▪ Plans, directs and coordinates the department’s work plan through appropriate department staff; assigns work activities and responsibilities to appropriate department personnel; reviews and evaluates work methods and procedures; identifies and resolves problems and/or issues.
▪ Reviews and evaluates service delivery methods and systems including administrative and support systems and internal relationships; identifies opportunities for improvement and implements changes to standard operating procedures to enhance services. ▪ Oversees the selection, training and evaluation programs for all department personnel and program contractors; provides or coordinates staff training; identifies and resolves staff deficiencies; executes discipline and/or termination procedures. ▪ Prepares, manages and coordinates the development of the department budget; prepares forecasts of necessary funds for staffing, materials and supplies; presents, justifies and defends programs, operations and activities; monitors and approves expenditures; discusses and resolves budget issues with appropriate staff; implements adjustments as necessary. Develops internal service expenditure allocation schedules and asset replacement schedules in support of sound fiscal principles. ▪ Coordinates and oversees the City’s primary Enterprise Resource Program (ERP) software user access and module integration. Acts as a resource for successful integration of new modules or software systems into the primary ERP.
▪ Prepares proposed resolutions and ordinances; prepares correspondence, reports and recommendations for the City Manager.
▪ Serves as a resource for Information Technology staff, City staff and other organizations; coordinates pertinent information, resources and work teams necessary to support a positive, productive, and cooperative work environment. ▪ Attends and participates in professional and community meetings; stays current on issues relative to the field of information technology; responds to and resolves sensitive and complex community and organizational inquiries, issues and complaints. ▪ Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.
DIRECTOR OF INFORMATION TECHNOLOGY
▪ Develops and oversees methods to provide end-user training for use of City software systems, as well as general technology training to support computer and telecommunications system use by end-users.
▪ Provides for the most effective and efficient information and telecommunications systems in support of the department needs; formulates and implements city-wide standards for the types and usages of computer related equipment.
WORKING CONDITIONS:
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing statistical reports and data using a computer keyboard. Additionally, the position requires near vision in reading documentation, connecting equipment and using a computer. Acute hearing is required when providing phone service and communicating in person. The need to lift, drag and push computers and peripheral equipment or other materials weighing up to 40 pounds also is required.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification)
Education and/or Experience:
Any combination of education and experience that has provided the required knowledge, skills and abilities necessary for an Director of Information Technology may be qualifying. A typical way to obtain the knowledge, skills and abilities is to possess the equivalent of a minimum of five (5) years of progressively responsible professional experience managing complex enterprise-level information systems, at least two (2) of which are in a lead or supervisory role, and a Bachelor’s degree in Information Systems, Computer Science, or a related field from an accredited college or university.
License Required
Possession of, or ability to obtain, a valid Class C California driver’s license.
Special Requirements:
Ability to pass a criminal background investigation to provide clearance for work on Police Department computer systems.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position)
Knowledge of:
Contemporary information and telecommunications systems and services and their potential for City use; systems and procedure analysis, design, and integration; budgetary principles and techniques, including forecasting asset replacement; personnel management, including supervision, training, performance evaluation, coaching and counseling; current practices of
DIRECTOR OF INFORMATION TECHNOLOGY
information technology including local/wide area network development and administration, web technology, and system security; advanced principles and practices of program development and administration and information systems planning; training and communications techniques; cybersecurity including protocol analysis and intrusion detection; administration of telephone and videoconferencing systems including VOIP systems; principles of video surveillance; database administration; SQL and Microsoft active directory domain administration; records retention requirements and other pertinent federal, state, and local laws, codes, and regulations relating to information retention and production; radio/cellular telecommunications networking and interference; public relations practices and techniques.
Ability to:
Manage and direct a comprehensive information technology program; develop, communicate, and maintain effective working relationships with City staff and outside agencies; analyze and solve complex problems relating to information services on a technical and administrative basis; understand City departmental operations to the extent that sound recommendations may be made to enhance their productivity; supervise administrative and technical staff; stay abreast of and adapt to rapidly changing technology; conduct training on systems operations; work with and ensure cohesive integration of various operating platforms and systems; understand and interpret technical information (oral and written); communicate effectively both orally and in writing with all levels of staff, including the ability to communicate technical issues to persons who do not have a technical background; research, analyze, and evaluate new service delivery methods and techniques; coordinate the design, selection, and implementation of technology systems; develop and recommend longterm plans and strategies for effective utilization of technology resources; effectively manage technology platforms to promote citizen engagement and government transparency; interpret and apply applicable federal, state, and local policies, laws, and regulations.
Skill to:
Operate, maintain, and repair network and stand alone personal computers, printers, and a variety of peripheral hardware, as well as customized software applications and standardized packages. Evaluate and implement cross-platform technology integration to ensure efficient processes and maximize opportunities for efficiencies.
Exhibit 2
CITY OF MADERA
PARKS PROJECT MANAGER
DEFINITION:
Under direction, plans, supervises, and participates in capital projects, park planning, landscape planning, City trails and beautification projects, and land acquisition; oversees construction projects for parks and recreation facilities and city landscape improvements; prepares and administers construction contracts; provides responsible and complex staff assistance to the Director of Parks and Community Services; supervises, evaluates and participates in the work of personnel responsible for operation of the division; assumes management of other divisions/units within the Parks and Community Services Department when so directed; performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
The Parks Project Manager is a division manager within the Parks and Community Services Department and exercises full responsibility for planning, organizing and directing the work activities of the park maintenance and landscape maintenance district services divisions. The incumbent performs the more complex design and construction of park and recreation improvement projects, reviews development projects for design conformance and accuracy and performs complex professional planning assignments requiring considerable knowledge of land development, planning, design standards and regulations, construction and maintenance. This classification is distinguished from the higher-level classification of Director of Parks and Community Services in that the Director has overall responsibility for management of the Parks and Community Services Department.
SUPERVISION RECEIVED/EXERCISED:
Receives direction from the Director of Parks and Community Services. May exercise direct and indirect supervision over professional, technical and office support personnel.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) ▪ Assists in implementing the City’s capital improvement plans that include community and neighborhood facilities, bicycle and hiking trails, and open space preservation. ▪ Plans, organizes, and supervises the work of professional and technical personnel engaged in the preparation of landscape architectural plans, specifications, and estimates for the development or improvement of parks and recreation facilities.
▪ Acts as project liaison and/or inspector to monitor schedules, work progress, and performance standards; establishes operating procedures and reporting systems; reviews and recommends change orders; evaluates the more complex landscape planning and designs for land areas and provides Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
PARKS PROJECT MANAGER
effective solutions to methodology and other difficult technical problems; coordinates and reviews landscape, engineering and/or architectural features of proposed construction and rehabilitation projects for compatibility.
▪ Reviews cost estimates and budgets and recommends adjustments for construction projects; reviews designs and plans for compliance with related ordinances/legislation and standards, including safety issues; participates in preparation for program related grant applications, providing maps, plans, cost estimates and technical recommendations.
▪ Reviews financial expenditures related to grant funded projects; authorizes billing and collection from grant agencies.
▪ Administers and participates in the selection process for consultants; prepares performance specifications; estimates budgets; oversees and coordinates work of consultants; evaluates performance and work product; reviews progress payments; performs site reviews and inspections of landscape construction and park rehabilitation projects. ▪ Oversees complex studies; reviews environmental impacts statements, resource management studies, feasibility reports, and other studies in connection with program related land acquisition, developments, resource investigation, planning and improvements, including research of projected future expenditures concerning design development, construction, maintenance and renovation/restoration work.
▪ Serving as a department representative, attends public meetings, commission, Council, special interest and other community groups as related to landscape and parks and recreation facility programs. Makes written and oral presentations to the City Council, various committees, advisory groups, and other groups on park development projects.
▪ Develops performance standards, construction standards, operating procedures and reporting systems.
▪ Develops budgetary requests, five-year capital improvement and rehabilitation programs and proposals.
▪ Prepares and submits a variety of reports and memoranda on a number of park capital project related subjects.
▪ Coordinates in the selection and training of personnel; assumes responsibility for motivating and evaluating assigned personnel; provides necessary training; initiates discipline procedures as is appropriate; assigns work to assigned staff and personnel; monitors work activities to ensure safe work practices, work quality and accuracy; ensures compliance to applicable rules, policies and procedures.
▪ Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public. ▪ Plans, directs, and coordinates the activities and operations of the park’s maintenance division including the maintenance, repair, improvements, and development of City parks, trails, fields, green spaces, and park facilities and equipment.
▪ Plans, directs, and coordinates the activities and operations of the landscape maintenance district services division including landscape areas and street medians. Maintains appropriate work records.
PARKS PROJECT MANAGER
WORKING CONDITIONS:
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing reports using a computer keyboard.
Additionally, the position requires near and far vision in reading written reports and work related documents. Acute hearing is required when providing phone and face-to-face service.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification) Education and/or Experience:
Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Parks Project Manager. A typical way of obtaining the required qualifications is to possess the equivalent of three (3) years of full-time experience in construction management and capital project management, including one (1) year of supervisory experience, and a Bachelor's degree in landscape architecture, civil engineering, construction management, or a closely related field.
License/Certificate:
Possession of, or the ability to obtain, a valid class C California driver’s license.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position)
Knowledge of:
Modern principles, practices and techniques of park planning and development; laws, ordinances, and regulations related to land development and park planning including the California Environmental Quality Act (CEQA); principles and practices of facility acquisition and maintenance; grant and contract development and administration, including inspection of construction projects; principles and practices of public project funding; principles of landscape, park facility design, and use; principles and practices of budget preparation and administration; report preparation; applicable federal, state, and local laws, codes, and regulations; principles and practices of supervision, training, discipline, and performance evaluation; occupational hazards and standard safety practices.
Ability to:
Analyze problems and identify sound solutions; consult effectively with management and staff; prepare clear and concise administrative documents and reports; prepare complete and accurate complex reports; manage construction contracts; exercise sound independent judgment; prepare and administer a budget; promote and enforce safe work practices; interpret maps, site and building plans and specifications, graphs and statistical data; properly interpret and make decisions in accordance with laws, regulations and policies; make adjustments to standard operating procedures as necessary to improve
PARKS PROJECT MANAGER
organizational effectiveness; supervise, train and motivate personnel; facilitate group participation and consensus building; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of word processing, spreadsheet, database and other software applications.
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING SIDE LETTER AGREEMENT #3 WITH THE MID MANAGEMENT
EMPLOYEE GROUP REGARDING PAY RANGE ASSIGNMENTS FOR
REPRESENTED CIVIL ENGINEER POSITIONS
WHEREAS, the City desires to adjust base wages for the classifications of Associate Civil Engineer, Senior Civil Engineer, and Deputy City Engineer to improve its position in the labor market; and
WHEREAS, the City and representatives of Mid Management have come to agreement on modified range assignments for represented positions on City of Madera Salary Schedule M.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:
1. The foregoing recitals are true and correct and are incorporated by reference.
2. Side Letter Agreement #3 between the City of Madera and the Mid Management Employee Group, attached as Exhibit 1, is hereby approved.
3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * * * *
SIDE LETTER AGREEMENT #3
BETWEEN THE CITY OF MADERA
AND
THE MID MANAGEMENT EMPLOYEE GROUP
The parties have conferred, and do hereby agree to the following changes to the Memorandum of Understanding (MOU) between the City of Madera and the Mid Management Employee Group dated July 1, 2021, to June 30, 2025, inclusive of Side Letter Agreement adopted November 17, 2021, and Side Letter Agreement #2 adopted November 16, 2022:
The pay range assignments reflected in Exhibit A to the MOU for the following classifications will be modified as follows effective October 7, 2023. The specific pay steps within each assigned range are identified in Exhibit 1 to this Side Letter Agreement.
Table 1. Classification Pay Assignment to City of Madera Salary Schedule M Classification
Current Pay Range
Assignment
Pay Range Assignment to
be Effective 10/7/2023
Associate Civil Engineer 420 445
Senior Civil Engineer 439 475
Deputy City Engineer 467 495
This Side Letter Agreement is effective upon adoption and shall remain in full force and effect until a successor Memorandum of Understanding between the City of Madera and the Mid Management Employee Group is fully executed by both parties.
