Agenda packet — Madera City Council, February 7, 2024 (part 1 of 2)

Update 2/1/2024 at 9:00 p.m. Madera City Council Agenda Page 1 of 6 February 7, 2024

REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637

NOTICE AND AGENDA
Wednesday, February 7, 2024 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900- 6833 enter ID: 882 3192 3941#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER:

ROLL CALL: Mayor Santos Garcia
Mayor Pro Tem Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Chaplain David Doughtery, Valley State Prison PLEDGE OF ALLEGIANCE:

APPROVAL OF AGENDA:

PUBLIC COMMENT:

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

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

WRITTEN COMMUNICATIONS: None
Update 2/1/2024 at 9:00 p.m. Madera City Council Agenda Page 2 of 6 February 7, 2024
PRESENTATIONS:

1. Proclamation Recognizing February as Black History Month

2. Mid Valley Disposal Recycler of the Year Award

3. Madera County Arts Authority Update
INTRODUCTIONS: None
A. WORKSHOP: None
B. CONSENT CALENDAR:

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

B-1 Minutes – January 17, 2024
Recommendation: Approve the City Council Minutes of January 17, 2024 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for January 6, 2024 to January 26, 2024 (Report by Michael Lima)
B-3 Piggyback Purchase Agreements for Fleet Division-related Purchases Recommendation: Adopt a Resolution Approving State of California Piggyback Agreements for the Purchase of Six Pickup Trucks and an Accompanying Appropriations Amendment Increasing Various Budgets to Pay for Additional Costs Associated with these Vehicle Purchases (Report by Michael Lima)
B-4 Informational Report on Contract City Attorney Services and Litigation Expenditures Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Arnoldo Rodriguez)
B-5 Adoption of Updated City of Madera Full Time Salary Schedule Recommendation: Adopt a Resolution Approving the Revised City of Madera Full Time Salary Schedule Reflecting a Two Percent (2%) Cost-of-Living Adjustment effective December 30, 2023, for Certain Positions (Report by Wendy Silva)
B-6 Continuing Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms
Recommendation: Adopt a Resolution Continuing the Declaration Proclaiming the Existence of a Local Emergency – January 2023 Winter Storms in accordance with Madera Municipal Code Title III, Chapter 2 (Report by Wendy Silva) Update 2/1/2024 at 9:00 p.m. Madera City Council Agenda Page 3 of 6 February 7, 2024
B-7 Amendment No. 2 to an Agreement with Beyaz and Patel Inc. Regarding the Loy Cook Water Tower
Recommendation: Adopt a Resolution Approving Amendment No. 2 to the Consultant Services Agreement with Beyaz & Patel Inc. for the Preparation of Engineering Plans and Specifications for the Renovation of the Loy Cook Water Tower (Report by Keith Helmuth)
B-8 Budget Amendment to Allow Reimbursement to Origo Cold Madera Phase I, LLC for Certain Improvements Associated with Amond World
Recommendation: Adopt a Resolution Approving a Budget Amendment Increase of $536,569.30 for the Purpose of Reimbursing Origo Cold Madera Phase I, LLC for Certain Improvements Completed in Connection to the Reimbursement Agreement (Agreement) (Report by Keith Helmuth) C. PUBLIC HEARINGS:

C-1 6:45 P.M. - Public Hearing No. 4 for Updating of City Councilmember District Boundaries for Annexed Property
Recommendation: Conduct a Public Hearing to Receive Public Input on District Boundaries to Account for Property Annexed to the City (Report by Alicia Gonzales) C-2 Consideration of Rezone Application No. REZ 2022-04 for ±57.53 Acres of Property Located on the Southwest Corner of the Intersection of West Pecan Avenue and Stadium Road (Rd 26½) and associated Mitigated Negative Declaration
Recommendation: The City of Madera Planning Commission recommends the City Council hold a public hearing, make the necessary findings, and take action as follows:

1. Waive Full Reading and Introduce an Ordinance of the City Council approving Rezone 2022-04 amending the Official Zoning Map of the City of Madera to rezone the ±57.53-acre Project Site from the R-1 (Residential, One unit for Each 6,000 square feet of site area) zone district to the PD-4500 (Planned Development, One unit for each 4,500 square feet of site area) zone district (Report by Will Tackett) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 California Partnership for the San Joaquin Valley Nominees Recommendation: Adopt a Minute Order nominating two Councilmembers for the selection process to fill a vacancy on the California Partnership for the San Joaquin Valley (Report by Arnoldo Rodriguez)
D-2 Consider an Ordinance to Amend Section 8-7.08 (D) of the Madera Municipal Code Involving Delinquent Date for Payment of Municipal Utilities
Recommendation: Waive Full Reading and Introduce an Ordinance Amending Section 8-7.08 (D) of the Madera Municipal Code to Change Utility Bill Payment Dates (Report by Michael Lima)
Update 2/1/2024 at 9:00 p.m. Madera City Council Agenda Page 4 of 6 February 7, 2024
D-3 Contract Award for Engineering Services at Wastewater Treatment Facility Recommendation: Adopt a Resolution Awarding a Contract for Engineering Services at the Wastewater Treatment Facility in Response to Request for Proposal (RFP) No. 202324-19 to Stantec Consulting Services, Inc., for $582,000.00 (Report by Ismael Hernandez)
D-4 Indemnification and Cost Recovery Agreements for Commercial Cannabis Business (CCB) Permits
Recommendation: Adopt a Resolution Approving the Indemnification and Cost Recovery Agreements between the City of Madera and Commercial Cannabis Business (CCB) Permit Recipients in Accordance with Section 6-5.34 of the City Municipal Code (CMC) (Report by Will Tackett)
D-5 Agreement with Juarez Brothers General Engineering for McNally Park Basketball Courts Reconstruction Project
Recommendation: Adopt a Resolution Awarding a Contract under Invitation for Bids (IFB) No. 202324-24 to Juarez Brothers General Engineering for the McNally Park Basketball Courts Reconstruction for $218,353.00 (Report by Joseph Hebert)
E. ADMINISTRATIVE REPORTS:

E-1 Select Proclamation Recipients for the Month of March 2024 Recommendation: Request for Councils selection of recipients for the Proclamation Recognizing Red Cross Month and the Proclamation Recognizing Women’s History Month (Report by Alicia Gonzales)
E-2 Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Palestine
Recommendation: Adopt a Minute Order Approving a Proclamation Affirming Madera’s Commitment and Support for an Immediate and Permanent Ceasefire in all of Palestine (Report by Alicia Gonzales)
E-3 Caltrans State Route 145 Yosemite Avenue Project Update Recommendation: This report is submitted to the City Council (Council) to provide an update on the progress of the Caltrans State Route 145 Yosemite Avenue Project (Project) (Report by Keith Helmuth)
E-4 Informational Report on Madera City Fire Activities Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Justin Macomb)
E-5 Madera County Economic Development Commission 2024/25 Annual Basic Service Level Budget
Recommendation: The EDC recommends the City Council Adopt a Minute Order Approving the 2024/25 Basic Service Level Budget as Submitted (Report by Darren Rose)
Update 2/1/2024 at 9:00 p.m. Madera City Council Agenda Page 5 of 6 February 7, 2024
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION: None
ADJOURNMENT:

UPCOMING MEETING DATES:
 Wednesday, February 21, 2024
 Wednesday, March 6, 2024

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

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

When making a request, please provide sufficient detail that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 The services of a translator can be made available. Please contact the City Clerk’s Office at (559) 661- 5405 or emailing [email protected] to request translation services for this meeting. Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be submitted in advance of the meeting to allow the City sufficient time to provide or arrange for the requested services. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

Update 2/1/2024 at 9:00 p.m. Madera City Council Agenda Page 6 of 6 February 7, 2024
I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council for February 7, 2024, near the front entrances of City Hall and on the City’s website www.madera.gov at 9:00 p.m. on February 1, 2024. _______________________
Alicia Gonzales, City Clerk

Minutes of a Regular Meeting of the Madera City Council and Minutes of a Special Meeting of the Madera City Council as Successor Agency to the Former Madera Redevelopment Agency January 17, 2024 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. This meeting will also be available for public viewing and participation through Zoom. Members of the public may also observe the live streamed meeting on the City’s website at www.madera.gov/live. Members of the public may comment on agenda items at the meeting or remotely through an electronic meeting via phone by dialing (669) 900-6833 enter ID: 815 9455 3057#. Comments will also be accepted via email at [email protected] or by regular mail at 205 W. 4th Street, Madera, CA 93637.

CALL TO ORDER: Meeting was called to order at 6:02 p.m.

ROLL CALL:

Present: Mayor Santos Garcia
Mayor Pro Tem Cece Gallegos, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Artemio Villegas, District 6

Absent: Councilmember Elsa Mejia, District 5
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, Chief Building Official Rafael Magallan, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Fire Battalion Chief Ralph Duran, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Police Commander Josiah Arnold, Public Works Director Ismael Hernandez, Financial Services Manager Anthony Forestiere and Wastewater Treatment Plant Manager Gabriel Bostan.

INVOCATION: Pastor Tim Echevarria, Remnant Church
PLEDGE OF ALLEGIANCE: Councilmember Rodriguez
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA WITH THE REMOVAL OF BOTH CLOSED SESSION ITEMS WAS APPROVED BY A 6/0 VOTE. NOES:

NONE. ABSENT: COUNCILMEMBER MEJIA. ABSTAIN: NONE.

Item: B-1
Minutes for: 01/17/2024
Adopted: 02/07/2024
City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 2 of 9
PUBLIC COMMENT:

Shannon Vasquez mentioned that roosters in a residential area are a nuisance. Chickens don’t need roosters to lay eggs. She is woken up by the neighbor’s rooster at 4:00 a.m. in the morning. She stated she has contacted Code Enforcement and Animal Control. She asked that Council ban roosters from residential areas.

