecting the artwork.

D-4
DISCUSSION:

Specifically, the Madera Block Wall Enhancement Project aims to:
 Beautify the recently constructed block wall on the east side of SR 99, south of the 4th Street off-ramp.
 Aesthetically enhance the area by adding landscaping features.  Add to placemaking by promoting the civic pride, connection, and community placemaking through the installation of artistic design on the block wall.

As part of their efforts, Caltrans erected a split-face concrete masonry unit (CMU) wall and will add landscaping on the east side of State Route 99. This art project would add 5 sets of 4 panels to the wall for 20 panels. The panels may consist of a single artwork or distinct pieces.

While the construction and maintenance of the Project are relatively simple to define, selecting an artist and appropriate artwork is more subjective. Thus, staff recommended the following for selecting an artist and artwork.

1. Selection of the artist
Staff suggested that Council establish an ASC to serve as an advisory body. The ASC consists of the following members:
 City Council: Mayor Pro Tem Elsa Mejia
 City Council: Councilmember Anita Evans
 Madera County Arts Council: Jim Kocher, Executive Director  Madera Community College: Steve Norton, Art Instructor  Madera Unified School District: Ginger Latimer, Theatre Instructor

2. Selecting the art
The ASC oversaw the solicitation process, which included publishing a Request for Proposals (RFP). The RFP included eligibility, general specifications, artwork qualities, acknowledgments, and selection criteria. The RFP was shared with Madera Unified School District’s Director of Arts Education, published on the MCAC website, shared on social media outlets by both the City and MCAC, as well as the MCAC e-newsletter of over 1,300 subscribers.

Table 1 summarizes the progress of the Project since the February 15, 2023, Council meeting.

Table 1: Project progress since the February 15, 2023 Council meeting Date range Tasks
February 16 – March 30,
2023
Initial meetings between City and MCAC to confirm directives from Council, plan of action, and goals of Project. Members of the ASC finalized the RFP with the scope of work, schedule, and selection criteria
March 31, 2023 RFP opened for artists' proposals
April 16, 2023 Submissions due
April 17 – May 30, 2023 Initial selections made by the ASC after rating proposals submitted
June 1 – July 14, 2023 ASC made final selections after interviews were completed with artists. MCAC provided pertinent information to City staff for preparation of report to Council.

August 2, 2023 City Council considers the recommendations made by the ASC and selects the art
The ASC was responsible for reviewing responses to the RFP. After rating responses, the ASC was tasked with making a recommendation to the City Council. Upon completion of the artist and artwork selection, the ASC would dissolve. The partnership between MCAC is differentiated here, as the MCAC will continue to assist with the Project through artist contract oversight and the artwork installation phase.

RESPONSES TO THE RFP
A total of 17 artists submitted proposals. The ASC recommended that nine artists advance for Council consideration based on rating scores from the ASC. The nine artists were interviewed by members of the ASC, with their artwork submissions presented in the report herein.

ASC RECOMMENDATIONS
The ASC has three different options for consideration, with only one option being able to be selected by Council.

Option No. 1
 Includes a variety of 5 artwork pieces, by 5 artists; each with 4 panels.  Includes artwork by Daniel Van Gerpen, Amy P. Morgan, Patricia Pratt, Andrea Torres, and Anne Whitehurst.

Option No. 2
 Includes variety of 5 artwork pieces, by 5 different artists; each with 4 panels.  Includes artwork by Daniel Van Gerpen, Amy P. Morgan, Chieko Delgado, Andrea Torres, and Patricia Pratt.

Option No. 3
 All 5 pieces, at 4 panels each, a total of 20 panels, all by the same artist.  Sole artist, Daniel Van Gerpen.

NEXT STEPS
Upon Council selection of artist/s and artwork, the artist/s will enter into an Art Maintenance Agreement, as outlined by Caltrans. This Agreement will be presented to Council for consideration. Said agreement must be executed prior to the installation of the artwork. Staff will also secure a vendor capable of converting the artwork to vinyl and metal frames. This will include a digital photograph of the artwork selected, then a transfer to a high-grade vinyl, followed by the vinyl being wrapped around a block of rigid foam fastened to a metal frame.

