AMENDMENT #1
TO
CONTRACT # 031121-TTC
THIS AMENDMENT is by and between Sourcewell and The Toro Company (Vendor).
Sourcewell awarded a contract to Vendor to provide Grounds Maintenance Equipment, Attachments, and Accessories with Related Services to Sourcewell and its Participating Entities, effective April 29, 2021, through April 30, 2025 (Contract).
The parties wish to amend the following terms within the Contract.
1. This Amendment is effective upon the date of the last signature below.
2. Vendor wishes to modify its pricing model to offer Product-category discounts off of current MSRP will apply as described in items 54-60. In Canada, the pricing model will be US MSRP multiplied by the exchange rate at the time of order (exchange rate based on the monthly average published rate at the time of order, according to the Bank of Canada – Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied. Bank of Canada – Monthly Exchange Rate:
https://www.bankofcanada.ca/rates/exchange/monthly-exchange-rates/
3. Vendor will offer a “Smart Value” volume discount that includes the following incentive for individual large orders.
Toro Commercial
Purchases
Customer
Goods
Toro Commercial
Purchases
Customer
Goods
$ 150K - $ 199K
$ 200K - $ 249K
$ 250K - $ 299K
$ 300K - $ 349K
$ 350K - $ 399K
$ 400K - $ 449K
$ 450K - $ 499K
$ 500K - $ 549K
$ 4,500
$ 6,000
$ 10,000
$ 12,000
$ 14,000
$ 16,000
$ 18,000
$ 20,000
$ 550K - $ 599K
$ 600K - $ 649K
$ 650K - $ 699K
$ 700K - $ 749K
$ 750K - $ 799K
$ 800K - $ 849K
$ 850K - $ 899K
$ 900K*
$ 22,000
$ 24,000
$ 26,000
$ 28,000
$ 30,000
$ 32,000
$ 34,000
$ 36,000
Only single Purchase Orders (POs) on Toro Commercial Equipment qualify. Multiple POs may not be combined to qualify.
Vendor-authorized distributors/dealers understand these are ceiling prices and may choose to provide additional discounts based on unit quantity or total purchase volume.
Sourcewell Contract #031121-TTC | Amendment #1
4. Vendor-authorized distributors/dealers may provide third-part equipment that attach to, or are used in, the configuration with any of Toro’s products. These products will be priced no higher than the products List Price.
Freight and setup fees may apply.
Vendor-authorized distributors/dealers may include setup fees – not to exceed 2% of the total Product cost, plus up to an additional 6% for cab-unit setups. Setup fees must be identified as a separate line- item on the quotation.
For the contiguous United States, delivery fees may be included at the distributor/dealer discretion – not to exceed 2% of the total product cost. Delivery fees must be identified as a separate line-item on the quotation.
For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at distributor/dealer discretion – delivery fees not to exceed 2% of the total product cost; freight not to exceed actual pass-through costs. Freight and deliver fees must be identified as a separate line-item on the quotation.
5. Vendor will encourage and incent its authorized dealers to provide contract terms to Sourcewell members consistent with the terms of this Amendment; however, participation in the program described in the Amendment will be at the discretion of each Toro dealer.
Except as amended by this Amendment, the Contract remains in full force and effect.
Sourcewell The Toro Company
By: By:
Jeremy Schwartz, Chief Procurement Officer Brad Hamilton Date: Title:
Approved: Date:
By:
Chad Coauette, Executive Director/CEO
Date:
May 12, 2022
Sourcewell
Contract# 031121-TTC-TTC
Andy Campbell, Supplier Development Supervisor
202 12th Street NE
Staples, MN 56479
Dear Mr. Campbell,
Due to unprecedented increases in commodity costs and extreme volatility in component availability and pricing related to all aspects of manufacturing logistics, we find it necessary to modify and provide clarity to our responses related to the following questions:
Table 10: Payment Terms and Financing Options
Line Item 51
Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity will process the Sourcewell participating entities’ purchase orders.
Change response to:
Sourcewell participating entities will work directly with Toro’s authorized local distributors/dealers to identify product options, availability, and receive initial pricing quotation.
Toro will communicate to its distributors/dealers that the following statement is to be provided on all quotations: “Pricing may be subject to change between the original order date and the delivery date.” In addition, Toro suggests the same language to be included in the Sourcewell participating entity’s PO or order agreement.
Prior to delivery, the distributor/dealer may reach out to the participating entity with updated pricing. The updated pricing will not exceed the category discounts off of current MSRP reflected at the time of delivery. At this time, the participating entity may accept the updated pricing and continue with the order or cancel the order without penalty.
Sourcewell participating entities may contact Toro (or Sourcewell) at any time to verify a specific distributor/dealer and/or confirm pricing provided by the local distributor/dealer. Entities may also confirm authorized distributors/dealers online at www.toro.com/locator.
After the order is complete, the local Toro distributor/dealer will deliver the product(s) to the participating entity and provide an invoice requesting payment. All quoting, billing, setup, delivery and ongoing maintenance of the equipment will be handled by the local distributors/dealers.
Toro distributors/dealers supporting the Sourcewell contract will receive rebates from Toro for equipment sold under the Sourcewell contract. Toro distributors/dealers will be required to submit documentation to 8111 Lyndale Avenue South, Bloomington, Minnesota 55420-1196 www.thetorocompany.com
The Toro Company
ensure compliance with the contract in order to receive their rebates. This information will be shared with Sourcewell directly from Toro on a quarterly basis, or as requested by Sourcewell. Toro has an impeccable track record of providing this information accurately and on time since the beginning of our first contract. We understand the importance of transparency and accurate reporting for Sourcewell and for Sourcewell participating entities.
Table 11: Pricing and Delivery
Line Item 53
Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response.
Change response to:
Product-category discounts off of current MSRP as reflected at the time of delivery will apply as described in items 54-60.
Toro will communicate to its dealers and distributors that the following statement is provided on all quotations “Pricing may be subject to change between original order date and delivery”. In addition, Toro suggests the same language to be included in the Sourcewell participating entity’s PO or order agreement. The updated pricing will not exceed the category discounts off of the current MSRP as reflected at the time of delivery.
In Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of delivery (exchange rate based on the monthly average published rate at the time of delivery, according to the Bank of Canada – Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied.
Bank of Canada – Monthly Exchange Rate:
https://www.bankofcanada.ca/rates/exchange/monthly-exchange-rates/ Line Item 54
Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range.
No changes to previously amended response
Line Item 55
Describe any quantity or volume discounts or rebate programs that you offer.
No changes to previously amended response
Line Item 56
Propose a method of facilitating “sourced” products or related services, which may be referred to as “open market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a percentage,” or you may supply a quote for each such request.
No changes to previously amended response
Line Item 57
Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
Change response to:
Toro’s authorized distributors/dealers may include setup fees – not to exceed 5% of the total product cost, plus up to an additional 5% for cab-unit setups. Setup fees must be identified as a separate lineitem on the quotation.
In addition, due to unprecedented market conditions it may be necessary for Toro, or our local distributors/dealers to implement temporary surcharges to offset the volatility of material and/or transportation costs. Surcharge requests will be sent through a Price and Product Change Request Form to the assigned Sourcewell Contract Administrator for approval.
Line Item 58
If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Change response to:
For the contiguous United States, delivery fees may be included at the distributor/dealer discretion – not to exceed 5% of the total product cost.
Line Item 59
Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.
Change response to:
For Alaska, Hawaii, US Islands, and Canada, freight and delivery fees may be included at distributor/dealer discretion – delivery fees not to exceed 5% of the total product cost; freight not to exceed actual pass-through costs. Freight and deliver fees must be identified as a separate line-item on the quotation.
Line Item 60
Describe any unique distribution and/or delivery methods or options offered in your proposal.
No changes to original response
For any material changes requiring signature, please direct them to:
Brad Hamilton
Group President
[email protected]
952-887-8815
Thank you for your assistance.
Jon Stodola, CSE
Regional Business Manager – Government Contracts
[email protected]
612.597.3224
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
Agenda Number:
Joseph Hebert, Parks & Community Services Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Co-Locator Lease Agreement with Teaching Fellows
RECOMMENDATION:
Adopt a Resolution Approving a Two-Year Co-Locator Lease Agreement between the City of Madera and California Teaching Fellows Foundation for the Occupation and Use of Facilities at the John Wells Youth Center and Authorize the Mayor to Execute the Co-Locator Lease Agreement and amendment with MUSD to effectuate the same.
SUMMARY:
On August 16, 2023, the Council approved a two-year Co-Locator Lease Agreement between the City of Madera and Madera Unified School District (MUSD) forthe occupation and use of facilities at the John Wells Youth Center (JWYC).
MUSD wished to lease office space for several staff members, including the Expanded Learning Program Coordinator Expanded Learning Program Manager, the Director of Athletics and Community Affairs, and two Administrative Assistants. It is MUSD’s request that additional staff, from the California Teaching Fellows Foundation (Teaching Fellows) have regular accessto office space at the JWYC. Upon additional research, it is advisable that the City establish a direct agreement between the City and Teaching Fellows. Thisrecommendation isrooted in the existing agreement between the City and MUSD. The terms of the agreement explicitly delineate MUSD's constraints regarding subleasing any portion of the granted facilities under the current agreement. Consequently, to align with the stipulations outlined in the agreement with MUSD and to ensure clarity in contractual obligations, it is advised to pursue a separate agreement directly between the City and Teaching Fellows.
B-5
This approach aimsto maintain compliance with existing agreements while facilitating a mutually beneficial arrangement with Teaching Fellows. Authority is also being sought from Council to clarify the MUSD lease to allow for Teaching Facilities to be a co-locator with MUSD.
DISCUSSION:
MUSD approached the City earlier this year, requesting the possible leasing of office space at the JWYC. After considering current City staff utilization and MUSD needs, City staff identified the best course would be to lease the first-floor offices of the JWYC to MUSD. The first floor of the JWYC has four offices, a staff break room, a copy room, and a restroom. The second floor of the JWYC has seven offices, including the PCS Department Director office; sufficient to house City staff. City staff would continue to staff the first-floor reception area to welcome visitors. The monthly leasing fee to be paid by MUSD was set at $1,719.17.
After approval of the original agreement, MUSD made a subsequent request. MUSD has expressed an interest in accessing the leased space by staff from Teaching Fellows. This request is part of their ongoing collaboration within the After School Program (ASP), a partnership that has been established and maintained between MUSD and Teaching Fellows over the past years.
Teaching Fellows was founded at California State University Fresno in 1999 after faculty recognized a need to provide pre-service work experience to undergraduate college students pursuing a career in education. On-site experience, ongoing professional development, and personalized tutoring were the original Teaching Fellows formula, and those principles live on today. In 2006, Teaching Fellows became a 501(c)(3) non-profit corporation, and in the last 20 years, the program has evolved to include future teachers and community members who share the same principles of making an impact in the lives of youth. Teaching Fellows serves the six counties of Fresno, Kings, Madera, Merced, Sacramento, and Tulare.
Like previously mentioned, in Madera, Teaching Fellows primarily supports MUSD with the ASP.
MUSD has indicated it has four Teaching Fellows staff members whom they wish to have access to JWYC regularly, accessing the current leased office space by MUSD. Due to the regular access to the JWYC being requested for these Teaching Fellows staff members, who are not MUSD staff members, the City’s risk management staff assessed the situation as best addressed with a direct agreement between the City and Teaching Fellows to memorialize the agreement. In addition, the MUSD and City agreement explicitly states MUSD is not allowed to sublease all or any part of the leased space they have been granted.
MUSD has identified Teaching Fellows staff with regular access to the JWYC as one Senior Site Liaison and three Site Liaisons. Per MUSD, Teaching Fellows staff would typically work Tuesday and Thursday mornings out of the JWYC leased space that MUSD is responsible for. There is no additional lease space being proposed or requested. There are also no fees being requested from Teaching Fellows in addition to the fees MUSD is currently responsible for.
As part of the agreement between the City and Teaching Fellows, Teaching Fellowsis responsible for all necessary repairs to the leased space they share with MUSD. Finally, the current lease with MUSD will need to be clarified to recognize that Teaching Fellows will be a co-locator at the leased facilities.
FINANCIAL IMPACT:
Approval of the Co-Locator Lease Agreement between the City and Teaching Fellows holds no new financial implications. The previously agreed-upon rate of $1,719.17 per month with MUSD remains unchanged. This stability in financial terms ensures that the agreed-upon lease rate will persist without any additional impact on the City's finances.
ALTERNATIVES:
The Council may choose not to approve this agreement, which would consequently prevent Teaching Fellows' staff, in conjunction with MUSD from conducting business out of the JWYC.
This potential decision could impact the collaborative efforts and initiatives previously discussed.
ATTACHMENTS:
1. Resolution
a. Exhibit 1 – Co-Locator Lease Agreement between the City of Madera and Madera Unified School District for Occupation and Use of Facilities at the John W. Wells Youth Center
ATTACHMENT 1
Resolution – Approving Two-Year Lease Agreement Between City and California Teaching Fellows Foundation for the Use of the John Wells Youth Center RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING A TWO-YEAR LEASE AGREEMENT BETWEEN CITY
AND THE CALIFORNIA TEACHING FELLOWS FOUNDATION FOR THE USE OF
THE JOHN WELLS YOUTH CENTER
WHEREAS, the City of Madera (City) owns and operates the John W. Wells Youth Center (JWYC) located at 701 East 5th Street; and
WHEREAS, the JWYC is a 25,000 square foot recreation centerfeaturing a full gymnasium, game lounge, crafts center, library, dance room, music studio, and teen lounge; and WHEREAS, on August 16, 2023, Council approved a two-year Co-Locator Lease Agreement between the City and Madera Unified School District (MUSD) for access of portion of the JWYC; and
WHEREAS, MUSD requested lease access also be granted to staff members of the California Teaching Fellows Foundation (Teaching Fellows), as several staff would be conducting work regularly out of the JWYC; and
WHEREAS, MUSD has a partnership with Teaching Fellows, pertaining to the After School Program; and
WHEREAS, the City sees best fit to have a direct agreement with Teaching Fellows for their utilization of the JWYC leased space Teaching Fellows will occupy; and WHEREAS, Teaching Fellows would be leasing usage of a total of 944.16 square feet; and WHEREAS, there is no monthly lease agreement cost; and
WHEREAS, the Co-Locator Lease Agreement would be in place for two years; and WHEREAS, the Co-Locator Lease Agreement is in the best interest of the City, teaching Fellows, MUSD, and the residents of Madera.
WHEREAS, the City Council also desires to authorize amendment of the current lease with MUSD to clarify that Teaching Fellows will be a co-locator at the leased facilities.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:
1. The foregoing recitals are true and correct.
2. The City Council approves the Co-Locator Lease Agreement with California Teaching Fellows Foundation for the occupation and use of facilities at the John Wells Youth Center, attached hereto as Exhibit 1 and incorporated by reference. Said approval is contingent upon MUSD entering into an amendment of its current lease to expressly acknowledge and agree that Teaching Fellows will be a co-locator at the leased facilities. The Mayor is authorized to execute such an amendment with MUSD subject to approval as to legal form by the City Attorney.
3. This Resolution is effective immediately upon adoption. * * * * * * * *
CO-LOCATOR LEASE AGREEMENT BETWEEN THE CITY
OF MADERA AND MADERA UNIFIED SCHOOL DISTICT
FOR OCCUPATION AND USE OF FACILITIES AT THE JOHN
W. WELLS YOUTH CENTER
This Agreement is made this th day of , 2023, by and between the City of Madera, hereinafter referred to as "City," and California Teaching Fellows Foundation, hereinafter referred to as "Co-Locator".
RECITALS:
1. The City has constructed and owns the John W. Wells Youth Center (the “Center”) located at 701 E. 5th Street, Madera, CA.
2. The primary function of the Center is to provide space for recreational and educational programming that benefits young residents of Madera and their families.
3. Provisions were made in the planning, design, and construction of the Center for office, meeting, and workspace that could be made available to non-City agencies such as Co- Locator providing desired services to youth in the City.
4. Madera Unified School District (MUSD) has a current agreement with the City for the lease and use of portions of the site. MUSD has requested that Co-Locator also be allowed to use and lease the facilities also being leased by MUSD.
5. Said Co-Locator shall provide direct services, programming, advocacy, or other activities that benefit the youth of the City of Madera.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed by and between the City and Co-Locator as follows:
I. PURPOSE:
Co-Locator desires to occupy and use certain real and personal property (“Facilities”) located at 701 East 5th Street, Madera, California, which is owned by the City of Madera. The City wishes to formalize terms and conditions of use and occupancy through a lease agreement (the “Lease”). The City of Madera agrees to permit Co-Locator to use the specified facilities subject to the terms and conditions set forth herein.
II. TERM:
The term of this Lease (“Term”) shall be for a period commencing on August 23, 2023, and ending on August 23, 2025, for a total Term of (24) months.
III. FACILITIES:
The Facilities to be leased at the Center shall include:
a. 1 Admin Area, Suite 106, for a total of 158.97 square feet described more particularly in the Rental Conditions Sub-Agreement (Attachment A). b. 1 enclosed office, Suite 108, for a total of 245.19 square feet described more particularly in the Rental Conditions Sub-Agreement (Attachment A c. 1 enclosed office, Suite 109, for a total of 200 square feet described more particularly in the Rental Conditions Sub-Agreement (Attachment A). d. 1 enclosed office, Suite 115, for a total of 170 square feet described more particularly in the Rental Conditions Sub-Agreement (Attachment A). e. 1 enclosed office, Suite 116, for a total of 170 square feet described more particularly in the Rental Conditions Sub-Agreement (Attachment A).
In addition, the rental includes shared or conditional use of certain other facilities of the Center as specified in the Rental Conditions Sub-Agreement (Attachment B).
IV. PERMITTED USE:
Co-Locator shall use the Facilities solely and exclusively for activities related to the education, recreation, or well-being of the City’s youth and/or their families in accordance with the mission and purpose of the John W. Wells Youth Center. The City of Madera agrees to allow Co-Locator the use of the leased Facilities described herein (along with MUSD or any other approved Co-Locator), and reasonable use of the common areas as described in Attachment B.
Reasonable use shall be determined by the sole judgment of the City.
Any other use of the leased Facilities, common areas, or grounds of the Youth Center, including the Centennial Pool Complex and Centennial Park, must be pre-approved by the Director of Parks and Community Services, and shall be immediately terminated upon notice from the Director. Prohibited activities include, but are not limited to:
a. Any activity that in the judgment of the City threatens the health and welfare of the public; clients; neighbors; City employees, contractors and volunteers; and any other Youth Center co-locator or tenant.
b. Any activity that is in violation of Local, State, or Federal law, or City administrative policy.
c. Profit making or fundraising activities without prior approval and consent of the City. d. Political activities of any kind.
e. Activities that may damage any finish, surface, landscape, fixture, or equipment of the building or grounds.
f. Storing, manufacturing, or selling any inherently dangerous or illegal substances, chemicals, things, or devices.
g. Any activity or practice that discriminates on the basis of gender, sex, race, color, ethnicity, ancestry, national origin, age, marital status, pregnancy, religious creed, sexual orientation, medical condition, political affiliation/opinion, Veteran’s status, or disability.
V. ACCESS:
Co-Locator shall have access to their leased Facilities to perform general administrative responsibilities during the Center’s regular open hours (seasonably variable). As a condition of this Agreement, Co-Locator agrees to adhere to all requirements of the City’s Youth Center Opening and Closing Procedure (Attachment C).
It is understood by all parties that normal programming and operation of the Center shall have priority over Co-Locator’s use of the Facilities and/or common areas. The Co-Locator may be charged an hourly rate (including travel time) for Emergency call-out of City employees outside of normal operating hours.
VI. COMMON AREAS:
Co-Locator shall have reasonable access to those common areas of the Center described in Attachment B. Co-Locator agrees to cooperate with the City and other tenants to achieve efficient scheduling and equitable use of common areas.
VII. PUBLIC EVENTS AND GATHERINGS:
If Co-Locator proposes to host a public event/gathering at the Center, Co-Locator shall make such request in writing on a City reservation form at least 7 days prior to the event. CoLocator agrees to abide by all requirements of the Center Rental and Use Policy (Attachment D) for Public Events and Gatherings. Use of the Center for gatherings is on a first-come, first- served basis subject to the right of City to determine all use of the Center solely in the judgment of the City. Fees collected by the City for Center use may be waived with the approval of the Director of Parks and Community Services, if no City staff time or resources are involved in the event beyond administratively documenting the reservation and use of the facility itself. In such instances, Co-Locator will be solely responsible for building opening, building closing, and cleaning of the utilized space and restrooms, including restocking of restroom supplies and any other City-purchased supplies used during the event.
VIII. PARKING:
During the term of this Lease, Co-Locator shall have the non-exclusive use in common with City, other tenants of the building and their guests and invitees, of the non-reserved common automobile parking areas, driveways, and paths of travel, subject to rules and regulations for the use thereof as prescribed from time to time by City. Parking is extremely limited at the facility and Co-Locator shall not be provided reserved parking spaces. City reserves the right to designate parking areas adjacent to the Center or in reasonable proximity thereto, for Co-Locator and Co-Locator's agents and employees.
City reserves the sole right to designate specific parking spaces for vendors, visitors, clients, ADA accessibility and other uses as the City sees fit.
IX. BUILDING RULES:
Co-Locator will comply with the rules for use of the Center as adopted and amended by City from time to time and will cause all of its agents, employees, invitees, and visitors to do so.
Changes or amendments to such rules will be sent by City to Co-Locator in writing. The initial rules for use of the Center are attached hereto as Attachment E and incorporated herein for all purposes.
X. FEES:
Fixed Fees. There are no fixed fees associated with the execution of this lease agreement.