A member of the public thanked Councilmember Evans for sharing the story of her (Councilmember Evans’) daughter. She stated that in previous meetings, the Mayor had reminded her that she only had three (3) minutes to speak. She added that she doesn’t understand what the big deal is when a person goes over the three (3) minutes.

Omair Javaid of Financial Services spoke on the current Palestine issue. He stated that 32,000 have died; half of them are children. There are also 60,000 critically injured people. Mr. Javaid stated it is a modernday holocaust. He asked that the Council adopt a proclamation for a cease fire in Palestine.

A member of the public stated she is Mexican American and is speaking up for minorities and the oppressed people. She urged Council to adopt a proclamation for a cease fire in Palestine.

Yasser, a member of the public, stated he is Palestinian and thanked those who spoke who are not even Palestinian. He said the public is seeing what they (Palestine) have been dealing with for over 75 years.

It didn’t start on October 7, 2023; it has been going on since before 1948. The difference is that with social media, others see what they have been dealing with. Yasser stated that parents are labeling their children’s limbs, so they can identify their children’s body parts when they have been killed. He asked that they stop the genocide. Passing a resolution would mean a lot.

Kimberly Farias, Field Representative with the Office of Assemblywoman Soria gave a summary of their team’s successful year which included securing millions of dollars for their district, getting six (6) bills signed into law, held 500 meetings and attended over 100 events across a district of 14 cities in three (3) counties. Assemblywoman Soria is serving on the Agricultural Committee this year where she will work on behalf of her constituents. Ms. Farias stated they have an office in Merced and a satellite site in Fresno.

They are open Monday thru Friday from 9:00 a.m. to 5:00 p.m. They can assist with EDD, DMV, State taxes and licenses. Constituents should contact them if they need support or certificates.

Hyad, a member of the public, stated she is from Yamen. Yamen is also being bombed by the U.S. (United States) and the U.K. (United Kingdom) for speaking out for Gaza. The 60,000 critically injured that were mentioned earlier need medical assistance. The children are having amputations without anesthesia or pain medication. Hyad stated that parents are labeling their children’s limbs, so they can identify their children’s body parts when they have been killed. She stated this is genocide and she doesn’t understand how their country, U.S. (United States), is ok with this.

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

WRITTEN COMMUNICATIONS: None
City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 3 of 9
PRESENTATIONS:

1. Proclamation Recognizing Human Trafficking Prevention Month

2. Proclamation Recognizing National Mentoring Month

3. Proclamation Recognizing National Law Enforcement Appreciation Day INTRODUCTIONS:

1. Gary Price, Director of Information Technology
A. WORKSHOP:

A-1 Utility Billing Schedule Workshop (Report by Michael Lima) A-2 Transit Workshop (Report by Michael Lima)
B. CONSENT CALENDAR:

ON MOTION BY COUNCILMEMBER GALLEGOS AND SECONDED BY COUNCILMEMBER EVANS, THE CONSENT CALENDAR WITH A CORRECTION TO ITEM B-9 (THE EVENT IS ON SUNDAY NOT SATURDAY) WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA. ABSTAIN: NONE.

B-1 Minutes – December 20, 2023
Recommendation: Approve the City Council Minutes of December 20, 2023 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for December 9, 2023 to January 5, 2024 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-4 Appointment to the Civil Service Commission
Recommendation: Adopt a Resolution Appointing Shawn Griffin to the Civil Service Commission (Report by Wendy Silva)
RES 24-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING SHAWN GRIFFIN TO THE CITY OF MADERA CIVIL SERVICE

COMMISSION
B-5 Revisions to Administrative Policy 64 – Paid Sick Leave for Part Time, Temporary, and Seasonal Employees
Recommendation: Adopt a Resolution Approving Revisions to Administrative Policy (AP) 64 – Paid Sick Leave for Part Time, Temporary, and Seasonal Employees Pursuant to California Senate Bill (SB) 616 (Report by Wendy Silva) City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 4 of 9
RES 24-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING REVISIONS TO ADMINISTRATIVE POLICY 64: PAID SICK LEAVE

FOR PART TIME, TEMPORARY, AND SEASONAL EMPLOYEES
B-6 First Amendment to Agreement for Medical Services with Occu-Med Recommendation: Adopt a Resolution Approving a First Amendment to the Medical Services Agreement with Occu-Med (Report by Wendy Silva)
RES 24-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A FIRST AMENDMENT TO THE MEDICAL SERVICES

AGREEMENT WITH OCCU-MED
B-7 Amendment to the Application for Transportation Development Act (TDA) – Local Transportation Funds (LTF) and State Transit Assistance (STA) Funds for Fiscal Year (FY) 2023/24
Recommendation: Adopt a Resolution Approving the Amendment to the Applications for TDA – LTF and STA Funds for FY 2023/24 and Authorizing the City Engineer to Execute and Submit the Applications to the Madera County Transportation Commission (MCTC) (Report by Keith Helmuth) RES 24-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING AMENDMENTS TO THE APPLICATIONS FOR TRANSPORTATION DEVELOPMENT ACT (TDA) – LOCAL TRANSPORTATION

FUNDS (LTF) AND STATE TRANSIT ASSISTANCE (STA) FUNDS FOR FISCAL YEAR (FY) 2023/24 AND AUTHORIZING THE CITY ENGINEER TO EXECUTE

AND SUBMIT THE APPLICATIONS TO MADERA COUNTY

TRANSPORTATION COMMISSION (MCTC)
B-8 Amend Budget in Various Development Impact Fee Funds and the Measure A Fund Recommendation: Adopt a Resolution Amending the Fiscal Year 2023-2024 Budget in Various Development Impact Fee Funds and the Measure A Fund to Provide Expenditure Authority for Anticipated Payments (Report by Michael Lima)
RES 24-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE CITY'S FISCAL YEAR 2023/24 BUDGET BY $1,774,819 TO FUND SETTLEMENT PAYMENTS FROM VARIOUS

DEVELOPMENT IMPACT FEE FUNDS AND THE MEASURE A FUND
B-9 Fee Waiver for McNally Park Rental
Recommendation: Adopt a Resolution Waiving Rental Fees for McNally Park, Related to the Black History Month Celebration (Report by Joseph Hebert) RES 24-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA WAIVING RENTAL FEES FOR THE 3rd ANNUAL BLACK HISTORY MONTH EVENT IN THE AMOUNT OF $620.35
C. PUBLIC HEARINGS:

C-1 Annual Report Regarding Development Impact Fees for the 2022-2023 Fiscal Year City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 5 of 9
Recommendation: Conduct Public Hearing and Approve Resolution Adopting the Annual Report on Development Impact Fees (AB 1600) for Fiscal Year 2022-2023 and Make Findings Regarding the Continued Need for Certain Development Impact Fees (Report by Michael Lima)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM C-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA ADOPTING THE ANNUAL REPORT ON DEVELOPMENT
IMPACT FEES (AB 1600) FOR FY 2022-2023 AND MAKING FINDINGS

REGARDING THE CONTINUED NEED OF CERTAIN DEVELOPMENT IMPACT FEES
C-2 6:45 P.M. - Public Hearing No. 3 for Updating of City Councilmember District Boundaries for Annexed Property
Recommendation: Conduct a Public Hearing to Receive Public Input on District Boundaries to Account for Property Annexed to the City (Report by Alicia Gonzales) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Recognized Obligation Payment Schedule (ROPS) Representing Period of July 1, 2024 to June 30, 2025, for the City as the Successor Agency (Action on this item by the Successor Agency) Recommendation: Actions Related to Successor Agency Annual Budget Reporting to the Department of Finance:

1. Adopt a Resolution Adopting the Recognized Obligation Payment Schedule (ROPS) Representing Period of July 1, 2024 to June 30, 2025, for the City as the Successor Agency of the Former Madera Redevelopment Agency; and

2. Adopt a Resolution Approving the Administrative Budget for the City as the Successor Agency of the Former Madera Redevelopment Agency of the City for the Period of July 1, 2024 – June 30, 2025 (Report by Michael Lima)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-1 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

SA 24-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AS THE

SUCCESSOR AGENCY OF THE FORMER MADERA REDEVELOPMENT

AGENCY OF THE CITY OF MADERA, ADOPTING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS) 24‐25 PURSUANT TO SECTION 34177 OF THE CALIFORNIA HEALTH AND SAFETY CODE FOR FISCAL YEAR 2024‐2025 FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025 SA 24-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA AS THE

SUCCESSOR AGENCY TO THE FORMER MADERA REDEVELOPMENT

AGENCY OF THE CITY OF MADERA, APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR JULY 1, 2024 THROUGH JUNE 30, 2025 City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 6 of 9
D-2 Update of the City’s Investment Policy
Recommendation: Adopt a Resolution updating the City’s Investment Policy (Report by Michael Lima)

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-2 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, ADOPTING THE 2024 CITY OF MADERA INVESTMENT POLICY D-3 California Office of Emergency Services Grant Subaward Recommendation: 1. Adopt a Resolution Accepting a Grant Subaward from the California Office of Emergency Services in the Amount of $950,000; and

2. Adopt a Resolution Amending the City’s 2023/24 Budget to Reflect Revenues and Expenditures Related to the Grant (Report by Giachino Chiaramonte)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY MAYOR PRO TEM GALLEGOS, ITEM D-3 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ACCEPTING A GRANT SUBAWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES IN THE AMOUNT OF $950,000
RES 24-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2023/2024 BUDGET
D-4 Acceptance of a Donation to the Police Department
Recommendation: Adopt a Resolution Accepting a Donation from Various Local Business Owners in the Amount of $4,500 and Amending the City’s 2023/24 Budget to Reflect Revenues and Expenditures Related to the Donation (Report by Giachino Chiaramonte)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-4 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING A DONATION TO THE POLICE DEPARTMENT FOR $4,500 AND AUTHORIZING AND APPROVING AMENDMENTS TO THE CITY OF MADERA FISCAL YEAR 2023/2024 BUDGET
D-5 Agreement for Lions Town & Country Park Restroom Renovation Project Recommendation: Adopt a Resolution Awarding a Contract Under Invitation for Bids (IFB) No. 202324-05 to David J. Boyle Electric Shop for the Lions Town & Country Park Restroom Renovation for $164,000 (Report by Joseph Hebert)
City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 7 of 9

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-5 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AWARDING IFB NO. 202324-05 TO DAVID J.