FINANCIAL IMPACT:

As the recipient of the Clean California State Beautification Program funds, the City budgeted the $100,000 cost of the Project in the Fiscal Year 2023/2024 Parks Grant Fund, #41096355.

Budgeted is the expected reimbursement-based revenue of $100,000 and the $100,000 in expenses. The agreement between Caltrans and City allows for the funds to cover the costs of procuring artist/s, administering artist contract/s, and the provision and installation of the panels.

Table 2 provides a synopsis of expenses to date and anticipated costs.

Table 2: Expenses to date and anticipated expenses
Tasks Amount
MCAC: Administrative fee for their assistance with the project $6,000 $250 to each of the 9 finalists for their time and material $2,250 Panel compensation: selected artists will receive $2,000 per panel. Considering there are 20 panels, compensation will equal $40,000
$40,000
Conversion of artwork to vinyl-wrapped foam panels, the framing of panels, and the installation costs
$51,750
Total $100,000
ALTERNATIVES:

Council may instruct the ASC to make a new recommendation for consideration, with new variances in artist/s and artwork per Council directive and bring the new recommendation/s to an upcoming Council meeting.

ATTACHMENTS:

1. Resolution – Approving Artwork for the Madera Block Wall Enhancement Project

2. Meet the Artists

3. Artwork Options
Attachment 1.

Resolution - Approving Artwork for the Madera Block Wall Enhancement Project RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING ARTWORK FOR THE MADERA BLOCK WALL ENHANCEMENT

PROJECT
WHEREAS, in 2021 the State allocated over $1.1 billion for the Clean California initiative that aimed to make a significant investment in litter collection, community engagement, and education to ultimately transform unsightly roadsides into spaces of pride for all Californians; and
WHEREAS, Caltrans and the City have entered into a cooperative agreement under the Clean California State Beautification Program (CCSBP) to fund the Madera Block Wall Enhancement Project in the amount of $100,000; and
WHEREAS, specifically, the Project aims to beautify the newly constructed block wall on the east side of State Route 99, south of 4th Street; and WHEREAS, enhancing and beautification through oleander planting and vines in front of the block wall; and
WHEREAS, cultural connection and community placemaking through the installation of the artistic design on the block wall; and
WHEREAS, the Council has selected the artwork that will be installed on the block wall; and
WHEREAS, the City selection of artwork allows Caltrans and the City to prepare an Art Maintenance Agreement to prepare for artwork installation; and WHEREAS, the Art Maintenance Agreement will be presented to Council when finalized and must be approved before the artwork is installed.

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

1. The above recitals are true and correct.

2. Artwork selected for the Madera Block Wall Enhancement Project includes the following artwork by the following artist(s):
_______________________________________________________________

3. This Resolution is effective immediately upon adoption. *************
Attachment 2.

Meet the
Artists
Meet the Artists
Robert Amador Jr.

Robert is a Fresno-based artist. Artist highlights include:
 Mexican American Patio at the Big Fresno Fair
 Bitwise Industries – Bakersfield
 Container Home – St. Louis
 Anzula Yarn Factory
 Bitwise Hive – Fresno
Chieko Delgado
Chieko is a Sanger based artist. Artist highlights include:
 Alliance of California Artists
 Clovis Art Guild
 Madera Arts Council
 Kingsburg Arts Council
 Sanger Arts Council
 Big Fresno Fair
 Celebrate Agriculture with the Arts – Madera
 Fresno County Blossom Trail Poster Contest
 Chieko has ties to the Joshibi University
of Art and Design in Tokyo, Japan
Daniel Van Gerpen
Daniel is a Fresno-based artist. Artist highlights include:
 Mural projects
 Melody Park Christian School - Salinas
 Journey Mural - Salinas
 Slagle Hall Mural - Univ of South Dakota
 Skate Park Mural - Vermillion, SD
 Oak Hills Baptist Church - Sioux Falls, SD
 Best of Show – 2021,
Celebrate Agriculture with the Arts
 Daniel holds a Bachelor of Arts from the
University of South Dakota
Amy P. Morgan
Amy is a Clovis-based artist. Artist highlights include:
 San Diego State University, M.F.A. in Art
 University of Georgia, 35 credits of post-baccalaureate coursework in ceramics
 Amy holds a Bachelor of Arts in Studio Art
from Carleton College
Patricia Pratt
Patricia is a Merced-based artist. Artist highlights include:
 Bitwise – Merced CA
 Farmworker Mural – Visalia, CA
 El Capitan Hotel – Merced, CA
 Juntos Mural – Porterville, CA
 DOMO Art Walls – Modesto, CA
 Paskenta Band of Nomlaki Indians – Corning, CA
 Mainzer Theatre – Merced CA
 Moezart Tattoo – Turlock, CA
Eddie Rodriguez
Eddie is a Merced-based artist. Artist highlights include:
 Melody Park Christian School - Salinas
 Journey Mural - Salinas
 Slagle Hall Mural - Univ of South Dakota
 Skate Park Mural - Vermillion, SD
 Oak Hills Baptist Church - Sioux Falls, SD
 Best of Show – 2021,
Celebrate Agriculture with the Arts
 Eddie holds a Bachelor of Fine Arts
from the Academy of Art University, San Francisco
Kerby Smith
Kerby is a Coarsegold-based artist. Artist highlights include:
 Various Mural Projects
 Sorenson Gallery - Fresno
 Kerby holds a Bachelor of Arts in Art from Hobart College  Kerby is also a photographer.