XI. QUIET POSSESSION:
City covenants and warrants that upon continued performance by Co-Locator of its obligations hereunder, City will keep and maintain Co-Locator in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the leased Facilities as contemplated herein during the term of this Lease. Notwithstanding, Co-Locator expressly understands that this provision does not apply to use by MUSD or other approved co-locator of the leased Facilities.
XII. CONDEMNATION:
If any legally, constituted authority condemns the Center or such part thereof which shall make the leased Facilities unsuitable for leasing, this Lease shall cease when the public authority takes possession, and City and Co-Locator shall account for lease payments as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority.
XIII. SUBORDINATION:
Co-Locator accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the leased Facilities, or upon the Center and to any renewals, refinancing and extensions thereof, but Co-Locator agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. City is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the leased Facilities of the Center, and Co-Locator agrees upon demand to execute such further instruments subordinating this Lease or attorning to the holder of any such liens as City may request. In the event that Co-Locator should fail to execute any instrument of subordination herein required to be executed by Co-Locator promptly as requested, Co-Locator hereby irrevocably authorizes City to act as its attorney-in-fact to execute such instrument in Co- Locator's name, place and stead, it being agreed that such power is one coupled with an interest. Co-Locator agrees that it will from time to time upon request by City execute and deliver to such persons as City shall request a statement in recordable form certifying that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that City is not in default hereunder (or if Co-Locator alleges a default stating the nature of such alleged default) and further stating such other matters as City shall reasonably require.
XIV. PROPERTY TAXES:
City shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the leased Facilities, and all personal property taxes with respect to City's personal property, if any, on the leased Facilities. Co- Locator shall be responsible for paying all personal property taxes with respect to Co-Locator's personal property at the leased Facilities.
XV. SUBLEASE AND ASSIGNMENT:
Co-Locator shall not sublease all or any part of the leased Facilities, or assign this Lease in whole or in part.
XVI. REPAIRS:
During the Lease term, Co-Locator shall make, at Co-Locator's expense, all necessary repairs to the leased Facilities. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the leased Facilities damaged or worn through other than normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. Prior to occupancy, City and Co-Locator will walk through the facility together and document the condition of the leased area using digital video.
XVII. ALTERATIONS AND IMPROVEMENTS:
Subject to City’s written consent in City’s sole discretion, Co-Locator may remodel, redecorate, and make additions, improvements and replacements of parts of the leased Facilities from time to time, provided the same are made in a workmanlike manner and utilizing good quality materials. Co-Locator shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased Facilities, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Co-Locator at the commencement of the Lease term or placed or installed on the leased Facilities by Co-Locator thereafter, shall remain Co-Locator's property free and clear of any claim by City. Co-Locator shall have the right and responsibility to remove the same at any time during the term of this Lease or upon termination provided that all damage to the leased Facilities caused by such removal shall be repaired by Co-Locator at Co- Locator's expense. Failure by Co-Locator to remove any such property, fixtures or installations from the Facilities upon termination of the Lease shall be deemed abandonment thereof, whereupon City shall have the right to remove such items at Co-Locator’s expense or take possession of such property.
XVIII. SIGNS:
No signage will be allowed to be attached to the building.
XIX. DISCRIMINATION:
Co-Locator will serve its target population in an environment that encourages diversity and shall not discriminate on the basis of gender, sex, race, color, ethnicity, ancestry, national origin, age, marital status, pregnancy, religious creed, sexual orientation, medical condition, political affiliation/opinion, Veteran’s status, or disability.
XX. CONFIDENTIALITY:
Co-Locator shall comply with all Federal, State, and County laws related to the confidentiality of information. Co-Locator shall not publish, disclose, use, or permit or cause to be published, disclosed, or used confidential information pertaining to an individual or recipient without their express written permission.
XXI. MAINTENANCE:
City shall provide ordinary maintenance, lighting, and janitorial services to the Center. City shall maintain improvements to the Center and the premises and repair any damage or destruction due to fire, the elements, acts of God, or other causes not the fault of Co-Locator or any persons in or about the premises with the expressed or implied consent of Co-Locator. The lease payment payable by Co-Locator pursuant to this Lease shall be abated to the extent such damage or destruction renders the Facilities uninhabitable by Co-Locator until the necessary repairs are made.
In the event that the cost of repairing or restoring any buildings or improvements so damaged or destroyed exceed fifty (50) percent of the replacement value of all buildings and improvements now located on the property, City may, at its option, either cancel this lease and return any unearned rent previously paid under this lease by Co-Locator or continue this lease and abate the rent as set forth in this section until such time as the necessary repairs to the Facilities and/or the Center have been made.
Co-Locator shall be responsible for the cleaning and maintenance of the Facilities and that portion of the property which is leased and/or used exclusively by Co-Locator beyond the basic janitorial service provided by City. Notwithstanding anything in this section to the contrary, CoLocator agrees that it shall also be solely responsible for cleaning all common areas after each event or other use of said areas by Co-Locator. It is the responsibility of Co-Locator to report any damage to relevant space or equipment. Damage shall be reported to City staff immediately to facilitate timely repair for others to use.
XXII. DAMAGES:
Co-Locator agrees to reimburse City for damage sustained to the Facilities other than ordinary wear and tear, to include building, furniture, equipment, or supplies, if such damage is caused by Co-Locator or the agents, officers, members, partners, clients, volunteers, event participants, and/or employees of Co-Locator. If the leased Facilities, or any part thereof or any appurtenance thereto, is so damaged by fire, casualty or structural defects that the same cannot be used for Co-Locator's purposes, then Co-Locator shall have the right within ninety (90) days following damage to elect by written notice to City to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Facilities not caused by the acts or omissions of Co-Locator or the agents, officers, members, partners, clients, volunteers, event participants, and/or employees of Co-Locator which does not render the Leased Premises unusable for Co-Locator's purposes, City shall promptly repair such damage at the cost of the City. In making the repairs called for in this paragraph, City shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of City. Co-Locator shall be relieved from paying lease payments and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy or use, in whole or in part, for Co- Locator's purposes. Lease payment(s) and other charges paid in advance for any such period shall be credited on the next ensuing payment, if any, but if no further payments are made, any such advance payment shall be refunded to Co-Locator.
XXIII. ENTRY BY CITY:
Co-Locator shall permit City and City’s agents to enter onto and upon the Facilities without notice in the case of an emergency as defined by the Parks and Community Services Director or his/her designee. Otherwise, City will provide Co-Locator with twenty-four (24) hours advanced notice prior to entry for the purposes of inspection, compliance with the terms of this lease, exercise of all rights under this lease, and for posting notices. Such entry shall not impair the operation of the Co-Locator’s business.
XXIV. INDEMNIFICATION:
Co-Locator shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Co-Locator’s performance of its obligations under this agreement or out of the operations conducted by Co-Locator, 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 Co-Locator’s performance of this agreement, the Co-Locator 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.
XXV. INSURANCE:
Co-Locator shall procure and maintain for the duration of the agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Co-Locator’s operation and use of the Facilities. The cost of insurance shall be borne by the Co-Locator. Should Co-Locator reserve common areas of the facility for its sole use pursuant to Section VII of this Agreement, City reserves the right to require specific event insurance separate and above the below requirements based on the nature of the event, anticipated number of participants, and planned activities.
a. Minimum Scope and Limits of Insurance. Co-Locator shall maintain limits no less than:
i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury, and sexual abuse and molestation coverage with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
ii. $2,000,000 Automobile Liability per accident for bodily injury or property damage at lease as broad as ISO Form CA 00 01 including coverage for any owned, hired, nonowned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
iii. Worker’s Compensation as required by the State of California. iv. $1,000,000 Employer’s Liability per accident for bodily injury or disease. b. Maintenance of Coverage
Co-Locator shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Co-Locator, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
c. Proof of Insurance
Co-Locator shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance.
Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
d. Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide. e. Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Co-Locator, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Co-Locator hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
f. Enforcement of Contract Provisions (non estoppel)
Co-Locator acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Co-Locator of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder. g. Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Co-Locator maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Co-Locator.
h. Notice of Cancellation
Co-Locator agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.
i. Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager. j. Timely Notice of Claims
Co-Locator shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Co-Locator’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. k. Additional Insurance
Co-Locator shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
XXVI. MISCELLANEOUS:
The undersigned hereby acknowledges that he/she has read and fully understands the terms.
The person signing for each party represents that he/she has the full authority to act for the entity on whose behalf this Agreement is signed.
XXVII. CONTINGENT UPON APPROVAL:
The parties recognize that the effectiveness of this Agreement is contingent upon approval by the City Council. This Agreement will be presented to the Madera City Council to be ratified at a lawfully called meeting.
XXVIII. OTHER DOCUMENTS:
All parties agree to cooperate fully in the execution of any additional documents that may be necessary to finalize this Agreement.
XXIX. EXECUTION BY FACSIMILE OR IN COUNTERPARTS:
A copy or an original, with all signatures appended together, shall be deemed a fully executed agreement. A facsimile version of any party’s signature shall be deemed an original signature.
XXX. NOTICES:
Any notice to be given to either party by the other party shall be in writing and shall be served either personally or by the U.S. Postal services to the following addresses:
To the City:
Parks & Community Services
City of Madera
To Co-Locator:
205 W. Fourth Street
Madera, CA 93637
California Teaching Fellows Foundation
575 E. Locust #302
Fresno, CA 93720
XXXI. SEVERABILITY:
If any provision of this Agreement is held to be void, or unenforceable, the remaining portions of the Agreement shall remain in full force and effect.
XXXII. TERMINATION:
City may, by written notice to Co-Locator, terminate this lease in whole or in part at any time, by notice in writing to Co-Locator or its officers or agents, whether for City’s convenience or because of the failure of Co-Locator to fulfill the obligations herein. Upon receipt of written notice, Co-Locator shall discontinue all programs at the Center, vacate the Facilities and the Center in no more than 30 days from the date of delivery of written notice, and remove all personal property of Co-Locator from the Center. Delivery of written notice may be effectuated by posting at the Facilities or by First Class Mail to the address of Co-Locator provided herein.
XXXIII. INTERPRETATION:
The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party.
XXXIV. WAIVER:
No waiver of any default of City or Co-Locator hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by City or CoLocator shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
XXXV. SUCCESSORS:
The provisions of this Lease shall extend to and be binding upon City and Co-Locator and their respective legal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement at Madera, California, the day and year first above written.
City OF MADERA Co-Locator
By: By:
Mayor, Santos Garcia
By:
ATTEST: Printed Name
By: Title:
Alicia Gonzalez
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
ATTACHMENT A
CO-LOCATOR SUB AGREEMENT
PROPERTY LOCATION
Co-Locator agrees that the property layout illustrated herein is for the use of the co-locator in accordance with all terms of the main agreement.
Furniture isincluded in agreement.
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ATTACHMENT B-1
CO-LOCATOR SUB AGREEMENT
USE OF COMMON AREAS 1ST FLOOR
Co-Locator agrees to abide by the terms of use for common areas as described herein and to adhere to City of Madera Parks and Community Services procedures for communication and scheduling.
Restricted use, City Staff only
Use permitted with pre-approval and
scheduling from Parks and Community
Service Staff
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0 ATTACHMENT C
JOHN W. WELLS YOUTH CENTER
OPENING/CLOSING PROCEDURES FOR CO-LOCATORS
Co-locators have no responsibility for opening procedures if they arrive at the building concurrent with, or after City staff during regular operating hours (M-F 8:00 am – 5:00 pm). Similarly co-locators have no responsibility for closing procedures if they leave the building concurrent with, or before City staff during regular operating hours.
At all other times the co-locator is responsible for the following at a minimum:
1. Enter only through the lobby front-entrance door adjacent to the main parking lot.
2. Deactivate the alarm immediately upon entering.
3. Make sure that the entrance door remains locked to prevent unauthorized entry.
4. Confine activities as much as possible to the first floor administration area.
5. Do not enter into the Recreation Room or beyond without prior approval from staff.
If the co-locator is the last one to leave the administration portion of the building, they are responsible for the following:
1. Ensure copy machines, and other equipment is turned off.
2. Make sure that all interior doors in the administration area are closed.
3. Make sure that all exterior doors are locked.
4. Aate the alarm immediately before exiting.
ATTACHMENT D
Center Rental and Use Policy
City of Madera
Parks & Community Services
701 E. 5th Street, Madera, CA 93638 P: (559) 661-5495 W: www.madera.gov Facility Use
Reservation Policy
01425.0001/941842.1 Page 2 of 10
SECTION
CITY OF MADERA
FACILITY USE & RESERVATION POLICY
TABLE OF CONTENTS
PAGES
FACILITIES
I. INTRODUCTION & FACILTIES .............................................................................................. 3 II. FACILITY USE AND RESERVATION POLICY 4 ......................................................... 8 A. ADMINISTRATNE RESPONSIBILITY ............................................................... 4 B. FACILITY AVAILABILITY/FEES 4 ................................................................. 6 B-1 Pan-American Community Center 4 ............................................................. 5 B-2 Frank Bergon Senior Center............................................................................. 5 B-3 Rotary Youth Hut ............................................................................................. 6 C. FACILITY RENTAL HOURS.................................................................................6 D. RESPONSIBILITIES OF THE RENTERS 6 ......................................................... 7 E. INSURANCE............................................................................................................. 7 F. SECURITY................................................................................................................7 G. ALCOHOL BEVERAGES .......................................................................................7 H. SMOKING ................................................................................................................. 7 I. ONGOING FACILITY USE 7 ............................................................................ 8 J. PARKING.................................................................................................................. 8 K. FAILURE TO COMPLY.......................................................................................... 8 L. PERMIT REVOCATION .........................................................................................8 M. APPEALS, SUSPENSION OF RULES................................................................... 8 III. TERMS AND CONDITIONS OF USE 9 ............................................................................... 10 A. RESERVATION PROCEDURES ........................................................................... 9 B. KITCHEN..................................................................................................................9 C. DECORATIONS....................................................................................................... 9 D. CUSTODIAL............................................................................................................. 9 E. FACILITY AIDE...................................................................................................... 9 F. USE OF EQUIPMENT............................................................................................10 G. AMPLIFIED SOUND............................................................................................ 10 N. GROUP CLASSIFICATION .................................................................................................... 10 A. NON-PROFIT ORGANIZATIONS ...................................................................... 10 B. GENERAL PUBLIC...............................................................................................10 01425.0001/941842.1 Page 3 of 10
CITY OF MADERA
Facilities Use and Reservation Policy
Reservation applications may be obtained from the Madera Parks & Community Services Department, 701 East 5th Street, Madera, Ca 93638
Phone: (559)661-5495 Website: www.madera.gov
I. INTRODUCTION & FACILITIES
The Madera Parks & Community Services Department has an ideal facility for your next gathering. The Pan-American Community Center and the Frank A. Bergon Senior Center accommodate larger groups and have been the sites of many wedding receptions, anniversary parties, birthday parties and other festive functions. The Rotary Youth Hut offers a more intimate setting for smaller gatherings and meetings.
Pan-American Community Center
703 E. Sherwood Way
Madera, Ca. 93638
(559)661-2095 -Pan American Community Center
(559)661-5495 -Reservations/ Information
Multipurpose Room - 350 Maximum Capacity
Warming Kitchen, Stage, Patio.
Senior Room - 90 Maximum Capacity
Warming Kitchen and Patio.
Frank A. Bergon Senior Center
238 S. "D" Street
Madera, Ca. 93638
(559)673-4293 -Frank Bergon Center
(559)661-5495-Reservations I
Information Maximum
Capacity- 100 Warming Kitchen
Rotary Youth Hut
113 S. "Q" Street
Madera, Ca. 93637
661-5495 -Reservations I Information
50 - Maximum Capacity
01425.0001/941842.1 Page 4 of 10
II. FACILITY USE AND RESERVATION POLICIES
A. Administrative Responsibility
The Madera Parks & Community Services Department approves and administers the rental of the Pan-American Community Center, Frank Bergon Senior Center, and the Rotary Youth Hut in accordance with the general policy set forth.
B. Facility Availability
Rental hours for City of Madera facilities are as follows:
B-1 Pan-American Community Center
703 E. Sherwood Way, Madera, CA 93638
(559)675-2095 - Pan-American Community Center
(559)661-5495 -Reservations/Information
Saturday & Sunday
Monday - Friday
10:30 a.m. -1:00 a.m. (early entry as early as 8:00 a.m.) By arrangement, if hours do not conflict with City of Madera operated programs.
Amenities: Gym, patio, kitchen (warming only), restrooms, electrical outlets, tables, chairs, and parking.
Gym: Seating 350 Maximum Capacity
General Public Hourly Rate All Day Rate
Facility use without kitchen $110 (3 hr. min.) $670
Kitchen $135
Alcohol Surcharge (non-refundable) $250
Cleaning/Security Deposit (non-alcohol) $200
Cleaning/Security Deposit (alcohol) $500
Administrative Fee (non-refundable) $ 25
Non-Profit Organization
Facility use without kitchen $93.50 (3 hr. min.) $569.50 Kitchen $134
Alcohol Surcharge (non-refundable) $250
Cleaning/Security Deposit (non-alcohol) $100
Cleaning/Security Deposit (alcohol) $250
Administrative Fee (non-refundable) $ 25
Multi-purpose Room: Seating 90 Maximum Capacity
General Public Hourly Rate All Day Rate
Facility use without kitchen $50 (3 hr. min.) $200
Kitchen $ 40
Alcohol Surcharge (non-refundable) $250
Cleaning/Security Deposit (non-alcohol) $150
01425.0001/941842.1 Page 5 of 10
Cleaning/Security Deposit (alcohol) $250
Administrative Fee (non-refundable) $ 25
Non-Profit Organization
Facility use without kitchen $42.50 (3 hr. min.) $170
Kitchen $ 40
Alcohol Surcharge (non-refundable) $250
Cleaning/Security Deposit (non-alcohol) $100
Cleaning/Security Deposit (alcohol) $250
Administrative Fee (non-refundable) $ 25
Requirements when alcohol is present at the Pan-American Community Center:
- 1 bonded security guard for every 50 people.
- Liability insurance in the amount of $1,000,000 (1 million) with the City of Madera, 701 E. 5th Street, Madera, CA 93638, as additionally insured. - Insurance must indicate host liquor.
- Following verbiage must be included on the Declaration/Endorsement page, “The City of Madera and its officers, officials, employees, and agents”.
B-2 Frank Bergon Senior Center
238 South D Street
Madera, CA 93638
(559)673-4293 - Frank Bergon Senior Center
(559)661-5495 -Reservations/Information
Saturday & Sunday 10:30 a.m. -1:00 a.m. (early entry as early as 8:00 a.m.) Monday – Friday By arrangement, if hours do not conflict with City of Madera operated programs.
Amenities: warming kitchen, tables, chairs, electrical outlets, restrooms, parking.
Multipurpose Room: Maximum Capacity Banquet 100, Assembly 220 General Public Hourly Rate All Day Rate
Facility use without kitchen $75 (3 hr. min.) $400
Kitchen $ 40
Cleaning/Security Deposit (non-alcohol) $100
Administrative Fee (non-refundable) $ 25
Non-Profit Organization Hourly Rate All Day Rate
Facility use without kitchen $63.75 (3 hr. min.) $340
Kitchen $ 40
Cleaning/Security Deposit (non-alcohol) $100
Administrative Fee (non-refundable) $ 25
01425.0001/941842.1 Page 6 of 10
B-3 Rotary Youth Hut - Maximum Capacity 50
113 South Q Street
Madera, CA 93637
(559)661-5495 -Reservations/Information
Monday - Sunday 10:30 a.m. - 1:00 a.m. (early entry as early as 8:00 a.m.) Amenities: electrical outlets, tables, chairs, restrooms, parking.
General Public Hourly Rate All Day Rate
Facility use $40 (3 hr. min.) $180
Cleaning/Security Deposit $ 50
Administrative Fee (non-refundable) $ 25
Non-Profit Organization Hourly Rate All Day Rate
Facility use $34 (3hr. min.) $ 153
Cleaning/Security Deposit $ 50
Administrative Fee (non-refundable) $ 25
Davs and hours are subject to change at any time.
C. Facility Rental Hours
• There is a 3-hour minimum any indoor facility.
• All hours reserved must be continuous.
• No reservations can be extended past 1:00a.m.
• Early entry to a facility requires an additional charge of $20.00 per hour with early entry no earlier than 8:00a.m.
• Renter or designee must be present during all hours of scheduled reservation. • Participants must adhere to hours on permit/contract. • Reservation hours must include set-up and clean-up time. • Clean-up of facility must be completed by ending time on reservation. (No exceptions) • Delivery of supplies and/or equipment will not be accepted at facilities prior to indicated set-up time.
• All individuals associated with the reservation must vacate the facility by the indicated ending time.
• The City of Madera reserves the right to deny any changes. • Facilities are not available for rental on the following holidays: New Year’s Day, Thanksgiving Day, and Christmas Day.
• The following days are on a case-by-case basis: Day after Thanksgiving, Christmas Eve, and New Year’s Eve.
D. Responsibilities of theRenters
• Renter is responsible for conduct of all participants, supervision of minors, damages, and all fees due.
• Participants must agree to obey fully and promptly any, and all lawful orders given by the Police Department, Fire Department and/or staff of the Parks & Community Services Department.
• If police assistance is required, the reservation could be shut down immediately, the deposit will be forfeited and additional fee my be applied. 01425.0001/941842.1 Page 7 of 10
E. Insurance
• Insurance is required for reservation serving alcohol. • Certificate of Insurance and an Endorsement in the amount of $1,000,000 (1 million) listing the City of Madera as additionally insured must be submitted to City of Madera 30 days prior to event.