Nicole Say, President Arnoldo Rodriguez, City Manager
Date Date
Exhibit 1
Adjustments to Assigned Pay Ranges Effective October 7, 2023 A B C D E FF + 2.5% F + 5% F + 7.5% F + 10%
Associate Civil Engineer Prior 420 $2,946.32 $3,093.36 $3,247.98 $3,410.70 $3,580.99 $3,759.93 $3,853.93 $3,947.93 $4,041.93 $4,135.93 Associate Civil Engineer New 445 $3,337.18 $3,504.23 $3,679.38 $3,863.19 $4,056.73 $4,259.46 $4,365.94 $4,472.43 $4,578.92 $4,685.40 Senior Civil Engineer Prior 439 $3,238.79 $3,400.97 $3,570.72 $3,749.66 $3,936.71 $4,133.50 $4,236.83 $4,340.17 $4,443.51 $4,546.84Senior Civil Engineer New 475 $3,876.17 $4,069.70 $4,272.97 $4,487.05 $4,711.41 $4,946.57 $5,070.24 $5,193.90 $5,317.57 $5,441.23Deputy City Engineer Prior 467 $3,724.25 $3,910.76 $4,105.92 $4,311.36 $4,527.06 $4,753.03 $4,871.86 $4,990.69 $5,109.51 $5,228.34Deputy City Engineer New 495 $4,282.70 $4,496.78 $4,721.68 $4,957.38 $5,205.52 $5,465.56 $5,602.20 $5,738.83 $5,875.47 $6,012.11Job Title Range Bi‐Weekly Pay Rate
----------
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
MODIFYING AND/OR SETTING THE ASSIGNED SALARY RANGES FOR
CERTAIN CLASSIFICATIONS AND ADOPTING THE CITY OF MADERA FULL TIME SALARY SCHEDULE EFFECTIVE OCTOBER 7, 2023
WHEREAS, the City desires to adjust base wages for the classifications of Associate Civil Engineer, Senior Civil Engineer, Deputy City Engineer, and City Engineer to improve its position in the labor market; and
WHEREAS, the City desires to set the salary range assignment for Director of Information Technology and Parks Project Manager; and
WHEREAS, the City and representatives of Mid Management have come to agreement on appropriate range assignments for represented positions on City of Madera Salary Schedule M.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:
1. The foregoing recitals are true and correct and are incorporated by reference.
2. Effective October 7, 2023, the following range assignments as shown in Table 1 are made for the listed positions to City of Madera Salary Schedule M and the City of Madera Full Time Salary Schedule as provided in Exhibit 1, reflective of these new range assignments, is approved.
Classification Title Assigned Pay Range
Associate Civil Engineer 445
Senior Civil Engineer 475
Deputy City Engineer 495
City Engineer 525
Director of Information Technology 500
Parks Project Manager 426
3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * * * *
ABCDEF
City Clerk EXE 419 $2,762.12 $2,900.68 $3,045.36 $3,197.68 $3,357.64 $3,525.75City Manager EXE 587 $6,385.17 $6,704.58 $7,039.78 $7,391.80 $7,761.13 $8,149.32Accountant (Junior) GBU 282 $1,480.19 $1,554.25 $1,632.10 $1,713.73 $1,799.15 $1,889.43Accounting Technician I GBU 263 $1,346.66 $1,413.69 $1,484.51 $1,558.58 $1,636.42 $1,718.60 Accounting Technician II GBU 283 $1,487.76 $1,561.82 $1,640.21 $1,722.38 $1,808.34 $1,898.62 Accounting Technician III GBU 300 $1,619.12 $1,700.22 $1,785.09 $1,874.29 $1,968.36 $2,066.75 Administrative Assistant GBU 303 $1,643.45 $1,725.62 $1,812.12 $1,902.94 $1,998.09 $2,097.56Animal Control Officer GBU 290 $1,540.74 $1,617.50 $1,698.59 $1,783.47 $1,872.67 $1,966.19 Assistant Planner GBU 352 $2,098.64 $2,203.52 $2,313.81 $2,429.50 $2,551.13 $2,678.72Building Permit Technician GBU 288 $1,525.06 $1,601.28 $1,681.29 $1,765.63 $1,853.75 $1,946.73 Combination Building Inspector GBU 348 $2,057.02 $2,160.27 $2,267.85 $2,381.38 $2,500.86 $2,625.74 Computer Technician GBU 344 $2,016.47 $2,117.57 $2,223.52 $2,334.35 $2,451.12 $2,573.84Construction Inspector I GBU 322 $1,807.26 $1,897.54 $1,992.14 $2,091.62 $2,196.49 $2,306.24 Construction Inspector II GBU 342 $1,996.47 $2,096.48 $2,201.36 $2,311.10 $2,426.79 $2,548.43 Deputy City Clerk GBU 311 $1,710.49 $1,795.90 $1,885.64 $1,980.25 $2,079.18 $2,182.98 Electrician II GBU 361 $2,194.87 $2,304.62 $2,420.31 $2,540.86 $2,667.90 $2,801.44 Electrician III GBU 381 $2,425.17 $2,546.81 $2,681.96 $2,807.38 $2,947.94 $3,095.53 Engineering Technician I GBU 302 $1,635.34 $1,717.51 $1,802.93 $1,893.21 $1,987.82 $2,087.29Engineering Technician II GBU 322 $1,807.26 $1,897.54 $1,992.14 $2,091.62 $2,196.49 $2,306.24Engineering Technician III GBU 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69 Facilities Maintenance Technician GBU 289 $1,532.63 $1,609.39 $1,689.94 $1,774.28 $1,862.94 $1,956.46 Grants Specialist GBU 299 $1,611.01 $1,691.57 $1,776.44 $1,865.10 $1,958.63 $2,056.48Industrial Electrical Technician GBU 381 $2,425.17 $2,546.81 $2,681.96 $2,807.38 $2,947.94 $3,095.53 Lead Electrician GBU 401 $2,679.80 $2,813.87 $2,954.43 $3,102.01 $3,257.17 $3,419.89 Maintenance Technician GBU 308 $1,685.08 $1,769.41 $1,858.07 $1,951.06 $2,048.37 $2,150.54Mechanic I GBU 286 $1,509.92 $1,585.61 $1,665.08 $1,748.33 $1,835.37 $1,927.27 Mechanic II GBU 301 $1,627.23 $1,708.86 $1,794.28 $1,884.02 $1,978.09 $2,077.02 Mechanic III GBU 321 $1,798.07 $1,887.81 $1,982.41 $2,081.34 $2,185.68 $2,294.89 Neighborhood Outreach Assistant GBU 276 $1,436.40 $1,508.30 $1,583.98 $1,662.91 $1,746.17 $1,833.75 Neighborhood Outreach Coordinator GBU 306 $1,668.32 $1,752.11 $1,839.69 $1,931.60 $2,027.82 $2,129.46 Neighborhood Preservation Specialist I GBU 310 $1,701.84 $1,787.25 $1,876.45 $1,970.52 $2,068.91 $2,172.17 Neighborhood Preservation Specialist II GBU 330 $1,880.78 $1,974.84 $2,073.24 $2,177.03 $2,285.69 $2,400.30 Neighborhood Preservation Specialist III GBU 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69 Office Assistant I GBU 263 $1,346.66 $1,413.69 $1,484.51 $1,558.58 $1,636.42 $1,718.60Office Assistant II GBU 283 $1,487.76 $1,561.82 $1,640.21 $1,722.38 $1,808.34 $1,898.62 Parks Leadworker GBU 323 $1,815.91 $1,906.73 $2,002.42 $2,102.43 $2,207.31 $2,317.59 Job Title B/U Range
Bi‐Weekly Pay Rate
City of Madera Full Time Salary Schedule
Effective 10/7/2023
Adopted 10/4/23 ------
Job Title B/U Range ABCDEF
Bi‐Weekly Pay Rate
Parks Worker I GBU 263 $1,346.66 $1,413.69 $1,484.51 $1,558.58 $1,636.42 $1,718.60 Parks Worker II GBU 283 $1,487.76 $1,561.82 $1,640.21 $1,722.38 $1,808.34 $1,898.62 Parks Worker III GBU 303 $1,643.45 $1,725.62 $1,812.12 $1,902.94 $1,998.09 $2,097.56 Payroll Specialist GBU 316 $1,753.74 $1,841.31 $1,933.76 $2,029.99 $2,131.62 $2,238.12Plans Examiner GBU 360 $2,184.06 $2,293.26 $2,407.87 $2,528.43 $2,654.93 $2,787.38Public Works Equipment Operator GBU 303 $1,643.45 $1,725.62 $1,812.12 $1,902.94 $1,998.09 $2,097.56Public Works Maintenance Lead Worker GBU 323 $1,815.91 $1,906.73 $2,002.42 $2,102.43 $2,207.31 $2,317.59 Public Works Maintenance Worker I GBU 263 $1,346.66 $1,413.69 $1,484.51 $1,558.58 $1,636.42 $1,718.60Public Works Maintenance Worker II GBU 283 $1,487.76 $1,561.82 $1,640.21 $1,722.38 $1,808.34 $1,898.62Purchasing Assistant GBU 280 $1,465.59 $1,538.57 $1,615.88 $1,696.43 $1,781.31 $1,870.51Recreation/Community Programs Coordinator GBU 313 $1,727.79 $1,814.28 $1,904.57 $2,000.25 $2,100.27 $2,205.14 Solid Waste/Recycling Assistant GBU 283 $1,487.76 $1,561.82 $1,640.21 $1,722.38 $1,808.34 $1,898.62Solid Waste/Recycling Coordinator GBU 313 $1,727.79 $1,814.28 $1,904.57 $2,000.25 $2,100.27 $2,205.14Water Conservation Customer Service Representative GBU 263 $1,346.66 $1,413.69 $1,484.51 $1,558.58 $1,636.42 $1,718.60Water Conservation Specialist GBU 283 $1,487.76 $1,561.82 $1,640.21 $1,722.38 $1,808.34 $1,898.62Water Quality Specialist I GBU 320 $1,788.87 $1,878.62 $1,972.68 $2,071.07 $2,174.87 $2,283.53 Water Quality Specialist II GBU 340 $1,977.01 $2,075.40 $2,179.19 $2,288.40 $2,403.01 $2,523.02 Water Quality Specialist In Training GBU 293 $1,563.44 $1,641.83 $1,724.00 $1,809.96 $1,900.78 $1,995.93 Water System Lead Worker GBU 365 $2,239.20 $2,351.11 $2,468.96 $2,592.22 $2,721.97 $2,858.20 Water System Technician GBU 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69Water System Worker I GBU 293 $1,563.44 $1,641.83 $1,724.00 $1,809.96 $1,900.78 $1,995.93Water System Worker II GBU 320 $1,788.87 $1,878.62 $1,972.68 $2,071.07 $2,174.87 $2,283.53Water System Worker III GBU 340 $1,977.01 $2,075.40 $2,179.19 $2,288.40 $2,403.01 $2,523.02WW Lab Analyst/Environmental Compliance Inspector I GBU 345 $2,026.74 $2,127.84 $2,234.34 $2,346.24 $2,463.56 $2,586.81 WW Lab Analyst/Environmental Compliance Inspector II GBU 365 $2,239.20 $2,351.11 $2,468.96 $2,592.22 $2,721.97 $2,858.20 WWTP Lead Operator GBU 383 $2,449.50 $2,572.22 $2,700.88 $2,835.49 $2,977.67 $3,126.34WWTP Mechanic GBU 375 $2,353.81 $2,471.66 $2,594.92 $2,724.67 $2,860.90 $3,004.16WWTP Operator I GBU 322 $1,807.26 $1,897.54 $1,992.14 $2,091.62 $2,196.49 $2,306.24WWTP Operator II GBU 344 $2,016.47 $2,117.57 $2,223.52 $2,334.35 $2,451.12 $2,573.84 WWTP Operator III GBU 364 $2,228.39 $2,339.76 $2,456.53 $2,579.25 $2,708.45 $2,843.60 WWTP Operator In Training GBU 301 $1,627.23 $1,708.86 $1,794.28 $1,884.02 $1,978.09 $2,077.02 Chief Building Official M 464 $3,597.17 $3,776.84 $3,965.53 $4,164.28 $4,372.04 $4,590.94 City Engineer M 525 $4,876.08 $5,119.88 $5,375.88 $5,644.59 $5,927.09 $6,223.36Communications Manager M 456 $3,456.19 $3,628.97 $3,810.76 $4,001.04 $4,201.38 $4,411.26 Director of Community Development M 535 $5,125.71 $5,381.71 $5,650.95 $5,933.45 $6,230.25 $6,541.90Director of Financial Services M 525 $4,876.08 $5,119.88 $5,375.88 $5,644.59 $5,927.09 $6,223.36 City of Madera Full Time Salary Schedule