BOYLE ELECTRICAL SHOP FOR THE RENOVATION OF RESTROOM AT TOWN & COUNTRY PARK IN THE AMOUNT OF $164,000
D-6 Authority for Centennial Park Pool Complex Upgrades and Repairs Recommendation: Adopt a Minute Order authorizing the City Manager to enter into a Contract for the Centennial Park Pool Complex Upgrades and Repairs Project up to an Amount not to Exceed $210,000 (Report by Joseph Hebert)

ON MOTION BY MAYOR PRO TEM GALLEGOS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-6 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT:

COUNCILMEMBER MEJIA. ABSTAIN: NONE.

RES 24-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO A

CONTRACT WITH TBD FOR THE CENTENNIAL PARK POOL COMPLEX

UPGRADES AND REPAIRS PROJECT UP TO AN AMOUNT NOT TO EXCEED $210,000
D-7 Purchasing Agent Agreement with the County of Madera Relating to the CalFresh Healthy Living Program
Recommendation: 1. Adopt a Resolution Approving a Purchasing Agent Agreement with the County of Madera in the amount of $27,000 relating to CalFresh Healthy Living Program and ending September 30, 2024; and

2. Adopt a Resolution Amending the City’s Fiscal Year 2023/24 Budget approving related revenue and expenditure line items relating to the execution of the CalFresh Healthy Living Program (Report by Joseph Hebert)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-7 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING A PURCHASING AGENT AGREEMENT WITH THE COUNTY OF MADERA IN THE AMOUNT OF $27,000 RELATING TO

CALFRESH HEALTHY LIVING PROGRAM
RES 24-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2023/24 BUDGET APPROVING

RELATED EXPENDITURE LINE ITEM RELATING TO CALFRESH HEALTHY

LIVING PROGRAM
D-8 Madera Rotary Club Donation of $1,000 during FY 2023/24 City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 8 of 9
Recommendation: 1. Adopt a Resolution Accepting Madera Rotary Club’s Donation of $1,000; and

2. Adopt a Resolution Amending the City’s Fiscal Year 2023/24 Budget Approving a Related Revenue and Expenditure Line Item Relating to the Appropriation of Madera Rotary Club’s $1,000 Donation Amount (Report by Joseph Hebert)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-8 WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA.

ABSTAIN: NONE.

RES 24-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ACCEPTING $1,000 IN DONATION FUNDS FROM THE

MADERA ROTARY CLUB
RES 24-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2023/24 BUDGET APPROVING

RELATED REVENUE AND EXPENDITURE LINE ITEMS RELATING TO THE $1,000 DONATION MADE BY THE MADERA ROTARY CLUB
E. ADMINISTRATIVE REPORTS: None.

E-1 Select Recipient for the Proclamation Recognizing February as Black History Month Recommendation: Request for Councils selection of a recipient for the Proclamation Recognizing February as Black History Month (Report by Alicia Gonzales) City Attorney Shannon Chaffin advised Council that they can either choose to recognize someone as the recipient or they can make it a general proclamation without identifying a recipient.

Councilmember Evans recommended Ella May Williams as the recipient. Ms. Williams has been a teacher with Madera Unified School District for over 35 years and she was also born and raised in Madera.

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR GARCIA, ITEM E-1 TO

RECOGNIZE ELLA MAY WILLIAMS AS THE RECIPIENT OF THE PROCLAMATION FOR BLACK HISTORY MONTH WAS APPROVED BY A 6/0 VOTE. NOES: NONE. ABSENT: COUNCILMEMBER MEJIA. ABSTAIN: NONE.

F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

Mayor Pro Tem Gallegos asked for a future agenda item where the Fire Department updates them on the refurbishing of Station 56 and Station 57 and give them updates on inspections.

She welcomed Director of IT Gary Price. Mayor Pro Tem Gallegos stated that she liked that the agenda was organized, so that staff members were able to present their items one after the other. Not having staff bounce up and away from the podium was well received by her.

City of Madera City Council Minutes
205 W. 4th Street January 17, 2024
Madera, CA 93637 Page 9 of 9
Councilmember Rodriguez welcomed Director of IT Gary Price. He asked that a proclamation for a cease fire in the Middle East be brought to a future agenda.

Councilmember Montes hopes everyone has a good New Year.

Councilmember Evans stated the Christmas Extravaganza was outstanding. They were able to service and bless more than 350 children from James Monroe Elementary with toys. The event was held at the James Monroe Elementary cafeteria. Some of the children didn’t find a toy that they wanted and instead chose a toy for a sibling. She thanked the following for their participation in the event: Brett Frasier (Santa), Mayor Santos Garcia, Supervisor Gonzalez, Stephanie Nathan (NAACP), Alicia Brown (Madera High), City Manager Arnoldo Rodriguez, Police Department, Fire Department, individuals from the Democratic Club and Principal Perez.

She hopes her colleagues will come out this year and that maybe, Santa can arrive on the fire engine as the children would enjoy that. She welcomed Director of IT Gary Price.

Councilmember Villegas stated he is a member of the League of California Cities Environmental [Quality Policy Committee] and he looks forward to reviewing and possibly revising State environmental policies. California has a high percentage of air contamination and he believes everyone should have better air quality.

Mayor Garcia mentioned that the following were just some of the things that happened in the past two (2) weeks. In-N-Out Burger opened, Fit Nation Gym opened, there was a Prayer March from Yosemite Avenue to Courthouse Park and a new Batting Cage business opened. There is positive news going forward regarding a new casino. He believes the casino will be a tremendous opportunity for Madera. Mayor Garcia thanked staff for their work. He reiterated that the Closed Session items had been pulled off the agenda and adjourned the meeting.

G. CLOSED SESSION: (Items were pulled off the agenda. No Closed Session.) G-1 Public Employee Performance Evaluation - Pursuant to Government Code Section §54957(b)(1)
Title: City Manager
G-2 Conference with Labor Negotiators - Pursuant to Government Code §54957.6 Unrepresented Employee: City Manager
ADJOURNMENT: Meeting was adjourned at 8:44 p.m.

UPCOMING MEETING DATES:
 Wednesday, February 7, 2024
 Wednesday, February 21, 2024

ALICIA GONZALES, City Clerk SANTOS GARCIA, Mayor
_______________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 7, 2024
_________________________________ Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for January 6, 2024 to January 26, 2024 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of January 6, 2024 to January 26, 2024 is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 38278 – 38360 $1,621,805.68
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes Union Bank $673,479.24
SDI EDD $2,893.96
CalPERS Payment CalPERS $430,788.06
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2023/2024 Adopted Budget and released for payment every Monday. Each demand has been audited and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per the request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2023/2024 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38278 01/12/2024 PD OPS PD OPS CALIFORNIA PEACE OFFICERS ASSOCIATION DEPARTMENT MEMBERSHIP 2024 $ 1,500.00 38279 01/12/2024 PD OPS PD OPS KER'S GAS & LUBE, INC. 09/23 PD CAR WASHES $ 710.00 38280 01/12/2024 ENGINEERING ENGINEERING ACRO SERVICE CORPORATION TEMP SERVICES - ENGINEERING $ 2,800.00 38281 01/12/2024 GRANTS PROP 1B PTMISEA RRM DESIGN GROUP PROFESSIONAL ENG DESIGN - INTERMODAL FACILITY $ 3,406.00 38282 01/12/2024 PD OPS MEAS K - PD DAVID J. BOYLE PD - REPORT ROOM REMODEL PYMT #1 $ 17,894.00 38283 01/12/2024 FINANCE PAYROLL TRUST EMPLOYMENT DEVELOPMENT DEPARTMENT EMPLOYMENT TAX FOR 12/22/23 $ 100.59 38284 01/12/2024 GRANTS PROP 1B PTMISEA STANTEC ARCHITECTURE INC. TRANSIT CENTER CANOPY DESIGN $ 8,294.00 38285 01/12/2024 PD OPS PD OPS TIM J LAW EMPLOYMENT BACKGROUND $ 700.00 38286 01/12/2024 PD OPS PD OPS CRISCOM PUBLIC RELATIONS, INC. GRANT RESEARCH & WRITING SERVICES - 01/24 $ 4,000.00 38287 01/12/2024 PD OPS PD OPS TRILOGY MEDWASTE WEST LLC REUSABLE TUB - MEDICAL WASTE $ 342.10 38288 01/12/2024 FIRE MEAS K - FIRE BAUER COMPRESSORS, INC BUDDY BREATHERS FOR SCBA'S $ 6,997.20 38289 01/12/2024 FINANCE AIRPORT OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 127.61 38289 01/12/2024 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 323.05 38289 01/12/2024 FINANCE ANIMAL CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 144.30 38289 01/12/2024 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 189.49 38289 01/12/2024 FINANCE BUILDING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 45.24 38289 01/12/2024 FINANCE CODE ENF VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 203.65 38289 01/12/2024 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 443.41 38289 01/12/2024 FINANCE DRAINAGE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 174.35 38289 01/12/2024 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 160.39 38289 01/12/2024 FINANCE ENGINEERING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 259.76 38289 01/12/2024 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 223.06 38289 01/12/2024 FINANCE FACILITIES MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 152.27 38289 01/12/2024 FINANCE FLEET MAINT VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 140.95 38289 01/12/2024 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 25.02 38289 01/12/2024 FINANCE FLEET MOTOR POOL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 203.35 38289 01/12/2024 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 994.83 38289 01/12/2024 FINANCE GRAFFITI ABATE VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 124.41 38289 01/12/2024 FINANCE LMD SERVICES VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 859.65 38289 01/12/2024 FINANCE LMD SERVICES VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 187.78 38289 01/12/2024 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 1,985.61 38289 01/12/2024 FINANCE PARKS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 813.88 38289 01/12/2024 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 1,692.24 38289 01/12/2024 FINANCE STREETS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 760.38 38289 01/12/2024 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 839.93 38289 01/12/2024 FINANCE SEWER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 308.25 38289 01/12/2024 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 2,964.03 38289 01/12/2024 FINANCE STREET CLEANING VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 1,437.32 38289 01/12/2024 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 2,610.75 38289 01/12/2024 FINANCE TRANS - FIXED VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 3,598.17 38289 01/12/2024 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 2,375.41