Andrea Torres
Andrea is a Fresno-based artist. Artist highlights include:
 Mural project in Mendota High School
 Mural project in Sequoia Middle School
 Mural project in Vinland Elementary School
 Andrea is in the progress of obtaining a Master of
Science Educational Counseling from the
National University, Fresno
 Andrea holds a Bachelor of Arts degree in
Art and French from California State University of Fresno Anne Whitehurst
Anne is a Fresno-based artist. Artist highlights include:
 Mural project in Del Mar Elementary School – Fresno
 Mural project in Tourist Center – Merced
 Mural project in Burrell Elementary – Fresno
 Mural project in the City of Los Banos
 Mural project in the City of Millikin
Attachment 3.

Artwork Options
Option No. 1
Artist: Daniel Van Gerpen Artist: Amy P. Morgan
0 e 0
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00 Artist: Patricia Pratt Artist: Andrea Torres
Artist: Anne Whitehurst
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00 00
Option No. 2
Artist: Daniel Van Gerpen Artist: Amy P. Morgan
00 00

Artist: Chieko Delgado Artist: Andrea Torres
Artist: Patricia Pratt
• .Lr
00 4.6 feet

4.6 feet
Option No. 3
Artist: Daniel Van Gerpen Artist: Daniel Van Gerpen
0 e -:
-.:,
00 00
Artist: Daniel Van Gerpen Artist: Daniel Van Gerpen
Artist: Daniel Van Gerpen
00 REPORT TO CITY COUNCIL
Approved by: Council Meeting of: August 2, 2023
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational report on USGA Site visit to the Madera Municipal Golf Course RECOMMENDATION:

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

During the June 21, 2023 Council meeting staff presented the Ninth Amendment to the Madera Municipal Golf Course Operation and Management Lease Agreement with SGM Inc. dba Sierra Golf Management, Inc. There is a provision in the original 2009 contract requiring an annual audit be conducted by the United States Golf Association (USGA); however, the report had not been previously prepared.

The staff is providing this report to inform Council that the USGA annual audit provision has been satisfied.

DISCUSSION:

On July 21, 2023, the USGA conducted its first audit of the Madera Municipal Golf Course. The audit findings were generally favorable. The course is over 30 years old and in good shape, except for several items requiring upgrades or general maintenance.

Recommendations made by USGA are presented below:

1. Upgrade Irrigation System
E-1

2. Increase Weed Control

3. Putting Greens – increase sand dilution and decrease surface patch.

4. Bunker renovation

5. Upgrade to hybrid Bermudagrass
The establishment of a seven (7) member golf committee was approved by Council during the July 19, 2023, meeting. The USGA recommendations will be scheduled for discussion during the Committee’s upcoming.

FINANCIAL IMPACT:

Funding for Golf Course Capital improvement projects will be generated by revenues outlined within contract amendment nine.

ALTERNATIVES:

This is an informational item only.