Effective 10/7/2023
Adopted 10/4/23 ------
Job Title B/U Range ABCDEF
Bi‐Weekly Pay Rate
Director of Human Resources M 513 $4,593.06 $4,822.55 $5,063.70 $5,317.05 $5,582.58 $5,861.90 Director of Information Technology M 500 $4,304.73 $4,519.91 $4,745.70 $4,983.14 $5,232.25 $5,494.07 Director of Parks
& Community Services M 509 $4,502.42 $4,727.15 $4,963.53 $5,211.58 $5,472.34 $5,745.82 Planning Manager M 476 $3,818.71 $4,010.05 $4,210.39 $4,420.80 $4,641.82 $4,873.96Police Chief M 554 $5,635.05 $5,917.02 $6,212.76 $6,523.35 $6,849.30 $7,191.69 Public Works Operations Director M 508 $4,479.63 $4,703.83 $4,939.15 $5,186.14 $5,445.31 $5,717.20 Crime Analysis Technician MPOA 306 $1,668.32 $1,752.11 $1,839.69 $1,931.60 $2,027.82 $2,129.46 Police Corporal MPOA 383 $2,449.50 $2,572.22 $2,700.88 $2,835.49 $2,977.67 $3,126.34 Police Officer I MPOA 363 $2,217.04 $2,327.86 $2,444.09 $2,566.27 $2,694.94 $2,829.55 Police Officer II MPOA 373 $2,330.56 $2,446.80 $2,569.51 $2,697.64 $2,832.79 $2,974.43 Police Officer Trainee MPOA 333 $1,908.89 $2,004.58 $2,104.59 $2,210.01 $2,320.29 $2,436.52 Police Sergeant MPOA 426 $3,035.52 $3,187.43 $3,346.91 $3,513.96 $3,689.66 $3,874.00 Property
& Evidence Officer MPOA 296 $1,587.23 $1,666.70 $1,749.95 $1,837.53 $1,929.43 $2,025.66 Public Safety Dispatcher MPOA 294 $1,571.55 $1,649.94 $1,732.65 $1,819.15 $1,909.97 $2,005.66 Records Clerk MPOA 270 $1,394.23 $1,463.97 $1,536.95 $1,614.26 $1,694.81 $1,779.68 City of Madera Full Time Salary Schedule
Effective 10/7/2023
Adopted 10/4/23 ------
A B C D E FF + 2.5% F + 5% F + 7.5% F + 10%
Executive Secretary to the Chief of Police LEMM 330 $1,880.78 $1,974.84 $2,073.24 $2,177.03 $2,285.69 $2,400.30 $2,460.31 $2,520.32 $2,580.33 $2,640.33 Police Auxiliary Services Supervisor LEMM 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69 $2,717.98 $2,784.27 $2,850.56 $2,916.86 Police Commander LEMM 504 $4,478.94 $4,703.30 $4,938.46 $5,184.98 $5,444.47 $5,716.40 Police Lieutenant LEMM 487 $4,115.12 $4,320.55 $4,536.79 $4,763.85 $5,001.71 $5,252.02 Police Office Supervisor LEMM 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69 $2,717.98 $2,784.27 $2,850.56 $2,916.86 Accountant I MM 322 $1,807.26 $1,897.54 $1,992.14 $2,091.62 $2,196.49 $2,306.24 $2,363.89 $2,421.55 $2,479.21 $2,536.86 Accountant II MM 362 $2,206.23 $2,316.51 $2,432.20 $2,553.84 $2,681.42 $2,815.49 $2,885.88 $2,956.27 $3,026.65 $3,097.04Administrative Analyst I MM 358 $2,162.44 $2,270.56 $2,384.09 $2,503.56 $2,628.44 $2,759.81 $2,828.80 $2,897.80 $2,966.79 $3,035.79Administrative Analyst II MM 386 $2,486.80 $2,611.14 $2,741.43 $2,878.74 $3,022.54 $3,173.37 $3,252.71 $3,332.04 $3,411.38 $3,490.71 Assistant Engineer MM 392 $2,561.95 $2,690.07 $2,824.68 $2,965.78 $3,114.45 $3,270.14 $3,351.90 $3,433.65 $3,515.40 $3,597.16Associate Civil Engineer MM 445 $3,337.18 $3,504.23 $3,679.38 $3,863.19 $4,056.73 $4,259.46 $4,365.94 $4,472.43 $4,578.92 $4,685.40 Associate Planner MM 368 $2,273.26 $2,386.79 $2,506.26 $2,631.14 $2,763.05 $2,900.91 $2,973.43 $3,045.95 $3,118.48 $3,191.00 Communications Specialist MM 358 $2,162.44 $2,270.56 $2,384.09 $2,503.56 $2,628.44 $2,759.81 $2,828.80 $2,897.80 $2,966.79 $3,035.79 Deputy City Engineer MM 495 $4,282.70 $4,496.78 $4,721.68 $4,957.38 $5,205.52 $5,465.56 $5,602.20 $5,738.83 $5,875.47 $6,012.11 Electrical and Facilities Operations Manager MM 421 $2,960.91 $3,109.04 $3,264.20 $3,427.46 $3,598.83 $3,778.86 $3,873.33 $3,967.80 $4,062.27 $4,156.74Engineering Project Manager MM 419 $2,931.18 $3,078.23 $3,231.76 $3,393.40 $3,563.15 $3,741.55 $3,835.09 $3,928.63 $4,022.17 $4,115.71 Executive Secretary MM 330 $1,880.78 $1,974.84 $2,073.24 $2,177.03 $2,285.69 $2,400.30 $2,460.31 $2,520.32 $2,580.33 $2,640.33Executive Secretary to City Administrator MM 330 $1,880.78 $1,974.84 $2,073.24 $2,177.03 $2,285.69 $2,400.30 $2,460.31 $2,520.32 $2,580.33 $2,640.33 Financial Services Manager MM 446 $3,353.94 $3,521.53 $3,697.76 $3,882.65 $4,076.73 $4,280.54 $4,387.56 $4,494.57 $4,601.58 $4,708.60 Fleet Operations Manager MM 404 $2,720.34 $2,856.04 $2,998.76 $3,149.05 $3,306.36 $3,471.79 $3,558.59 $3,645.38 $3,732.17 $3,818.97Grant Administrator MM 446 $3,353.94 $3,521.53 $3,697.76 $3,882.65 $4,076.73 $4,280.54 $4,387.56 $4,494.57 $4,601.58 $4,708.60 Grant Analyst MM 358 $2,162.44 $2,270.56 $2,384.09 $2,503.56 $2,628.44 $2,759.81 $2,828.80 $2,897.80 $2,966.79 $3,035.79 Human Resources Technician MM 290 $1,540.74 $1,617.50 $1,698.59 $1,783.47 $1,872.67 $1,966.19 $2,015.35 $2,064.50 $2,113.66 $2,162.81 Human Resources Technician II MM 310 $1,701.84 $1,787.25 $1,876.45 $1,970.52 $2,068.91 $2,172.17 $2,226.47 $2,280.78 $2,335.08 $2,389.38Neighborhood Preservation Supervisor MM 380 $2,413.28 $2,533.83 $2,660.34 $2,793.87 $2,933.34 $3,079.85 $3,156.85 $3,233.84 $3,310.84 $3,387.83 Network Administrator MM 389 $2,524.10 $2,650.06 $2,782.51 $2,921.99 $3,067.96 $3,221.49 $3,302.03 $3,382.56 $3,463.10 $3,543.64Park Planning Manager MM 426 $3,035.52 $3,187.43 $3,346.91 $3,513.96 $3,689.66 $3,874.00 $3,970.85 $4,067.70 $4,164.55 $4,261.40 Parks Manager MM 385 $2,474.37 $2,597.63 $2,727.91 $2,864.15 $3,007.41 $3,157.70 $3,236.64 $3,315.58 $3,394.52 $3,473.47 Parks Supervisor MM 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69 $2,717.98 $2,784.27 $2,850.56 $2,916.86Procurement Services Manager MM 358 $2,162.44 $2,270.56 $2,384.09 $2,503.56 $2,628.44 $2,759.81 $2,828.80 $2,897.80 $2,966.79 $3,035.79Program Manager‐Grants MM 366 $2,250.56 $2,363.00 $2,481.39 $2,605.19 $2,735.48 $2,872.26 $2,944.06 $3,015.87 $3,087.67 $3,159.48 Recreation/Community Programs Manager MM 390 $2,536.54 $2,663.58 $2,796.57 $2,936.59 $3,083.09 $3,237.71 $3,318.65 $3,399.59 $3,480.53 $3,561.48Recreation/Community Programs Supervisor MM 353 $2,109.46 $2,214.88 $2,325.16 $2,441.39 $2,563.57 $2,691.69 $2,758.98 $2,826.28 $2,893.57 $2,960.86Redevelopment Agency Secretary MM 342 $1,996.47 $2,096.48 $2,201.36 $2,311.10 $2,426.79 $2,548.43 $2,612.14 $2,675.85 $2,739.56 $2,803.27Redevelopment Manager MM 427 $3,050.66 $3,203.11 $3,363.67 $3,531.80 $3,708.04 $3,893.47 $3,990.80 $4,088.14 $4,185.47 $4,282.81Safety Officer MM 358 $2,162.44 $2,270.56 $2,384.09 $2,503.56 $2,628.44 $2,759.81 $2,828.80 $2,897.80 $2,966.79 $3,035.79 Senior Civil Engineer MM 475 $3,876.17 $4,069.70 $4,272.97 $4,487.05 $4,711.41 $4,946.57 $5,070.24 $5,193.90 $5,317.57 $5,441.23 Senior Planner MM 429 $3,081.47 $3,235.54 $3,397.19 $3,566.94 $3,745.34 $3,932.39 $4,030.70 $4,129.01 $4,227.32 $4,325.63Solid Waste Manager MM 353 $2,109.46 $2,214.88 $2,325.16 $2,441.39 $2,563.57 $2,691.69 $2,758.98 $2,826.28 $2,893.57 $2,960.86 Streets & Storm Drainage Ops. Manager MM 385 $2,474.37 $2,597.63 $2,727.91 $2,864.15 $3,007.41 $3,157.70 $3,236.64 $3,315.58 $3,394.52 $3,473.47 Streets & Storm Drainage Supervisor MM 350 $2,078.10 $2,181.90 $2,291.10 $2,405.17 $2,525.73 $2,651.69 $2,717.98 $2,784.27 $2,850.56 $2,916.86 Tyler Munis Implementation Project Manager MM 408 $2,774.95 $2,913.88 $3,059.31 $3,212.30 $3,372.86 $3,541.53 $3,630.07 $3,718.61 $3,807.14 $3,895.68 Job Title B/U Range
Bi‐Weekly Pay Rate
City of Madera Full Time Salary Schedule
Effective 10/7/2023
Adopted 10/4/23
--------------------
Job Title B/U Range A B C D E FF + 2.5% F + 5% F + 7.5% F + 10% Bi‐Weekly Pay Rate
Utility Billing Supervisor MM 334 $1,918.62 $2,014.31 $2,115.40 $2,220.82 $2,332.19 $2,448.42 $2,509.63 $2,570.84 $2,632.05 $2,693.26 Waste Water Treatment Plant Manager MM 459 $3,578.83 $3,757.77 $3,945.36 $4,142.69 $4,349.74 $4,567.60 $4,681.79 $4,795.98 $4,910.17 $5,024.37Wastewater Collection System Supervisor MM 346 $2,037.01 $2,138.65 $2,245.69 $2,358.14 $2,475.99 $2,599.79 $2,664.78 $2,729.78 $2,794.77 $2,859.77Water & Sewer Operations Manager MM 423 $2,990.65 $3,139.86 $3,297.17 $3,462.06 $3,635.05 $3,816.70 $3,912.12 $4,007.53 $4,102.95 $4,198.37 Water Meter & Conservation Supervisor MM 340 $1,977.01 $2,075.40 $2,179.19 $2,288.40 $2,403.01 $2,523.02 $2,586.10 $2,649.17 $2,712.25 $2,775.32 Water System Supervisor MM 385 $2,474.37 $2,597.63 $2,727.91 $2,864.15 $3,007.41 $3,157.70 $3,236.64 $3,315.58 $3,394.52 $3,473.47 City of Madera Full Time Salary Schedule
Effective 10/7/2023
Adopted 10/4/23
--------------------
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: October 4, 2023
Agenda Number: D-2
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Consideration of Adoption of a Tax Sharing Agreement between the City of Madera and the County of Madera.