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT February 7, 2024

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38289 01/12/2024 FINANCE TRANS - DAR VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 3,273.81 38289 01/12/2024 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 2,453.56 38289 01/12/2024 FINANCE WATER OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 833.38 38289 01/12/2024 FINANCE WATER QUALITY CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 465.03 38289 01/12/2024 FINANCE WATER QUALITY CONTROL VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 235.18 38289 01/12/2024 FINANCE WWTP VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 112.82 38289 01/12/2024 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/01/23-12/15/23 $ 6,080.90 38289 01/12/2024 FINANCE PD OPS VAN DE POL ENTERPRISES, INC. FUEL CITY VEHICLES 12/16/23-12/31/23 $ 7,025.26 38289 01/12/2024 FIRE FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - 12/01/23-12/15/23 $ 777.90 38289 01/12/2024 FIRE MEAS K - FIRE VAN DE POL ENTERPRISES, INC. FUEL CDF - BULK DIESEL $ 2,802.84 38289 01/12/2024 WWTP WWTP VAN DE POL ENTERPRISES, INC. FUEL WWTP - BULK PROPANE $ 4,408.34 38290 01/12/2024 HR/RISK MGT HR/RISK MGT ALLIANT INSURANCE SERVICES, INC. CONSULTING SERVICES - HEALTH AND WELFARE BENEFITS $ 3,750.00 38291 01/12/2024 PW ADMIN AIRPORT CAPITAL PROJECTS BRANDLEY ENGINEERING INC PROFESSIONAL ENGINEERING SERVICES $ 13,404.25 38292 01/12/2024 PD OPS PD OPS CINTAS CORPORATION MEDICAL SUPPLIES $ 138.01 38293 01/12/2024 PD OPS CODE ENF O&E TRANSPORTATION LLC FRESNO RIVER LITTER ABATEMENT $ 11,500.00 38294 01/12/2024 FACILITIES CENTRAL ADMIN MESA ENERGY SYSTEMS, INC MAINTENANCE - CITY HALL $ 1,933.56 38294 01/12/2024 FACILITIES PD OPS MESA ENERGY SYSTEMS, INC MAINTENANCE - PD $ 2,259.02 38295 01/12/2024 FINANCE AIRPORT OPS PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 124.12 38295 01/12/2024 FINANCE CENTRAL ADMIN PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 127.64 38295 01/12/2024 FINANCE COMM & REC PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 513.84 38295 01/12/2024 FINANCE COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 17.32 38295 01/12/2024 FINANCE ENGINEERING PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 93.04 38295 01/12/2024 FINANCE FACILITIES MAINT PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 432.88 38295 01/12/2024 FINANCE FLEET MAINT PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 432.68 38295 01/12/2024 FINANCE PARKS PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 663.24 38295 01/12/2024 FINANCE STREETS PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 1,036.73 38295 01/12/2024 FINANCE SEWER OPS PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 260.28 38295 01/12/2024 FINANCE UB - WATER PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 42.60 38295 01/12/2024 FINANCE WATER OPS PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 680.57 38295 01/12/2024 FINANCE WATER QUALITY CONTROL PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 190.96 38295 01/12/2024 FINANCE WWTP PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 748.02 38295 01/12/2024 FINANCE PD OPS PRUDENTIAL OVERALL SUPPLY 11/23 UNIFORM SERVICES $ 127.40 38296 01/12/2024 ENGINEERING TRANSPORTATION IMPACT FEE CORNERSTONE STRUCTURAL ENG GROUP, INC. B-02 DESIGN SERVICES FOR WESTBERRY BRIDGE $ 32,190.50 38297 01/12/2024 FINANCE PURCHASING JENNIFER STICKMAN PER DIEM - CAPPO CONFERENCE 2024 $ 138.00 38298 01/12/2024 HR/RISK MGT INS/RISK MGT WILLIAM JAY LEIST EMPLOYMENT LIABILITY INVESTIGATION SERVICES $ 5,272.30 38299 01/12/2024 FACILITIES PARKS PACIFIC DOOR & CABINET CO INTERIOR DOORS - PARKS $ 2,470.00 38300 01/12/2024 WATER QUALITY WATER QUALITY CONTROL DELLAVALLE LABORATORY,INC. WEEKLY SAMPLING $ 540.00 38300 01/12/2024 WATER QUALITY WATER QUALITY CONTROL DELLAVALLE LABORATORY,INC. MONTHLY SAMPLING $ 306.00 38301 01/12/2024 FINANCE BUILDING AT&T 11/23 FIRSTNET SVS 287302656036 $ 150.21 38301 01/12/2024 FINANCE CITY CLERK AT&T 11/23 FIRSTNET SVS 287302656036 $ 90.06 38301 01/12/2024 FINANCE CITY COUNCIL AT&T 11/23 FIRSTNET SVS 287302656036 $ 281.68 38301 01/12/2024 FINANCE CODE ENF AT&T 11/23 FIRSTNET SVS 287302656036 $ 45.03 38301 01/12/2024 FINANCE COMPUTER MAINT AT&T 11/23 FIRSTNET SVS 287302656036 $ 2,224.22 38301 01/12/2024 FINANCE ENGINEERING AT&T 11/23 FIRSTNET SVS 287302656036 $ 285.55