• Following verbiage must be included on the Declaration/Endorsement page, “The City of Madera and its officers, officials, employees, and agents”.
F. Security
• Security may be required at any reservation, whether or not alcohol is served. • One security guard per 50 people is required when alcohol is present, or any reservation the City of Madera deems necessary.
• The cost of security will be paid by the renter.
• The security company must hold a City of Madera business license and be bonded by the State of California.
• Security guards must be at the reservation the entire time guests are present. • Security guards must be in uniform and are responsible for patrolling both the interior and exterior of premises and handle and issues that does not pertain to the facility.
• Facility Aide has the authority to require extra security for the reservation if they deem necessary.
• If required to have security present at the reservation, renter must provide proof of an agreement with licensed security firm no later than 30 days prior to event.
G. Alcohol Beverages
The Madera Police Department may check on reservations when alcohol is being served. • If there is alcohol being served, SERVICE OF ALCOHOL MUST END ONE (1) HOUR before the end of the reservation.
• All groups selling alcoholic beverages must conform to all State Alcoholic Beverage rules and regulations and must obtain all permits required by the State Department of Alcoholic Beverages Control and have prior approval form the City of Madera. • Copies of all State Department of Alcoholic Beverage Control permits must be submitted to the City of Madera.
H. Smoking is NOT allowed.
• Smoking is prohibited in all City owned facilities. (Ord. 586) 01425.0001/941842.1 Page 8 of 10
I. Ongoing Facility Use
• Requests for ongoing facility use will be considered on a case-by-case basis. • If ongoing use is approved, one (1) security deposit will be held on account with the City of Madera for renters with regularly scheduled reservations.
J. Parking
• Parking regulations must be followed at all times.
K. Failure to Comply
• Failure to comply with policies, terms and conditions will result in forfeiture of deposit, additional fees (if applicable), and placed on the “Do Not Rent” list.
L. Permit Revocation
• The City of Madera reserves the right to revoke the reservation at any time for any reason the City deems necessary, including: failure to observe any rules, regulations or ordinances of the City of Madera; fights, vandalism, or improper conduct; advertising an reservation before approval of application; exceeding building capacity; giving incomplete or incorrect information regarding the nature of reservation or number in attendance; or not being in possession of permit and/or licenses. • If reservation is canceled for such reasons, no refund of fees and/or deposit will be given. • The City of Madera reserves the right to revoke the reservation when facility is needed for emergency or City purposes, in which case all fees and deposit monies will be returned.
M. Appeals, Suspension of Rules:
• The use of facilities is administered by the Madera Parks & Community Services Department. The Department may, for good cause, suspend the rules contained herein and/or develop additional ruled governing use. In the interest of all parties, it is the intent of the City that appeals of administrative decisions be resolved at the lowest possible level. In the event of an appeal of an administrative decision regarding use or policy, the appeal shall be filed in writing, clearly stating the reasons for the appeal, and shall be processed by the following City staff in the order indicated until resolved:
1. Facilities Coordinator
2. Parks & Community Services Director
3. City Administrator
• No appeal will be valid until it has been submitted and considered in the above-listed order.
01425.0001/941842.1 Page 9 of 10
II. TERMS AND CONDITIONS OF USE
A. Reservation Procedures
Reservations can be made over the phone: (559) 661-5495, online: www.madera.gov/reserve, or in person at the City of Madera Parks & Community Services office, 701 E. 5th Street, Madera, CA 93638.
• Reservations may be made up to one (1) year in advance. • Prior approval must be obtained for reservations made less than 30 days from requested. All fees are due at time of reservation.
• Full payment is due at time of reservation.
• Approval of application and reservation will be considered only upon completion of application, payment of rental/deposit fees, certificate of insurance, proof of security (if required).
B. Kitchen
• Kitchen rentals are for warming and set-up only. No cooking allowed. • Renters are not allowed to utilize utensils/supplies that belong to the facility. • All supplies must be provided by the renter or caterer. • City of Madera is not responsible for loss or damage.
C. Decorations
• All set-up and take-down of decorations are the responsibility of the renter. NO staples, tacks, nails, or anything that will cause damages to the facility is allowed. • Helium balloons must be anchored and removed after reservation. • Use of lit candles are not allowed.
• Some decorations may require fireproofing.
• Smoke machines are not allowed.
D. Custodial
• Applicants must leave all areas of the facility in the same condition as it was found. • If extra cleaning by our Facility Aide is needed, funds will be taken from security deposit. • If extra cleaning exceeds security deposit, the renter will be billed the balance.
E. Facility Aide
• A City of Madera Facility Aide will be on site during reservations (except Rotary Youth Hut, Facility Aide will be on call). The Facility Aide is authorized to shut down reservation for failure to comply with the Facility Use and Reservation Policy. • For Rotary Youth Hut, if the assistance of the Facility Aide is needed, you will find in your permit/contract a cell phone number to call.
01425.0001/941842.1 10
F. Use ofEquipment
• City of Madera equipment is subject toavailability.
• Equipment available at no extra charge includes available tables and chairs. • No equipment will be loaned or removed from City of Madera facilities. • All equipment is to set up by renter. This includes set-up and takedown of tables and chairs.
G. Amplified Sound
• Use of amplified sound issubject to noise ordinance restrictions. (Ord.622) • Sound must be turned down at the request of the Facility Aide, failure to comply may result in the closing of thereservation.
III. Group Classification
A. Non-Profit Organizations
Local non-profit organizations are organizations, which have an IRS Code 501(c) determination letter; and Government agencies fall under this classification for the purpose of determining rates and fees.
B. General Public
Private reservations that are arranged by individuals, families, and businesses. Includes agencies and organizationsthat do not have Non-Profit status.
01425.0001/941842.1 11
ATTACHMENT E
Youth Center Building Rules
Sign in Sign out policy:
Participants are free to leave the program at any time, unless parents specify that their child/children are not to leave without being picked up by parent or an authorized person. Only an authorized person may pick up the child/children from the program. This authorized person must be on the emergency form. The child/children must sign in with Recreation Staff upon arrival and sign out when leaving for the day.
Clothing:
Appropriate clothing is required to participate in Recreation programming and must be always worn. If clothing is deemed as inappropriate, the participant will be asked to change or leave for the day. Dress code policies will be enforced.
Code of Conduct:
To ensure the quality and enjoyment of Recreation Programs, and to promote a safe and positive atmosphere in the programs, staff, participants, and persons involved with the programs (i.e., spectators, volunteers, seniors, etc.) shall abide by the following code of conduct in City Recreation Facilities:
1.All personsshall act with respect towards the safety and privacy of other people.
2.Physical or verbal abuse of any kind will not be tolerated.
3. Foul or abusive language is prohibited.
4.All personsshall treat public and private property and equipment with respect.
5.Program rules and regulations shall be always observed, including protocol in place to comply with local, State, and National guidelines to prevent the spread of the novel coronavirus.
Any City representative responsible for supervising, officiating or otherwise operating a Recreation program in a City facility shall have authority to enforce the terms of the Code of Conduct as authorized by a policy of the City of Madera. Failure of any person to abide by the Code of Conduct will result in disciplinary action, including, but not limited to:
1.Removal from the facility.
2.Restriction in program participation.
3. Suspension or expulsion from the program and or facility.
No refund of fees shall be given for any suspension or expulsion from a program for violating the Code of Conduct. The appropriate manager of the Parks and Community Services Department shall review any suspension or expulsion longer than 3 days. If the manger upholds the suspension or expulsion, an appeals procedure is available upon request from the Madera Parks and Community Services Department.
01425.0001/941842.1 12
Zero Tolerance Policy Against Weapons or Dangerous Objects:
No weapons/dangerous objects allowed on premises. Madera Police Department will be called to handle any possessed, sold, or otherwise furnished firearm, knife, explosive, or any other dangerous object.
Zero Tolerance Policy Against Drugs and Alcohol:
No drugs (including marijuana), cigarettes or alcohol is allowed in, on or near any City facility. Madera Police Department will be called to handle any possessed, sold or otherwise furnished substance.
In Case of Emergency:
I grant permission for the City of Madera staff to take whatever steps may be necessary to obtain emergency medical care if necessary. These steps may include, but are not limited to the following:
1.Attempt to contact parents or guardian.
2.Attempt to contact parentsthrough any persons listed on the emergency form.
3. If parents/guardians cannot be contacted the following procedure will be taken:
a.Call Police Department
b.Call Paramedics and/or Ambulance
c. Have a child taken to an emergency room in the company of Emergency Medical Staff.
Any medical expenses incurred under #3 will be paid by the child’s family.
I fully understand my obligations for the City of Madera - Parks and Community Services Recreation Program(s) and will go over the information above with my child/children and explain to them their responsibilities.
COVID-19 Safety Plan Acknowledgement
I hereby acknowledge receipt of the COVID-19 Safety Plan for the activity my child is being registered for. I have read and understand the Safety Plan and acknowledge that while all attempts will be made to prevent exposure and spread of the novel coronavirus, exposure may still occur. I also acknowledge the following:
1.I understand that I will not be permitted to enter the premises beyond the designated drop-off and pick-up area.
2.I understand that I must be timely in my drop-off and pick-up to do my part in maintaining the staggered program schedule.
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01425.0001/941842.1 13
3.I understand that my child will be screened for symptoms of febrile respiratory illness, including taking of my child’s temperature and assessment of symptoms including, but not limited to cough, shortness of breath, chills, loss of taste or smell, sore throat, and/or muscle aches.
4. I understand that my child will not be allowed entry should his/hertemperature register at 100 degrees Fahrenheit or higher.
5. I understand that if my child displays any of the above noted symptoms during the offered programs, he/she will be placed in an isolation room and must be picked up within 15 minutes of contact; as such, I understand that I must be always available by telephone while my child is participating.
6. I understand that my child must wear a cloth face covering while participating in this program; if my child arrives without a cloth face covering, a disposable face covering will be provided.
7. I acknowledge that my child has not traveled outside the United States in the past 14 days to countries affected by COVID-19.
8. I acknowledge that my child has not traveled domestically within the United States by commercial airline, train, bus, cruise ship, or other means of mass travel in the past 14 days.
Express Assumption of Risk Associated with Recreational Activities:
I hereby affirm and acknowledge that I fully understand the hazards and risks associated with recreational activities hosted and led by the City of Madera - Parks and Community Services Department. The inherent risks and hazards include but are not limited to:
1. Injuries sustained from all physical activities, such as running, jumping, hiking, biking, climbing, camping, fishing, cooking, and engaging in sporting events such as basketball, softball, football, volleyball and more.
2. Injuries sustained from objectsthat are either natural or man-made,such as play structures, benches, rocks, and trees, or from misjudging terrain that induces slipping, falling, colliding or otherwise.
3. Injuries and illnessessustained from all watersports such as: swimming, diving, water exercise, impacting the water, and/or water entering bodily orifices.
4. Injuries from hypothermia, heat stroke, dehydration, etc. from exposure to the elements, such as rain, cold, excessive heat, or the weather in general.
5.Physical and monetary injuries sustained due to participant’s personal negligence and/or the negligence of others, crowds, and altercations with other patrons.
6. Injuries or illnesses sustained from either plants or animals, such as poison ivy, poison oak, poison sumac, aggressive or biting pets, service animals, wildlife, or exposure to any plants or animals present within the park or facility in general.
7. Sickness or injury from transmissible infectious diseases including viruses such as SAR’s, COVID-19, etc.
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01425.0001/941842.1 14
I understand that the description of these risks is in no way complete and that all such dangers, both anticipated and unanticipated, can lead to illness, injury (bruises, contusions,scrapes, scratches, broken bones, etc.), permanent disability (both physical and mental), drowning and death.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Request by Mary Lou Munoz and Leonard Perez for connection to the City’s water system RECOMMENDATION:
Adopt a Resolution approving an Agreement for Outside City Limits Water Connection for 28551 Avenue 14 (APN 035-222-022)
SUMMARY:
The City has a policy wherein properties located outside the City Limits, but proximate to the City water and sewer systems, may, under certain conditions, apply for and receive City utility services. If approved, this Agreement will be documented and recorded on the property's title, ensuring that future transactions involving the property, such as its sale, will entail the Agreement being listed in the Title Report. This provision ensures that all stakeholders involved in property transactions are made aware of the Agreement's existence and terms.
DISCUSSION:
The property owners, Mary Lou Munoz and Leonard Perez, have an existing single-family residence on a 0.59-acre parcel located on the north side of Avenue 14, between Road 28 ½ and Road 29. The property owners have made a request to connect to the existing 12-inch City water main in Avenue 14 due to the failure of their well, which previously served their water needs.
They have emphasized the urgency of this matter as the lack of potable water leaves them with limited options, potentially requiring reliance on bottled water or incurring expenses for water delivery services.
Fortunately, the property fronts the 12-inch water line installed in 2018 as part of a Self-Help Enterprises water main extension project. This existing infrastructure provides a feasible solution to address the immediate water needs of the property owners.
B-6
Importantly, all expenses associated with the water service lateral installation and subsequent charges will be borne by the property owners, including:
Water Service Lateral: A one-inch water meter will be installed on the existing service lateral leading to the property. This metered installation will follow the standard procedure for all new City connections.
Development Impact Fees (DIF): A DIF of $845, designed for one house, will be collected prior to permitting the water connection. This fee aligns with the City's development policies and is a standard procedure for new connections. Encroachment Permit Fee: An encroachment permit fee of $202 will be levied on the customers. This fee covers administrative expenses related to the installation process. Volumetric Charges: Once connected, the customers will be subject to volumetric charges, akin to existing customers. These charges are consumption-based and will be reflective of their water usage.
The Local Agency Formation Commission (LAFCO) has approved the connection for the home on this parcel to City water service outside the current City limits. This Agreement will be recorded on the title and will outline specific terms and conditions pertinent to the provided services. The Agreement serves as a critical document delineating the terms of service for the subject property and includes the Owners' covenant not to protest annexation. This covenant signifies the property owners' agreement not to oppose or protest potential future annexation efforts by the City.
FINANCIAL IMPACT:
In consideration of the request for the outside city limits water connection, it is important to note that approving this request incurs no additional expense to the City, the Water Enterprise Fund, or the General Fund. All costs associated with the physical construction of the water lateral and meter will be solely borne by the property owners.
This arrangement ensures that the financial burden of the physical installation of the water lateral and meter, as well as the applicable DIF fees, falls entirely upon the property owners.
There is no direct impact on the City's financial resources or utility funds due to this approval.
ALTERNATIVES:
The denial of this Agreement could impact the residents of the specified property, leading them to face unforeseen challenges. Without the approved water connection, the residents may encounter difficulties in obtaining access to potable water. This could prompt them to seek alternative and potentially costly measures to meet their basic water needs. Such alternatives might include reliance on bottled water or the expense of arranging water delivery services.
ATTACHMENTS:
1. Location Map
2. Resolution
Exhibit A – Agreement
Attachment 1
Location Map
28551 AVENUE 14
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Attachment 2
Resolution
RESOLUTION NO. 23-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 28551 AVENUE 14 (APN 035-222-022)
WHEREAS, Mary Lou Munoz and Leonard Perez own the property located at 28551 Avenue 14 (“Property”) and desire to connect the Property to the City water system; and WHEREAS, the property is located in the unincorporated territory of the County of Madera; and
WHEREAS, the City Council is willing to authorize said connection to the City’s water system, subject to certain conditions; and
WHEREAS, all costs to connect to the City water system will be borne by the Property owner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:
1. The above recitals are true and correct.
2. The Council approves the Agreement for Outside City Limits Water Connection for 28551 Avenue 14 (APN 035-222-022) which is attached to this resolution as Exhibit A and incorporated by reference.
3. The City Engineer and City Clerk with concurrence of the City Attorney are authorized to make any clerical and non-material corrections to this resolution and the Agreement.
4. Staff is hereby directed to record the Agreement.
5. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Agreement
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF MADERA
205 W. 4TH STREET
MADERA, CA 93637
Presented for Recordation by the City of Madera
Fee Waived Per Sections 27383 & 27388.1(a)(2)(D) of the Government Code………No Fee Due Address: 28551 Avenue 14, Madera, California
APN: 035-222-022
AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION
FOR 28551 Avenue 14 (APN 035-222-022)
This AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 28551 Avenue 14 (“Agreement”), is made and entered into this 6th day of December, 2023, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “CITY”, and MARY LOU MUNOZ AND LEONARD PEREZ, hereinafter called “OWNER”.
RECITALS
A. OWNER is the record owner of that certain real property located at 28551 Avenue 14, in the County of Madera, California and more particularly described below.
B. The Property consists of 0.59 acres, more or less, located on the north side of Avenue 14, between Road 28 ½ and Road 29, known as 28551 Avenue 14, in the unincorporated territory of Madera County (the “Subject Property”).
C. OWNER desires a water connection to serve one single-family dwelling on the Subject Property.
D. CITY is willing to authorize said water connection subject to conditions as set forth in this Agreement.
AGREEMENT
In consideration of the recitals above, which are incorporated herein, and the mutual promises contained herein, the Parties agree as follows:
1. Authority to Connect to City Water. CITY hereby authorizes OWNER to connect to the 12-inch water main on Avenue 14 to serve one dwelling for domestic residential (no commercial or agricultural) uses only on the Subject Property located at 28551 Avenue 14, which property is more particularly described as follows:
PARCEL NO. I: All that portion of the South quarter of Lot 29 in section 20, Township 11 South, Range 18 East, M. D.B. & M., of Lankershim Colony, according to the map thereof recorded February 5, 1889 In vol. 4 of Maps, at page 31, Fresno County Records, shown as Parcel 4 of Parcel Map No. 215, recorded October 24, 1968 in Vol. 15 of Maps, at page 56, Madera County Records.
PARCEL NO. 2: An undivided one—fifth interest in a well site on the North 20 feet of the South 46 feet of the East 5 feet of all that portion of the South quarter of Lot 29, in Section 20, Township 11 South, Range 18 East, M. D. B. & M., of Lankershim Colony, according to the map thereof recorded February 5, 1889 in vol. 4 of Maps, at page 31, Fresno county Records, shown as Parcel 2 of Parcel Map No. 215, recorded October 24, 1968 in Vol. 15 of Maps, at page 56, Madera County Records, and an undivided one-fifth interest In a well site on the North 20 feet of the South 46 feet of the West 5 feet of that portion of said Lot 29 of Lankershim Colony shown as Parcel 3 of said Parcel Map No. 215.
PARCEL NO. 3: An easement for water pipelines over the North 10 feet of the South 26 feet and over the East 5 Feet of the South 16 feet of all that portion of the South quarter of Lot 29 in Section 20, Township 11 south, Range 18 East, M.D.B. & M., of Lankershim Colony, according to the map thereof recorded February 5, 1889 in Vol 4 of Maps, at page 31, Fresno County Records, shown as Parcel 2 of Parcel Map No. 215, recorded October 24, 1968 in Vol. 15 of Maps, at page 56, Madera County Records, and over the North 10 feet of the south 26 feet and over the West 5 feet of the South 16 feet of that portion said Lot 29 of Lankershim Colony shown as Parcel 3 of said Parcel Map No. 215.
APN: 035-222-022
2. Payment of Fees. Prior to any such water connection, APPLICANT shall pay to CITY water impact fees which total $845.00. Impact fees are based one single family residence on a single parcel. Any additional development on the Subject Property will be subject to additional CITY impact fees. OWNERS shall also pay to CITY connection, permit, inspection or other fees as required. On and after connection of OWNERS’ property to the CITY water system, OWNER shall pay to CITY the monthly water service charges as determined by the Director of Finance.
3. Municipal Service Application and Service Rates. In addition to this Agreement, OWNER agrees to complete a Municipal Service Application to apply for water and agree to pay the water rates applicable to City residents which will be billed in accordance with City billing of City residents. As a new water service connection, OWNER is required to install a water meter and a reduced pressure back flow prevention device at property line in accordance with CITY Standard Specifications and destroy any existing well onsite of disconnect from any community well in accordance with the Madera County and California Department of Health Standards.
4. Discontinuance of Utilities. The parties acknowledge that one result of the utility billing method of payment is to allow City to use the non-judicial remedy of discontinuing all utility services in the event of a default by OWNER in the performance of its duties and obligations pursuant to the Agreement.
5. No Assignment; Agreement Runs with the Land. The rights and obligations of the parties shall not be assigned or transferred to others without the prior written consent of the other party. This Agreement shall be binding upon and insure to the benefit of the parties’ successors or assigns. The burdens and benefits of this Agreement shall run with the land identified in Exhibit A attached hereto. This Agreement shall be executed in recordable form.
6. Notices. All notices to be given under this Agreement shall be in writing and either:
(a) Sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States Mail,
(b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with this courier, or (c) By telecopy or similar means, if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by telecopier or other similar means provided that a transmission report is generated by reflecting the accurate transmission of the notices, as follows:
TO OWNER: Mary Lou Munoz and Leonard Perez
28551 Avenue 14
Madera, CA 93637
TO CITY: CITY OF MADERA
Attn: City Manager
205 W. 4th Street
Madera, CA 93637
These addresses may be changed by written notice to the other party, provided that no notice of a change of address shall be effective until actual receipt by the parties of the notice.
Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.
7. Limitation on Use of City Water. OWNER agrees that the water provided by the CITY shall be used only for domestic water service to the Subject Property. Any future water connection for property development purposes is subject to CITY approval.
8. LAFCo Approval. The Subject Property is located outside the corporate limits of the City of Madera but within the City’s Sphere of Influence. Due to this, the CITY must obtain authorization from the Madera Local Agency Formation Commission (LAFCo) to extend and/or connect utility services to the subject property. LAFCo authorization requires the submittal of an application for review. The CITY has prepared and submitted the required application, and LAFCo has authorized the extension and/or connection of utility services to the Subject Property.