RECOMMENDATION:
That Council consider the following:
1. Adopt a resolution of the City Council (Council) of the City of Madera approving a Tax Sharing Agreement (TSA) between the City of Madera and County of Madera, authorizing the Mayor to execute the agreement on behalf of the City and authorizing the City Manager to make non-material revisions or refinements in the language of the agreement, not including the sales tax and property tax sharing amounts or percentages, as may be needed to finalize the Agreement and secure County approval.
SUMMARY:
On June 7, 2017, Council adopted Resolution No. 17-182 approving a TSA (“the Previous Agreement”) between the City of Madera and County of Madera regarding the disposition of property taxes generated by the affected properties of an annexation proposal and providing for fair and equitable property and sales tax sharing and the encouragement of sound economic growth. The Previous Agreement identified an execution date of June 6, 2017, with an effective term/period of three years with possibility for two one-year extensions; ultimately expiring on June 2, 2022.
Utilizing the Previous Agreement as a base, the City and County have negotiated updated terms and respectively propose a new TSA (“New Agreement”) for Council consideration. The County Board of Supervisors (BOS) adopted a version of the New Agreement on December 20, 2022. City staff’s proposal to the Council for consideration and recommendation for adoption includes what staff consider to be non-material revisions or refinements in the language of the agreement adopted by the BOS, but which do not include revisions to or refinements of the sales tax and property tax sharing amounts or percentages.
A summary of the updated terms and a comparative analysis to the Previous Agreement (now expired) are provided in the Discussion Section below.
DISCUSSION:
The updated terms for respective sections of the New Agreement are summarized as follows (any/all sections not cited remain the same as the Previous Agreement):
SECTION 2. SALES TAX REVENUE EXCHANGE
The New Agreement proposes a one and one-half percent (1.50%) increase to the amount of the one percent (1.00%) Bradley Burns sales and use taxes received by the City, which is to be provided to the County. The New Agreement stipulates the City will provide the County four and one-half (4.50%) of the one percent (1.00%) Bradley Burns sales and use taxes generated within the City, an increase from the three percent (3.00%) stipulated in the Previous Agreement.
Section 8-2.17 City and County Sales and Use Tax Agreement and Implementation of Sales Tax Revenue Collection of the City Municipal Code (CMC) provides:
Pursuant to the Bradley Burns Uniform Local Sales and Use Tax Law (Cal. Revenue and Taxation Code § 7200 et seq., hereinafter "Bradley Burns"), the city shall provide to the county, pursuant to it's sales and use tax agreement, a portion of the city's 1% Bradley Burns sales tax that is generated within the incorporated area of the city, as follows: 6.75%, from January 1, 2015 through December 31, 2015.
(Ord. 858 C.S., passed 6-3-09; Am. Ord. 918 C.S., passed 3-18-15) This section of the CMC, which reflects a sales tax increment in effect from 2009 to 2015 prior to the Previous Agreement (and which will need to be updated following adoption of a New Agreement) identifies a previously negotiated 6.75% of the one percent (1.00%) Bradley Burns sales and use tax received by the City be provided to the County. It should also be noted this section of the CMC clarifies the City’s one percent (1.00%) Bradley Burns sales tax is generated within all incorporated areas of the City (and not just those areas annexed subsequent to an executed TSA); this reflects no change from the Previous Agreement.
SECTION 3. IMPLEMENTATION OF SALES TAX REVENUE COLLECTION In both the Previous Agreement and the version of the New Agreement adopted by the County, Subsection 3.a. identifies the City’s obligation to amend its local sales and use tax ordinance within 30 days of the execution of the Agreement.
City staff propose to modify this language to require amendment to the City’s local sales and use tax ordinance within 60 days of the execution of the Agreement. As a matter of law and absent an urgency ordinance, the City is unable to amend any ordinance within a 30 day time period.
Regular ordinances require two readings, must be passed at a regular meeting of the Council, and only become effective on the 31st day following adoption.
Subsection 3.c. provides that the terms set forth in the New Agreement shall not apply to any general or special sales and use tax which might be adopted by the City at any time, and the City shall retain 100% of any such special sales or use tax. This reflects no change from the Previous Agreement.
SECTION 4. EXCHANGE OF PROPERTY TAX REVENUES TO BE MADE UNDER §99 OF THE REVENUE AND TAXATION CODE.
Pursuant to the provisions of this section of the New Agreement the County will retain all of its base property tax revenue upon annexation. In addition, the City will receive one-half (½) of the County’s share of the Property tax increment and the County will receive one-half (½) of the County’s share of the Property tax increment within respective tax rate areas. This reflects no change from the Previous Agreement.
As defined in the New Agreement, “Property tax increment” means that portion of the levied taxesin excess ofthe amount specified in Section 1.a., above, attributable to the geographic area comprising a given tax rate area for the respective tax year.
SECTION 5. USE OF REVENUE FOR LIBRARY SERVICES.
Pursuant to the provisions of this section of the New Agreement the City will continue to pay $50,000 annually (for the term of the Agreement) to the County to fund operations of the Madera Branch of the Madera County Library System. This reflects no change from the Previous Agreement.
However, the New Agreement proposes to include an annual increase (inflationary adjustment) based on the Consumer Price Index (CPI) each fiscal year. This is a change from the Previous Agreement which did not include an annual escalator.
The version of the New Agreement adopted by the BOS identified an annual increase for the fiscal year beginning on July 1, 2023 (due to date of its adoption). Given the timeframe in which negotiations started and occurred, the New Agreement proposed by City staff for Council adoption includes the County adopted annual adjustment for the fiscal year beginning date of July 1, 2023. However, the Council may wish to consider a revision to identify the fiscal year beginning July 1, 2024 (due to date of its adoption).
SECTION 6. CRIMINAL JUSTICE ADMINISTRATION (“BOOKING”) FEES.
Pursuant to the provisions of this section of the New Agreement the County will continue to not charge the City any criminal justice administration (“booking”) fees pursuant to California Government Code §29550 as long as the State continues to reimburse the County for such costs.
In the event the State discontinues reimbursement, the County may charge the City an amount up to one-half (½) of eligible costs associated with booking City inmates in accordance with California Government Code §29550 and shall provide quarterly invoices upon which the City shall pay the County. This reflects no change from the Previous Agreement.
SECTION 7. DEVELOPMENT WITHIN CITY’S URBAN GROWTH BOUNDARY.
This section provides terms, including procedures, for how the County and City collectively refer and/or process various types of projects which may be contemplated by developers outside the City limits but within the City’s General Plan Urban Growth Boundary.
Subsection 7.b. includes an exception for projects for which an application was received by the County prior to the effective date of the Agreement. The Previous Agreement cited the exception as being for projects for which a “complete” application was received by the County prior to the effective date of the Agreement. City staff recommend the word “complete” also be included in this section of the New Agreement.
The use of “complete” in this respect has specific legal meaning under State laws (e.g., California Government Code / Permit Streamlining Act) applicable to all public agencies, including charter cities, and adopted for purposes of ensuring a clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects are afforded statewide. Accordingly, public (lead) agencies are required to provide development application submittal requirements checklists (i.e., necessary items and information to be provided in order for an application to be deemed “complete”) and perform application completeness reviews and take certain actions within specified timeframes.
Subsection 7.d. of the New Agreement adds a provision which specifies, to the extent allowed by law, the County will condition development within the City Sphere of Influence so as to protect the ultimate planned road rights-of-way as set forth in adopted City General and Specific Plans.
SECTION 8. SPHERE OF INFLUENCE AMENDMENT.
This section acknowledges support for a future amendment to the City Sphere of Influence as depicted in Exhibit “C” to the New Agreement to facilitate orderly expansion of the City. Any such amendment will require the City to file a request with the Local Agency Formation Commission (LAFCo), including performance of a Municipal Services Review (MSR) as well as an amendment to the City General Plan.
SECTION 9. CREATION OF PARCEL SIZES LESS THAN 20 ACRES WITHIN GENERAL PLAN URBAN GROWTH BOUNDARY.
To avoid parcelization which would impede aggregation of lands for orderly future development, this section includes prohibitions against County approvals of certain subdivisions creating parcel sizes of less than 20 acres within the City’s General Plan Urban Growth Boundary. This reflects no change from the Previous Agreement.
However, the New Agreement adds an exception for the “Meet-and-Confer” areas identified in Exhibits “B-1” & “B-2” to the New Agreement. No geographic modifications are proposed to be made to the boundaries of “Meet-and-Confer” areas identified in the Previous Agreement.
SECTION 11. LAW ENFORCEMENT SERVICES TO PARKWOOD.
This section of the New Agreement sets forth terms for the City’s provision of law enforcement services ot the County in the Parkwood area (defined as the area bounded by E. Pecan Avenue to the north, Highway 145/S. Madera Avenue to the west, Raymond Thomas Road to the east, and the Conrad Street prolongation to the south), which remain in the unincorporated area of the County but within the City’s Sphere of Influence. These terms reflect no change from the Previous Agreement.
The Previous Agreement as well as the version of the New Agreement adopted by the County BOS includes language requiring the City to create a notice which the County shall provide to Parkwood residents in the two utility bills generated after the effective date of the Agreement, informing them that Madera Police Department is providing law enforcement services in the Parkwood area. As the Madera Police Department has been providing law enforcement services to the Parkwood area since at least 2017 at the time of execution of the Previous Agreement, at which point in time notice would have been provided to Parkwood residents pursuant to the previous term, City staff recommend this language be stricken from the New Agreement.
SECTION 12. GENERAL PROVISIONS.
Subsection 12.a. sets for the term (period of time) in which the New Agreement shall remain in effect. The term for the New Agreement stipulates that the Agreement shall be effective for a period of five (5) years following execution with possibility for three one-year extensions upon mutual agreement prior to expiration (possible total eight years). This reflects a change from the Previous Agreement which included a term of three (3) years with possibility for two one-year extensions (possible total five years).
FINANCIAL IMPACT:
As stated in the recitals of the proposed resolution for adoption, the intent of the TSA is for the City and County to collaboratively develop a fair and equitable approach to property and sales tax sharing and to encourage sound economic growth.
The proposed New Agreement substantially conforms to the Previous Agreement. In abridged summary, the New Agreement includes a nominal one and one-half percent (1.50%) increase to the Bradley Burns sales and use tax revenue exchange to the County, which remains two and one-quarter percent (2.25%) below the historical high 2009-2015 exchange agreement. In addition, the New Agreement includes an annual increase (inflationary adjustment) based on the
Consumer Price Index (CPI) each fiscal year for purposes of funding operations of the Madera Branch of the Madera County Library System.
The New Agreement acknowledges and supports future City and economic growth. This is represented through an equitable share of the property tax increment for growth/annexation areas and future opportunities for additional sales tax revenue, potential future job growth and employment demand accompanying any new urban development within expanded City limits and an expanded City Sphere of Influence (subject to LAFCo approval). It must be noted however that financial impact respective to future City growth relies on any number of factors beyond tax sharing, including but not limited to implementing sound fiscal responsibility strategies such as achieving revenue neutrality respective to the funding of service expansions in growth areas.
ALTERNATIVES:
The City Council may, at its discretion, consider the inclusion of alternative terms and/or provisions within the Tax Sharing Agreement prior to adoption of an approving resolution. The Council may include any such alternative terms or provisions in its motion; or, may elect to continue the item (to a future time and date certain) and/or refer the item back to staff, with further direction or requests for additional information or amendments.
ATTACHMENTS:
1. Resolution approving a Tax Sharing Agreement (TSA) between the City of Madera and County of Madera; including:
Tax Sharing Agreement between the City of Madera and County of Madera Exhibit A – Urban Growth Boundary
Exhibit B-1 – Meet and Confer Area, North
Exhibit B-2 – Meet and Confer Area, South
Exhibit C – City Sphere of Influence
ATTACHMENT 1
Resolution approving a Tax Sharing Agreement (TSA) between the City of Madera and County of Madera
Including:
Tax Sharing Agreement between the City of Madera and County of Madera Exhibit A – Urban Growth Boundary
Exhibit B-1 – Meet and Confer Area, North
Exhibit B-2 – Meet and Confer Area, South
Exhibit C – City Sphere of Influence
01425.0005/926536.1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING A
TAX SHARING AGREEMENT (TSA) BETWEEN THE CITY OF MADERA AND
COUNTY OF MADERA
WHEREAS, the California State Law governing City annexations specifies that there be an agreement between a city and county regarding the disposition of property taxes generated by the affected properties of an annexation proposal; and
WHEREAS, the City and County of Madera previously entered into a master tax sharing agreement that covered the period of June 6, 2012 through June 2, 2022; and WHEREAS, the City and County agree that it is in the best interest of both parties to enter into a new master tax sharing agreement which provides for fair and equitable property and sales tax sharing and the encouragement of sound economic growth; and WHEREAS, negotiating teams appointed by both parties have engaged in good faith negotiations and have jointly prepared a Tax Sharing Agreement with a five-year term and the opportunity for three one-year extensions.