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38301 01/12/2024 FINANCE FACILITIES MAINT AT&T 11/23 FIRSTNET SVS 287302656036 $ 795.75 38301 01/12/2024 FINANCE FINANCE AT&T 11/23 FIRSTNET SVS 287302656036 $ 185.41 38301 01/12/2024 FINANCE FLEET MAINT AT&T 11/23 FIRSTNET SVS 287302656036 $ 45.03 38301 01/12/2024 FINANCE GRANT OVERSIGHT AT&T 11/23 FIRSTNET SVS 287302656036 $ 95.10 38301 01/12/2024 FINANCE HR/RISK MGT AT&T 11/23 FIRSTNET SVS 287302656036 $ 90.31 38301 01/12/2024 FINANCE PARKS AT&T 11/23 FIRSTNET SVS 287302656036 $ 195.37 38301 01/12/2024 FINANCE PLANNING AT&T 11/23 FIRSTNET SVS 287302656036 $ 45.03 38301 01/12/2024 FINANCE STREETS AT&T 11/23 FIRSTNET SVS 287302656036 $ 50.07 38301 01/12/2024 FINANCE UB - GARBAGE AT&T 11/23 FIRSTNET SVS 287302656036 $ 11.25 38301 01/12/2024 FINANCE UB - SEWER AT&T 11/23 FIRSTNET SVS 287302656036 $ 11.26 38301 01/12/2024 FINANCE UB - WATER AT&T 11/23 FIRSTNET SVS 287302656036 $ 22.52 38301 01/12/2024 FINANCE WWTP AT&T 11/23 FIRSTNET SVS 287302656036 $ 50.07 38301 01/12/2024 FINANCE CITY MANAGER AT&T 11/23 FIRSTNET SVS 287302656036 $ 90.31 38301 01/12/2024 FINANCE PD OPS AT&T 11/23 FIRSTNET SVS 287302656036 $ 5,691.98 38302 01/12/2024 PW ADMIN AIRPORT CAPITAL PROJECTS AGEE CONSTRUCTION CO.,INC MADERA MUNICIPAL AIRPORT - DRAINAGE $ 50,416.88 38303 01/12/2024 ENGINEERING WATER CAPITAL OUTLAY AM CONSULTING ENGINEERS, INC. ON-CALL W-03 & W-04 WATER MAIN UPGRADES $ 15,832.50 38304 01/12/2024 ENGINEERING LTF - STREETS BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SERVICES $ 1,487.50 38304 01/12/2024 ENGINEERING MEAS T - ENVIRO BLAIR CHURCH & FLYNN PROFESSIONAL ENGINEERING SERVICES $ 1,275.50 38305 01/12/2024 HR/RISK MGT HR/RISK MGT CA DEPARTMENT OF JUSTICE 11/23 LIVESCAN/FINGERPRINTS $ 160.00 38305 01/12/2024 PD OPS PD OPS CA DEPARTMENT OF JUSTICE 11/23 BLOOD ALCOHOL ANALYSIS $ 1,365.00 38305 01/12/2024 PD OPS PD OPS CA DEPARTMENT OF JUSTICE MISCELLANEOUS SERVICES 11/23 $ 255.00 38306 01/12/2024 PARKS ADMIN PARKS ADMIN CALIFORNIA PARK & RECREATION SOCIETY,INC CPRS ANNUAL RENEWAL FEES $ 550.00 38307 01/12/2024 CITY CLERK CITY CLERK CNA SURETY BOND - DEPUTY CITY CLERK $ 40.00 38307 01/12/2024 CITY CLERK GENERAL FUND CNA SURETY BOND - DEPUTY CITY CLERK $ 60.00 38308 01/12/2024 FINANCE PAYROLL TRUST COLONIAL LIFE & ACCIDENT INSURANCE CO #E700482-3 FOR 12/22/2023 PAYROLL $ 1,031.31 38309 01/12/2024 HR/RISK MGT HR/RISK MGT OCCUPATIONAL HEALTH CENTERS OF CA, A MEDIC PRE-EMPLOYMENT PHYSICAL $ 211.00 38309 01/12/2024 HR/RISK MGT PARKS OCCUPATIONAL HEALTH CENTERS OF CA, A MEDIC AUDIOGRAM $ 67.50 38309 01/12/2024 HR/RISK MGT STREETS OCCUPATIONAL HEALTH CENTERS OF CA, A MEDIC AUDIOGRAM $ 135.00 38310 01/12/2024 HR/RISK MGT HR/RISK MGT CPS HR CONSULTING PROFESSIONAL RECRUITING SERVICES $ 8,000.00 38311 01/12/2024 FINANCE UB - GARBAGE DATAPROSE, LLC 11/23 BILLING $ 2,574.32 38311 01/12/2024 FINANCE UB - GARBAGE DATAPROSE, LLC 12/23 BILLING $ 5,160.26 38311 01/12/2024 FINANCE UB - GARBAGE DATAPROSE, LLC 12/23 NEWSLETTER $ 339.09 38311 01/12/2024 FINANCE UB - GARBAGE DATAPROSE, LLC 01/24 NEWSLETTER $ 339.09 38311 01/12/2024 FINANCE UB - SEWER DATAPROSE, LLC 11/23 BILLING $ 2,574.32 38311 01/12/2024 FINANCE UB - SEWER DATAPROSE, LLC 12/23 BILLING $ 5,160.27 38311 01/12/2024 FINANCE UB - SEWER DATAPROSE, LLC 12/23 NEWSLETTER $ 339.09 38311 01/12/2024 FINANCE UB - SEWER DATAPROSE, LLC 01/24 NEWSLETTER $ 339.09 38311 01/12/2024 FINANCE UB - WATER DATAPROSE, LLC 11/23 BILLING $ 5,148.65 38311 01/12/2024 FINANCE UB - WATER DATAPROSE, LLC 12/23 BILLING $ 10,320.55 38311 01/12/2024 FINANCE UB - WATER DATAPROSE, LLC 12/23 NEWSLETTER $ 678.19 38311 01/12/2024 FINANCE UB - WATER DATAPROSE, LLC 01/24 NEWSLETTER $ 678.19 38312 01/12/2024 PARKS ADMIN COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - PANAM $ 171.00 38312 01/12/2024 PARKS ADMIN COMM & REC DIAMOND COMMUNICATIONS UPDATED SECURITY CODES - FBSC $ 30.00 38312 01/12/2024 PARKS ADMIN COMM & REC DIAMOND COMMUNICATIONS UPDATED SECURITY CODES - PANAM $ 30.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38312 01/12/2024 PARKS ADMIN COMM & REC DIAMOND COMMUNICATIONS FIRE ALARM MONITORING - FBSC $ 135.00 38313 01/12/2024 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 12/01/23-12/15/23 $ 10,455.00 38313 01/12/2024 BUILDING BUILDING FIRE SAFETY SOLUTIONS, LLC FIRE PROTECTION SVS 12/16/23-12/31/23 $ 6,990.00 38314 01/12/2024 HR/RISK MGT INS/RISK MGT LIEBERT CASSIDY WHITMORE LEGAL FEES $ 12,662.50 38315 01/12/2024 PARKS ADMIN AQUATICS PROGRM CHARLES LUECKER, AUTHORIZED SIGNER CHLORINE FOR POOL $ 2,160.30 38316 01/12/2024 FINANCE WATER CONSERV CITY OF MADERA DISHWASHER REBATE - 9926228 $ 200.00 38317 01/12/2024 FINANCE PAYROLL TRUST M.C.E.A. 12/23 MONTHLY DUES $ 275.00 38318 01/12/2024 FINANCE PAYROLL TRUST M P O A 12/23 MONTHLY DUES $ 6,183.54 38319 01/12/2024 WATER OPS WATER OPS MADERA PUMPS, INC. WELL 18 ELECTRICAL MOTOR REPAIRS $ 18,364.66 38320 01/12/2024 ENGINEERING CDBG PUB IMPR MADERA TRIBUNE REQUEST FOR BID $ 721.50 38320 01/12/2024 PLANNING PLANNING MADERA TRIBUNE PUBLIC HEARING NOTICE $ 1,105.00 38321 01/12/2024 PD OPS PD OPS MADERA UNIFORM & ACCESSORIES UNIFORM ACCESSORIES $ 1,880.72 38322 01/12/2024 FINANCE CFD 2005-1 CITY-WIDE SERVICES WILLDAN FINANCIAL SERVICES 3RD QTR FY 23/24 CFD 2005-1 & 2006-1 $ 1,846.08 38322 01/12/2024 FINANCE CFD 2006-1 KB HOME WILLDAN FINANCIAL SERVICES 3RD QTR FY 23/24 CFD 2005-1 & 2006-1 $ 1,022.37 38323 01/12/2024 PARKS ADMIN CDBG PUB IMPR O'DELL ENGINEERING, INC. DESIGN SVS - MCNALLY $ 7,248.51 38323 01/12/2024 PARKS ADMIN PROP 68 GRANT O'DELL ENGINEERING, INC. DESIGN SVS - OLIVE PARK $ 8,665.59 38323 01/12/2024 PARKS ADMIN SPECIAL LEGISLATIVE GRANT O'DELL ENGINEERING, INC. DESIGN SVS - LTC TRAILS $ 4,570.00 38324 01/12/2024 FINANCE AIRPORT OPS PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 13.18 38324 01/12/2024 FINANCE CENTRAL ADMIN PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 175.33 38324 01/12/2024 FINANCE COMM & REC PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 2,005.61 38324 01/12/2024 FINANCE DRAINAGE PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 576.29 38324 01/12/2024 FINANCE FACILITIES MAINT PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 7,435.00 38324 01/12/2024 FINANCE FIRE PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 109.77 38324 01/12/2024 FINANCE PARKING DIST OPS PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 84.53 38324 01/12/2024 FINANCE PARKS PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 158.81 38324 01/12/2024 FINANCE RECREATION PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 33.82 38324 01/12/2024 FINANCE SEWER OPS PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 179.90 38324 01/12/2024 FINANCE SOLID WASTE PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 88.55 38324 01/12/2024 FINANCE SR CITIZEN COMM PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 7.85 38324 01/12/2024 FINANCE WATER OPS PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 32,214.06 38324 01/12/2024 FINANCE ZONE 24 ACTIVITIES PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 24.68 38324 01/12/2024 FINANCE ZONE 26 ACTIVITIES PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 10.18 38324 01/12/2024 FINANCE ZONE 31A ACTIVITIES PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 20.49 38324 01/12/2024 FINANCE PD OPS PACIFIC GAS & ELECTRIC 11/23 SERVICE 9920095153-3 $ 3,746.12 38325 01/12/2024 FLEET FLEET ACQUISITION THE PAPE` GROUP, INC. JOHN DEERE LOADER & MULCHING HEAD $ 150,182.25 38326 01/12/2024 ENGINEERING WATER CAPITAL OUTLAY PROVOST & PRITCHARD CONSULTING PROFESSIONAL ENGINEERING SERVICES $ 2,855.10 38326 01/12/2024 ENGINEERING WATER CAPITAL OUTLAY PROVOST & PRITCHARD CONSULTING WATER MAIN REPLACEMENT - W-39, W-40, & W-41 $ 64,077.71 38327 01/12/2024 PD OPS MEAS K - PD RON'S TOWING & ROAD SERVICE TOWING SERVICES $ 4,879.00 38328 01/12/2024 FIRE FIRE SCHOETTLER TIRE, INC. TIRES FOR E-6 $ 2,788.53 38329 01/12/2024 WWTP WWTP SPARKLETTS WWTP - LAB & DRINKING WATER $ 25.70 38330 01/12/2024 PW ADMIN AIRPORT OPS STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE FAC ID: 5F20C399064 $ 652.00 38330 01/12/2024 WWTP WWTP STATE WATER RESOURCES CONTROL BOARD ANNUAL PERMIT FEE FAC ID: 5C200101001 $ 36,785.00 38330 01/12/2024 WATER QUALITY WATER OPS STATE WATER RESOURCES CONTROL BOARD ANNUAL WATER SYSTEM FEE $ 1,679.52 38330 01/12/2024 WATER QUALITY WATER QUALITY CONTROL STATE WATER RESOURCES CONTROL BOARD ANNUAL WATER SYSTEM FEE $ 65,000.00