9. Annexation. In accordance with Government Code Section 56133 (b) and LAFCo’s approval of the application to extend and/or connect utility services to the Subject Property, OWNER agrees not to protest the future annexation of the subject property into the City of Madera, if such annexation is not subject to conditions, excluding the facts pertaining to the annexation itself or the extension of water or sanitary sewer service, which might materially prejudice those holding interest in the Subject Property.
10. Attorney’s Fees. If either party commences an action against the other to enforce this Agreement, or because of the breach by either party of this Agreement, the prevailing party in this action shall be entitled to recover attorney fees and costs incurred in connection with the prosecution or defense of this action, including any appeal of the action, in addition to all other relief. Prevailing party within the meaning of this Section shall include, without limitation, a party who successfully brings an action against the other party for sums allegedly due or performance of covenants allegedly breached, or that party who obtains substantially the relief sought in the action.
11. Entire Agreement. This Agreement contains the entire agreement between the parties as to the subject matter hereof. This Agreement shall not be construed to relieve OWNER from properly maintaining improvements on OWNERS’ property as required by any existing site plan or conditional use permit, to excuse compliance with any law or regulation of general application, or to address any developmental requirements that may be applied to any future development of OWNERS’ property. Without limitation of the foregoing, OWNER acknowledges that the Development Impact Fees paid as provided herein are for the existing residence only, and any additional residences or other uses or additional improvements will require the payment of additional Development Impact Fees as may be applicable to such additional residences, uses or improvements.
No promise, representation, warranty, or covenant not included in this Agreement has been or is relied on by either party. Each party has relied upon his own examination of this Agreement, the counsel of his own advisors, and the warranties, representations, and covenants in the Agreement itself. The failure or refusal of either party to read the Agreement or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
12. Time of the Essence. Time is of the essence for each condition, term, and provision in this Agreement.
13. Counterpart Signatures. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all taken together shall constitute one and the same instrument. The execution of this Agreement is deemed to have occurred, and this Agreement shall be enforceable and effective only on the complete execution of this Agreement by the parties.
14. Severance. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
15. No Waiver. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act.
16. Headings. Headings at the beginning of each section and subsection are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated to it by this reference.
17. Applicable Law. This Agreement shall be governed and construed in accordance with California law. This Agreement concerns real property located in Madera, California and each party agrees that a court of competent jurisdiction for the judicial district including Madera, California would be the most appropriate court for any litigation that might arise in connection with this Agreement.
18. Authority to Sign. Each party signing below certifies that he or she is authorized to execute this Agreement and thereby obligate the party on whose behalf such signature is made. The authority of each signer was, if necessary, granted by appropriate corporate action.
19. Amendments to Agreement. This Agreement may be modified or amended only by a writing duly authorized and executed by both parties. It may not be amended or modified by oral agreements or understanding between the parties. This Agreement and any modification or amendment thereto shall only be effective if authorized by the City Council of the City of Madera.
20. Limitation on Use of City Water. OWNER agrees that the water provided by the CITY shall be used only for domestic use and residential landscape irrigation use. No use of CITY water for agricultural irrigation or other use atypical of residential use shall be allowed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year hereinabove first written.
CITY OF MADERA OWNERS
By: ___________________________ By: ___________________________ Keith B. Helmuth, City Engineer Mary Lou Munoz
By: ___________________________ By: ___________________________ Santos Garcia, Mayor Leonard Perez
ATTACH NOTARY ACKNOWLEDGEMENT
ATTEST:
By: ____________________________
Alicia Gonzales, City Clerk
APPROVED AS TO LEGAL FORM:
By: ____________________________
Shannon L. Chaffin, City Attorney
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number: ___________ Department Head, Public Works
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Acceptance of Apron & Taxiway Drainage Project at the Madera Municipal Airport RECOMMENDATION:
Staff recommends that the City Council approve Minute Order approving:
1. Acceptance of AIP 0031 Apron & Taxiway Drainage project.
2. The Recording of Notice of Completion.
3. The Release of Retention 35 days after recording the Notice of Completion.
SUMMARY:
A Grant Agreement under the Federal Aviation Administration Airport Improvement Program was executed and the subsequent engineering and construction has been completed to upgrade the airfield drainage at the Madera Municipal Airport. The construction was completed by Agee Construction Corporation on June 30, 2023.
DISCUSSION:
In years past, the major drainage from the airport, including runways, taxiways, aprons, and Thangar areas, carried storm water into a ditch and pipe drainage system in the infield between runway 12-30 and taxiway P. This drainage system then channeled water beneath the runway and directed it into a swale within the golf course, leading to a detention pond at the southwest corner of the golf course.
The soil in the detention pond exhibited high permeability, allowing rapid percolation of drain water from both the airport and the golf course. While the pond had sufficient capacity to accommodate drainage from both areas, the swale in the golf course had limited capacity. As a result, it was unable to handle the increased stormwater generated by the current development, causing flooding on the golf course. Moreover, the system was unable to accept future development of the airport even though the detention pond has adequate capacity for all the anticipated drain water. In the past, storm water carried into the golf course created serious B-7
flooding of the golf course and additional development on the airport would have only increased the flooding in the golf course.
To address this issue, the recently completed apron and taxiway drainage improvement project successfully rerouted the airport's discharge system. The new system now directs drainage into a separate ditch and pipe system situated on the southeast side of the existing orchard, adjacent to the abandoned taxiway leading from the apron to the threshold of Runway 8. Importantly, this new system bypasses the swale in the golf course and instead channels water directly into the existing detention pond, effectively mitigating the previous flooding concerns on the golf course.
The relocation of the drainage system has not only resolved the flooding issues but has also ensured that the airport's future development will not exacerbate flooding problems on the golf course.
FINANCIAL IMPACT:
The total construction cost was $1,008,337.56. The Federal Aviation Administration Airport Improvement Program paid 90 percent of the total cost, the Caltrans Division of Aeronautics paid
4.5 percent, and the remaining 5.5 percent was paid by the City from the Airport Fund. To date the contractor has been paid $949,845.68. The remaining $50,416.88 is being held as 5 percent retention until 35 days after City Council final acceptance.
ALTERNATIVES:
As an alternative, the Council may elect to reject the Notice of Completion with due cause.
Rejection of the notice would result in the staff's inability to release retention funds until addressing Council concerns.
ATTACHMENTS:
1. Notice of Completion
Recording Requested by:
City of Madera
And When Recorded, Mail to:
City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
Space above this line for Recorder’s Use
Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Madera.
3. The full address of the undersigned is 205 W. 4
th Street, Madera, CA 93637.
4. The nature of the title of the undersigned is: In fee (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)
5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:
Name Address
6. A work of improvement on the property hereinafter described was completed on June 30, 2023.
7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.) Agee Construction Corporation
8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):
Name Address
N/A
9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:
Madera Municipal Airport
10. The street address of said property is 4020 Aviation Drive, Madera, California, 93637 (If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
Dated Ismael Hernandez
Director of Public Works
State of California
County of Madera
Ismael Hernandez, being duly sworn says: He is the Director of Public Works of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
Ismael Hernandez
Director of Public Works
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the day of , 2023 by Ismael Hernandez, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Reimbursement to DMP Development, Inc, a California Corporation for Improvements Associated with Carmel III Subdivision
RECOMMENDATION:
Adopt a Resolution approving a budget amendment increase of $25,379.89 for the purpose of reimbursing DMP Development for improvements completed in connection to the Agreement for the Construction of Improvements for Carmel Homes III Subdivision (Agreement) SUMMARY:
The Subdivider, DMP Development, Inc, a California Corporation (Subdivider), completed improvements constructed in accordance with the approved Agreement and were accepted by City Council (Council) on February 4, 2009. Reimbursement of certain improvements occurred in early 2009. Other reimbursements were delayed due to lack of funds. As the Southwest quadrant of the City has begun to see development, the funds that are to be utilized to make reimbursement for the remaining outstanding improvements have begun to accumulate. The amount currently available within the Southwest Storm Drain account is not currently budgeted for the entire amount available. It is recommended that the City Council (Council) approve a budge amendment increase to allow for further reimbursement.
DISCUSSION:
With Acceptance, the City was able to begin the Reimbursement Process for the accepted improvements. Reimbursements are made as the funds become available. With the recent construction of new single-family homes within the Southwest quadrant of the City, the funds available for reimbursement have accumulated.
Council Meeting of: December 6, 2023
Agenda Number: B-8
For this Fiscal Year, an insufficient amount was budgeted for Developer Reimbursement from the Southwest Storm Drain Impact Fee account. Due to the accumulation of funds, this account was not currently budgeted for the actual amount of available funds. In an effort to provide a reimbursement to the Developer of the full funds available, an amendment would be needed to allow for the additional funds to be reimbursed.
FINANCIAL IMPACT:
The proposed action will not have an impact on the City’s General Fund as the reimbursement is made through the Development Impact Fee Program.
ALTERNATIVES:
Should the City not approve the Budget Amendment, the Subdivider would be reimbursed less than the full amount available to be reimbursed.
ATTACHMENTS:
1. Resolution
Exhibit A: Improvement Agreement
Exhibit B: Budget Amendment Sheet
Attachment 1
Resolution
RESOLUTION NO. 23-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING A BUDGET AMENDMENT TO ALLOW FOR
REIMBURSEMENT OF SUBDIVISON IMPROVEMENTS ASSOCIATED WITH
THE CARMEL III SUBDIVISION
WHEREAS, acceptance of improvements for the Carmel III Subdivision constructed by DMP Development were approved by the City Council on February 4, 2009; and WHEREAS, the Carmel III Subdivision is subject to an Agreement for the Construction of Improvements for Carmel Homes III Subdivision (Agreement) as seen in Exhibit A that provides for reimbursement of certain improvements including a storm drain pipe and basin outlet structure; and
WHEREAS, with the construction of a new single-family homes within the Southwest quadrant, Development Impact Fees that can be used to provide reimbursement have recently begun to accumulate; and
WHEREAS, the Southwest Storm Drain Impact Fee account from which funds will be used to reimburse is not currently budgeted for the full amount required to provide a full reimbursement to the developer, DMP Development, Inc, a California Corporation; and WHEREAS, the Budget Amendment would allow for Reimbursement as outlined in the Agreement
WHEREAS, there are insufficient funds programmed in the FY 2023/24 budget for the funds currently available in the Southwest Storm Drain Impact Fee account; and WHEREAS, funds are available in the Southwest Storm Drain Impact Fee account No.4107-30-000-0000-00-00-1005.
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 2023/2024 Budget is hereby amended in accordance with Exhibit B, Budget Amendment Breakdown which is attached and 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 A
Agreement for the Construction of Improvements for Carmel Homes III Subdivision
RECORDING REQUESTED BY:
City of Madera
AFTER RECORDING RETURN TO:
City Clerk
City of Madera
205 W. 4th Street
Madera, CA 93637
Recorded in Official Records, '~ra County
REBECCA MARTl~EZ
Madera County Recorder
CIT Madera City
Doc#: 2005062172
11111111111
Fee Waived Per Section 27383 of the Government Code
Titles: 1
Fees
Taxes
Other
PAID
AGREEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS
FOR CARMEL HOMES Ill SUBDIVISION
THIS AGREEMENT made and entered into this .....16.... day of November , 2005, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called "City", and Roy and Nancy Mariani and DMP Development Corporation, Inc., a California Corporation, hereinafter collectively called "Subdivider".
W I T N E S S E T H:
WHEREAS, Subdivider, Roy and Nancy Mariani and DMP Development Corporation, Inc., a California Corporation, is engaged in subdividing that certain tract of land known as CARMEL HOMES Ill SUBDIVISION, recorded December 22, 2005, in Book 55, pages 53 - 54, Madera County records, situated in the City of Madera, County of Madera, State of California; and WHEREAS, a final map for said 'CARMEL HOMES Ill SUBDIVISION', has been filed with the City Clerk of the City of Madera for presentation to the Council of said City for its approval, which map is hereby referred to and by said reference incorporated herein; and
12/28/2005
10:52 AM
MR
Pages: 19
0.00 0.00
0.00 $0.00
WHEREAS, Subdivider has requested approval of said final map, prior to the construction and completion of the improvements including all streets, public ways and public utility facilities which are a part of or appurtenant to the abovementioned subdivision, all in accordance with and as required by the plans and specifications for all or any part of said improvements in, appurtenant to or outside the limits of said subdivision, which plans and specifications are now on file in the office of the City Engineer of said City; and
WHEREAS, City Council approval of said final map and acceptance of the dedications therein offered are subject to and on the condition precedent that Subdivider first enter into and execute this agreement with the City, and provide the City with such bonds, improvement securities, monies and all other things as required herein and/or as required by the City.
NOW, THEREFORE, in order to insure satisfactory performance by Subdivider of Subdivider's obligations under Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City and for the preparation and presentation of subdivision maps thereof, and in consideration of the approval of the above mentioned final map, and in consideration of the acceptance by the City of the offers of dedication therein made, the parties hereto do hereby agree as follows:
1. Subdivider shall, at Subdivider's own cost and expense, construct all of the improvements, mentioned, all in accordance with and to the extent and as provided in those certain plans entitled, "CARMEL HOMES Ill SUBDIVISION, IMPROVEMENT PLANS", as approved by the Council of the City of Madera and ...:::::::,.
on file in the office of the City Engineer, to which plans and specifications reference is hereby made and the same are hereby incorporated herein the same as if fully set forth herein verbatim, and in compliance with the provisions of Chapter 2 of Title 10 of the Madera Municipal Code relating to regulations and standards for the subdivision of lands in the City of Madera and for the preparation and presentation of subdivision maps therefor and complete the same within three hundred seventy (370) calendar days from the date of execution hereof. Said work shall include but shall not necessarily be limited to, all of the following:
asphalt concrete paving, aggregate base, concrete curb and gutters, sidewalks, sewer and water mains, water and sewer services, storm drainage facilities, street lights, fire hydrants, landscape district improvements, implementation of any and all best management practices (BMP's) as outlined in the City's Storm Water Quality Management Program on file in the office of the City Engineer, implementation of any and all BMP's to prevent the infiltration of storm water into the City's sanitary sewer collection system, and all other work, improvements or construction required by or mentioned in the above mentioned plans and specifications and all appurtenances reasonably necessary to complete the aforementioned improvements both inside and outside of the above mentioned subdivision. Except for streets not having direct residential access, installation of sidewalks may be deferred and constructed with residential development subsequent to the acceptance of the subdivision improvements.
Any work required under this agreement and not mentioned in the above mentioned specifications shall be constructed in accordance with Standard Specifications of the City insofar as they apply.
2. Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, furnish to City and file with the City Clerk, in form to be approved by the City Attorney, improvement security in the form of a good and sufficient surety bond securing the faithful performance by Subdivider of all of the terms of this agreement, all work and the construction of all improvements herein in this agreement mentioned, and assumption of obligations as required by the Subdivision Map Act within the time herein specified, and IN ADDITION a good and sufficient improvement security in the manner as aforesaid securing payment by Subdivider of all bills for labor and materials incurred in the construction of all said improvements and the doing of all other work herein agreed to be done by Subdivider, the amount of said improvement securities to be not less than Nine Hundred Ninety Six Thousand Seven Hundred Eighty Two Dollars ($996,782.00) securing faithful performance and Four hundred Ninety Eight Thousand Three Hundred Ninety One Dollars ($498,391.00) securing payment for labor and materials. Upon application for acceptance of the subdivision improvements by the City Council, Subdivider shall provide security in the form of cash, surety bond or other security authorized under the Subdivision Map Act, in an amount of not less than Ninety Nine Thousand Six Hundred Seventy Eight Dollars ($99,678.00), said amount representing ten percent (10%) of the total cost of improvements as warranty security to ensure the faithful performance of the terms and conditions of Paragraph 11 hereof. Filing of such warranty security is a condition precedent to acceptance by City of the subdivision improvements.
3. Subdivider shall protect, defend, indemnify and hold harmless City and all officials and employees thereof from any and all liability or claims, including reasonable attorney's fees, because of or arising out of any accident, occurrence, loss, damage or happening occurring upon or arising out of the construction of said work or improvements. Subdivider agrees that the use of any and all streets and improvements hereinabove specified, shall be at all times, prior to the final acceptance of said subdivision by the City, the sole and exclusive risk of the Subdivider and the issuance of any occupancy permits by City for dwellings located within the said subdivision shall not be construed in any manner to be an acceptance or approval of any improvements in said subdivision by the City of Madera.
4. Subdivider shall, before the release of said final map by City and as a condition precedent of the recordation thereof, obtain and maintain in full force and effect during the term of this agreement at Subdivider's own expense and risk, a general comprehensive liability insurance policy and shall furnish evidence of such insurance by delivery of a copy or copies of the policies or the filing of a certificate of such insurance with the City Clerk in the form attached hereto, marked Exhibit "A". Such insurance shall name the City of Madera, its Council, boards, commissions, officers, councilmembers, volunteers and employees as additional insureds and shall indemnify the City and said persons against liability for loss or damage for injury, including death, and property damage occasioned by the operation of Subdivider or its contractors or subcontractors under the terms of this agreement, and shall be in the minimum limits of $1,000,000 for injury or death, and property damage limits of not less than $250,000. THE POLICIES
MENTIONED HEREIN SHALL CONTAIN A PROVISION THAT A WRITTEN
NOTICE OF INSURER'S CANCELLATION OR MATERIAL CHANGE IN THE TERMS OF SAID POLICY SHALL BE DELIVERED TO THE CITY THIRTY (30)
DAYS IN ADVANCE OF THE EFFECT OF SUCH CHANGE OR
CANCELLATION. Such insurance shall also specifically insure any contractual liability assumed by Subdivider under the terms of this agreement.
The Subdivider shall provide an additional bond, cash, or other security, as approved by the City, in an amount equal to all deductible amounts or self insured retention named in the above required general comprehensive liability insurance policy.
5. Time is of the essence in this agreement; provided, however, that in the event good cause is shown therefor to City by Subdivider, City may extend the time in which the aforementioned improvements may be made and completed under this agreement; provided, however, that said extensions of time, if any, may be granted without notice to the surety and any extensions so granted shall not relieve the surety bond or improvement security given to secure Subdivider's performance under this agreement. City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension of time hereunder.
..:::::::...
6. All pipes and monuments shown on the final subdivision map hereinafter referred to which are destroyed or displaced during construction operations shall be replaced by Subdivider at the time of the final inspection of the improvements hereunder by City.
7. It is agreed that title and ownership of any public improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City.
8. The release of bonds and securities called for herein, shall not be released until: (1) the work provided for in this agreement and more specifically described in the plans and specifications herein referred to, is approved and accepted by the City Engineer; and (2), work not in conformance with said plans and specifications is removed from the project site to the satisfaction of the City Engineer. Reference is made hereby to (a) that certain subdivision map entitled, "CARMEL HOMES Ill SUBDIVISION", (b) improvement construction plans and those certain specifications on file in the office of the City Engineer entitled, "City of Madera Standard Plans and Specifications dated April 2005, 50 foot residential streets per Resolution No. 91-60, and (c) Madera Irrigation District Standards", for a more particular description of the work and improvements generally outlined in this agreement. Said subdivision map, plans and specifications referred to in this paragraph are hereby incorporated herein and made a part of this agreement by reference thereto.
9. It is mutually understood and agreed that neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents or ....:=..
employees of the City of Madera in connection with the performance of Subdivider's obligations under this agreement.
10. Unless already paid, Subdivider shall concurrently with the execution hereof pay to City the cost for all engineering, inspection and other services furnished by City in connection with this subdivision in accordance with the fee schedule established by City Council Resolution No. 01-119, dated May 16, 2001, or as amended.
11. Subdivider agrees that if, within a period one (I) year after final acceptance of the work done under this agreement, any structure or part of any structure furnished and/or installed or constructed or caused to be constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.
The terms of this paragraph shall not apply to any damage caused by act of God.
Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, the City may, at its option, require Subdivider's surety to make such repairs or City may make the necessary repairs or replacement or perform the necessary work and Subdivider and/or Subdivider's surety shall pay to City the actual cost of such repairs plus fifteen (15) percent.
12. In addition to the improvement security hereinabove referred to, Subdivider shall concurrently with the execution hereof deposit with the City not less than Three Thousand Dollars and no cents ($3,000) cash, which may be used at the discretion of the City to correct deficiencies and conditions caused by Subdivider or Subdivider's contractors during or after construction of the subdivision. Any unexpended amount thereof will be returned to Subdivider when all other bonds or improvement securities are released.
13. In consideration of public improvements constructed through plans prepared by R. W. Greenwood Associates, Inc., for Carmel Homes Phase 111, the City agrees to reimburse the subdivider reasonable costs for construction of the following street improvements, or, to apply appropriate credits towards impact fee obligations:
Stadium Road
a. Difference in cost between an 8 inch and 12 inch water main from Sta 7 +62 to Sta 22+ 73;
b. Difference in cost between an 8 inch and 15 inch sanitary sewer from Sta 7+80 to Sta23+06;
c. Full costs of a 24 inch storm drain from Sta 11+19 to Sta 16+19; d. Full costs of a 36 inch storm drain from Sta 2+54 to Sta 11 +19; e. Full costs of a 42 inch storm drain from Sta 2+54 to Sta 3+09; f. Full costs for one (1) 24 foot collector street lane from Sta 10+00 to Sta 23+00;
Pecan Avenue
a. Difference in cost between an 8 inch and 12 inch water main from Sta 1+18 to Sta 7+64;
b. Full costs for two (2) 12-foot arterial lanes from Sta 7 +59 to Sta 10+81 (curb line);
c. Full costs for one 16-foot median island from Sta 7+59 to Sta 10+81 (curb line);
Avenue 12 ½
a. Full cost of 48 inch storm drain from Sta 1+12 to Sta 10+14; b. Full cost of 48 inch storm drain from Sta 1 0+ 14 (Ave 12 ½) to Atamian Basin;
c. Full cost of one outlet structure in Atamian Basin;
City agrees to reimburse SUBDIVIDER the City's proportionate share of the cost of improvements as determined by the City Engineer in his sole discretion and whose decision shall be final and as set forth below. At the discretion of the City Engineer any reimbursements shall be in the form of credits toward storm drainage, water main, sanitary sewer main and street impact fees or from the collection of storm drainage, water main, sanitary sewer main and street impact fees or connection fees as applicable from other developments using said facilities as said fees are collected or a combination thereof. City shall not reimburse any expenses beyond the actual and reasonable cost of installing the improvements.