WHEREAS, the City Council has reviewed the proposed Tax Sharing Agreement and finds that it is in the public interest to approve the Tax Sharing Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Madera as follows:
1. The City Council hereby finds that all of the facts set forth in the recitals above are true and correct and incorporated herein.
2. The Tax Sharing Agreement between the City of Madera and County of Madera, a copy of which is attached hereto, is hereby approved as to its material terms and conditions. The City Manager is authorized to make non-material revisions or refinements to the terms of the Tax Sharing Agreement, not including the sales tax and property tax sharing amounts or percentages, as may be needed to finalize the Agreement and reach a consensus with the County for approval, and subject to approval as to legal form by the City Attorney. The Mayor is then authorized to execute the Tax Sharing Agreement on behalf of the City.
3. This Resolution shall become effective immediately upon adoption. * * * * *
Attachments:
Tax Sharing Agreement between the City of Madera and County of Madera 01425.0001/925715.1
TAX SHARING AGREEMENT BETWEEN
THE CITY OF MADERA AND THE COUNTY OF MADERA
THIS AGREEMENT is made and entered into this ________ day of _______ 20__ , by and between the COUNTY OF MADERA, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the CITY OF MADERA, a municipal corporation of the State of California, hereinafter referred to as "CITY".
RECITALS
A. COUNTY and CITY wish to work together to develop a fair and equitable approach to property and sales tax sharing and the encouragement of sound economic growth.
B. In order to encourage economic development and environmentally sound land- use planning, it is important that any tax sharing among COUNTY and CITY be determined in advance to reduce delay and that any arrangement not be fiscally detrimental to either party.
C. Annexation to CITY of areas within its Sphere of Influence benefit CITY and COUNTY and are key to economic development for CITY and COUNTY and without which there will be, in effect, a reduction of the ability of CITY and COUNTY to serve their citizens.
D. Close cooperation between COUNTY and CITY is necessary to maintain the quality of life throughout Madera County and deliver needed services in the most cost- efficient manner to all CITY and COUNTY residents.
E. COUNTY recognizes the need for orderly growth within and adjacent to CITY and for supporting appropriate annexations and promoting the concentration of development within CITY.
F. Annexation which results in the development of urban uses in response to a clearly demonstrated community demand is appropriate; and well planned and fiscally sound redevelopment of underutilized property can be a valuable tool in the physical and economic development of CITY and COUNTY.
G. The parties previously executed a tax sharing agreement on or about June 6, 2017 and which was titled “Tax Sharing Agreement between the City of Madera and the County of Madera” (“the Previous Agreement”). The Previous Agreement expired on or about June 6, 2020 and was extended for two one (1) year terms that expired on June 6, 2022. This new Agreement is intended to replace the Previous Agreement and will apply according to its terms to all new annexations by the City following its execution by both parties.
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01425.0001/925715.1 2
NOW, THEREFORE, COUNTY and CITY hereby agree as follows:
AGREEMENT
1. DEFINITIONS. Unless the particular provision or context otherwise requires, the definitions contained in this section and in the Revenue and Taxation Code shall govern the construction, meaning, and application of words used in this Agreement. a. “Base property tax revenues” means Property tax revenues allocated by tax rate equivalents to all taxing jurisdictions as to the geographic area comprising a given tax rate area annexed in the fiscal year immediately preceding the tax year in which Property tax revenues are apportioned pursuant to this Agreement, including the amount of State reimbursement for the homeowners’ and business inventory exemptions.
b. “Property tax increment” means that portion of the levied taxes in excess of the amount specified in Section 1.a., above, attributable to the geographic area comprising a given tax rate area for the respective tax year. c. “Property tax revenue” means base Property tax revenue, plus the Property tax increment for a given tax rate area.
d. “Tax rate equivalent” means the factor derived for an agency by dividing the property tax levy for the prior fiscal year computed pursuant to the respective provisions of the Revenue and Taxation Code by the gross assessed value of the agency for the prior fiscal year.
2. SALES TAX REVENUE EXCHANGE.
a. CITY and COUNTY agree that it is the intent of this Agreement that COUNTY receive an amount equal to 4.50% of the one percent (1.00%) Bradley Burns sales and use taxes received by CITY or an equivalent amount should the State of California exchange all or a portion of sales and use taxes for an increased share of property taxes to CITY. Nothing herein is intended to allow COUNTY to receive more than four and one-half percent (4.50%) of CITY'S revenue from Bradley Burns sales and use taxes or in lieu receipts for such taxes. In the event that property taxes are exchanged for all or a portion of sales and use taxes, CITY will account for such revenues and transfer an amount equal to four and one-half percent (4.50%) to COUNTY.
b. Nothing herein shall be construed so as to require COUNTY to share with CITY sales tax revenues COUNTY has received within the meaning of California Government Code §§ 55700 through 55707 or Article XIII, § 29 of the California Constitution.
01425.0001/925715.1 3
3. IMPLEMENTATION OF SALES TAX REVENUE COLLECTION.
a. Pursuant to the Bradley Burns Uniform Local Sales and Use Tax Law (Revenue and Taxation Code § 7200 et seq., hereinafter "Bradley Burns"), CITY shall, within sixty (60) days of the execution of this Agreement, amend its local sales and use tax ordinance. This amendment shall enable COUNTY, pursuant to its sales and use tax ordinance, to collect a portion of CITY's one percent (1.00%) Bradley Burns sales tax that is generated within the incorporated area of CITY, as follows:
i. Four and one-half percent (4.50%) of the CITY’s one percent (1.00%), generated from the first day of the month immediately following full execution of this Agreement by all parties for a period of five years or as extended by the parties hereto.
b. CITY and COUNTY agree that it is the intent of this Agreement that COUNTY receive four and one half percent (4.50%), generated from the first day of the month immediately following full execution of this Agreement by all parties for a period of five years or as extended by the parties hereto of the one percent (1.00%) Bradley Burns sales and use taxes received by CITY or an equivalent amount should the State of California exchange all or a portion of sales and use taxes for an increased share of property taxes to CITY. Nothing herein is intended to allow COUNTY to receive more than four and one-half percent (4.50%) of CITY'S revenue from Bradley Burns sales and use taxes or in lieu receipts for such taxes. In the event that property taxes are exchanged for all or a portion of sales and use taxes, CITY will account for such revenues and transfer an amount equal to four and one-half percent (4.50%) to COUNTY. c. In order to implement the sales and use tax sharing as contemplated in this Agreement so that said tax sharing is effective on the first day of the month immediately following full execution of this Agreement by all parties, CITY shall remit to COUNTY the amount to which COUNTY would have been entitled to pursuant to the provisions of this Agreement until such time as the tax sharing ordinance to be adopted by the City pursuant to Section 3(a) herein is effective and fully implemented by the Board of Equalization. Said remittance shall be made within 30 days of the CITY’s receipt of such sales and use tax from the Board of Equalization. In the event that CITY makes payment pursuant to this provision and COUNTY is later paid the same amount by the Board of Equalization, COUNTY shall reimburse CITY the amount overpaid within thirty days of COUNTY’s receipt of such overpayment.
It is understood by the parties to this Agreement that the terms set forth herein shall not apply to any general or special sales and use tax which might be adopted by the CITY at any time, and the CITY shall retain 100% of any such special sales or use tax.
01425.0001/925715.1 4
4. EXCHANGE OF PROPERTY TAX REVENUES TO BE MADE UNDER § 99 OF THE REVENUE AND TAXATION CODE.
a. The property tax revenues collected in relation to annexations shall be apportioned between CITY and COUNTY as set forth in § 4(b) below. The parties acknowledge that, pursuant to §§ 54902, 54902.1 and 54903 of the Government Code and §§ 97 and 99 of the Revenue and Taxation Code, the distribution of such property tax revenues will not be effective until the revenues are collected in the tax year following the calendar year in which the statement of boundary changes and the map or plat is filed with the County Assessor and the State Board of Equalization.
b. In regard to the annexation of real properties, COUNTY will retain all of its base property tax revenue upon annexation. In addition, CITY shall receive one-half (1/2) of COUNTY’s share of the Property tax increment and COUNTY shall receive one-half (1/2) of the COUNTY’s share of the Property tax increment within said tax rate areas.
5. USE OF REVENUE FOR LIBRARY SERVICES.
CITY AND COUNTY agree that, in addition to the revenues reallocated from the City to the County by this AGREEMENT, the sum of $50,000 shall be paid by the City to the County annually for the term of this Agreement and dedicated by the County to the funding of operations of the Madera Branch of the Madera County Library System.
This figure shall increase based on the Consumer Price Index (CPI) each fiscal year beginning on July 1, 2023. The index to be used will be the CPI for all Urban Consumers (CPI-U), Series ID: CUUR0400SA0, CUUS0400SA0, Title: All Items in West urban, all urban consumers, not seasonally adjusted. The CPI will be calculated on an annual basis and will be based on the annual index as of June 30 of the most recently concluded fiscal year.
6. CRIMINAL JUSTICE ADMINISTRATION ("BOOKING") FEES.
California Government Code § 29550 provides for the recovery by counties of criminal justice administration ("booking") fees from cities and from other jurisdictions. The State of California currently reimburses the COUNTY for costs associated with booking inmates and the parties agree that COUNTY shall not charge CITY any fees for such costs as long as the State continues such reimbursement. In the event the State discontinues reimbursement of booking fees to the COUNTY, the COUNTY may charge to the CITY an amount up to one half of eligible costs associated with booking CITY inmates in accordance with Government Code § 29550 et seq. In that event COUNTY shall provide CITY with quarterly invoices upon which the CITY shall pay the COUNTY.
7. DEVELOPMENT WITHIN CITY'S URBAN GROWTH BOUNDARY.
a. Urban development projects which may be contemplated by property owners or developers outside the City limits but within the City’s General Plan Urban 01425.0001/925715.1 5
Growth Boundary, as shown in Exhibit “A”, shall be referred to the City for consideration of annexation.
b. For the purpose of this Agreement, "Urban Development Project" means: general plan amendments, specific plan or area plan amendments, rezonings, conditional use permits, site plan reviews, or other discretionary applications requiring approval by the County Planning Commission or Board of Supervisors, or any combination thereof, for commercial, residential or industrial uses. Institutional uses (including but not limited to schools, churches and other public and semipublic uses) and agricultural oriented uses (including but not limited to dairies and food processing facilities) shall be considered commercial uses under this section for those properties within the General Plan Urban Growth Boundary as shown in Exhibit “A”.
An Urban Development Project does not include any project for which a complete application was received by County prior to the effective date of this Agreement. c. City shall have 45 days to review the referred project and adopt a resolution of intent to annex if it so chooses. If the City adopts such resolution indicating its intent to annex, it shall have 10 months to take action to prezone the property and approve the project. If City determines that the Urban Development Project requires the preparation of an environmental impact report, City shall have 18 months to complete the prezoning and take action to approve the project. d. If the City does not adopt a resolution of intent to annex, and if the project is found by City to be consistent with the City’s General Plan, County may proceed with its consideration and approval of the Urban Development Project. In those instances, County shall require that the project be developed in conformance with City standards to minimize obstacles to future annexation. To the extent allowed by law, the County will condition development within the City Sphere of Influence so as to protect the ultimate planned road rights-of- way as set forth in adopted City General and Specific Plans.
e. If the project is not found by City to be consistent with City’s General Plan, or if the City adopts a resolution of intent to annex but LAFCO denies the application, then the project shall not proceed in either the City or the County. f. For Urban Development Projects located within the area shown in Exhibits “B- 1 and B-2” (Avenue 18 ½ and SR 99 and Avenue 12 and SR 99), City and County agree to meet and confer to seek a mutually acceptable outcome regarding the development of the project.
i) County Chief of Development Services and City Director of Community Development are designated to initiate meet and confer session as necessary under this section.
01425.0001/925715.1 6
ii) Subsequent to the meet and confer session specified in this section, County may proceed with its consideration and approval of the Urban Development Project for those areas identified in Exhibits “B-1 (entirely) and B-2 (only south of Avenue 12).”
g. Notwithstanding anything to the contrary in this Section 7 or in this Agreement, the County shall have the right to own, operate, maintain and construct government buildings and facilities, including utility and special district facilities, on any County-owned or County -acquired property, without the consent or prior approval of the City.