CHECK PAY DATE DEPARTMENT PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 38331 01/12/2024 FINANCE PAYROLL TRUST STATE OF CALIFORNIA FRANCHISE TAX DEDUCTIONS FOR 12/22/23 PAYROLL $ 25.00 38332 01/12/2024 WWTP WWTP SYNAGRO WEST, INC. BIOSOLIDS DISPOSAL $ 13,480.19 38333 01/12/2024 FINANCE COMPUTER MAINT TYLER TECHNOLOGIES INC. EXECUTIME ANNUAL MAINTENANCE $ 24,166.31 38334 01/12/2024 FINANCE GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS SERVICES FOR PERIOD 05/01/23-07/31/23 $ 669.00 38334 01/12/2024 FINANCE GENERAL FUND US BANK CORPORATE PAYMENT SYSTEMS SERVICES FOR PERIOD 08/01/23-10/31/23 $ 636.00 38335 01/12/2024 PLANNING PLANNING BLDING/PLAN REFNDS REFUND DOUBLE PAYMENT $ 188.00 38336 01/12/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - PANAM GYM $ 200.00 38337 01/12/2024 PARKS ADMIN GENERAL TRUST OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PICNIC AREA 1 $ 50.00 38338 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9923181 TERM REFUND $ 72.60 38339 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9899293 TERM REFUND $ 202.01 38340 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 8668714 $ 22.18 38341 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9921603 TERM REFUND $ 25.15 38342 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 9916833 TERM REFUND $ 37.97 38343 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB TERM REFUND 10000802 $ 260.17 38344 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 10000610 TERM REFUND $ 75.17 38345 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 1478001 TERM REFUND $ 1,943.84 38346 01/12/2024 UB - WATER WATER FUND OTP- UB REFUNDS UB 1479001 TERM REFUND $ 667.84 38347 01/18/2024 PD OPS PD OPS VASQUEZ, RYAN PER DIEM - 2024 SHOT SHOW $ 448.50 38348 01/18/2024 CITY CLERK CITY COUNCIL RODRIGUEZ, JOSE PER DIEM - MAYORS & COUNCILMEMBERS ACADEMY $ 378.54 38349 01/18/2024 CITY CLERK CITY COUNCIL GARCIA, SANTOS PER DIEM - MAYORS & COUNCILMEMBERS ACADEMY $ 203.00 38350 01/18/2024 HR/RISK MGT HR/RISK MGT BATTLES, ERIC PER DIEM - LCW 2024 PUBLIC EMPLOYMENT LAW CONF $ 98.75 38351 01/18/2024 PD OPS DUI ENF & AWARENESS HERNANDEZ, RUBEN PER DIEM - DUI DETECTION FIELD SOBRIETY $ 203.50 38352 01/18/2024 CITY CLERK CITY COUNCIL EVANS, ANITA PER DIEM - MAYORS & COUNCILMEMBERS ACADEMY $ 378.54 38353 01/18/2024 CITY CLERK CITY COUNCIL VILLEGAS, ARTEMIO PER DIEM - MAYORS & COUNCILMEMBERS ACADEMY $ 203.00 38354 01/18/2024 CITY CLERK CITY COUNCIL MEJIA, ELSA PER DIEM - MAYORS & COUNCILMEMBERS ACADEMY $ 203.00 38355 01/18/2024 PD OPS PD OPS ANAYA, CHRIS PER DIEM - 2024 SHOT SHOW $ 448.50 38356 01/18/2024 PD OPS PD OPS ARNOLD, JOSIAH PER DIEM - 2024 SHOT SHOW $ 448.50 38357 01/18/2024 PD OPS PD OPS ASSET FORFEITURE/OTHER PD PER DIEM - DEFENSIVE TACTICS $ 396.75 38358 01/18/2024 PD OPS DUI ENF & AWARENESS ASSET FORFEITURE/OTHER PD PER DIEM - DUI DETECTION FIELD SOBRIETY $ 203.50 38359 01/18/2024 PD OPS DUI ENF & AWARENESS ASSET FORFEITURE/OTHER PD PER DIEM - DUI DETECTION FIELD SOBRIETY $ 203.50 38360 01/19/2024 ENGINEERING ARTERIAL/COLLECTOR BOND ENCROACH REIMBURSEMENT - AMOND WORLD PHASE 1 $ 375,763.88 38360 01/19/2024 ENGINEERING WATER CAPITAL OUTLAY BOND ENCROACH REIMBURSEMENT - AMOND WORLD PHASE 1 $ 189,191.10 405 01/08/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-01 FOR 01/05/2024 $ 13,226.78 406 01/08/2024 FINANCE PAYROLL TRUST NPC-ORCHARD TRUST COMPANY PLAN #340227-02 FOR 01/05/2024 $ 2,177.12 407 01/09/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC SECTION 125 PLAN YEAR FEE & PARTICIPANT FEE $ 100.00 407 01/09/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 01/09/2024 $ 1,619.15 408 01/17/2024 FINANCE WATER DEBT SRVC/REV BONDS BANK OF NEW YORK MELLON 2019 LEASE REVENUE BOND PAYMENT $ 227,675.00 409 01/18/2024 FINANCE PAYROLL TRUST NAVIA BENEFIT SOLUTIONS INC FSA SECTION 125 DISBURSEMENT 01/18/2024 $ 1,018.97 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 1,621,805.68

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: B-3
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Piggyback Purchase Agreements for Fleet Division-related Purchases RECOMMENDATION:

Adopt a Resolution approving State of California piggyback agreements for the purchase of six pickup trucks and an accompanying Appropriations Amendment increasing various budgets to pay for additional costs associated with these vehicle purchases SUMMARY:

Appropriations for several pieces of equipment were included in the Fiscal Year (FY) 2023/24 Adopted Budget for the Fleet Replacement Program (Org Unit 3070-1250), which Council approved on August 24, 2023. Included were replacement vehicles for:
 Building  Water Maintenance  Public Works
 Parks  Water Quality  Code Enforcement
Leveraging existing contracts from other agencies enables streamlined procurement, ensuring cost-effectiveness, compliance, and adherence to standards. As the price for the Water Maintenance, Water Quality, and Public Works vehicles exceed what was budgeted, an appropriations amendment is needed to fund the requested purchases.

DISCUSSION:

Council approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the City to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process. A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies.

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

In this instance, staff recommends using the State of California piggyback purchase agreement to purchase pickups for various departments.

Table 1: Summary of equipment per this item
Equipment Department New or replacement
equipment? Costs1
Ford Maverick Building Replacement $31,708
Ford F150 Parks Replacement $41,861
Ford F150 Supercab Water Maintenance Replacement $45,446 Ford F150 Supercab Water Quality Replacement $45,446
Ford F150 Crewcab Public Works Director New $53,678
Ford F150 Code Enforcement Replacement $41,861
Total $260,000
1 Figures rounded to the nearest dollar
FINANCIAL IMPACT:

The purchases under the recommended cooperative purchase agreement will be made from the Fleet Acquisition Program (Org 3070-1250). The purchase price of the Water Maintenance, Water Quality, and Public Works Director vehicles exceed what was initially budgeted due to price increases from the manufacturer and vehicle upgrades needed to serve the needs of the departments. Additional funds above the original fiscal year budget amount for purchasing come from the Water Fund via a Budget Amendment included in this agenda item. Table 2 summarizes the additional funds needed for the three over-budget purchases.

Table 2: Budgeted Funds vs. Quoted Prices1
Item Budget Quote Difference
Water Maintenance Pickup $42,000 $45,446 ($3,446)
Water Quality Pickup $42,000 $45,446 ($3,446)
Public Works Pickup $40,000 $53,678 ($13,678)
Total ($20,570)
1 Figures rounded to the nearest dollar
ALTERNATIVES:

As an alternative, Council may direct staff to prepare a Request for Proposals (RFP) to solicit quotes from vendors per item or issue an RFP per item. Either scenario, while feasible, would require staff resources with no certainty that the prices obtained through this alternative process would be better than those obtained through piggybacking. Council may also reject the Budget Amendment, resulting in insufficient funds being available for the purchases of the Water Maintenance, Water Quality, and Public Works vehicles.

ATTACHMENTS:

1. Resolution approving State of California piggyback purchases

2. Exhibit A - Budget Amendment
RESOLUTION NO. _______

RESOLUTION APPROVING STATE OF CALIFORNIA PIGGYBACK

AGREEMENT FOR THE PURCHASE OF PICKUPS FOR THE BUILDING, PARKS,

WATER MAINTENANCE, WATER QUALITY, PUBLIC WORKS DIRECTOR,

AND CODE ENFORCEMENT DEPARTMENTS
WHEREAS, a piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of competitive bidding, and that the competitive bidding process used and all terms and conditions are substantially the same as the City’s competitive bidding process and terms and conditions; and WHEREAS, the City Council (‘Council’) approved Ordinance 996 C.S. on December 21, 2022, which added Title II Section 4 Purchasing Procedures to the City’s Municipal Code; and WHEREAS, Ordinance 996 C.S. allows the City to utilize piggyback purchasing procedures to purchase supplies, equipment, or services without completing the City’s bidding or proposal process, from any supplier who offers the goods or services at the same or better price, terms, and/or conditions as the supplier previously offered to another public; and WHEREAS,staff has conducted a due diligence and determined that a piggyback purchase through the State of California best meets the City’s interests; and WHEREAS, the Fiscal Year 2023/2024 contained $250,000 for the purchase of these vehicles; and
WHEREAS, additional appropriations are needed to fully fund the purchases.

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

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

2. The Council finds that the use of piggyback purchases per the City’s Municipal Code, Title II, Section 4 - Purchasing Procedures is appropriate, and is in the best interest of the City.