All reimbursements are subject to the conditions precedent that the SUBDIVIDER shall have submitted a financial statement within ninety (90) days of the City's acceptance of the improvements, showing evidence of the actual cost of the improvements described in this agreement. Evidence shall be provided in the form of receipted bills, canceled checks and/or construction contracts. Failure to timely submit evidence shall void the reimbursement agreement as to any items not timely submitted or not supported by such evidence. Any cost to be reimbursed for administration or overhead shall not exceed the usual and customary cost for such expenses in the industry, and in no event shall they exceed 15 percent. Such cost shall be determined in the sole discretion of the City Engineer.
14. City does not guarantee reimbursement, where reimbursements are made from impact fees or connection fees as those fees are collected. The City shall have no responsibility for the delivery of the funds collected hereunder to SUBDIVIDER and only agrees to hold said funds collected and to make payment as directed by SUBDIVIDER upon contact by City. City will contact Subdivider within ninety (90) days of collection of funds at the address as specified in this agreement or as may thereafter be provided in writing to the City Clerk of the City.
City shall have no obligation to locate or determine the true address of Subdivider other than the addresses provided under this agreement. City shall hold any funds collected hereunder for a period of one (1) year. If no contact has been made at the address provided under this agreement, City shall hold such funds collected hereunder for a period of one (1) year. Undistributed funds shall then be paid into the appropriate Impact or Connection Fee fund and all responsibilities and liabilities of CITY shall terminate. City cannot and does not pledge itself in advance that such charges will be collected or that they are valid or that there will be proceeds for reimbursement, but only that pursuant to this agreement City will, as a condition precedent to the issuance of permits for the development of such properties, levy such charges. Subdivider acknowledges that impact fees may be used to reimburse other developers based on a first in time payment process and additionally, may be pledged for the payment or repayment of other improvements to be constructed by or for City in advance of reimbursement to Subdivider. In no event shall reimbursement exceed the Subdivider's cost of construction as adjusted by the Engineering News Record Construction Cost Index (CCI) as determined by the City Engineer based upon duly verified records submitted to the city within 90 days from the completion of such facilities and approved by the City Engineer. For the purpose of determining the adjustment in the CCI, the time begins upon the start of work on the improvements after execution of the Agreement.
For purposes of reimbursement pursuant to paragraphs 13 and 14 of this agreement, Subdivider shall mean DMP Development Corporation.
15. This agreement shall not be assignable by Subdivider without the express written consent of City. Subject to the limitations on assignment, this agreement shall inure to the interest of the parties hereto.
16. Prior to release and recordation of the final map, Subdivider shall, at Subdivider's sole cost and expense, submit to City all engineering reports, assessment data, and updated maps necessary to cause CARMEL HOMES Ill SUBDIVISION, plus such other property as designated by the City Engineer, to be annexed into Zone of Benefit 39 of the City Wide Landscape and Lighting Assessment District. The annexation of the property into Zone of Benefit 39 shall be considered for recording concurrently with the Council's consideration and approval of the final map.
17. In the event litigation is instituted to enforce this agreement or its terms, the prevailing party shall be entitled to recover reasonable attorney's fees as determined by the Court.
WITNESS the execution of this covenant consisting of 16 pages including Exhibit A the day and year first above written.
CITY OF MADERA:
By:.~c _,d:4(
Gordon E. Skeels, Mayor
APPROVED AS TO FORM:
,JXl!L .
APPROVED:
By: ~ en.t<Ji~A..., Ray nd G. Salazar, J
City Engineer
SUBDIVIDER/OWNERS:
By /i?r~~
Roy Ma ni ~
...... ic .... e~=:: __ z:_ d=::e::nI.t d_-f-..L~==--=to:::zr !sl ~Jr DMP Development Corporation, Inc.
NOTARY ACKNOWLEDGEMENT
REQUIRED
State of CHu FQ en I A
County of (YlRDeJ2,1D\
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or the entity upon behalf
of which the person(s) acted, executed the
instrument.
Witness my hand and official seal.
(SEAL)
!SIGNATURE OF NOTARY)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Trtle or Type of Document _ _______________ _
Number of Pages ___ Date of Document _ _________ _
Signer(sl Other Than Named Above _____ ____ _ ___ _
WOLCOTTS FORM 63240 Rev. 3-94 (price class 8·2AI ©, 994 WOLCOTTS FORMS, INC.
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(SEAL)
(SIGNATURE OF NOTARY)
ATTENTION NOTARY
The rmation requested below and in the column to the right is OPTIONAL.
Recording is document is not required by law and is also optional.
It could, how eve , vent fraudulent attachment of this certificate to any unauthorized document_
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Number of Pages __ _
WOLCOTTS FORM 63240 Rev . 3·94 !price class 8-2Al ©, 994 WOLCOTTS FORMS, INC .
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRIN TS RIGHT THUMBPRINT (Optional)
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SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
UllUY 1:IITHL
City of Madera
205 West Fourth Street
Madera, CA 9363 7
(559) 661-5405
STATE OF CAUFORNIA)
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COUNTY OF MADERA )
On the 22nd day of November, 2005, before me, Sonia Alvarez, City Clerk of the City of Madera, personally appeared Gordon E. Skeels and Raymond G. Salazar personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document: Agreement for the Construction of Improvements for Carmel Homes III Subdivision
Document Date: November 16, 2005 Number of Pages: 16
Signer(s) Other Than Named Above: Roy Mariani, Nancy Mariani, Michael A. Pistoresi, Joseph A. Soldani, Sonia Alvarez
CAPACITY(IES) CLAIMED BY SIGNER(S)
Signer's Name: Raymond G. Salazar
Title: City Engineer
Signer's Name: Gordon E. Skeels
Title: Mayor
GENERAL LIABILllY ENDORSEMa'T
City of Made:i;a. its counc .pe City")
boards,'·lcommissions, officers,
councilmembers, volunteers & employees
ATTN: ---- -------- Re: Carmel Homes Ill, Madera, CA
A. POLICY INFORMATION Endorsement# ------ 1. InsuranceCompany Interstate Fire & Cas~t¥y:FJ&Wt~ny AGLJ 400344
2. Policy Tenn (From) 7 I 1/05 (To) 7 I 1 / 0 6 • Endorsement Effective Date 7 / 1/05
3. Nameq Insured Berry & ,Berry, Inc. ; D. P. Berry; Berry Construction; 4 A
Dd&Vl.d ~, Berry; dDMP Developme:p.t Corp, Inc.
• ldressofl-tamedlnsure 413 w,, Yosemite, Suite 106, Madera CA 93637
5. Limit of Liability Any Orie Occurrence/Aggregate$ 1,000,000 I 2,000,000 General Liability Aggregate (check one):
Applies "per location/project" __ X __
Is twice the occurrence limit ---- 6. Deductible or self-insured Retention (Nil unless othe1Wise specified: $ 5 o , o a a
7. Coverage is equivalentto:
Comprehensive General Liability fonn GL0002 (Ed 1/73)
Commercial General Liability "occurrence" form CG0O0 l
Commercial General Liability "claims-made" form CG0002
X
8. Bodily Injury and Property Damage Coverage is:
"claims-made" ----- x "occurrence"
If claims-made, the retroactive date is ---- Note: The City's standard insurance requirements specify "occurrence" coverage. "Claims-made" coverage requires special approval. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the gen·eral aggregate must be twice the occurrence limit.
B. POLICY AMEDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
l.
2. INSURED. The City, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities perfonned by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured.
CONTIµBUTION NOT REQUIRED. As1 respects: (a) work perfonned by the Named Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or . appointed officers, officials, employees or volunteers shall be in excess of this-insurance and shall not contribute with it. •
EXHIBIT A
, ..
3. SCOPE OF COVERAGE. nid po lie~;: if primary, affords coverage at least as broad as:, (1) Insurance Services Office from number GL 0002 (E. In3). Comprehensive General liability Insurance and Insurance Services Office fonn nu~ber GL 0404 Broad Fann comprehensive General Liability endorsement; or
(2) Insurance Services Office Commercial General Liability Coverage, "occurrence" foon CG 0001 or "claims-made" form CG 0002; or
(J.) If excess, affords coverage, which is at least as broad as the primary insurance forms referenced in the precedin~ sections ( 1) and (2).
4. SEVERABILITY OF INTEREST. The insurance afforded: by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought except with respects to the Company's limit of liability. •
5. PROVISIONS REGARDING THE INSURED'S DUTiES AFTER ACCIDENT OR LOSS.
Any failure to comply with reporting provisions of die policy sha!! r.ot affect coverage provided to the City its elected or appointed officers, officials, employees or volunteers.
6. CANCELLATIQN NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested ha~ been given to the City. Such notice shall be addressed as shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to· be reported to the insurer at:
D.
ATfN: Dee Morrison
• (fitle) •• (Department)
Aon Risk Services
(Company) •
5260 N. Palm, Suite 400
(Street Address) Fresno
(City)
{559) 449-7248
(Telephone Number)
CA 93704
(State) (Zip Code)
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I
[, __ J_o_h_n_c_._n_a_Y ___ _,,,!,-_ (print/type name), warrant that I have authority to bind the below listed insurance company and bY,i ignature o so bind this company. .. .. . .. ,· S[GNATURE . • NT ATIVE OF THE INSURER ( original
signature required on endorsement furnished to the City) ORGANIZATION: Aon Risk Services --=-=-=--"'-=~ -=-~------ TITLE: --...:C....;.E_;;O _______ _ ADDRESS: 5260 ·N. Palm :ff:400, Fresno CA 93704fELEPHONE:(55~ 449-7267 Exhibit B
City of Madera
Budget Amendment
Org Code Object
Code
Description
Appropriation as part
of Construction
Approval
+ -
41070000 1005 Pooled Cash 120,000
41070000 6800 Due To Developers 120,000
41070000 1005 Pooled Cash 25,379.89
41070000 6800 Due to Developers 25,379.89
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Outdoor Equity Grant Program Application Authorizing Resolution RECOMMENDATION:
Adopt a Resolution Approving the Submittal of the Outdoor Equity Grants Program due December 14, 2023 in the amount of $279,600
SUMMARY:
Earlier this year, California State Parks announced the commencement of the second application period for the Outdoor Equity Grants Program, offering a substantial $50 million in grant funding.
This initiative aims to support nature-based outdoor programs that cater specifically to underserved communities within our region.
The primary goal of this funding is to establish local hubs for outdoor activities and facilitate trips to natural areas, ensuring enhanced access to these spaces for communities that have historically faced barriers to such opportunities. Moreover, the program's focus includes empowering youth and families by providing outdoor leadership education, fostering career pathways, promoting environmental justice engagement, and facilitating access to nature.
It is important to note that the application deadline for this competitive statewide program is Thursday, December 14, 2023.
To participate in this program, an authorized resolution is required, which necessitates approval by the City Council. This resolution serves as an integral part of the application process and demonstrates our commitment to fostering outdoor access and environmental engagement for underserved members of our community.
D-1
DISCUSSION:
In 2019, the OEP was enacted when Governor Gavin Newsom signed Assembly Bill 209, which is now part of the Administration’s Outdoors for All Initiative. The concept for the grant program began with Proposition 68, which proposed to utilize bond funds for community access projects that included transportation, physical activity programming, resource interpretation, natural science, workforce development and career pathways, and education. Subsequently, the public expressed a desire to expand access to parks and outdoor programs for underserved communities and urban populations. These discussions became a catalyst for AB 209 and the development of the OEP. Throughout the state, from heavily urbanized to rural areas, Californians emphasized a desire for multi-generational programs that bring families together, activate local parks, and take residents with transportation challenges to natural areas outside their communities.
For the first grant cycle of the program, California State Parks evaluated 384 grant applications totaling $167.78 million in requests. A total of $57 million in grant funding was made available through general funds approved by the California Legislature and Governor Gavin Newsom in the 2020/21 and 2021/22 state budgets and awarded on May 27, 2022.
Earlier this year, California State Parks announced a second application cycle, with over $50 million available to fund nature-based outdoor programs. The application deadline for this second application cycle is December 14, 2023.
The OEP funds transportation, program operations, staffing, supplies and equipment, and other costs that have traditionally presented barriers for historically underserved urban and rural communities throughout California. Eligible applicants include non-profit organizations with 501(c)3 status and all local, state, and federal agencies. The goals of the OEP include improving the health and wellness of Californians through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world. OEP’s intent is to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks, and other public lands.
Other points to know about the OEP second cycle funding opportunity include:
Maximum grant application request not to exceed $700,000. Minimum grant application request no less than $20,000. There is no match requirement.
Funding is set to span over three fiscal years.
A natural area trip is a location outside of a five-mile radius of the identified community home base.
The application highlights the opportunity for internships through service learning, career pathways, and leadership opportunities.
City staff are planning the submittal of an application under this second cycle funding opportunity with OEP. The project application plans to address OEP goals of improving health and wellness, providing access to nature-based outdoor activities and educational opportunities, while targeting underserved youth and intergenerational community members. The City’s application will seek to address a variety of nature-based educational activities and trips aimed at fostering community engagement and environmental education for underserved populations within our region. The following initiatives outline staff’s proposed use of funds:
1. Fishing-Related Educational Activities and Nature-Based Trips:
Educational workshops focusing on proper gear, fishing safety, conservation practices, and fishing clinics.
Organized trips to various fishing venues to provide hands-on experience and reinforce the knowledge gained in workshops.
2. Walking Educational Activities and Nature-Based Trips:
Workshops covering walking and hiking tips, wilderness skill-building, safety protocols, and preparation.
Introduction of a local walking group utilizing citywide trail systems and park trails, promoting walking as a family-oriented physical activity.
3. Camping Educational Activities and Nature-Based Trips:
Educational sessions on camping essentials, safety, gear, fire safety, and campsite etiquette.
Planned trips to camping venues, offering participants a firsthand camping experience.
4. Bird Watching Expeditions:
Engaging youth ages 12-18 in the introduction of bird watching, bird identification skills, bird behavior, habitat and ecology, and the importance of conservation. This initiative will aim to provide educational courses on bird watching, fostering a deeper appreciation of our local natural and biodiverse accessibility to the Fresno River, via the Vernon McCullough River Trail.
These programs align with the mission of the Outdoor Equity Grants Program by enhancing access to nature and promoting environmental stewardship among underserved communities.
FINANCIAL IMPACT:
The submission of the Outdoor Equity Grants Program application does not currently impose any financial implications on the City's budget. In the event of a successful grant award, City staff will expeditiously seek Council approval for the appropriation of funds. These allocated funds will be designated to cover reimbursable activities that align with the objectives and guidelines outlined within the grant.
Upon the grant's successful award, a formal agreement will be established between California State Parks and the City. This agreement will comprehensively delineate the specific terms of the grant award, including the outlined performance period for the utilization of grant funds.
ALTERNATIVES:
The Council may elect to not adopt the resolution. Opting not to authorize the resolution would result in the City forfeiting the opportunity to submit a complete application for the Outdoor Equity Grants Program. This choice would lead to the non-participation of our community in securing potential funding for nature-based educational activities and trips.
It is worth noting that the Council holds the prerogative to request supplementary details or clarifications to ensure a comprehensive understanding of the proposed grant application.
Should Council deem it necessary, Council may direct staff to provide any specific information, data, or insights that would assist in the decision-making process.
ATTACHMENTS:
1. Resolution – Authorizing Resolution for the Outdoor Equity Grants Program Submission Due December 14, 2023
ATTACHMENT 1
Authorizing Resolution for the Outdoor Equity Grants Program Submission Due December 14, 2023
RESOLUTION NO. 23-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE APPLICATION FOR OUTDOOR EQUITY
GRANTS PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
APPROVES THE FILING OF AN APPLICATION FOR THE OUTDOOR EQUITY GRANTS PROGRAM; AND
1. Certifies that said Applicant has or will have available, prior to commencement of any work on the program(s) included in this application, the sufficient funds to complete the program(s); and
2. Certifies that if the grant is awarded, the Applicant has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criteria response, and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and adopted the 6th day of December, 2023.
I, the undersigned, hereby certify that the foregoing Resolution Number ___ was duly adopted by the City Council following a roll call vote:
Ayes: ____________________
Noes: ____________________
Absent: ______________ (Clerk)
* * * * * * * *
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number:
Will Tackett, Community Development Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Master Agreement Between the Madera County Transportation Commission and the City of Madera for the Regional Early Action Planning (REAP) 1.0 Grants Program RECOMMENDATION:
Adopt a Resolution of the City Council (Council) of the City of Madera approving a Master Agreement between the Madera County Transportation Commission (MCTC) and the City of Madera (City) for the REAP 1.0 Grants Program (Agreement); authorizing application for, and receipt of, REAP Program funds in the amount of $125,399; and, granting the City Manager authorization to make non-material revisions or refinements, and signature authority, to execute the Agreement to secure REAP Program funds.
SUMMARY:
The 2019-20 California State Budget Act allocated $250 million for all regions, cities, and counties in the State for prioritizing planning activities that accelerate housing production to meet identified needs of every community. With this allocation, the California Department of Housing and Community Development (HCD) established the Regional Early Action Planning Grant Program (REAP) with $125 million to regions. REAP provides one-time grant funding to regional governments and regional entities for planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of the Regional Housing Needs Allocation (RHNA).
A total of $18,975,323 in REAP grant funds are available to the eight San Joaquin Valley Regional Transportation Planning Agencies (SJV RTPAs). The SJV RTPAs received two disbursements totaling $10.2 million. The Madera County Transportation Commission (MCTC) is anticipated to receive a total of $492,009 for REAP activities (subject to change) and is authorized to use the grant funds to assist local agencies, including suballocation, to promote projects which otherwise qualify for REAP funds.
D-2
The City of Madera as a local government of Madera County and as a lead applicant, may partner through a legally binding agreement with MCTC where the proposal will have a direct effect on land-use or development within the City of Madera. Applicants must provide a copy of the signed agreement between partners in order to be awarded funds.
Adoption of the proposed Resolution approves execution of the Agreement between the MCTC and the City of Madera for the REAP 1.0 Grants Program; authorizes application for, and receipt of, REAP Program funds in the amount of $125,399.
Adoption of the proposed Resolution would also grant the City Manager authorization to make non-material revisions or refinements, and signature authority, to execute the Agreement to secure REAP Program funds. Non-material revisions or refinements would be considered those which do not significantly impact the City’s expectations under the Agreement with respect to the project’s stated purpose, initiative and goals.
DISCUSSION:
Phase I
To date, MCTC has received a total of $297,885.65 in REAP funds for Phase I. MCTC will retain $55,176.27 for activities involving program administration, RHNA development support, and any other functions, as necessary.
MCTC will retain a consultant on behalf of its member agencies to assist with eligible activities for housing planning purposes. The total budget for this portion will be in the amount of $242,709.38.
Phase II
The Madera Region is anticipated to receive a total of $319,123.35 in REAP funding for Phase II, which is subject to change based on actual funding availability. MCTC will retain 5% in the amount of $15,957.35 for program administration. The remaining $303,166 in the second phase of available MCTC Housing Planning Grants Program Funding will be suballocated for eligible projects on a pro-rata basis to local agencies as follows:
• County of Madera $154,045
• City of Madera $125,399
• City of Chowchilla $23,722
Eligible activities must demonstrate a nexus to increasing housing and accelerating production.
Eligible activities may be part of a larger planning effort (e.g., a comprehensive zoning code update) if proposed activities have not been completed prior to the project start date, are distinct, and demonstrate a nexus to accelerating housing production. Eligible activities are not necessarily jurisdiction-wide and may include a smaller geography with a significant impact on housing production. For example, eligible activities may include a housing development-related project with a significant community level impact or planning or process improvement for a project with an ongoing community impact beyond the project.
Eligible activities may include a variety of planning purposes, such as planning documents and processes, including, but not limited to, the following as set forth in Health and Safety Code Section 50515.03(c):
1. Rezoning and encouraging development by updating planning documents and zoning ordinances, such as General Plans, community plans, specific plans implementation of sustainable communities’ strategies, and local coastal programs.
2. Completing environmental clearance to eliminate the need for project specific review.
3. Establishing housing incentive zones or other area-based housing incentives beyond State Density Bonus Law such as a workforce housing opportunity zone pursuant to Article
10.10 (commencing with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code, or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code.
4. Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents.
5. Planning documents to promote development of publicly owned land, such as partnering with other local entities to identify and prepare excess or surplus property for residential development.
6. Revamping local planning processes to speed up housing production.
7. Developing or improving an accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code.
8. Planning documents for a smaller geography (less than jurisdiction-wide) with a significant impact on housing production, including an overlay district, project level specific plan, or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas.
9. Rezoning to meet requirements pursuant to Gov. Code Section 65583(c)(1), and other rezoning efforts to comply with Housing Element requirements, including Gov. Code Section 65583.2(c) (AB 1397, Statutes of 2018).
10. Up-zoning or other implementation measures to intensify land use patterns in strategic locations, such as close proximity to transit, jobs or other amenities.
11. Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Committee/Housing Community Development Opportunity Area Maps).