8. SPHERE OF INFLUENCE AMENDMENT.
a. CITY will file a request with LAFCO to amend the Sphere of Influence to include the area designated within Exhibit “C”. Such request will be made in conjunction with the completion of a Municipal Services Review (MSR), completed in accordance with the policies of Madera LAFCO.
b. COUNTY agrees, through the approval of this Tax Sharing Agreement, that it is in support of the amendment to the Sphere of Influence to include the area designated in Exhibit “C” to facilitate the orderly expansion of the City.
9. CREATION OF PARCEL SIZES LESS THAN 20 ACRES WITHIN GENERAL PLAN URBAN GROWTH BOUNDARY.
Except in circumstances where both parties agree, land divisions proposing parcels less than 20 acres which are referred to the City for consideration of annexation will be found to be inconsistent with the City’s General Plan and shall therefore not be approved. Typical basis for an exception would include division of a previously developed property or creation of a single home site on an agricultural parcel of larger than 20 acres. This provision shall not be in effect for those properties identified in Exhibit B-1 or B-2.
10. ADDITIONAL NEW GROWTH AREAS WITHIN CITY GENERAL PLAN PLANNING AREA.
CITY desires the incorporation of a “green belt” or agricultural buffer area around the exterior of its potential urban growth boundary as described in City’s General Plan.
To this end, County agrees that no New Growth Areas as defined by COUNTY General Plan will be established or designated within the City’s General Plan Planning Area.
11. LAW ENFORCEMENT SERVICES TO PARKWOOD.
The City agrees to provide law enforcement services to the County in the Parkwood area as described herein for the Term of the Agreement, unless the Agreement is terminated earlier pursuant to the terms hereof. The Parkwood area, for purposes of this Agreement, is defined as the area bounded by E. Pecan Avenue to the North, 01425.0001/925715.1 7
Highway 145/S. Madera Avenue to the West, Raymond Thomas Road to the East and the Conrad Street prolongation to the South.
The service delivery level shall be the same as is provided for the City of Madera within the city limits.
County shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents, 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 City’s provision of law enforcement services pursuant to this Agreement, 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 this Agreement, the County 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.
City shall indemnify, defend, and hold harmless the County, and its officers, employees, and agents, 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 City’s provision of law enforcement services pursuant to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County. In the event the County indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from this Agreement, the City shall provide a defense to the County indemnitees, or at the County’s option, reimburse the County indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.
The Parties to this Agreement expressly agree that this Section 12 providing for law enforcement services is intended to be by and between the County and the City as independent contractors and consequently shall not be construed to create any relationship of employer-employee, agent, servant, partnership, joint venture or any other association between or among the County and the City. Any and all officers performing under this section shall, at all times, exclusively be considered employees of the City. The law enforcement services to be performed by all City officers under this section, including the standards of performance, discipline and control thereof, shall also be the sole responsibility of the City, which shall ensure that its officers provided under this section observe and follow all applicable rules, regulations, policies, practices and standards while performing law enforcement services under this section. All officers performing services under this section shall receive administrative directions and technical support solely from the City Police Department. 01425.0001/925715.1 8
12. GENERAL PROVISIONS.
a. Term. This Agreement shall take effect upon being fully executed by both parties and shall be effective for a period of five (5) years, unless terminated prior to that time by mutual agreement of the parties or as otherwise terminated herein. This Agreement may be extended for three one (1) year terms upon mutual written agreement prior to expiration.
b. Termination Due to Operation of Law Or Failure of Party to Perform. In addition, should all or any portion of this Agreement be declared invalid or inoperative by a court of competent jurisdiction, or should any party to this Agreement fail to perform any of its obligations hereunder, or should any party to this Agreement take any action to frustrate the intentions of the parties as expressed (collectively or independently "event") in this Agreement, then in such event, the parties are obligated to negotiate a resolution of the issues presented by such event. Should the parties fail to meet within thirty (30) days of notice of the event triggering the meeting requirement or should the parties fail to resolve the issues presented by the event, then this entire Agreement, as well as any ancillary documents entered into by the parties in order to fulfill the intent of this Agreement, shall immediately be of no force and effect.
c. Termination Due to Changes in Law. The purpose of this Agreement is to alleviate in part the revenue shortfall experienced by COUNTY, which may result from CITY's annexation of revenue-producing or potentially revenue- producing properties located within the unincorporated area of COUNTY. The purpose of this Agreement is also to enable CITY to proceed with territorial expansion and economic growth consistent with the terms of existing law as mutually understood by the parties as well as to maximize each party's ability to deliver essential governmental services. In entering into this Agreement, the parties mutually assume the continuation of the existing statutory scheme for the distribution of available tax revenues to local government and that assumption is a basic tenet of this Agreement. Accordingly, it is mutually understood and agreed that this Agreement may, by mutual agreement be terminated should changes occur in statutory law, court decisions or State administrative interpretations which negate the basic tenets of this Agreement. d. Modification. This Agreement and all the covenants and conditions set forth herein may be modified or amended only by a writing duly authorized and executed by COUNTY Board of Supervisors and CITY Council. e. Enforcement. COUNTY and CITY each acknowledge that this instrument cannot bind or limit themselves or each other or their future governing bodies in the exercise of their discretionary legislative power. However, each binds itself that it will insofar as is legally possible fully carry out the intent and purposes hereof, if necessary, by administrative action independent of ordinances, and that this Agreement may be enforced by injunction to the extent allowed by law. 01425.0001/925715.1 9
f. Entire Agreement; Supersession. With respect to the subject matter hereof, this Agreement supersedes any and all previous negotiations, proposals, commitments, writings, and understandings of any nature whatsoever between COUNTY and CITY except as otherwise provided herein.
g. Notice. All notices, requests, certifications or other correspondence required to be provided by the parties to this Agreement shall be in writing and shall be delivered by first-class mail or an equal or better form of delivery to the respective parties at the following addresses:
COUNTY: CITY:
County Administrative Officer City Administrator
County of Madera Government Center City of Madera City Hall 200 West 4th Street 205 West 4th Street
Madera, CA 93637 Madera, CA 93637
h. Notice of Breach. Prior to this Agreement being terminated by COUNTY for failure by CITY to comply with its material obligations hereunder, COUNTY shall provide notice to CITY of such failure, and CITY shall comply with the terms and conditions of this Agreement within thirty (30) days of receipt of notice. If CITY fails to timely comply, CITY shall be in breach of this Agreement and COUNTY may terminate this Agreement as provided herein. During the thirty (30) day notice period and until CITY certifies its compliance in writing and COUNTY accepts in writing, no property tax transfer agreement, as contemplated by the Revenue and Taxation Code, shall exist between COUNTY and CITY with respect to any pending annexations. In like manner, CITY shall give COUNTY thirty (30) days' written notice and opportunity to cure any alleged material noncompliance, breach, or default of this Agreement on the part of COUNTY before terminating this Agreement as provided herein, except that during that period a property tax transfer agreement shall be deemed to exist. The failure of a party to comply with any material obligation imposed by this Agreement that is not remedied within thirty (30) days shall be a material breach and be a ground for termination. Except as otherwise provided in this Agreement for a breach of its terms and conditions, the parties may enforce this Agreement in any manner authorized by law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Madera, State of California, on the dates set forth above. //
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01425.0001/925715.1 10
* * * * * * * * * * * * * * * *
IN WITNESS WHEREOF of the foregoing Agreement is executed on the date and year first above-written.
ATTEST:
Clerk, Board of Supervisors
Approved as to Legal Form:
COUNTY COUNSEL
By:
Dale E. Bacigalupi
Approved as to Form:
COUNTY ADMINISTRATIVE OFFICER
By:
ATTEST:
Madera City Clerk
Approved as to Legal Form:
MADERA CITY ATTORNEY
By:
Approved as to Form:
MADERA CITY ADMINISTRATOR
By:
COUNTY OF MADERA
Chairman, Board of Supervisors
CITY OF MADERA
Mayor, City of Madera
145 £¤
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REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: October 4, 2023
Agenda Number: D-3
Keith Helmuth, City Engineer
Arnoldo Rodriguez, City Manager
SUBJECT:
Contract Award for the Renovation of the Cook Water Tower, City Project No. W-22 and W-34 RECOMMENDATION:
1. Adopt a Resolution approving the contract award for the Renovation of the Cook Water Tower, City Project No. W-22 and W-34 in the amount of $2,920,732.00 to Unified Field Services Corporation and a contingency of 10 percent of the contract amount, and a CEQA Class 1 Categorical Exemption (Existing Facilities).
2. Adopt a Resolution Approving Project Funding Amendments Appropriating $604,078.00 to the Fiscal Year (FY) 2023/24 Capital Projects Budgets SUMMARY:
Loy Cook Water Tower, located on the southwest corner of South and Columbia Streets, was constructed in 1962 and has a capacity of 1 million gallons of water. The tower is due for renovations consisting of structural upgrades to meet current seismic codes, removal and replacement of the interior coating, removal and repainting of the tank's exterior, and replacement of the 16-inch water supply line and valves supplying the water tower.
On December 15, 2021, the City Council approved an agreement with Beyaz & Patel, Inc. for the structural evaluation and interior and exterior coating evaluation of the Loy Cook Water Tower.
As part of the agreement, the consultant was required to perform field investigations of the tower to provide structural recommendations to bring the water tower up to current seismic and building codes should the tower be found to be structurally deficient.
Subsequently, on December 21, 2022, the City approved an Amendment with Beyaz & Patel, Inc., to prepare plans and specifications for the interior and exterior coating and structural upgrades to the tower.
On September 14, 2023, the City received two bids for the Renovation of the Loy Cook Water Tower, City Project No. W-22 and W-34 (Project). The Project combines two Capital Improvement Plan (CIP) projects W-22 and W-34, funded with American Rescue Plan Act (ARPA) funds designated for water and sewer infrastructure improvements by Council.
Unified Field Services Corporation submitted the lowest, responsive bid. The Fiscal Year (FY) 2023/24 Capital Projects Budget includes funding for both projects. Additional funds are needed to meet the recommended contract award amount.
BACKGROUND:
The water tower, named after Loy E. Cook, who served as the water superintendent at the time and was a long-time employee of the City for 35 years, has a capacity of over 1 million gallons, a height of 134 feet, and a diameter of 76 feet. The iconic structure is the only remaining elevated water storage tank still in use by the City. The other tower, located at the Frank Bergon Center, is not actively used.
In 2021, the engineering firm Beyaz and Patel Inc, under contract with the City, performed a condition assessment of the tower’s structural systems, steel integrity, internal coating and external paint. The conclusions in the report were as follows:
▪ The structural integrity of the tower is in good condition. Minor upgrades are necessary to bring the tower in compliance with current seismic building codes. ▪ The interior coating is in safe but deteriorating condition with removal and replacement of the interior coating recommended.
▪ The exterior paint is deteriorating with spot corrosion of the underlying steel and spot peeling throughout the tower. Repainting the tower is recommended by one of two provided options:
o Strip all existing paint and repaint. This method was selected for the reasons discussed below.
o Spot repair corroded areas and paint over existing paint.
It was recommended that to preserve the tower for the next 40-50 years with the least maintenance, complete removal of existing exterior paint and repainting of the tower should be done.
Unified Field Services Corporation submitted the lowest, responsive, and responsible bid that meets the contract requirements. It is therefore recommended for award.
Water Utility funds are programed in the FY 2023/24 CIP as W-22 and W-34.
DISCUSSION:
The general scope of work consists of the following:
▪ Perform structural upgrades to the tower by replacing bracing between the legs and tank. ▪ Abrasive blasting of the interior of the tank to remove the existing coating, recoat the interior surfaces with a 2-coat system of Sherplate MSS-600 (suitable for potable water storage) epoxy coating (Sherwin Williams). The tank will be out of service for approximately 3 months from December 2023 through February 2024. These months were determined to have the lowest water demand on the tank during the year (winter months). The recoating of the interior will require interior scaffolding. ▪ Scaffolding the exterior of the tank and sandblast all existing paint off all surfaces. The entire tower must be tented to contain and filter away any airborne paint and material sandblasted from the exterior surface. The tower will then be repainted with a 3-coat system (epoxy primer coat, epoxy finish coat, and clear commercial urethane coat). The topcoat is Sherloxane 800 made by Sherwin Williams. The paint system has an estimated lifespan of 40-50 years if inspections are made every 10 years and possible maintenance in later years of the lifespan. The existing AT&T and City antennas will be protected and remain in service during all construction phases.