3. The Council approves the State of California piggyback agreements for purchase of the following:
a. Ford Maverick for Building from Downtown Ford in the amount of $31,708.30 b. Ford F150 for Parks from Downtown Ford in the amount of $41,861.07 c. Ford F150 Supercab for Water Maintenance from Downtown Ford in the amount of $45,446.31
d. Ford F150 Supercab for Water Quality from Downtown Ford in the amount of $45,446.31
e. Ford F150 Crewcab for Public Works from Downtown Ford in the amount of $53,677.64
f. Ford F150 for Code Enforcement from Downtown Ford in the amount of $41,861.00

4. The City Manager is authorized to enter into agreements(s) for each of the items listed above, consistent with the material terms of the State of California agreements and California law, and subject to approval as to legal form by the City Attorney.

5. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

6. The City Clerk is authorized and directed to forward a copy of the Resolution to the Director of Financial Services, who is authorized to take such action as necessary to implement the terms of this Resolution,

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

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 24-______
Budget Adjustments for Fiscal Year 2023/24

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Water Fund 20300000 4682 Collection Recovery

($20,570)
Water Fund 20303800 8200 Transfers Out

$20,570
Equipment Fund 30701250 4355 Transfer-In

(20,750)
Equipment Fund 30701250 7000 Vehicles and Equipment

20,750
$41,320

($41,320)

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 7, 2024
_________________________________ Agenda Number: B-4
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Contract City Attorney Services and Litigation Expenditures RECOMMENDATION:

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

SUMMARY:

The purpose of this report is to provide Council with an informational monthly update on expenditures for contract City Attorney services, as well as specialized legal representation in various matters of litigation.

DISCUSSION:

The following information summarizes billings paid for services formerly performed by the City’s contract City Attorney. The information presented encompasses the invoices received from Aleshire & Wynder, LLP for the months of October and November 2023, as well as tracking the Fiscal Year (FY) 2023/24 invoices received through a Year-to-Date (YTD) column.

Should the Council desire additional information or modifications to the format in future iterations of this report, please advise accordingly.

Firm: and Aleshire & Wynder, LLP (City Attorney Services and Litigation) Billing Periods: October 2023 and November 2023
Matter Charges
October 2023 November 2023 FY 2023/24 (YTD)
General Legal Review/Advice $12,345.59 $11,219.00 $52,880.59 City Clerk $0 $0 $117.50
Attendance at Council Meetings &
Requests for Information/Research $0 $0 $2,702.50
City Manager $0 $0 $0
Review and Advice on Agreements $0 $0.00 $1,010.50
Planning/Planning Commission $2,025.00 $3,390.50 $12,693.00 Finance $1,189.00 $406.00 $4,292.00
Successor Agency $0 $0 $75.00
Public Works/Engineering $1,150.00 $1,128.50 $11,215.50 Police Department - General $1,050.00 $450.00 $2,550.00 Economic Development $0 $0 $0
Personnel/Payroll $0 $58 $81.50
Municipal Code Enforcement $283.33 $106.00 $2,143.83
Wastewater $0 $0 $116.00
Water $522.00 $435.00 $1,015.00
Ordinances $0 $0 $235.00
Special Projects (Montoy) $0 $0 $3,715.00
Housing $0 $269.50 269.50
Cannabis $0 $0 $11,117.50
Total Advisory Services $18,564.92 $17,462.50 $106,229.92 Litigation Services
Total Litigation Services $0 $0 $13,655.49
Discounted Hours $0 $0 - ($2.35)
Travel/Lodging Expenses $0 $0 $0
Shipping $0 $0 $$0
Total Advisory & Litigation Services $18,564.92 $17,462.50 $119,883.06 FINANCIAL IMPACT:

For FY 2023/24, expenditures for invoices related to legal fees total $119,883.06. This represents expenditures for specific City Attorney services. A summary of invoices received to date are summarized per the following table.

Legal Invoices FY 2023/24 YTD
City Attorney Advisory Services
Montoy Law Corporation $26,159.50
Aleshire and Wynder $80,070.42
Litigation Services (Including discounted hours, travel & shipping) Montoy Law Corporation $4,092.15
Aleshire and Wynder $9,560.99
Total City Attorney and Litigation Services YTD $119,883.06 ALTERNATIVES:

This report is purely for informational purposes, and no action is necessary from the Council. It aims to provide transparency regarding recent billings and year-to-date totals for legal services.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: B-5
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of updated City of Madera Full Time Salary Schedule RECOMMENDATION:

Adopt a resolution approving the revised City of Madera Full Time Salary Schedule reflecting a two percent (2%) cost-of-living adjustment effective December 30, 2023, for certain positions SUMMARY:

The City is required by Government Code Sections 36506 and 37206 and the California Code of Regulations, title 2, §570.5 to publicly adopt its pay schedule. Pursuant to Memorandums of Understanding (MOUs) and subsequent Side Letter Agreements with the City’s four (4) bargaining units, the adopted Standard Terms and Conditions for employment agreements with unrepresented department heads, and the At-Will Employment Agreement with the City Clerk, a two percent (2%) cost-of-living adjustment (COLA) was applied to the salary schedule effective the pay period beginning December 30, 2023. The requested action is to adopt the revised City of Madera Full Time Salary Schedule reflecting the COLA for affected positions.

DISCUSSION:

The City Council has previously adopted MOUs and subsequent Side Letter Agreements with all bargaining units, Standard Terms and Conditions for unrepresented department heads, and an individual At-Will Employment Agreement with the City Clerk that provided for a two percent (2%) COLA to be effective the pay period beginning December 30, 2023, with pay date January 19, 2024.

California Government Code §36506 and §37206 and California Code of Regulations, title 2, §570.5 require the City to publicly adopt its pay schedule. While the schedules are provided in individual MOUs, the City typically adopts a consolidated schedule for all full time positions that is published on the City’s website and provided to the California Public Employees’ Retirement System (CalPERS) to ensure compliance with the above-noted code sections. Staff has prepared a revised City of Madera Full Time Salary Schedule that reflects the pay rates for each position after the COLA was applied to positions approved for the increase via the previously referenced agreements and adopted standard terms. While the position of City Manager is listed on the Full Time Salary Schedule contemplated for approval, there is no change to the pay steps listed from the prior schedule as the COLA was not authorized in the applicable At-Will Employment Agreement. However, as the schedule is a consolidation of all full time job classifications, the classification and applicable pay steps are on reflected on the document. The consolidated Full Time Salary Schedule effective December 30, 2023, will be posted on the City’s website, if adopted.

California Minimum Wage Increase
California Senate Bill 3 was approved in 2016 and provided for a phased-in increase to the California minimum wage as outlined in Government Code §1182.12(b). Beginning in 2017, minimum wage began increasing by fifty cents ($0.50) per hour each year until it reached $15.00 per hour by 2022 for large employers (26 or more employees) and by 2023 for small employers (less than 26 employees). Following these set adjustments, the law calls for an annual analysis by the California Department of Finance to calculate the change in the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers, and apply a percent-based increase to the minimum wage that is the lesser of that calculation and 3.5%, rounded to the nearest ten cents ($0.10).

Based on the above adjustment analysis, effective January 1, 2024, the California minimum wage applicable to large employers increased from $15.50 per hour to $16.00 per hour. The application of this change to the City is twofold:

1. Entry-level part time positions start at minimum wage.

All part time positions in the City are assigned salary ranges from City of Madera Salary Schedule P, with the approved salary range assignments shown in Attachment 2 for reference. Effective January 1, 2024, any employee in a part time position assigned to Range 17 who was currently at A-Step (2023 minimum wage) was moved up one step to B-Step (2024 minimum wage). In addition, as the Facility Aide and Facility Aide Certified Pool Operator have an intentional fifty cent ($0.50) spread for the specific pool operator duties, part time employees assigned to this job classification were adjusted to maintain the 50 cent per hour difference for pool operator duties.

2. Entry-level full time positions’ starting pay compared to minimum wage The City Council took action to adjust entry-level full time positions to approximately one dollar ($1.00) above minimum wage beginning January 2023 as all of the entry-level full time positions in the City require some type of prior work experience. These include Office Assistant I, Parks Worker I, Public Works Maintenance Worker I, Accounting Technician I, and Water Conservation Customer Service Representative.

Since moving the assigned salary ranges to reflect the $1.00 differential between starting pay and minimum wage, the salary ranges for these positions have been adjusted for costof-living increases twice pursuant to their negotiated MOUs, 2% effective June17, 2023, and 2% effective December 30, 2023. These adjustments have maintained the differential and no further adjustment is required to maintain the differential at this time as shown in Table 1.

FINANCIAL IMPACT:

The requested action is to adopt a consolidated public pay schedule; no new pay adjustments or increases are being requested besides those previously authorized by Council action. All negotiated pay increases were included when calculating salary and benefit projections in the adopted operating budget.

ALTERNATIVES:

Council may direct staff to modify the City’s full time or part time salary schedules.

ATTACHMENTS:

1. Resolution adopting the City of Madera Full Time Salary Schedule a. Attachment A: City of Madera Full Time Salary Schedule effective December 30, 2023

2. Adopted Part Time Salary Schedule
Table 1: Hourly Rate Differential between Minimum Wage and Entry-Level Full Time Date Minimum Wage Entry-Level Full Time Differential
January 2023 $15.50 $16.50 $1.00
January 2024 $16.00 $17.17 $1.17
Attachment 1
Resolution No.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ADOPTING THE CITY OF MADERA FULL TIME SALARY SCHEDULE
EFFECTIVE DECEMBER 30, 2023
WHEREAS, the City of Madera (City) has negotiated and adopted Memorandums of Understanding and subsequent Side Letter Agreements with its four bargaining units that include a two percent (2%) cost-of-living adjustment effective December 30, 2023; and
WHEREAS, the City has adopted revised Standard Terms and Conditions for unrepresented department heads that include a two percent (2%) cost-of-living adjustment effective December 30, 2023; and
WHEREAS, the City Council has amended the City Clerk’s Employment Agreement to include a two percent (2%) cost-of-living adjustment December 30, 2023; and WHEREAS, the City has prepared a consolidated Full Time Salary Schedule that captures these changes in a single schedule to be published on its website.