12. Establishing pre-approved architectural and site plans.
13. Preparing and adopting Housing Elements of the General Plan that include an implementation component to facilitate compliance with the sixth cycle RHNA.
14. Adopting planning documents to coordinate with suballocations under (REAP) pursuant to Health and Safety Code Section 50515.02(f) that accommodate the development of housing and infrastructure and accelerate housing production in a way that aligns with state planning priorities, housing, transportation equity and climate goals, including hazard mitigation or climate adaptation.
15. Zoning for by-right supportive housing, pursuant to Gov. Code Section 65651 (Chapter 753, Statutes of 2018).
16. Zoning incentives for housing for persons with special needs, including persons with developmental disabilities.
17. Planning documents related to carrying out a local or regional housing trust fund.
18. Environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary (e.g., less than 15 percent of the total grant amount) and part of a proposed activity with a nexus to accelerating housing production.
19. Other planning documents or process improvements that demonstrate an increase in housing related planning activities and facilitate accelerating housing production.
20. Establishing Pro-housing Policies pursuant to Gov. Code Section 65589.9(f)(2).
City staff acknowledge the State of California continues to remain within a declared Housing Crisis and recognizes the plethora of recent State housing legislation and bills with the intended purpose of incentivizing and streamlining Housing Development Projects. Some legislation sets forth mandatory compliance regulations, regardless of local adoption of ordinances or programs (but for which procedures and checklists should be developed), while some legislation mandates development of local programs or implementing ordinances (with which the City must comply).
Additionally, certain legislation also empowers local jurisdictions with discretionary authority to adopt more liberal allowances than statutory minimums to further incentivize and streamline certain dwelling types.
City staff also acknowledge input received from local housing advocates and members of the public during public forums that local policies and historical practices have not been conducive to housing demand and needs; and rather, may have had the inverse effect of negatively impacting housing development investment interest in the City of Madera.
These are matters which staff suggest demand prompt attention through a re-evaluation of local regulations, policies and practices. It is also staff’s suggestions that streamlining of housing production may be best addressed through consideration and adoption of objective development standards for housing development projects. Recent State legislation severely limits local authority respective to Housing Development Projects. The adoption of local objective development standards will provide certainty to the City’s customers, the housing development industry, and contribute to the facilitation of streamlined ministerial review processes as an incentive to housing production.
Staff’s proposed use of funds would entail retaining contracted consultant services to work in collaboration with City staff to: (1) Provide an overall review and assessment of local ordinances and regulations (with consideration to recent State housing legislation); (2) Assist with identifying critical challenges and potential constraints to housing production (with specific focus and emphasis on those which may stem from local processes reliant upon ordinance regulations or existing policies and practices); (3) Assist in identification and prioritization of specific tasks which may be feasibly accomplished to facilitate local housing production and processes that will best, and most immediately, address near-term housing needs, goals and objectives; and, (4) Subsequently prepare respective documentation outlining near- or long-term program strategies, draft ordinance amendments, department policies, and educational, informational, or procedural guidance documents for implementation.
Additionally, it is staff’s desire to consider impact fee incentive programs for infill housing development projects (as well as the potential for establishment of a local housing trust fund), density bonus and/or affordable housing concessions & incentives, as well as the potential for adoption of standardized, pre-approved Accessory Dwelling Units plans which may be made available at minimal or no-charge to interested property owners. These efforts will also involve evaluation and consideration of neighboring and/or comparable city practices.
Anticipated Outcomes:
HCD has set the deadline for expenditure of the $125,399 in funding, which has been identified for suballocation to the City of Madera by MCTC, for June 30, 2024. This means the City of Madera will have a finite amount of funding within a limited timeline to conduct these efforts. It is likely that not all desired goals or objectives may be able to be addressed. However, the funding identified for suballocation and timeline available will afford the City of Madera feasible and viable opportunity to conduct required analyses, set forth priorities for initiatives which will have the most positive and immediately realizable impact toward accelerating and incentivizing housing production, and prepare and develop respective amendments to ordinances and/or policies and programs for near-term implementation. Goals which may not be able to be addressed within the limits of the funding and timeline available at this time can nevertheless be considered and studied within a broader and more comprehensive strategy of objectives (including potential to facilitate compliance in implementing the Sixth Cycle of the Regional Housing Needs Allocation [RHNA]).
FISCAL IMPACT:
Adoption of the proposed Resolution providing authorization to apply for, and receive, the REAP
1.0 Program funds and will not have a direct financial impact on the General Fund. These funds will be utilized to supplement staff resources and the 2023/2024 operational budget to retain professional services, fund eligible activities and achieve the anticipated outcomes.
ALTERNATIVES:
Potential Council alternatives include:
Deny approval of the Resolution.
Direct staff to find or include alternative strategies (from the list of eligible activities) to support the State’s goal to facilitate acceleration of housing production.
ATTACHMENTS:
1. Resolution approving a Master Agreement between the Madera County Transportation Commission and the City of Madera for the Regional early action planning (reap) 1.0 Grants Program and authorizing application for, and receipt of REAP Program Funds; including:
• Master Agreement between the Madera County Transportation Commission and the City of Madera for the Regional Early Action Planning (REAP) 1.0 Grants Program; including,
o Exhibit A: Project Description/Application
ATTACHMENT 1
Resolution approving a Master Agreement between the
Madera County Transportation Commission and the City of Madera for the Regional early action planning (reap) 1.0 Grants Program and authorizing application for, and receipt of REAP Program Funds
Including:
Master Agreement between the Madera County Transportation Commission and the City of Madera for the Regional Early Action Planning (REAP) 1.0 Grants Program; including,
• Exhibit A: Project Description/Application
01425.0005/926536.1
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING A
MASTER AGREEMENT BETWEEN THE MADERA COUNTY TRANSPORTATION
COMMISSION AND THE CITY OF MADERA FOR THE REGIONAL EARLY ACTION PLANNING (REAP) 1.0 GRANTS PROGRAM AND AUTHORIZING APPLICATION
FOR, AND RECEIPT OF REAP PROGRAM FUNDS
WHEREAS, the California Department of Housing and Community Development (HCD) established the Regional Early Action Planning Grant Program (REAP) providing grant funding to regional governments and entities for planning activities that will accelerate housing production and facilitate compliance in implementing the Sixth Cycle of the Regional Housing Needs Allocation (RHNA); and
WHEREAS, REAP Grant funds are available to the eight San Joaquin Valley Regional Transportation Planning Agencies (SJV RTPAs), including the Madera County Transportation Commission (MCTC) under the Valley-wide Memorandum of Understanding between the Fresno Council of Governments (FCOG) and HCD; and
WHEREAS, the MCTC agrees to suballocate the remaining REAP funds available in the second phase of the MCTC Housing Planning Grants Program Funding, to the City of Madera (City) in an estimated amount of $125,399 for eligible projects; and WHEREAS, the City Council of the City of Madera desires to enter into a Master Agreement between the MCTC and City for the REAP 1.0 Grants Program (Agreement) to apply, receive, perform and utilize the suballocated REAP funds in the amount of $125,399 for eligible activities and projects that will assist in the preparation and adoption of planning documents and process improvements which demonstrate a nexus to increasing housing, accelerating production and/or facilitate compliance to implement the Sixth Cycle of the RHNA, as set forth in the Agreement attached to this Resolution.
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 Master Agreement between the MCTC and the City for the REAP 1.0 Grants Program, 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 Project Description attached to the Agreement and which do not significantly alter the project’s stated purpose, objectives or goals, as may be needed to finalize the Agreement and reach a consensus with the MCTC for approval, and subject to approval as to legal form by the City Attorney. The City Manageris then authorized to execute the Agreement and deliver all other REAP 1.0 Grants Program Funding Suballocation 2
documents or materials required or deemed necessary or appropriate to evidence and secure suballocated REAP grant funding, in the amount of $125,399, on behalf of the City.
3. The City shall be subject to the terms and conditions as specified in the Master Agreement, after approval. The Application and any and all accompanying documents are incorporated in full as part of the Master Agreement. Any and all activities funded, information provided, and timelines represented in the Agreement will be enforceable through the fully executed Agreement. Pursuant to the REAP eligibility requirements and in conjunction with the terms of the Agreement, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Agreement.
4. This Resolution shall become effective immediately upon adoption. * * * * *
Attachments:
Master Agreement between the Madera County Transportation Commission and the City of Madera for the Regional Early Action Plan (REAP) 1.0 Grants Program Master Agreement between the Madera County
Transportation Commission and the City of
Madera for the Regional early action planning
(reap) 1.0 Grants Program
REAP 1.0 Master Agreement Between the Madera County Transportation Commission and City of Madera 1 MASTER AGREEMENT BETWEEN THE
MADERA COUNTY TRANSPORTATION COMMISSION
AND THE CITY OF MADERA
FOR THE REGIONAL EARLY ACTION PLANNING (REAP) 1.0 GRANTS PROGRAM This grant funding agreement is made on ____________, 2023 by and between the City of Madera, a public body, hereinafter referred to as “Recipient,” and the Madera County Transportation Commission, hereinafter referred to as “MCTC.”
WHEREAS, the California Department of Housing and Community Development (HCD) has provided grant funds through the Regional Early Action Planning (REAP) Program; and WHEREAS, MCTC is a recipient of these grant funds under the Valley-wide MOU; and WHEREAS, the MCTC is authorized to use the grant funds (hereinafter REAP Funds) to assist local agencies, including suballocation, to promote projects which otherwise qualify for REAP funds; and WHEREAS, the Recipient has submitted a Grant Application, which is attached hereto as Exhibit A and incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The MCTC agrees to allocate REAP Funds paid to MCTC under the Memorandum of Understanding between Fresno Council of Governments and the State of California Department of Housing and Community Development.
2. Grant funds cannot be disbursed until this Agreement has been fully executed.
3. The Recipient agrees to use REAP Funds only for the REAP eligible project(s) described in Exhibit A.
4. The projects described in Exhibit A, and the amounts allocated therefore, may be amended from time to time without changing the rest of this Master Agreement.
5. The Recipient agrees to reimburse funds back to MCTC if it is determined that REAP Funds were used for ineligible projects.
6. The MCTC agrees to reimburse the Recipient within 30 days of receipt of an accurately completed claim form from the Recipient. The Recipient shall be reimbursed for actual incurred costs that are supported with documentation.
7. The Recipient agrees to cause the completion of the project(s) by June 30, 2024.
Failure to complete the project(s) on a timely basis shall allow MCTC to refuse reimbursement and to reprogram such funds for other purposes.
REAP 1.0 Master Agreement Between the Madera County Transportation Commission and City of Madera 2 8. The Recipient must bill based on clear deliverables outlined in the Agreement or budget timeline. Only approved and eligible costs incurred for work after the date of an executed agreement with MCTC are eligible.
9. Work must be completed prior to requesting reimbursement.
10. Project invoices will be submitted to MCTC by the Recipient on a monthly basis.
11. Supporting documentation may include, but is not limited to: receipts, progress payments, subcontractor invoices, time cards, etc.
12. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. MCTC may withhold 10 percent of the grant until grant terms have been fulfilled.
13. The Recipient must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required.
14. The Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records or expenditures incurred during the course of the project, in accordance with generally accepted accounting principles.
15. The Recipient agrees that MCTC or designated representative shall have the right to review and copy any records and supporting documentation pertaining to the performance of the Agreement.
16. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated.
17. At any time during the term of the Agreement, MCTC or HCD may perform, or cause to be performed, a financial audit of any and all phases of the award. At MCTC’s or HCD’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during project implementation and over the project life.
18. MCTC or HCD may request additional information, as needed, to meet other applicable audit requirements.
19. MCTC or HCD may monitor expenditures and activities of an applicant, as deemed necessary, to ensure compliance with Program requirements.
REAP 1.0 Master Agreement Between the Madera County Transportation Commission and City of Madera 3 20. Subcontractors employed by the Recipient and paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as specified above.
REPORTING
1. The Recipient will be responsible for compiling and submitting all invoices and reporting documents. Recipients will submit for reimbursements to MCTC based on actual costs incurred.
2. The Recipient agrees to submit a quarterly report to MCTC describing the progress towards completion for all project(s) listed in Exhibit A. The reports should describe the work that has been completed, and a copy of any project deliverables.
REMEDIES OF NON-PERFORMANCE
1. In the event that it is determined, at the sole discretion of MCTC or HCD, that the Recipient is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from MCTC or HCD to stop work, the Recipient shall cease all work under the Agreement. MCTC or HCD has the discretion to determine that the Recipient meets the terms and conditions after a stop work order, and to deliver a written notice to the Recipient to resume work under the Agreement.
2. Both the Recipient and MCTC have the right to terminate the Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the Recipient or MCTC to rectify any deficiency(ies) prior to the early termination date. The Recipient shall submit any requested documents to MCTC within 30 days of the early termination notice.
3. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning document. Localities that do not formally adopt the funded activity could be subject to repayment of the grant.
4. MCTC or HCD may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with Program requirements (Health and Safety Code Section 50515.04(e).
ACCOUNTING SYSTEM
Recipient, its contractors and subcontractors, shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment claims.
REAP 1.0 Master Agreement Between the Madera County Transportation Commission and City of Madera 4 RIGHT TO AUDIT
For the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement, the Recipient, its contractors and subcontractors each agrees to grant the State and/or the MCTC auditors access to the Recipient’s books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including but not limited to, the costs of administering those various contracts. All documents shall be made available for inspection by authorized State or MCTC agents at any time during project development and for a fouryear period from date of completion of project or one year after the audit is completed or waived by the State, whichever is later.
TRAVEL AND SUBSISTENCE
Payments to contractors and subcontractors for travel and subsistence expenses of Recipient forces and/or its contractors or subcontractors, claimed for reimbursement or applied as local match credit, shall not exceed rates authorized to be paid exempt non-represented State employees under current State of California Department of Human Resources (CalHR) rules.
If the rates invoiced are in excess of those authorized CalHR rates, then Recipient is responsible for the cost difference and any overpayments shall be reimbursed to the MCTC on demand.
PROJECT COMPLETION
Recipient agrees to provide to the MCTC a short report summarizing total project costs and milestones, including before and after photos of the project, if applicable, for each project within sixty (60) days of completion.
GOVERNING LAWS
This Agreement shall be construed and enforced according to the laws of the State of California, and the parties hereby agree that the County of Madera shall be the proper venue for any dispute arising hereunder.
CONFLICT OF INTEREST
Recipient warrants that it presently has no interest and shall not acquire any interest during the term of this Agreement, which would directly or indirectly conflict in any manner or to any degree with its full and complete performance of all services under this Agreement.
CONSTRUCTION OF AGREEMENT
The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any exhibit or amendment. To that end, it is understood and agreed that this Agreement has been arrived REAP 1.0 Master Agreement Between the Madera County Transportation Commission and City of Madera 5 at through negotiation, and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654. Section and paragraph headings appearing herein are for convenience only and shall not be used to interpret the terms of this Agreement.
WAIVER
Any waiver of any term or condition hereof must be in writing. No such waiver shall be construed as a waiver of any other term or condition herein.
SUCCESSORS AND ASSIGNS
This Agreement and all rights, privileges, duties, and obligations hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns and heirs.
TIME IS OF THE ESSENCE
The parties mutually acknowledge and agree that time is of the essence with respect to every provision hereof in which time is an element. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act, nor shall any such extension create a precedent for any further or future extension.
EXECUTION OF AGREEMENT
Any individual executing this Agreement on behalf of an entity represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of such entity and to bind the entity to the terms and conditions hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
ENTIRE AGREEMENT
This document, including all exhibits hereto, constitutes the entire agreement between the parties, and supersedes any and all prior written or oral negotiations and representations between the parties concerning all matters relating to the subject of this Agreement.
EFFECTIVE DATE, TERM
This Agreement shall become effective as of the Effective Date and shall remain in full force and effect through June 30, 2024, unless sooner terminated or unless its term is extended.
Upon the mutual written Agreement of the Parties hereto, this Agreement may be extended beyond that date.
AMENDMENTS
REAP 1.0 Master Agreement Between the Madera County Transportation Commission and City of Madera 6 Any changes to Exhibit A of the Agreement requested by the Recipient shall be implemented by a written amendment to Agreement and approved by both parties.
IN WITNESS WHEREOF, MCTC and Recipient execute this Agreement as follows:
MADERA COUNTY TRANSPORTATION COMMISSION
_________________________________ ___________
Patricia Taylor Date
Executive Director
Recipient:
CITY OF MADERA
_______________________________ ___________
Arnoldo Rodriguez Date
City Manager
EXHIBIT A
Project Description/Application
Agency/Project Information
Project Title:
The City of Madera Prohousing Policies Initiative (PPI) Project Description:
The City of Madera proposes use of REAP 1.0 funds to retain contracted consultant services to work in collaboration with City staff to: (1) Provide an overall review and assessment of local ordinances and regulations (with consideration to recent State housing legislation); (2) Assist with identifying critical challenges and potential constraints to housing production (with specific focus and emphasis on those which may stem from local processes reliant upon ordinance regulations or existing policies and practices); (3) Assist in identification and prioritization of specific tasks which may be feasibly accomplished to facilitate local housing production and processes that will best, and most immediately, address near-term housing needs, goals and objectives; and, (4) Subsequently prepare respective documentation outlining near- or long-term program strategies, draft ordinance amendments, department policies, and educational, informational, or procedural guidance documents for implementation.
Additionally, it is the City of Madera’s desire to consider impact fee incentive programs for infill housing development projects (as well as the potential for establishment of a local housing trust fund), density bonus and/or affordable housing concessions & incentives, as well as the potential for adoption of standardized, pre-approved Accessory Dwelling Units plans which may be made available at minimal or no-charge to interested property owners. These efforts will also involve evaluation and consideration of neighboring and/or comparable city practices.
Eligible Activities (identify by number):
(1); (6); (7); (8); (12); (14); (16); (17); (19); (20)
Total Funding Request:
$125,399.00
Applicant Agency:
City of Madera
Primary Contact Name and Title:
Will Tackett, Community Development Director
Email: [email protected]
Phone: (559) 661-5451
Address: 205 West 4th Street, Madera, CA 93637
Agency Department:
City of Madera Planning Department
Contact Name and Title:
Gary Conte, Planning Manager
Email: [email protected]
Planning Project Description
1. Introduction
Please provide a description of project objectives, setting, and relationship of the proposed project to existing and planned land uses and transportation facilities in the project area.
The primary goal of the project will be to amend existing Zoning Regulations of the City Municipal Code to facilitate the development of new policies and procedures which will have potential to attract and accelerate housing development projects in the City of Madera in a manner which is abreast of more contemporary and progressive Planning principles, paradigms and practices, as well as compliant with recent State housing bills and legislation, for purposes of streamlining and accelerating housing production.
Ancillary objectives preliminarily include but may not ultimately be limited to the following:
• Development of near- and long-term program strategies and outlining priorities for implementation.
• Preparation and adoption of objective development standards for Housing Development Projects to align with State regulations, provide certainty to the City’s customers, the development industry and staff, and to contribute to the development and implementation of streamlined ministerial review processes; • Amendment of existing ordinances to permit all housing types in residential zone districts by-right, as well as to allow for entitlement/building permit application and plan check integration for process streamlining for certain housing types; • Amendment of Planned Development and Precise Plan requirements and allowances to promote density and/or afford density bonuses; • Development and adoption of specific incentive-based ordinance provisions for Missing Middle Housing;
• Identification and adoption of incentive-based concessions for Housing Development Projects; including but not limited to:
o Impact fee reduction programs for infill and/or affordable Housing Development Projects;
o Deviations from development standards for qualifying Housing Development Projects or specific housing types;
o Exceptions to certain public or private improvement requirements to reduce costs associated with qualifying Housing Development projects or specific housing types;
o Density bonuses for specific Housing Development Projects or housing types;
o Affording longer terms to exercise rights in conjunction with approved City entitlements for Housing Development Projects;
• Update and amend existing ordinances pertaining to Accessory Dwelling Units (ADUs); and, develop and adopt standardized ADU plans and implement a program which affords standard plans to interested property owners at minimal or nocharge with streamlined processing; • Consider alternatives and feasibility for establishment of a local housing trust fund; • Development of covenant agreements necessary to implement State mandated housing allowances, enforce regulations, and advise prospective home/property buyers.
• Development of procedures and checklists for local implementation of State mandated streamlined processes and eligibility, as well as for new local processes resultant from the initiative; and,
• Development of public information and educational materials for the purposes of, and to promote, new programs and procedures.
Prioritization of tasks and deliverables to be completed within the final scope of work by a selected consultant will be determined through the project steps outlined in the Project Description. The prioritization and sequencing strategy for future implementation of the full list of final objectives will be produced regardless of the number of tasks or deliverables which may be able to be completed by the Consultant within the funding budget and timeline for expenditures available.
Many objectives considered by local governments for purposes of accelerating housing production may be focused respective to geography. The justification of this strategy is often to incentivize greater development intensity and density in key locations which can act as catalysts for additional investment and synergy. This strategy is acknowledged and will be considered respective to implementation of the City’s adopted General and operative plan goals; including, the creation of zoning overlays and/or other provisions for purposes of implementing the overall form and intensity of development, where appropriate and where such intensity has the potential to facilitate greater use of public transit services and multi-modal transportation alternatives.
The Downtown area and its immediate vicinity are planned almost entirely for Commercial land uses by the Madera General Plan. In addition, various commercial activity centers are planned and distributed along segments of the City’s major street corridors (or in proximity to the highway interchanges). The City’s Zoning Regulations include existing provisions which permit residential uses in the Neighborhood, Light and Heavy Commercial Zone Districts, with liberal and effective allowances to promote housing development projects and density. Nonetheless, existing provisions will be considered as part of the initiative to accelerate housing production.