▪ The MADERA logo and sign will be repainted to its original size and color. ▪ Replacement of the 16-inch supply pipeline and valves were added to the scope of work at the request of Public Works due to the age of the valves and water line needing constant repair.
The construction schedule is driven by the water demand on the tower from the city’s water distribution system. Historically, the lowest demand on the tower is in the cooler months of December, January, and February for domestic demand and fire suppression reserve. These months represent the lowest risk to the city if the tower is drained and taken offline, thus the contract documents require that the interior recoating be performed during this period.
On August 16, 2023 the City released the projects for public bidding on the PlanetBids web portal.
Also, a “Notice Inviting Bids” was duly published in the Madera Tribune Newspaper on August 16 and August 23, 2023. Additionally, City staff contacted six firms directly by telephone at the recommendation of the Engineering Consultant. No local firms were found in the immediate vicinity capable of performing this scope of work.
On September 14, 2023 two bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. Table 1 presents a summary of the bids received.
Table 1: Bid Overview
Bidder Total Base Bid
1. Unified Field Services Corporation $ 2,920,732
2. Simpson Sandblasting and Special Coatings, Inc $3,274,431 Engineer’s Opinion of Cost $1,973,000
Unified Field Services Corporation submitted the lowest, responsive, and responsible bid that meets the contract requirements and is therefore recommended for award.
Engineer’s Opinion of Cost
After the Engineer’s Opinion of Cost was prepared, the following became apparent:
▪ The estimated construction cost assumed the interior would not need any scaffolding and the exterior would only need partial scaffolding on the underside. A hanging painter's bench would have been used to paint that moves around the interior and exterior of the tank.
The assumption was incorrect and the contractors chose full scaffolding on the interior and exterior as a faster method to ensure the tank stays out of service only during the allotted time and materials for the project were underestimated. ▪ The 16-inch water valves and water line replacement cost estimate was also incorrect.
The estimate was based on discussions with local vendors since Engineering and Public Works have no historical data for water valve and water line replacement of this size.
The cost of the structural repairs was within budget.
While the bid amount was $947,732 over the Engineer’s Opinion of Cost, the funding for the project including contingencies and construction oversight, is $604,078.00 over budget. Staff has determined that a recommendation for approval of the contract, and budget amendment, is warranted based on several factors that include:
▪ Cost: While higher than expected, rebidding:
o Would result in a delay of one year
o Other factors such as inflation, the direction of the economy and the success of attempts to redesign cannot guarantee a reduced cost when looking at a one-year delay
▪ Schedule: One potential method of reducing cost is to extend the schedule as part of a rebid. Staff is uncomfortable extending the construction schedule given the risks to supply as weather increases may result in the need for the tank to be operational. ▪ Maintenance: Staff prefers the coating selections made as they are expected to result in the least required maintenance and associated cost in the long run ▪ Reasonableness of Bid: While the engineering consultant’s estimated cost of construction was significantly lower than the bid amount as a result of incorrect assumptions on scaffolding, materials, and schedule, it is not staff’s opinion that rebidding would be in the best interest of the City as staff’s review seems to confirm that the factors that led to certain higher than projected costs probably could not be addressed in a manner that bid amounts would be reduced.
Finally, staff performed a preliminary environmental assessment of this project and determined that it falls within the Class 1 Categorical Exemption (Existing Facilities) set forth in California Environmental Quality Act (CEQA) Guidelines section 15301, as this contract is for the repair and rehabilitation of an existing water tower, which will not result in the expansion of capacity of the water tower or the City’s water system. Furthermore, none of the exceptions to the Categorical Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project. As such, staff recommends that the City Council adopt a Class 1 Categorical Exemption for this project.
FINANCIAL IMPACT:
There is no fiscal impact on the City’s General Fund. The recommended budget for the project's construction phase is $3,482,805.00, including construction contract, contingencies, administration, testing, and inspection. Funding for projects W-22 and W-34 is programmed in the FY 2023/24 Capital Projects Budget with Water Utility Funds (20303830), specifically American Rescue Plan Act (ARPA) funds that have a deadline of expenditure of December 2024.
Additional funding is needed to complete the project. Table 2 outlines the current and proposed project budget.
Table 2: Project Budget
Projected Costs
Remaining Design, Bidding, and Advertising Costs $20,000 Construction Contract – pending approval $ 2,920,732
Contingencies, 10% of Contract Amount $292,073
Construction Engineering, Inspection, and Testing $250,000 Total Costs $3,482,805
Funds Programmed in FY 23/24 CIP Budget
W-22 $1,469,941
W-34 $1,408,786
Current Project Budget $2,878,727
Budget Amendment Requested
W-22 $0
W-34 $604,078
Proposed Project Budget $3,482,805
ALTERNATIVES:
Reject all bids. Rebid with changes in schedule, scope and method of painting. As noted above, this is not considered to have a high degree of confidence in lowering costs while achieving certain goals with regard to maintenance.
ATTACHMENTS:
1. Resolution approving Contract
a. Exhibit A – Contract
2. Budget Amendment Resolution
a. Exhibit A – Budget Amendment Sheet
Attachment 1
Contract Award Resolution
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE CONTRACT AWARD FOR THE RENOVATION OF THE LOY COOK WATER TOWER, CITY PROJECT NOS. W-22 AND W-34 IN THE AMOUNT OF $2,920,732.00 TO UNIFIED FIELD SERVICES
CORPORATION AND AUTHORIZING CONSTRUCTION CONTINGENCIES
RELATING TO THE CONTRACT
WHEREAS, on August 16, 2023, the City of Madera (City) Engineering Department advertised a solicitation for construction bids for the Renovation of the Loy Cook Water Tower, City Project Nos. W-22 and W-34 hereinafter referred to as “the Project”;and WHEREAS, two sealed bids were received on September 14, 2023, and opened by the City Engineer; and
WHEREAS, Unified Field Services Corporation was selected as the lowest responsive and responsible bidder; and
WHEREAS, the Project is programmed in the Capital Improvement Projects Budget for Fiscal Year 2023/24 under CIP Projects W-22 and W-34 using American Rescue Plan Act (ARPA) funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The City Council (Council) has reviewed and considered all of the information presented including the report to Council from the Engineering Department.
3. The City has performed a preliminary environmental assessment of this project and has determined that it falls within the Class 1 Categorical Exemption (Existing Facilities) set forth in California Environmental Quality Act (CEQA) Guidelines section 15301, as this contract is for the repair and rehabilitation of an existing water tower, which will not result in the expansion of capacity of the water tower or the City’s water system. Furthermore, none of the exceptions to the Categorical Exemptions set forth in CEQA Guidelines section 15300.2 apply to this project. As such, the Council adopts a Class 1 Categorical Exemption for this project.
4. The City finds that Unified Field Services Corporation is the lowest responsible and responsive bidder.
5. The contract for the Project in the Amount of $2,920,732.00 to Unified Field Services Corporation, a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.
6. Council authorizes Construction Contingencies of up to 10 percent as approved by the City Engineer.
7. This Resolution is effective immediately upon adoption. *******
Exhibit A
Contract Agreement
AGREEMENT
THIS AGREEMENT, made this 4th day of October, 2023, between the City of Madera, hereinafter called “OWNER”, and Unified Field Services Corp, doing business as a corporation, hereinafter called “CONTRACTOR”.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The CONTRACTOR shall commence and complete all WORK required for the “Renovation of the Loy Cook Water Tower, City Project No. W-22 and W-34”
2. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the WORK described herein.
3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of
$ 2,920,732.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.
4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.
5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) General Conditions
(J) Special Conditions
(K) City of Madera Standard Specifications and Drawings (N) State Standard Plans and Specifications
(O) Plans and Specifications prepared or issued by City of Madera entitled “Renovation of the Loy Cook Water Tower City Project No. W-22 AND W-34” dated JULY 2023.
Addenda Nos. 1, dated August 22, 2023
Addenda Nos. 2, dated August 24, 2023
Addenda Nos. , dated
6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Four Thousand two Hundred Dollars ($4,200.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.
7. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.
8. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided. 8A. CLAIMS RESOLUTION PROCESS FOR DISPUTES.
It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached.
For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other's attention and prior to the commencement of such work.
The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. seq.
A. Claims:
The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract.
2. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
3. Payment of an amount that is disputed by the Owner.
B. The Claim Must Be Timely and in Writing:
For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.
C. Receipt of Claim by Owner:
Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.
The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.
D. City Council Approval:
If the Owner needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
E. Payment of Claim:
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.
F. Meet and Confer:
If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the Owner and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
G. Filing a Government Code Written Claim Notice:
Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.
H. Owner’s Failure to Respond to Claim:
Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.
I. Interest:
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
J. Subcontractor Claims:
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
K. Filing of Action on Unresolved Claims:
The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.
9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.
10. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.
The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.
11. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the OWNER, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.
12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the OWNER forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself and all SUBCONTRACTORS.
Section 1777.5 provides, in part, as follows:
The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.
Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or (c) If there is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When such exemptions are granted to an organization which represents CONTRACTORS in a specific trade from the 1 to 5 ratio on a local or statewide basis the member CONTRACTORS will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.
The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORS on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.
14. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property.
The CONTRACTOR doing the work, or his duly authorized agent, shall file with OWNER a report, verified by his oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the OWNER, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the OWNER the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.
Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.
15. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.
16. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a supplemental agreement or change order and approved and signed by the OWNER and the CONTRACTOR. It is specifically agreed that the OWNER shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.
This contract shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.
17. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this AGREEMENT, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.
The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.
18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 37-38 of the Contract Documents.
19. Amendments- Any changes to this Agreement requested by either City or Unified Field Services Corporation. may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.
20. Termination.
A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Unified Field Services Corporation shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.
B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:
1. An illegal use of funds by Unified Field Services Corporation;
2. A failure by Unified Field Services Corporation to comply with any material term of this Agreement;
3. A substantially incorrect or incomplete report submitted by Unified Field Services Corporation to City.
In no event shall any payment by City or acceptance by Unified Field Services Corporation constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Unified Field Services Corporation the repayment to City of any funds disbursed to Unified Field Services Corporation under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.
Notice of termination shall be mailed to the City:
City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93638
To the Contractor Unified Field Services Corporation
Notices. All notices and communications from the Unified Field Services Corporation shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing.
All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.
21. Compliance With Laws- City shall comply with all Federal, State and local laws, ordinances, regulations and provisions applicable in the performance of City’s services.
Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.
22. Attorneys’ Fees/Venue- In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.
23. Governing Law- The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement. If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
24. City’s Authority- Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.
25. Contractor’s Legal Authority - Each individual executing or attesting this Agreement on behalf of Unified Field Services Corporation hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that Unified Field Services Corporation is a duly organized and legally existing corporation in good standing in the State of California.
26. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
27. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.
Because of its status as an independent contractor, City shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.
28.Sole Agreement- This instrument constitutes the sole and only Agreement between City and Unified Field Services Corporation in connection to the Project and correctly sets forth the obligations of the City and Unified Field Services Corporation to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.
27. Assignment-Neither the Unified Field Services Corporation nor City will assign its interest in this Agreement without the written consent of the other. 28 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in THREE copies, each of which shall be deemed an original on the date first above written.
City of Madera
Herein Called OWNER
By:
Santos Garcia, Mayor
APPROVE AS TO FORM:
Shannon L. Chaffin, City Attorney
ATTEST:
Alicia Gonzales, City Clerk
BY: Unified Field Services Corporation
Herein Called CONTRACTOR
BY:
Joseph Watkins, Vice President
Federal Tax I.D. No. 47-5327634
Contractor License Number = 1009928
DIR Registration Number = 1000042614
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
California Notary acknowledgement required to be attached.
Attachment 2
Budget Amendment Resolution
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, APPROVING FUNDING AMENDMENT APPROPRIATING $604,078 TO THE CITY OF MADERA FISCAL YEAR (FY) 2023/24 CAPITAL PROJECTS BUDGET
FOR THE RENOVATION OF THE LOY COOK WATER TOWER, CITY PROJECT W-34.
WHEREAS, a project for the renovation of the Loy Cook Water Tower, City Projects W-22 and W-34, hereinafter called “the Project”, is included in the Fiscal Year (FY) 2023/24 Capital Projects Budget; and
WHEREAS, additional funds are necessary for the completion of the project construction phase including contract items, contingency and construction administration, inspection and testing; and
WHEREAS, Funds are available in the unprogrammed fund balance of the American Rescue Plan Act (ARPA) funds.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The above recitals are true and correct.
2. The FY 2023/24 Capital Projects Budget is hereby amended in accordance with Exhibit AA, Budget Amendment Breakdown which is incorporated by reference herein.