ATTACHMENTS:

1. USGA Site Visit Report for Madera Municipal Golf Course 21 July 2023 Brian Whitlark | Regional Director, West Region | (480) 215-1958 | [email protected] Madera Municipal Golf Club
Madera, California
Visit Date: July 21, 2023

Present:

Jeremy Jordan, Golf Course Superintendent
Dan Bacci, Sierra Golf Management
Jon Christensen, Sierra Golf Management
Brian Whitlark, USGA Green Section

COURSE CONSULTING SERVICE
Site Visit Report
USGAGreenSection
2 Executive Summary
Thank you for the invitation to conduct the first Course Consulting Service visit to Madera Municipal Golf Course on behalf of the USGA Green Section. The purpose of the Course Consulting Service is to collect and distribute information on the proper construction and maintenance of golf courses. Each visit offers an impartial yet concerned perspective regarding turfgrass growth requirements, practical information on maintenance practices to address your needs, and sharing information from other courses that we visit that may be helpful to your operation. This information is provided free of bias since the USGA is not affiliated with manufacturers or suppliers. In short, we are a tool to help your superintendent and management team provide better turf for better golf.

This was my first visit to Madera Municipal Golf Course. The golf course is about 30 years old, and it is clear that there have been no capital improvement projects completed at the golf course. The infrastructure of the golf course is aging, and the most important topic of this report will be the need to upgrade components of the irrigation system. We will also discuss the importance of significantly increasing weed control efforts. A brief summary of the topics discussed in this report is included below:
• Irrigation system. Despite a significant reduction in irrigated turf, the irrigation system is insufficient to properly deliver water adequately and efficiently to this golf course. It is recommended for the City to consider significant upgrades to the pump station and irrigation system at Madera Municipal Golf Course.
• Weed control. Weeds are a significant problem at this golf course, and weed control efforts need to be increased in primary playing areas such as green surrounds, fairways and tees. • Putting greens. The putting greens are in good health in general, but they are very soft and spongy. We will discuss increasing cultural practices to improve sand dilution and decrease surface thatch.
• Bunkers. The bunkers have exposed sumps which are unsightly and impact playability but do help to drain the bunkers during rainfall events. While not an immediate priority in my opinion, a bunker renovation should be considered in the future. • Bermudagrass upgrade. After upgrading the irrigation infrastructure, it is recommended to consider upgrading to hybrid bermudagrass, which could be sprigged to the fairways perhaps nine holes per year. This would improve golf course aesthetics and playability year-round. ------------
3 Table of Contents
Irrigation................................................................................................................................... 4 Observations.............................................................................................................................. 4 Recommendations ..................................................................................................................... 5 Bermudagrass Upgrade.......................................................................................................... 6 Observations and Recommendations......................................................................................... 6 Weed Control ........................................................................................................................... 7 Observations.............................................................................................................................. 7 Recommendations ..................................................................................................................... 7 Putting Greens......................................................................................................................... 8 Observations.............................................................................................................................. 8 Recommendations ..................................................................................................................... 8 Bunkers .................................................................................................................................... 9 Observations.............................................................................................................................. 9 Recommendations ..................................................................................................................... 9 Closing Comments.................................................................................................................. 9 USGA Green Section............................................................................................................. 10 Turfgrass and Environmental Research ................................................................................... 10 Tools and Solutions.................................................................................................................. 10 Green Section Record.............................................................................................................. 10 ------------
4 Irrigation
Observations

1. Antiquated System
The irrigation system is now over 30 years old. Most courses will replace irrigation satellites, sprinklers, lateral and mainline valves between year 15 and 25, and often courses will replace the entire irrigation system at year 30 to 35.

2. System Limitations
The irrigation system does not deliver water adequately and efficiently to this golf course. The system only delivers about 1,200 gallons per minute, which is only about 40% of what a typical golf course will pump out to an 18-hole golf course. This means not enough water can be delivered to the golf course during an evening irrigation cycle, and the time in which to apply water is 11 to 13 hours. A system with adequate pressure and flow could deliver more water in a window of only about six hours. The long water window creates wet conditions for golfers playing early in the morning and does not facilitate deep watering.