The predominant land use category for the City’s residential areas (and the vast majority of lands in the City of Madera), including neighborhoods proximate to the City’s core are planned for Low Density Residential land uses by the Madera General Plan; a planned land use designation with a density range of 2.1 to 7.0 dwelling units per acre.
The City has recently approved a specific plan for the Villages at Almond Grove (Village D) in the northwestern portion of the City Sphere of Influence. This plan will provide an estimated 10,783 dwelling units with a mixed variety of densities, up to 2.1 million square feet of commercial and office development, 163 acres of public parkland, natural open spaces and school uses, comprising a truly complete Village concept land use and implementation plan with specific rules for subsequent approvals.
Scheduled fixed-route bus service is provided by Madera Area Express (MAX) and Cityoperated dial-a-ride a paratransit service which extends through most of the Planning area. However, the City does not have what are defined as existing Major Transit Stops or High Quality Transit Corridors. It is the City’s interest to consider allowances, exceptions and concessions for Housing Development Projects located in proximity to MAX fixed-route bus service stops similar to those afforded through State legislation for Housing Development Projects in proximity to Major Transit Stops or High-Quality Transit Corridors in order to afford equitable local development opportunities in the City of Madera based upon existing available public transit.
The City of Madera remains a fairly compact City in terms of area but is a burgeoning City. The predominant land use pattern and residential land use category is generally considered a low to moderate density range representing traditional single-family neighborhoods. Given this fact and with consideration to the strategies, commercial land use and growth patterns described herein above, it is the opinion of the City that the goals and objectives for the project and use of available funding should focus on City-wide and all-inclusive strategies for housing acceleration and production to develop accommodations and benefits for housing units of all types and varieties. Strategies which focus on incentivizing infill development, specific geographic areas or specific housing types should also be included as principle focus topics of the project goals and objectives.
Implementing strategies based upon these focus points will ensure housing production acceleration and streamlining efforts implemented in the near term will have the greatest potential to contribute to the minimization of patterns of sprawl, the reduction of Vehicle Miles Traveled, and opportunities for increased ridership and improvement to existing transit services as well as the use of alternative modes of travel to the automobile for future residents and populace of the City.
2. Project Justification
Application describes in detail the deficiencies that the project would address and ramifications of not funding.
The Zoning Regulations of the City Municipal Code have been incrementally updated over the years but remain generally antiquated with respect to more contemporary and progressive Planning principles, paradigms and practices relative to streamlining and accelerating housing production and have not been recently updated for compliance and/or consistency with recent State housing bills and legislation passed for purposes of streamlining and accelerating housing production. This present circumstance and state of affairs leaves the City of Madera at an inherent disadvantage with respect to the ability to: process entitlements for new Housing Development Projects in the most efficient manners available; promote infill development, affordable housing and greater diversity in housing types; and provide the certainty desired by the development industry to project timelines, project costs, develop budgets and/or secure financing during times of experienced inflation and fluctuating economic and market conditions, in order to attract adequate new investment interests to address existing or projects housing needs.
While it is not assumed that the amount of funding available or the remaining time to expend funds will afford a completely holistic and comprehensive approach to the issue, it is believed that both funding and timing is adequate to address immediate deficiencies which impede most efficient methods for streamlining processes, accelerating production, and encouraging/promoting development of a diversity of housing types to meet the needs of all residents.
The City of Madera recognizes an incentive- or concession-based approach to accelerating housing production is preferred by its customers and perceives such an approach to be more efficient in effect vis-à-vis rigid or prescriptive approaches which may render residential development infeasible (especially for infill development where availability of land area is more limited). Existing municipal code provisions and policy and procedural practices which have been in effect for numerous years, tried and tested, time and again, have not yielded sufficient or desired results to meet resident and customer needs and demands. Availability of funding utilized for the intended project purposes presents the City of Madera with opportunity to reevaluate and reconsider its regulations and methodologies and develop more progressive tools and programs to meet resident needs, fulfill customer expectations, and provide new incentives, as well as the regulatory and procedural certainty, necessary to facilitate feasibility and attract additional investment for Housing Development Projects.
Other cities have developed and our finding success in implementation of Accessory Dwelling Unit (ADU) programs offering pre-approved ADU plans, commonly at no-cost, to property owners. Such a program is not presently available in the City of Madera.
While such an effort would be cost- and time-prohibitive in this instance, it is acknowledged that the San Joaquin Valley REAP has already completed efforts to develop a Guide to Implementing ADUs in the San Joaquin Valley (October 2022), complete with template program materials, including four pre-reviewed detached ADU plans with architectural, structural, electrical sheets and Cal Green forms. Customization and/or updates which may be needed for current Code Cycle compliance will need to be considered. However, the prior efforts by the San Joaquin Valley REAP relative to ADUs provides a complete framework on which to readily base updates and develop a future program and procedural framework to accommodate pre-approved ADU standard plan availability in the near future.
Preliminary consideration has been given to objectives which will accelerate housing production and streamline Housing Development Project processes. However, lack of capacity with available staff resources renders internal efforts without assistance or additional budgetary resources challenging and without potential for expediency.
Furthermore, the timing of funding would assist the City with completing actions and activities which will contribute to facilitating compliance in implementing the Sixth Cycle of the Regional Housing Needs Allocation (RHNA), which are not otherwise currently funded.
3. Nexusto Accelerating Housing Production
Please describe the nexus of the proposed project to accelerating housing production.
The project goals and ancillary objectives outlined above comprise contributing components of what is considered to be essentially a dual-pronged approach to creating an accelerated “path” for housing production consisting of the following:
1. Municipal Code Provisions (Clearing the Path):
Entails preparation of a “Variety Pack” of text amendments to the Zoning Regulations of the City Municipal Code to:
o Provide the ability to implement more streamlined and integrated approaches to the processing of Housing Development Project applications.
Current requirements mandate discretionary entitlements for all Housing Development Projects. Amendments to procedure sections of the code to permit by right-uses, identify objective development standards, and amend procedural requirements to implement ministerial project reviews streamlines the application approval process and enables a greater volume of Housing Development Applications to be processed without additional resource allocation. Integration with Building Permit processes for certain housing types reduces the number of separate and individual applications required to be filed (including the costs and timelines associated therewith); thereby increasing resource capacity while streamlining and accelerating housing application productivity. o Incentivize Infill Housing Development and certain housing types.
Providing the ability to qualify for concessions including eligibility for deviations from development standards, density bonuses, exceptions to improvement requirements and/or reductions to development impact fees facilitates Infill Housing Development Project feasibility. This includes: minimizing site constraints and increasing site capacity; permitting as well as promoting greater density of development; and minimizing/subsidizing costs which may be cumulatively prohibitive or which may discourage investment interest; thereby affording more opportunities to a greater number of property owners and investors which directly contributes to the acceleration of housing production.
2. Development of Implementing Procedures, Policies and Programs (Paving, Marking and Mapping the Road)
Entails preparation of procedural workflow documentation (with capability for systems integration and management), creation of respective application forms and checklists as well as informational, educational, and promotional materials. It is acknowledged that implementation of certain programs may require consideration of fiscal impacts or additional study which may lie outside the scope of this project. It is also noted that some necessary implementation measures will be the responsibility of City staff and may fall outside a Consultant’s scope of work for the proposed project.
Implementation tasks and activities are critical as the road map depicting how Housing Development Applications are processed through the City for reviews and approvals. Documentation is prepared to clearly identify: regulatory requirements with references and citations to codified provisions and standards, as well as procedural steps, projected timelines, and policy guidance for both the City’s customers and staff members. This documentation facilitates consistency for efficient and equitable application management and processing, and provides certainty to all stakeholders and process participants with respect to requirements and expectations.
Accompanying educational and promotional materials are intended to be informative with contact information for City assistance but are also considered critical to attract attention and interest.
Without the development of formal implementation procedures, policies and programs, acceleration and streamlining of housing production cannot be realized to its full extent. Concise documentation and checklists minimize the potential need to exercise subjective consideration, assists with the submittal of complete applications, thereby reducing application completeness review timeframes, and sets forth consistent expectations. These efforts translate to certainty for the City’s customers and staff and efficient Housing Development Project application processing; accelerating housing production and appealing to potential investment interests that rely on such certainty for success in dynamic economic and market conditions, and thereby increasing the volume of Housing Development applications received and approved.
4. RTP/SCS Consistency
Describe how the proposed project is consistent with MCTC's 2022 RTP/SCS.
The goals and objectives identified within the scope of work for the proposed project are consistent with the goals and objectives of Chapter 2: Policy Element of the MCTC’s RTP/SCS.
The proposed project will:
1. Improve Quality of Life. The project deliverables will include plans, programs, policies and codified provisions which will improve the qualify of life for residents in the City of Madera by further incentivizing development of affordable housing which will increase access to the fixed route public transportation system, resources, jobs, and recreational facilities.
2. Raise Economic Prosperity. The project deliverables will include plans, programs, policies and that will facilitate enhanced economic viability of the City by:
increasing access to a greater quantity and variety of dwelling units which can afford a low cost of living to a wider range of income levels; adopting regulatory concessions and incentives for certain housing types; developing streamlined and integrated application procedures; and providing objective standards and certainty to processes, in order to attract new investment.
3. Cultural Diversity. The project will respect the City’s wide variety of cultures and subcultures (each having unique needs and perspectives) by facilitating the acceleration of production of range of housing choices to benefit the City’s diverse population.
4. Promote Public Health and a Cleaner Environment. The project deliverables will give preference to the development of housing types and identify objective development standards which will ensure the health of its citizens, maintains and enhances the surrounding environment, and will seek to incentivize diversity and affordability in housing options and availability to enhance the City financial stability over time.
Scenario 3: Conservation and Mobility, the sub-region focused land-use strategy applied to the City of Madera in the MCTC Sustainable Communities Strategy (SCS) and which produced the lowest Vehicle Miles Traveled (VMT) per capita of the three scenarios; and which, achieved the most Greenhouse Gas (GHG) reduction per capita of the three scenarios. Scenario prioritized development in infill and redevelopment zones, assumes more compact lot sizes in core urban areas, moderate increases to densities in urban areas and slight increases to densities in the remainder of the county, outside of urban cores. Accelerates investment shift towards zero-emission vehicle infrastructure, public transit, shared ride options, micro mobility, and nonmotorized transportation strategies.
The objectives identified within the scope of work for the proposed project are consistent with and support implementation of these strategies. The proposed project does not propose amendments to the City of Madera General Plan as required environmental analyses as well as timeline and cost constraints would likely not be feasible without sacrificing other objectives which are perceived to have a greater potential immediate potential to accelerate housing production of all types, City-wide, while providing a high focus toward incentivizing infill and urban core development in a manner which affords moderate changes to facilitate higher density new development in urban areas and which is compliant with the existing General Plan.
The goals, objectives, and focal issues identified within the scope of work consider opportunities to accelerate housing production for all types but incentivize housing for certain housing types, which may include but not be limited to affordable housing and greater opportunities for home ownership in proximity to public and multi-modal transit alternatives. These concepts are consistent with the public policy goal of promoting the fair treatment and meaningful involvement of all people in what will involve a legislative and public decision-making process, and which will result in ensuring that low-income and minority communities receive an equal distribution of benefits from the activities.
5. Plan Implementation
Please describe the implementation strategies for the proposed planning project. Please identify any potential obstacles to successful implementation of the plan.
Staff’s proposed use of funds would entail retaining contracted consultant services to work in collaboration with City staff to: (1) Provide an overall review and assessment of local ordinances and regulations (with consideration to recent State housing legislation); (2) Assist with identifying critical challenges and potential constraints to housing production (with specific focus and emphasis on those which may stem from local processes reliant upon ordinance regulations or existing policies and practices); (3) Assist in identification and prioritization of specific tasks which may be feasibly accomplished to facilitate local housing production and processes that will best, and most immediately, address near-term housing needs, goals and objectives; and, (4) Subsequently prepare respective documentation outlining near- or long-term program strategies, draft ordinance amendments, department policies, and educational, informational, or procedural guidance documents for implementation.
As described in Subsection 3 of this Application, the project goals and ancillary objectives outlined in this Application herein above comprise contributing components of what is considered to be essentially a dual-pronged approach to creating an accelerated “path” for housing production. The two components of this approach represent the project deliverables:
1. Municipal Code Provisions (Clearing the Path):
Entails preparation of a “Variety Pack” of text amendments to the Zoning Regulations of the City Municipal Code to:
• Provide the ability to implement more streamlined and integrated approaches to the processing of Housing Development Project applications.
• Incentivize Infill Housing Development and certain housing types.
2. Development of Implementing Procedures, Policies and Programs (Paving, Marking and Mapping the Road)
Entails preparation of procedural workflow documentation (with capability for systems integration and management), creation of respective application forms and checklists as well as informational, educational, and promotional materials. It is acknowledged that implementation of certain programs may require consideration of fiscal impacts or additional study which may lie outside the scope of this project. It is also noted that some necessary implementation measures will be the responsibility of City staff and may fall outside a Consultant’s scope of work for the proposed project.
Documentation is prepared to clearly identify: regulatory requirements with references and citations to codified provisions and standards, as well as procedural steps, projected timelines, and policy guidance for both the City’s customers and staff members. This documentation facilitates consistency for efficient and equitable application management and processing and provides certainty to all stakeholders and process participants with respect to requirements and expectations.
Accompanying educational and promotional materials are intended to be informative with contact information for City assistance but are also considered critical to attract attention and interest.
A principal deliverable of the project will include an omnibus, “Variety Pack,” of draft text amendments to the City Municipal Code with recommendations for consideration by the City Council. Text amendments to the City Municipal Code may only be approved through ordinance adoption, a public legislative process. While vital to a transparent and inclusionary process, it is conceivable that public opposition to certain provisions or allowances or changes to procedural or application requirements either in general or for certain/qualifying housing types.
The expenditure deadline and/or funding limitations may not be adequate to complete and deliver all preliminary objectives and deliverables identified prior to the expenditure deadline. Some desired program outcomes such as pre-approved ADU plans and a local Housing trust program will likely require additional coordination, study and/or evaluation that will fall outside the scope of work proposed for this project and which likely will not be able to be completed within the available budget and/or timelines constraints.
Regardless of outcomes, development of near- and long-term program strategies and priority outline for sequential implementation will be prepared; and any work which may not be able to be completed by the Consultant will be completed through subsequent City effort toward facilitating compliance in implementing the Sixth Cycle of the Regional Housing Needs Allocation (RHNA).
6. Project Schedule and Scope of Work
Please outline the scope of work for the proposed planning efforts.
Please briefly describe deliverables and anticipated completion dates for each deliverable. Please also provide estimates of project expenses funded by the grant.
Attached spreadsheets included herein below.
91Page
FEE PROPOSAL
Total
Hours
City Staff - % of total hours potential
Labor Cost Total Fee
$150
56 $ 8,400 $ 8,400
16 100% $2,400
32 100% $4,800
8 100% $1,200
64 $ 9,600 $ 9,600
8 $1,200
16 $2,400
40 $6,000
88 $ 13,200 $ 13,200
8 $1,200
16 $2,400
‐
24 $3,600
40 $6,000
112 $ 16,800 $ 16,800
24 $3,600
40 $6,000
40 $6,000
8 $1,200
384 $ 57,600 $ 57,600
120 $18,000
80 $12,000
80 $12,000
40 $6,000
40 $6,000
24 $3,600
56 $ 8,400
648 97,200
704 $ 105,600
$ 19,799
$ 125,399
4.5 Prepare Draft Report for Public Hearing (1 for PC/CC)
4.6 Public and/or Commission & Council Revisions
*Estimated hours.
Consultant reserves right to adjust & transfer hours between staff and tasks. Prior City approval required to exceed any task budget.
This fee schedule is a fixed fee, not to exceed basis The fee includes a recommended contingency budget of $19,799 (approximately 15% of the total funding amount) as a contingency to account for unforeseen circumstances or miscellaneous City requests or modifications to the scope once underway. These funds can only be used with prior City authorization and would be billed on a time and materials basis.
Selected Consultant reserves the right to adjust and transfer hours between staff and tasks.
TOTAL ALL TASKS
Miscellaneous Tasks Contingency (time & materials)
Sub-total Preliminary Tasks
Sub-total Tasks 1-4
4.1 Draft "Variety Pack" Text Amendments
4.3 Prepare Application Forms and Checklists
4.2 Prepare Supplemental Policies & Procedures
4.4 Prepare Info./Educational & Promotional Materials
3.3 Prioritize and Outline Near- vs. Long-term Initiative Strategies
3.4 Determine Feasible Activities/Deliverables
Task 4: Preparation of Documentation
2.3.3 Stakeholder Interviews (Up to 10)
3.1 Develop Schedule of Recommended Actions
Task 3: Outline/Prioritize Feasible Activities
3.2 Provide Recommendations with Justifications to City Staff Task 2: Constraints Analysis
2.1 Community and Stakeholder Outreach & Engagement Strategy
2.2. Outreach Materials (includes 1 language translation)
2.3 Community Outreach/Engagement Meetings and Activities
2.3.1 Community Workshops (1 Minimum)
0.3 Execute Contract for Consultant Services
Task 1: Review and Assessment of Existing Ordinances
1.1 Kickoff meeting
1.2 Prepare Project Schedule
1.3 Review and Assess Zoning Regulations of City Municipal Code
0.2 Receive and Evaluate Reponses
CITY OF MADERA PROHOUSING POLICIES INITIATIVE REAP 1.0 GRANTS PROGRAM
PROJECT SCHEDULE AND SCOPE OF WORK
City of Madera Prohousing Policies Iniative
REAP 1.0 Grants Program Funds Suballocation
December 6, 2023
HOURLY RATE:
Preliminary Task: Request for Proposals
0.1 Prepare and Advertise RFP
SCHEDULE
Total
Hours
123412341234123412341234
561632
8 64
8 164088
8 162440
112
244040
8 384
120
8080404024
56 648
704
1.1 Kickoff meeting1.2 Prepare Project Schedule1.3 Review and Assess Zoning Regulations of City Municipal Code City of Madera Prohousing Policies IniativeREAP 1.0 Grants Program Funds SuballocationDecember 6, 2023 Week:
Preliminary Task: Request for Proposals
0.1 Prepare and Advertise RFP0.2 Receive and Evaluate Reponses4.6 Public and/or Commission & Council Revisions January February March
*Estimated Timeline Respective to Tasks.
Consultant reserves right to adjust & transfer hours between staff and tasks. Prior City approval required to amend timeline benchmark dates.
TOTAL ALL TASKSSub-total Preliminary TasksSub-total Tasks 1-4
4.1 Draft "Variety Pack" Text Amendments4.3 Prepare Application Forms and Checklists4.2 Prepare Supplemental Policies & Procedures4.4 Prepare Info./Educational & Promotional Materials3.3 Prioritize and Outline Near- vs. Long-term Initiative Strategies3.4 Determine Feasible Activities/Deliverables Task 4: Preparation of Documentation
April May
CITY OF MADERA PROHOUSING POLICIES INITIATIVE REAP 1.0 GRANTS PROGRAM PROJECT SCHEDULE AND SCOPE OF WORK June
4.5 Prepare Draft Report for Public Hearing (1 for PC/CC)
2.3.3 Stakeholder Interviews (Up to 10)
3.1 Develop Schedule of Recommended Actions
Task 3: Outline/Prioritize Feasible Activities
3.2 Provide Recommendations with Justifications to City Staff Task 2: Constraints Analysis
2.1 Community and Stakeholder Outreach & Engagement Strategy2.2. Outreach Materials (includes 1 language translation)2.3 Community Outreach/Engagement Meetings and Activities
2.3.1 Community Workshops (1 Minimum)
0.3 Execute Contract for Consultant Services
Task 1: Review and Assessment of Existing Ordinances
REPORT TO CITY COUNCIL
Late Distribution Notice
DATE: November 30, 2023
TO: Mayor and City Councilmembers
FROM: Will Tackett, Community Development Director
SUBJECT: December 6, 2023 City Council Meeting
Late Distribution Report for Item D-2
Additional time is needed to complete, review, and finalize the report for Item D-2: Master Agreement Between the Madera County Transportation Commission and the City of Madera for the Regional Early Action Planning (REAP) 1.0 Grants Program.
The staff report includes the application for grant funding as a component of the attached the Agreement. While staff will have the ability to refine the application with Madera County Transportation Commission staff following Council action, it is staff’s desire to provide a comprehensive and informative project description and quality application with the report materials for Council consideration and which should require minimal refinement following Council action. For this reason, staff feels it necessary to give the application component full and due attention prior to distribution and requires additional time to do so.
The report will be distributed as soon as it is available. Thank you for your understanding.
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Fourth Amendment to the City Clerk At-Will Employment Agreement RECOMMENDATION:
This report has been prepared at the direction of the City Council (Council); therefore, there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a Fourth Amendment to the City Clerk At-Will Employment Agreement.
Announcement by Mayor - Pursuant to Government Code § 54953 (c) (3), prior to taking action on this item, the Council must publicly announce a summary of the action being considered. If approved, the proposed amendment to the City Clerk’s Employment Agreement will modify the existing agreement as follows:
▪ Extend the term of the agreement by one (1) additional year to August 26, 2026 ▪ Effective on her merit anniversary date of August 26, 2023, one merit step due to satisfactory performance to Step E of City of Madera Salary Schedule Range 419 which is $87,298.61 per year
SUMMARY:
The Council conducted the City Clerk’s performance evaluation. The results of the evaluation were very positive. The parties wish to amend the Employment Agreement to provide a term extension of one (1) year and to reflect a merit step increase due to satisfactory performance.