3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Finance who is authorized to take such action as necessary to implement the terms of this resolution.
4. This resolution is effective immediately
/ / /
EXHIBIT AA
BUDGET AMENDMENT BREAKDOWN
Org Code Obj
Code
Project
Code Description (-) (+)
48250000 4434 ARPA Grant Revenue $604,078
48250000 8260 ARPA Transfer Out (CIP) $604,078
48250000 4360 ARPA Transfer In (CIP) $604,078
20303830 7050 ARPA
W-000034 South Street Water Tower
(Loy Cook Tank)
Exterior Rehab
0 $ 604,078
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 4, 2023
Agenda Number: E-1
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Riverview Park Playground Equipment Installation
RECOMMENDATION:
Receive a summary report of the neighborhood meeting and provide direction on plans to install playground equipment at Riverview Park
SUMMARY:
The Department of Transportation (Caltrans) awarded the City of Madera $832,350 under the Clean California Local Grant Program (CCLGP). The grant award is to be used for the completion of several non-infrastructure and infrastructure projects to address beautification and improvement projects in and along the Fresno River and the Vernon McCullough River Trail.
These include:
▪ Litter abatement in the Fresno River.
▪ Restoration of the Vernon McCullough cross-city trail system. ▪ Installation of exercise equipment in a section of the trail. ▪ Removal of current trash bins and installation of new trash receptacles along the trail. ▪ Installation of playground equipment with a swing set at Riverview Park which sits adjacent to the Fresno River.
▪ Installation of educational signage and trail markers along the trail.
Staff is seeking affirmation from the Council about the plans to move forward with the installation of the playground equipment with a swing set at Riverview Park, as several residents have voiced opinions requesting for the installation to not occur at the park, or for the installation to occur at a different location within the park.
DISCUSSION:
Caltrans developed the CCLGP as part of a two-year program. Approximately $296 million will go to local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces. Through the combination of adding beautification measures and art in public spaces along with the removal of litter and debris, the CCLGP is intended to enhance communities and improve spaces for walking and recreation.
On January 19, 2022, staff brought before the Council the initial intent to apply for grant funds under the CCLGP. The application intended to address the increase in refuse in the Fresno River and immediate surrounding areas over the last few years. The application planned to augment the work already being done by the City under the riverbed cleanup pilot program and add beautification projects and an educational component as part of the maintenance aspect. Grant applications were due February 1, 2022.
Due to the selection of the Fresno River and Vernon McCullough River Trail as the grant project site, staff sought grant components that would fit the grant intent and allowable purposes. With Riverview Park not having park amenities, and the purpose of the grant being to enhance communities and improve space for recreation, the idea of adding playground equipment to the park was finalized. Staff also took into consideration the limited playground equipment on the northwest side of town and the fact that there are no swing sets on the west side of town.
During the summer of 2022, the City was notified of being selected as an awardee for the CCLGP.
Awards were given to 105 projects, or approximately 30 percent of the received applications, totaling $295,993,146 in requested grant funds. The CCLGP team received 329 applications by the application deadline that sought $758,485,147 in grant funds. The City was 1 out of 105 applications selected to be funded, being awarded the full request amount of $832,350.
On June 1, 2022, staff brought before the Council the request to approve a Restricted Grant Agreement for the CCLGP funding of $832,350. Council did approve the Restricted Grant Agreement. Staff Report confirmed play equipment to be installed at Riverview Park was an approved component of the grant application. The grant performance period was identified as June 30, 2024.
Since then, staff have worked diligently to execute components of the grant components. ▪ A total of $195,000 has been reimbursed for litter abatement efforts in the Fresno River. ▪ Staff ensured procurement processes were followed for the motion-capable exercise and playground equipment. The equipment has been received and was set to be installed by the end of September 2023.
▪ Staff released an Invitation for Bid for the trail restoration of the Vernon McCullough River Trail; Invitation for Bid 202323-07. Bids are due October 16, 2023. ▪ Staff also began planning to procure 36 trash receptacles to replace the outdated and worn-out receptacles along the trail. This will take collaboration between City and local partners such as Madera Unified School District and the Madera County Arts Council, as trash receptacles shall have educational artwork with eco-friendly and environmental messaging, which staff plans to have as much community participation as possible.
Pertaining to the installation of the playground equipment at Riverview Park, staff put the installation plans on pause after several residents voiced requests for the installation of the playground equipment to not occur at the park, or for the installation to occur at a different location within the park. Initial comments were submitted the week of August 25, 2023. Initial comments included:
▪ The playground will bring unwanted noise to a quiet neighborhood. ▪ Neighbors were not aware of the project.
▪ The playground would increase the amount of trash left in the neighborhood. ▪ The playground would obstruct views of the Fresno River, State Route 99, and Fairgrounds.
▪ The playground could potentially devalue homes.
▪ The playground will most likely cause visitors to park in front of residential homes. ▪ The playground would not be utilized, as there are very few children in the neighborhood. ▪ The playground is an unwanted risk.
▪ The playground will bring additional out-of-the-area people into the neighborhood. ▪ The playground will increase or attract activity and the presence of people who may be experiencing an unhoused situation.
As proposed, the current playground dimensions are 90 feet by 40 feet and include plans for a toddler lot for ages 2-5, and a swing set geared towards ages 5-12, with the overall play area designed for children 2-12. Worth noting is that the swing set does include an inclusive swing seat, able to provide a secure molded seat, high back, adjustable harness, and a neutral body position. For context, the initial proposed site plan for the playground area is identified in Attachment 1 and the initial playground location at the park is identified in Attachment 2.
During the first week of September, the City Manager and Parks & Community Services Department Director conducted a site visit at Riverview Park to confirm the location for the placement of playground equipment was ideal.
On Monday, September 11, 2023, Parks & Community Services (PCS) Department staff, consisting of the PCS Director, Administrative Analyst, and Parks Supervisor conducted a site visit with the Public Works Electrical/Facilities Manager to explore any effects of placing the equipment farther on the east side of the park, towards Lillian Street, as there are two light poles that may have underground lines impacting any digging. After inspection, the Public Works Electrical/Facilities Manager confirmed the light poles at the site were not sub-surface and should have no underground lines, unless otherwise noted by an Underground Service Alert inspection.
On Tuesday, September 12, 2023, the Parks Supervisor met with West Coast Arborists to conduct a site visit to explore the options of placing the playground equipment at a different location in the park. West Coast Arborist noted that moving the playground farther to the east, towards Lillian Street, would require removing a large tree estimated to be over 100 years old. West Coast Arborists confirmed the current proposed playground location was best fitting, as moving the playground farther west or east would result in removing trees to accommodate the equipment.
Attachment 3 identifies the tree and location of the tree within the park, estimated to be over one hundred years old.
On Wednesday, September 20, 2023, City staff, consisting of the PCS Director, Administrative Analyst, and Parks Supervisor conducted a site visit with the contracted playground installer to explore possible alternatives for the placement of the playground equipment in another location of the park. The installer confirmed moving the playground farther to the east would result in close proximity to the intersection of Lillian Street, further raising safety concerns, as well as the concern for tree roots if the playground was moved to the east. The installer did confirm the playground equipment could be moved a few feet to the west, towards Joy Street. During the inspection, the idea of alternating the playground equipment so the toddler lot was on the west and the swing set on the east could possibly aid in decreasing concerns of view obstruction for the front door residents. Attachment 2 identifies the new proposed location of the playground area, moved slightly to the west. The new configuration would allow the toddler lot to sit across the way from an alley, garage, and driveway and the swing set would now sit across from the resident’s front door, creating a less obstructive view.
On Monday, September 25, 2023, City staff facilitated a neighborhood meeting at Riverview Park to further make time for residents to share their opinions. City staff:
▪ Posted notice of the meeting on City's social media platform ▪ Notified residents of the meeting via flyers delivered to over 60 residences in the immediate neighborhood.
Over 20 residents, including parents with children, couples, and individuals, attended the meeting. The City was represented by Councilmembers, PCS staff, and the Police Department.
Similar opinions as the initial comments noted previously were shared. Opinions in favor included:
▪ The playground would increase the value of homes in the neighborhood. ▪ Having a park with a playground increases the leverage of the Police Department to dedicate patrolling in the area, as any space designed for children is a priority to keep safe.
▪ A playground area is much better than a vacant lot area. ▪ Having a neighborhood park can be a valuable experience for neighborhood children to have access to a play area.
▪ The addition of a playground in the area would attract neighbors to get to know each other, building a community where people know their neighbors and look out for one another.
▪ The addition of a playground would not either increase or attract additional illicit activity, as the presence of families and people, in general, tends to drive that type of activity away.
▪ There is ample parking space along Riverview Drive on the park side of the street, should visitors drive to the park.
▪ Parks make life better.
The meeting's intent was to hear the neighborhood residents' perspectives and provide a safe opportunity for dialogue. Leading the meeting were Councilmember Steve Montes, and the PCS Director. People actively participated in the discussion. All in attendance were allowed to voice their respective concerns. At the end of the meeting, an informal poll was taken, and the majority voted in favor of the play structure. It should be noted that attendees in opposition were predominately those who resided either directly across the street or near the park equipment to be installed. Overall, the meeting was well received, and many residents personally thanked the Council and City staff for listening and offering further insight and compromise where possible.
Ultimately it was shared guidance on the installation of the playground equipment at Riverview Park would be further discussed at the October 4, 2023, Council meeting.
It should be noted that the City is not proposing a picnic area or restrooms, two features that tend to attract people from outside the immediate neighborhood or entice individuals to stay at the park for long periods. Instead, the features are intended for young children and to serve the immediate neighborhood in an area lacking park amenities. Moreover, as highlighted during the neighborhood meeting, parks offer a place to socialize and build neighborhood bonds and a sense of neighborhood identity.
FINANCIAL IMPACT:
The playground equipment was purchased in conjunction with motion-capable fitness exercise equipment, totaling $247,279.59. It should be noted that the total cost includes the playground equipment costs, fitness equipment costs, surfacing materials costs, shipping and freight costs, and installation costs for both the playground and fitness equipment. This also included excavation, disposal of existing spoils, installation of concrete curbing, temporary fencing while work is under construction, and transportation of equipment from the City’s Corporation Yard to the job site. The actual costs for the playground equipment total $89,550 out of the $247,279.59 total, without the additional components of the purchase listed above.
Table 1: Playground Equipment Costs
Item Vendor Amount
Play Structure Custom Round 5 Steel Play System Playcraft $81,456 8-foot Arch Swing (2 seats) Playcraft $3,071
8-foot Arch Swing (2 seats) AB Playcraft $1,935
Full Bucket Seat Playcraft $296
Inclusive Seat Playcraft $840
Belt Seat Playcraft $247
2-12 Age-Appropriate Sign Playcraft $333
6-foot Bench (with back) Playcraft $1,372
Total $89,550
Since the City has received the playground equipment, staff submitted a reimbursement request to Caltrans under the CCLGP reimbursement process. The City has been fully reimbursed for the $89,550 associated with the purchase and receipt of the playground equipment.
Additional costs to install the playground equipment consist of the installation of safety perimeter fencing only around the play area. The safety perimeter fencing would be a four-foothigh fence, meeting playground equipment standards of four feet to deter climbing. The fencing would include self-closing and self-latching mechanism gates, to ensure they stay closed when not in use. Fencing is required due to the proximity of the street and river to the playground area.
Costs for a four-foot rod iron-style fence and installation of fencing are estimated at $35,000.
Costs would be covered by available funding in the CCLGP award balance.
ALTERNATIVES:
Council may request additional information be brought forth at the next meeting regarding additional park site alternatives, should the Council recommend that Riverview Park not be the site for the installation of the playground equipment. It should be noted that any site changes to the installation of the playground equipment would have to be ultimately approved by Caltrans, as part of a change to the grant scope of work, project site, and possibly the grant outcomes.
ATTACHMENTS:
1. Site Plan of Playground Area at Riverview Park
2. Initial Location of Playground Area at Riverview Park
3. New Proposed Location of Playground Area at Riverview Park
4. Photos of Riverview Park
ATTACHMENT 1
SITE PLAN OF PLAYGROUND AREA AT RIVERVIEW PARK
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ATTACHMENT 2
INITIAL LOCATION OF PLAYGROUND AREA AT RIVERVIEW PARK
ATTACHMENT 3
NEW PROPOSED LOCATION OF PLAYGROUND AREA AT RIVERVIEW PARK ATTACHMENT 4
LOCATION OF TREE AT RIVERVIEW PARK ESTIMATED TO BE OVER 100 YEARS OLD