3. Multiple Sprinklers Per Valve
Most all golf courses I work with (approximately 90 golf courses per year) have the ability to control every sprinkler individually. At Madera, there are two to three sprinklers per station and, in some cases, five to six sprinklers per station. This means limited ability to apply site-specific water and results in inefficient use of water and overwatering.

4. Inconsistent Spacing
The spacing among the sprinklers is inconsistent, which results in localized wet and dry areas.

5. Valves Not Working
Mainline and lateral line valves are not working properly. This means that to conduct any repairs across the golf course, the team must shut off the pump station. During the summer months, this is a significant inconvenience and puts turfgrass throughout the golf course at risk of failure.

6. Pump Station in Poor Condition
The pump station is in very poor condition and is exposed to the elements.

7. No Independent Watering
It was great to see that irrigated turf was removed several years ago. It was reported that the team now irrigate only about 75 acres of turf compared to about 105 acres of turf several years ago. However, the sprinkler design is not set up to independently water only these 75 turf acres.

This means water is applied where it is not needed.

8. Poor Sprinkler Design Around Greens
There are full-circle sprinklers around greens, which means water must be applied to green surrounds and bunkers when greens are watered. Ideally, greens would be watered with partcircle sprinklers designed only for the greens to allow deep watering of greens without flooding bunkers.
------------
5 Recommendations

1. System Component Replacement
At the very least, it is suggested to replace swing joints, sprinklers and irrigation satellites and add a central irrigation computer. This is the very minimum irrigation component replacement plan. This plan does not allow for redesigning irrigation spacing to accommodate the new turf lines and does not replace lateral line pipes which are more likely to fail in the next five to ten years. Below is an industry reference that provides the expected useful service life of irrigation components:

GOLF COURSE ITEMS
HOW LONG SHOULD PARTS OF THE GOLF COURSE LAST!
No two golf courses are alike except for one thing: deferring replacement of key items can lead t o greater expense in the future, as well as a drop in conditioning and player enjoyment. The following information represents a realistic timeline for each item's longevity.

Component life spans can vary depending upon location of the golf course, quality of materials, original installation and past maintenance practices. The American Society of Golf Course Architects (ASGCA) encourages golf course leaders to work with an ASGCA member, superi ntendents and others lo assess their course's components.

ITEM YEARS
Greens (1)
Bunker Sand
Irrigation System
Irrigation Control Svstem
Pump Station
Cart Paths - asphalt (2)
Cart Paths - concrete
Practice Range Tees
Tees
Corrugated Metal Pipes
Bunker Drainage Pipes (3)
Mulch
Grass (4)
15- 30 years
5 - 7 years
10 - 30 years
10- 15 vears
15- 20 vears
5 - 10 years (or longer)
15 - 30 years (or longer)
5 - 10 years
15 - 20 years
15 - 30 years
5 - 10 years
1 - 3 years
Varies
NOTES: (1} Sevef6lf6ctors can weigh into the decision to replace greens: accumularion of layers on the surface of the ori(Jint1l constroction, the desire to converz 10 new 9rasses and ,-esponse ro chan9es in rhe game from an erchitectural stendµoiol tlih the interaction beMeen green speed and hole locatiMs). /2) Assumes on-going mainrenance begmning J • 2 years after installation. (3) Typically replaced because rfle s.tnd ls being changed-while rhc machinery is there ro change sand, it's often a good time to replace the drainage pipes as we(!. (4} As new grasses enter the markelplwce -fa, ext1mple, lhmi't! th1:1t fue more drought and disea~·e tolerafll - rephmting msy be spproprit1le, depemJilfy u()onthesire.

ASGCA thanks those at the USGA Green Section, Golf Course Builders Association of America, Golf Course Superintendents Association of America and various suppliers for their assistance in compiling this information.

The materials presented on this chart have been reviewed by the following Allied Associations of Golf:
fl
OCBAA" ,,,,_ use.A.