DISCUSSION:
The City Clerk is a direct report of the City Council and the terms and conditions of her employment are set in an Agreement between the Council and the employee. The current City Clerk’s Agreement was initially negotiated and approved in August 2019 and contained benefits D-3
similar to other management employees at that time. Since that time, the Agreement was amended as follows:
First Amendment: October 7, 2020
▪ Extended term from August 2022 to August 2025
▪ Awarded a merit step increase from Step A to Step B for satisfactory job performance effective on her anniversary date of August 26, 2020 Second Amendment: October 20, 2021
▪ Awarded a merit step increase from Step B to Step C for satisfactory job performance effective on her anniversary date of August 26, 2021 ▪ Provided for a one-time lump sum payment of $1,500 to be paid on the October 29, 2021, pay date
Third Amendment: December 7, 2022
▪ Awarded a merit step increase from Step C to Step D for satisfactory job performance effective on her anniversary date of August 26, 2022 ▪ Provided for 2% Cost of Living adjustments effective:
▪ 12/31/2022
▪ 6/17/2023
▪ 12/30/2023
▪ 6/15/2024
▪ 12/28/2024
▪ Provided lump sum payments of $1,500 the first paycheck of July 2023 and July 2024
▪ Provided for participation in the City’s Holiday Closure between Christmas Day and New Year’s Day 2022, 2023, and 2024
The City Clerk’s 2023 performance evaluation was recently completed with positive results.
Based on satisfactory job performance, the City Clerk is eligible for a merit step increase from Step D to Step E on the salary range assigned to the City Clerk position, shown in Table 1 below.
The proposed Fourth Amendment to the City Clerk’s Agreement provides for award of the merit step increase.
Table 1: City Clerk Salary Steps (annual equivalent rounded to nearest dollar) Range Step A Step B Step C Step D Step E Step F
419 $71,815 $75,418 $79,179 $83,140 $87,299 $91,670
The proposed Fourth Amendment also includes a one (1) year term extension to August 26, 2026, based on negotiations between the employee and Council.
FINANCIAL IMPACT:
The proposed Fourth Amendment will award one merit step increase on the adopted salary schedule, which was anticipated in the adopted budget.
ALTERNATIVES:
If the Council does not take action on the resolution, the existing agreement terms will continue.
Council may also determine to conduct further negotiations on the Employment Agreement.
ATTACHMENTS:
1. Resolution approving Fourth Amendment to the City Clerk At-Will Employment Agreement
a. Exhibit A: Fourth Amendment to City Clerk At-Will Employment Agreement.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING A
FOURTH AMENDMENT TO THE CITY CLERK AT-WILL EMPLOYMENT AGREEMENT WHEREAS, the City of Madera and Alicia Gonzales entered a City Clerk At-Will Employment Agreement (“Agreement”) effective August 26, 2019, and amended October 7, 2020; October 20, 2021; and December 7, 2022; and
WHEREAS, the City Council has conducted a performance evaluation of the City Clerk and is pleased with her performance; and
WHEREAS, the City Council and City Clerk desire to amend the Agreement to award a merit increase and extend the agreement term by one (1) year.
NOW, THEREFORE, the Council of the City of Madera hereby resolves, finds, and orders as follows:
1. The above recitals are true and correct.
2. The City Council approves the Fourth Amendment to City Clerk At-Will Employment Agreement attached hereto as Exhibit A and incorporated by reference.
3. This resolution is effective immediately upon adoption. * * * * * * * * * * * * * * * * * * * *
FOURTH AMENDMENT TO CITY CLERK AT-WILL EMPLOYMENT AGREEMENT This Fourth Amendment to City Clerk At-Will Employment Agreement (“Fourth Amendment”) is entered into by and between the City of Madera, California, a municipal corporation (hereinafter referred to as "Employer" or “City”), and Alicia Gonzales (hereinafter referred to as "Employee"), both of whom agree and understand as follows:
RECITALS
A. City and Employee entered into an At-Will Employment Agreement (“Agreement”) effective August 26, 2019 and amended October 7, 2020; October 20, 2021; and December 7, 2022.
B. The City Council has conducted a performance evaluation of Employee and Employee’s performance is satisfactory.
C. The City and Employee desire to modify the agreement to memorialize a merit step increase and extend the agreement term by one (1) year.
AGREEMENT
In consideration of the mutual covenants herein contained, the parties agree as follows:
SECTION 1. Subsection A of Section 1 of the Agreement titled “Term” is amended by adding the following paragraph to the end of said Subsection A of Section 1:
The term of the Agreement shall be extended one (1) additional year, thereby extending this Agreement to August 26, 2026. The Employer will provide written notice to the Employee on or before May 28, 2026, of its intent to offer to extend, renew, or otherwise not renew this contract for an additional term. If the Employer chooses to extend the Agreement, the Employer will inform the Employee of the newly proposed term at the time of its offer to renew. The Employee must respond to an offer to extend or renew the Agreement within 45 days of the offered extension or renewal.
SECTION 2. Section 5 of the Agreement titled “Salary” is amended by adding the following paragraph at the end of said Section 5:
Effective August 26, 2023, Employer agrees to increase the Employee’s base salary one merit step to $3,357.64 bi-weekly, which is Step E as set forth in City of Madera Salary Schedule Range 419, payable in installments at the same time as the majority of the Employer’s employees.
SECTION 3. Except as amended by this Fourth Amendment, all terms and conditions of the Agreement and First, Second, and Third Amendments shall continue in full force and effect.
SECTION 4. This Fourth Amendment to City Clerk At-Will Employment Agreement shall be effective December 6, 2023.
IN WITNESS WHEREOF, the City of Madera has caused this Fourth Amendment to Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its Deputy City Clerk, and Alicia Gonzales has signed this Fourth Amendment on the day and year first above written.
EMPLOYEE CITY OF MADERA
Alicia Gonzales Santos Garcia, Mayor
ATTEST
Zelda Leon, Deputy City Clerk
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Consideration of Selection of Mayor Pro Tem to serve a one-year term RECOMMENDATION:
Approve a Minute Order Accepting the nomination for Mayor Pro-Tem and making the appointment of Mayor Pro Tem to serve a one-year term
SUMMARY:
Resolution No. 12-210 delineates the protocol for the City Council to appoint one of its members to serve as Mayor Pro Tem. Specifically, the Resolution stipulates that this appointment shall take place during the Council's first regular meeting in December.
Moreover, the Resolution provides comprehensive guidelines and procedural details to be followed during the process of selecting the Mayor Pro Tem.
DISCUSSION:
According to Resolution No. 12-210, the procedure for appointing the Mayor Pro Tem entails a structured approach. The Resolution specifies that the selected Councilmember to serve as Mayor Pro Tem should generally not have previously held this position, except when all Council members have completed a term as Mayor Pro Tem.
In instances where all Councilmembers have fulfilled a term as Mayor Pro Tem, Resolution No. 12-210 establishes a criterion for selection. The individual chosen as Mayor Pro Tem in such circumstances would be the Councilmember who has not served for the longest period in that role.
Based on the information provided and the criteria established in Resolution No. 12-210, Councilmember Cece Gallegos qualifies to serve as Mayor Pro Tem for the upcoming term, E-1
considering that all Councilmembers have served as Mayor Pro Tem. More specifically, Councilmember Gallegos last held the position of Mayor Pro Tem in 2017, aligning with the criteria stipulated in the resolution and establishing her eligibility to serve in this role once again.
Table 1 below provides a summary indicating the respective periods when each Councilmember last served as Mayor Pro Tem.
Table 1: History of Mayor Pro Tem
District Mayor Pro Tem Year Served
1 Councilmember Gallegos 2017
2 Councilmember Rodriguez 2018
3 Councilmember Montes 2019
Citywide Mayor Garcia 2020
6 Councilmember Villegas 2021
4 Councilmember Evans 2022
5 Councilmember Mejia 2023
FINANCIAL IMPACT:
The position of Mayor Pro Tem does not alter the standard monthly stipend received by Councilmembers. Additionally, the role does not introduce any additional financial benefits or compensation beyond what is already allocated to all Councilmembers.
Therefore, the selection of the Mayor Pro Tem, does not pose any changes or financial impact to the City's budgetary considerations.
ALTERNATIVES:
There is no alternative action.
ATTACHMENTS:
1. Exhibit A - Resolution 12-210
RESOLUTION NO. 12-210
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA ESTABLISHING A TERM FOR THE OFFICE OF, AND A
SELECTION PROCESS FOR MAYOR PRO TEMPORE AND REPEALING
RESOLUTION NO. 98-90
WHEREAS, Government Code section 36801 requires forth that cities shall, after declaration of election results and installation of elected officials, select a Mayor and Mayor Pro Tempore; and
WHEREAS, the City Council adopted Resolution No. 98-90 setting forth the method and criteria for selecting the Mayor and Mayor Pro Tempore; and WHEREAS, Section 2-1.22 of the Madera Municipal Code was added on May 19, 2010, setting forth that the mayor shall be elected by the voters of the city at large; and WHEREAS, the selection procedure identified in Resolution No. 98-90, which includes a selection procedure for the mayor, is obsolete in part, and is in need of updating; and WHEREAS, the City Council now wishes establish a procedure for the selection of a Mayor Pro Tempore.
NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:
The above recitals are true and correct.
2. Commencing the month of December of 2012, the City Council shall, at its first regular meeting in the month of December, meet and choose one of its members as Mayor Pro Tempore. The Council Member selected as Mayor Pro Tempore shall be chosen from such members of the Council who have not previously served as Mayor Pro Tempore unless all members have so served.
3. Where all Council Members have served a term as Mayor Pro Tempore, the person to be selected as Mayor Pro Tempore shall be the Council Member who has not served as Mayor Pro Tempore for the longest period of time. If the Council Member who has not served as Mayor Pro Tempore for the longest period of time declines the position, then the Council Member who has not served as Mayor Pro Tempore for the longest period of time other than the declining Council Member shall be selected.
4. When a selection of Mayor Pro Tempore is to be made from a Council Member who has not yet served as Mayor Pro Tempore, the person who is otherwise qualified and has served on the Council the longest without being Mayor Pro Tempore shall be selected as Mayor Pro Tempore. In the case where two or more Council Members qualified to be selected Mayor Pro Tempore have served the same amount of time without being selected, the Council Member to be selected shall be the person who received the most votes at their initial election. In the event that no Council Member who is otherwise eligible to be Mayor Pro Tempore has received the most votes at their initial election, then the selection from the eligible Council Members shall be made by drawing lots.
5. The Council Member selected to serve as Mayor Pro Tempore shall serve a one year term ending upon the selection of a new Mayor Pro Tempore at the first City Council meeting in December of the following year.
6. Resolution No. 98-90 entitled, "A Resolution of the City Council of the City of Madera, California Establishing a Term of the Office of, and a Selection Process for Mayor and Mayor Pro Tempore," is hereby repealed in its entirety.
7. This resolution shall be effective immediately upon adoption. * * * * * * * * * * * *
Res. 12-210
PASSED AND ADOPTED by the City Council of the City of Madera this 5th day of December, 2012 by the following vote:
AYES: Council Members Poythress, Holley, Robinson, Bomprezzi, Svanda, Frazier, Medellin.
NOES: None.
ABSTENTIONS: None.
ABSENT: None.
ROBERT
AJl'/4
L. POYTHrufs·s,
~ Mayor
ATTEST:
SONIAALVARE~ ~ ~
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
By: BRENT RICHARDSON
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 6, 2023
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:
Seek Direction Regarding the Regular City Council Meetings Scheduled 2024 RECOMMENDATION:
Deliberation and Direction Given from Council
DISCUSSION:
The City Council (Council) meets on the 1st and 3rd Wednesday evenings. Attachment 1 identifies tentative Council meeting dates for 2024. A few items worth highlighting:
The first regular Council meeting in 2024 falls on Wednesday, January 3, 2024. The City is a member of the League of California Cities which hosts various conferences.
A couple of conferences that Council members commonly attend include:
o Mayors and Councilmembers Academy: January 24-26, 2024 o City Leaders Summit: April 17 – 19, 2024
o Annual Conference & Expo: October 16-18, 2024
Madera Unified School District - Jr. High and High School Graduations: June 4-6, 2024. November 5, 2024 – General Election
Potential Schedule Conflicts
Similar to many events, there are schedule conflicts with holidays and other events. Some possible options:
January 3, 2024: Potential options include:
o Cancel the meeting, thus there would be no scheduled meetings in January E-2
o Conduct a special meeting on Wednesday, January 31st, 2024, the 5th Wednesday of the month, or another Special Meeting date
Mayors & Councilmembers Academy, Sacramento, CA: January 24-26, 2024 o No anticipated conflicts
City Leaders Summit, Sacramento, CA: April 12-14, 2024 o Conduct the meeting as scheduled
o Cancel the meeting, due to lack of quorum, as members attend the City Leaders Summit
Annual Conference & Expo: Long Beach, CA: October 16-18, 2024. September 16th is the second Wednesday of the month, a scheduled Council meeting date. Potential options include:
o Conduct the meeting as scheduled
o Cancel the meeting, due to lack of quorum, as members attend the League of Cities Annual Conference
Madera Unified School District – Jr. High and High School Graduation: June 4-6, 2024 o Cancel the meeting, thus only having one meeting in June o Conduct the meeting as scheduled
November 5, 2024, General Election
o Cancel the meeting, thus only having one meeting in November o Conduct the meeting as scheduled
Potential new meeting date
It has come to staff’s attention that due to the League of California Cities conference impacting the regular scheduled meeting on October 16, 2024, and the potential subsequent cancellation of the November 6, 2024 meeting due to the General Election held the night prior, the City is faced with an extensive gap between Council meetings, approximately spanning nearly 7 weeks.
Considering the potential work volume and unforeseen items that may arise during this period, it is staff's recommendation that the Council deliberate on the inclusion of a special meeting in the City's schedule on October 30, 2024.
The addition of a special meeting on October 30, 2024, would help mitigate the lengthy gap between scheduled Council meetings and ensure that the City addresses any pressing matters or emergent issues that may arise.
FINANCIAL IMPACT:
None.
ALTERNATIVES:
Several alternative approaches and options are available for the Council's consideration. These alternatives aim to ensure a cohesive and effective meeting schedule aligned with the Council's objectives and operational requirements:
1. Request for Clarification: Requesting more details or specific considerations can facilitate a more informed decision regarding the Council calendar.
2. Postpone Decision to a Future Meeting: The Council may opt to defer the final decision on the Council calendar for 2024 to a future meeting. This postponement allows for additional time to assess potential factors influencing the scheduling decisions prior to finalizing the meeting dates.
3. Provide Alternative Meeting Date Suggestions: Council members may propose alternative meeting dates or suggest adjustments to the proposed schedule. This option allows for flexibility in accommodating specific preferences or addressing potential conflicts while ensuring the Council's ability to convene effectively.
ATTACHEMENT:
4. 2024 Draft City Council Meeting Schedule
Draft - City Council
2024 Meeting Schedule
January February March
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31 April May June
S M T W T F S S M T W T F S S M T W T F S
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30 July August September
S M T W T F S S M T W T F S S M T W T F S
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October November December
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31
Meetings are held on the 1st & 3rd Wednesday of the month at 6 PM in the Council Chambers at City Hall, 205 W. 4th St., Madera, City Council Meeting LOCC – Mayors & Council Academy 1/24-1/26/24 ½ day closure (Good Friday, Dec. 24/31) LOCC – City Leaders Summit 4/17-4/19/24 City Holiday LOCC – 2024 Annual Conference & Expo 10/16-10/18/24 Holiday Closure Dec. 26-31, 2024 Potential meeting date (to be determined by Council)
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Informational report on laws and regulations surrounding panhandling RECOMMENDATION:
This report is for informational purposes only and there is no formal action requested from the City Council (Council)
SUMMARY:
At the November 1, 2023, City Council meeting, Council made a formal request for comprehensive information concerning the legal framework and regulatory guidelines pertaining to panhandling within the City
DISCUSSION:
Panhandling, which involves individuals requesting items such as food or money, can encompass both passive and aggressive approaches. It's worth noting that while some individuals may find panhandling concerning or uncomfortable, it remains a complex issue in communities.
Often, there's a perception that resolving panhandling concerns falls within the purview of law enforcement. However, addressing panhandling requires a multifaceted approach involving various stakeholders beyond law enforcement alone. While law enforcement may play a role in ensuring public safety and enforcing relevant laws, a comprehensive solution may involve collaboration among social services, community organizations, local government, and law enforcement agencies.
Communities frequently request additional measures from cities to regulate panhandling. These requests may include the establishment of specific regulations, ordinances, or programs aimed at managing or mitigating the impact of panhandling on public spaces and community welfare.
Council Meeting of: December 6, 2023
Agenda Number: E-3
Efforts to address panhandling issues often seek a balance between ensuring public safety, respecting individual rights, and offering assistance to those in need. Successful strategies may involve not only regulatory measures but also community outreach, education, and the provision of resources to support individuals experiencing homelessness or economic hardships.
The following outline some of the laws and practices commonly employed to address panhandling:
Federal Law
Panhandling intersects with free speech rights protected by the Constitution. Panhandling is a form of “speech” protected by the First Amendment. As a result, any State or local regulations regulating panhandling must pass Constitutional scrutiny in order to be legally valid.
State Law
Similar to the First Amendment of the U.S. Constitution, California also has a liberty of speech clause in its Constitution that applies to protected speech. Additionally, there are certain limitations placed on enforcing agencies by State statutes. Penal Code 647(c) makes it illegal to “accost other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.” This sort of accosting is commonly referred to as “aggressive” panhandling. Only aggressive panhandling is an offense. All other types of panhandling are considered “passive” panhandling and is not illegal in and of itself.
The prohibition on aggressive panhandling in “public spaces” includes streets, sidewalks, public transportation, parks, government buildings (such as City Hall), and public parking lots. However, it does not apply to “private” spaces such as shopping centers and malls, parking lots outside of privately owned stores, apartment buildings (with some exceptions), residential homes and properties, etc.
Individuals guilty of violating Penal Code 647(c) can receive additional charges depending on the specific circumstances surrounding this offense. Some of the most common legal violations that occur with such violations are:
▪ Penal Code 415: Disturbing the peace;
▪ Penal Code 602: Trespassing;
▪ Penal Code 646.9: Stalking;
▪ Penal Code 647: Disorderly conduct; and
▪ Penal Code 647c: Malicious obstruction of movement in public place.
Local Laws
In general, a city has the power to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public. This means that local governments such as the City can enact ordinances to prohibit certain types of activities that may be related to aggressive or even passive panhandling. However, these ordinances must still comply with state and federal laws, including any Constitutional restrictions.
Here, the City hasrelied on existing State law and has not passed an ordinance directly regulating solicitation and related activities on a local level. However, there are existing local prohibitions on sidewalk obstructions (MMC §3-4.01), excessive noise (MMC §3-11.01), use of intoxicants in public places (MMC § 4-2.02), certain conduct near schools (MMC§ 4-11.01) and other public nuisances. Violation of the City’s municipal code may be an infraction or misdemeanor depending on the offense.
Current Enforcement Practices
Currently, the Police department primarily relies on Penal Code 647(c) for enforcement of aggressive panhandling in public spaces. The Penal Code is very specific when describing the behavior of the individual performing the act. The use of the word “accost” and caselaw specifies the behavior must be “aggressive” in nature to constitute an arrestable offense. As a general rule, Police Officers typically encounter passive panhandling where individuals express a calm and agreeable demeanor when requesting donations and are not exhibiting behaviors that obstruct public access to roadways, walkways, or any other public facility. Passive panhandling is not a violation of the law. The Police Department also enforces actions related to safety concerns which can also include all types of panhandling or requests for donations or contributions. For example, the Police Department enforces traffic and safety laws when individuals walk within the roadway to retrieve donations.
Enforcement Practices in Other Jurisdictions
Local governments have attempted to expand enforcement abilities by enacting local ordinances.
Specifically, the City of Fresno has passed several ordinances limiting an individual’s ability to solicit. The city prohibits individuals from soliciting in certain public places such as bus stops, public parking lots, near an automated teller machine (ATM), and throughout various dining areas. Fresno went further to require representatives soliciting contributions for a charitable or religious purpose to register with the Controller prior to collection. Lastly, Fresno prohibits individuals from loitering on a median island without a City issued permit. These ordinances do not undermine the State’s Penal Code but provide expanded and detailed enforcement guidelines for police and code enforcement officers.
The City of Merced also has several ordinances which limit aggressive solicitation, including distance criteria from certain places, as well as soliciting or lingering on a median island.
In contrast the City of Chowchilla does not appear to have any local regulations regarding panhandling. The City of Clovis had some regulations on the solicitating of money, which was repealed in 2009. Today, Clovis does not appear to have any current municipal code restrictions on panhandling.
If the Council is so inclined, it can potentially impose certain regulations that could affect aggressive panhandling. As noted above, panhandling is generally considered “speech” that is protected by the U.S. and California Constitutions. However, while the content of the speech cannot be regulated, cities do have authority to impose certain time, place, and manner restrictions on speech. In this regard, the regulation be “justified” by legitimate concerns that are unrelated to any “disagreement with the message” conveyed by the speech.
This summary encapsulates some common laws and practices employed by communities to manage and address panhandling. The effectiveness of these measures often relies on a multifaceted approach that balances legal considerations, community well-being, individual rights, and support systems for those in need. Adjustments can be made to tailor these measures to specific local contexts and needs.
FINANCIAL IMPACT:
The financial impact attributed to the preparation of this staff report is nominal, reflecting the standard resource allocation dedicated to information gathering and report preparation.
However, should the Council direct staff to undertake the creation of a local ordinance aimed at curbing panhandling within the City, there may be an associated increase in costs. The extent of this potential financial impact is challenging to quantify conclusively at this juncture.
ALTERNATIVES:
This report is for informational purposes only.