For more information, contact ASGCA at (262) 786-5960 or visit www.ASGCA.org DATA COMP/LEO BY ASGCA, 126 NORTI/ EXECUTTVE OR/YE, SUITE 30Z, BROOKFIELD, WI 63006 6 2. Pump Station Replacement
In Central California, the irrigation system is the lifeblood of every golf course and effectively is the most important part of the golf course. Without it, you do not have a golf course. Replacing the irrigation system components in conjunction with upgrading to hybrid bermudagrass would have a significant positive impact on the golfer experience for the long-term viability and sustainability of this golf course. It is strongly recommended to replace the pump station with a system that is capable of delivering at least 2,500 gallons per minute. • You may wish to reach out to Cloudburst Engineering in Palm Desert to assist with the pump station replacement.
• It is also strongly recommended to reach out to in irrigation designer such as BTG Golf LLC for consultation on the system hydraulics. It is critical to size the pipe properly leaving the pump station and throughout the golf course to provide adequate flow. • Below I have included several articles on the importance of replacing the irrigation system. ♦ How Do We Know When It Is a Good Time to Replace Our Irrigation System? ♦ How Long Does an Irrigation System Last?
♦ Irrigation System: There Is More Than Meets the Eye
♦ New Irrigation System Offers Significant Water Savings ♦ Proper Pump Maintenance and Testing
♦ Making Your Case for An Irrigation Renovation
♦ USGA Water Use and Irrigation Literature
Bermudagrass Upgrade
Observations and Recommendations

1. Hodgepodge of Grasses
The primary playing areas in green surrounds, fairways and tees consist of a hodgepodge of grasses including common bermudagrass, cool-season and warm-season weeds, and patches of hybrid bermudagrass. The current combination of grasses and weeds does not provide the ability to deliver good conditions any time of the year. While golfers may consider the conditions acceptable, there is a huge opportunity at this facility if the irrigation system is upgraded to convert to hybrid bermudagrass and deliver a far superior playing experience, and one that will use much less water.

2. Convert To Hybrid Bermudagrass
While many courses are sodding hybrid bermudagrass at a cost of about $.70 per square foot, there is an option to sprig bermudagrass at a cost of about $.15 per square foot. However, this would require closing nine holes for a period of about 90 days during the summer months to complete the conversion. It is important to note that it is not recommended to consider any conversion until the irrigation system is upgraded. The success of the conversion relies on improved irrigation coverage. The current system limitations would significantly limit the success of the conversion. Here is an article that explains bermudagrass conversion in greater detail. 7 Weed Control
Observations

1. Significant Weed Population
Unfortunately, the golf course is littered with both cool-season and warm-season weeds. Green surrounds, fairways and tees have a very high weed population which significantly detracts from the golfer experience. It also weakens the existing turfgrasses.

Recommendations

1. Increased Weed Control Program
While it may be several years until the City has the funds to upgrade the irrigation system and convert to hybrid bermudagrass, weed control efforts should be increased immediately. There is a big opportunity to significantly reduce the weed population during the summer months, which will ultimately increase the health of the common bermudagrass. Please consider the following weed control program:
• Increased nitrogen. First and foremost, nitrogen should be increased on fairways to improve common bermudagrass density and coverage. It is always impressive to see that when bermudagrass density improves, the weed population decreases. Ideally, you would apply at least 2 pounds of nitrogen per 1,000 square feet between mid-September in late October and apply another 2 pounds of nitrogen per 1,000 square feet from early April through the end of May. Nitrogen should be applied only where necessary during the summer months.
• Spring preemergent weed control. Please consider the following two options for preemergence weed control, which should begin in late February or early March:
♦ One option is to spray indaziflam (Specticle®) on green surrounds, fairways and tees.

The Specticle will kill a majority of existing cool-season weeds. Specticle can be expected to provide weed control through the end of August. It is critical to avoid spraying Specticle within a 15-foot barrier of the putting greens. In this zone, it is recommended to use a combination of prodiamine and Pennant Magnum® for preemergence control. A second application will be needed in late May, and the chemistry should be switch to granular Ronstar® to pick up goosegrass control. ♦ The next option is to combine prodiamine with the Pennant Magnum in early March on green surrounds, fairways and tees. A second application will be needed with an alternative chemistry such as oxadiazon (granular Ronstar). Another option is simazine (Princep®).
• Fall postemergence goosegrass control. For postemergence control of goosegrass, it is strongly recommended to have Sencor® on hand. While the two-application strategy in the spring is very important to control the summer weeds, we discussed not using preemergence products in the fall given the common bermudagrass is susceptible to wet and soggy conditions. In fact, the annual bluegrass and ryegrass that recovers each fall effectively improves playing conditions during the winter months, especially in a wet winter, even without overseeding. It is worth noting that if you should ultimately convert the fairways to hybrid bermudagrass, then it would be important to control the winter weeds. ------------
8 • Additional applications. There is also a fair amount of purple nutsedge on the golf course.

For this weed, it is important to use Celero® with two to three applications from mid-July through mid-October. You also may consider purchasing Vexis®, a granular product that can be used to spot apply to the nutsedge areas. The preemergent program provided above will help to control dallisgrass as well. However, when dallisgrass breaks through, it is recommended to spray Monument® as a postemergence control product.

Putting Greens
Observations

1. General Condition
I was able to view multiple greens during our visit, and I'm happy to report that all greens have a healthy combination of bentgrass and Poa annua.

2. Rooting Depth
Closer observation reveals roots extending to 5 to 6 inches in the greens.

3. Shear Strength
I utilized a shear strength tester to measure surface strength of greens. A value less than about 12 Newton meters (Nm) indicates weak surface strength. At Madera Municipal Golf Course, values ranged from 15 to 17 Nm, which is excellent this time of year, especially given the recent heat.

4. Excess Organic Matter
The putting greens are very soft and puffy, and ball marks are quite deep. A soil profile collected from greens reveals there is excess organic matter near the surface of the greens and there has not been enough sand applied for dilution.

Recommendations

1. Aeration and Vertical Mowing
It is recommended to continue with your program to conduct 5/8-inch-diameter core aeration on a 2- by 2-inch spacing this fall. It is recommended to immediately precede this operation with vertical mowing with blades set about 0.150 inches below the bottom of the rollers. Run the vertical mower up and back on the same pass and change directions, thereby making four passes over the greens. Follow by applying ample sand to dilute surface organic matter.

2. Increased Sand Topdressing
During the growing season, it is recommended to apply sand from February or March through October or November at a frequency of two or three times per month. Rates should range from as low as 40 to 50 pounds per 1,000 square feet to as high as 100 to 115 pounds per 1,000 square feet. During the primary growing season, conduct vertical mowing two to four times per month at light intensity. All these practices combined will help to reduce surface thatch and increase firmness. These practices will also help to smooth ball roll. ------------
9 Bunkers
Observations

1. Exposed Sumps
The bunkers have an exposed sump in the lowest area of each bunker to facilitate drainage during rainfall events. While this may be effective to remove water, it is unsightly and negatively impacts play. Golfers must move their golf ball aside when the ball comes to rest in these lowlying areas. I will say this is extremely uncommon to see at golf courses.

2. Ample Sand
I was able to measure sand depth in a few greenside bunkers. It was great to see adequate sand at a depth of 6 to 7 inches. It was also good to hear that golfer comments concerning the bunkers are generally positive.

Recommendations

1. Continued Sand Addition
For the time being, it is recommended to continue to add sand where necessary in greenside bunkers. A good goal is to provide 7 to 9 inches of sand on the bunker floors. This will help with playability and drainage.

2. Bunker Renovation
A bunker renovation is needed at Madera Municipal Golf Course. However, I would strongly recommend focusing your capital monies on irrigation upgrades and converting to hybrid bermudagrass before any work may be considered on the bunkers.

Closing Comments
Thank you for an enjoyable morning spent on the golf course at Madera Municipal. Given that this was my first opportunity to see the property, it was impressive to see the amount of turf reduction and to see the greens in good condition. The major take-home message from this first initial visit is that it is strongly recommended to focus capital improvement funds on irrigation system upgrades and consider upgrading to hybrid bermudagrass. In the short term, it is necessary to increase funds for fertilizing primary playing areas and increasing weed control efforts. Thank you for your support of the USGA Green Section. Please do not hesitate to contact my office should you have any further questions or concerns.

Respectfully submitted,
Brian Whitlark, Regional Director
USGA Green Section, West Region
Distribution:

Dan Bacci, Sierra Golf Management
Jon Christensen, Sierra Golf Management
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