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. Effective December 30, 2023, the City of Madera Full Time Salary Schedule provided as Attachment A is approved.

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

A B C D E F
Accountant (Junior) GBU 282 $1,509.79 $1,585.34 $1,664.74 $1,748.01 $1,835.13 $1,927.22 Accounting Technician I GBU 263 $1,373.59 $1,441.97 $1,514.20 $1,589.75 $1,669.15 $1,752.97 Accounting Technician II GBU 283 $1,517.51 $1,593.06 $1,673.01 $1,756.83 $1,844.50 $1,936.59 Accounting Technician III GBU 300 $1,651.51 $1,734.22 $1,820.79 $1,911.78 $2,007.72 $2,108.08 Administrative Assistant GBU 303 $1,676.32 $1,760.14 $1,848.36 $1,941.00 $2,038.05 $2,139.51 Animal Control Officer GBU 290 $1,571.55 $1,649.85 $1,732.56 $1,819.14 $1,910.12 $2,005.52 Assistant Planner GBU 352 $2,140.62 $2,247.59 $2,360.08 $2,478.09 $2,602.16 $2,732.29 Building Permit Technician GBU 288 $1,555.56 $1,633.31 $1,714.92 $1,800.94 $1,890.82 $1,985.67 Combination Building Inspector GBU 348 $2,098.16 $2,203.48 $2,313.21 $2,429.01 $2,550.87 $2,678.25 Computer Technician GBU 344 $2,056.80 $2,159.92 $2,267.99 $2,381.04 $2,500.14 $2,625.32 Construction Inspector I GBU 322 $1,843.40 $1,935.49 $2,031.99 $2,133.45 $2,240.42 $2,352.36 Construction Inspector II GBU 342 $2,036.40 $2,138.41 $2,245.39 $2,357.33 $2,475.33 $2,599.40 Deputy City Clerk GBU 311 $1,744.70 $1,831.82 $1,923.36 $2,019.86 $2,120.77 $2,226.64 Electrician II GBU 361 $2,238.77 $2,350.71 $2,468.71 $2,591.68 $2,721.26 $2,857.46 Electrician III GBU 381 $2,473.67 $2,597.75 $2,735.60 $2,863.53 $3,006.90 $3,157.44 Engineering Technician I GBU 302 $1,668.05 $1,751.87 $1,838.99 $1,931.08 $2,027.58 $2,129.04 Engineering Technician II GBU 322 $1,843.40 $1,935.49 $2,031.99 $2,133.45 $2,240.42 $2,352.36 Engineering Technician III GBU 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 Facilities Maintenance Technician GBU 289 $1,563.28 $1,641.58 $1,723.74 $1,809.76 $1,900.20 $1,995.59 Grants Specialist GBU 299 $1,643.23 $1,725.40 $1,811.97 $1,902.40 $1,997.80 $2,097.61 Industrial Electrical Technician GBU 381 $2,473.67 $2,597.75 $2,735.60 $2,863.53 $3,006.90 $3,157.44 Lead Electrician GBU 401 $2,733.39 $2,870.15 $3,013.52 $3,164.05 $3,322.31 $3,488.29 Maintenance Technician GBU 308 $1,718.78 $1,804.80 $1,895.23 $1,990.08 $2,089.33 $2,193.55 Mechanic I GBU 286 $1,540.12 $1,617.32 $1,698.38 $1,783.30 $1,872.07 $1,965.82 Mechanic II GBU 301 $1,659.78 $1,743.04 $1,830.17 $1,921.70 $2,017.65 $2,118.56 Mechanic III GBU 321 $1,834.03 $1,925.56 $2,022.06 $2,122.97 $2,229.40 $2,340.78 Neighborhood Outreach Assistant GBU 276 $1,465.13 $1,538.47 $1,615.66 $1,696.17 $1,781.09 $1,870.42 Neighborhood Outreach Coordinator GBU 306 $1,701.69 $1,787.16 $1,876.49 $1,970.23 $2,068.38 $2,172.05 Neighborhood Preservation Specialist I GBU 310 $1,735.87 $1,823.00 $1,913.98 $2,009.93 $2,110.29 $2,215.61 Neighborhood Preservation Specialist II GBU 330 $1,918.39 $2,014.34 $2,114.70 $2,220.57 $2,331.41 $2,448.31 Neighborhood Preservation Specialist III GBU 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 Office Assistant I GBU 263 $1,373.59 $1,441.97 $1,514.20 $1,589.75 $1,669.15 $1,752.97 Office Assistant II GBU 283 $1,517.51 $1,593.06 $1,673.01 $1,756.83 $1,844.50 $1,936.59 Parks Leadworker GBU 323 $1,852.22 $1,944.86 $2,042.46 $2,144.48 $2,251.45 $2,363.94 Parks Worker I GBU 263 $1,373.59 $1,441.97 $1,514.20 $1,589.75 $1,669.15 $1,752.97 Parks Worker II GBU 283 $1,517.51 $1,593.06 $1,673.01 $1,756.83 $1,844.50 $1,936.59 Job Title B/U Range
Bi-Weekly Pay Rate
City of Madera Full Time Salary Schedule Effective 12/30/2023 Page 1 of 5 Adopted 2/7/2024 Attachment A ------
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Parks Worker III GBU 303 $1,676.32 $1,760.14 $1,848.36 $1,941.00 $2,038.05 $2,139.51 Payroll Specialist GBU 316 $1,788.81 $1,878.14 $1,972.43 $2,070.59 $2,174.25 $2,282.88 Plans Examiner GBU 360 $2,227.74 $2,339.13 $2,456.03 $2,579.00 $2,708.03 $2,843.13 Public Works Equipment Operator GBU 303 $1,676.32 $1,760.14 $1,848.36 $1,941.00 $2,038.05 $2,139.51 Public Works Maintenance Lead Worker GBU 323 $1,852.22 $1,944.86 $2,042.46 $2,144.48 $2,251.45 $2,363.94 Public Works Maintenance Worker I GBU 263 $1,373.59 $1,441.97 $1,514.20 $1,589.75 $1,669.15 $1,752.97 Public Works Maintenance Worker II GBU 283 $1,517.51 $1,593.06 $1,673.01 $1,756.83 $1,844.50 $1,936.59 Purchasing Assistant GBU 280 $1,494.90 $1,569.34 $1,648.20 $1,730.36 $1,816.93 $1,907.92 Recreation/Community Programs Coordinator GBU 313 $1,762.34 $1,850.57 $1,942.66 $2,040.26 $2,142.27 $2,249.25 Solid Waste/Recycling Assistant GBU 283 $1,517.51 $1,593.06 $1,673.01 $1,756.83 $1,844.50 $1,936.59 Solid Waste/Recycling Coordinator GBU 313 $1,762.34 $1,850.57 $1,942.66 $2,040.26 $2,142.27 $2,249.25 Water Conservation Customer Service Representative GBU 263 $1,373.59 $1,441.97 $1,514.20 $1,589.75 $1,669.15 $1,752.97 Water Conservation Specialist GBU 283 $1,517.51 $1,593.06 $1,673.01 $1,756.83 $1,844.50 $1,936.59 Water Quality Specialist II GBU 340 $2,016.55 $2,116.91 $2,222.78 $2,334.17 $2,451.07 $2,573.48 Water Quality Specialist I GBU 320 $1,824.65 $1,916.19 $2,012.14 $2,112.49 $2,218.37 $2,329.20 Water Quality Specialist In Training GBU 293 $1,594.71 $1,674.67 $1,758.48 $1,846.16 $1,938.80 $2,035.85 Water System Lead Worker GBU 365 $2,283.99 $2,398.13 $2,518.34 $2,644.06 $2,776.41 $2,915.36 Water System Technician GBU 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 Water System Worker I GBU 293 $1,594.71 $1,674.67 $1,758.48 $1,846.16 $1,938.80 $2,035.85 Water System Worker II GBU 320 $1,824.65 $1,916.19 $2,012.14 $2,112.49 $2,218.37 $2,329.20 Water System Worker III GBU 340 $2,016.55 $2,116.91 $2,222.78 $2,334.17 $2,451.07 $2,573.48 WW Lab Analyst/Environmental Compliance Inspector I GBU 345 $2,067.28 $2,170.39 $2,279.02 $2,393.17 $2,512.83 $2,638.55 WW Lab Analyst/Environmental Compliance Inspector II GBU 365 $2,283.99 $2,398.13 $2,518.34 $2,644.06 $2,776.41 $2,915.36 WWTP Lead Operator GBU 383 $2,498.49 $2,623.66 $2,754.90 $2,892.20 $3,037.23 $3,188.87 WWTP Mechanic GBU 375 $2,400.89 $2,521.10 $2,646.82 $2,779.16 $2,918.12 $3,064.25 WWTP Operator I GBU 322 $1,843.40 $1,935.49 $2,031.99 $2,133.45 $2,240.42 $2,352.36 WWTP Operator II GBU 344 $2,056.80 $2,159.92 $2,267.99 $2,381.04 $2,500.14 $2,625.32 WWTP Operator III GBU 364 $2,272.96 $2,386.55 $2,505.66 $2,630.83 $2,762.62 $2,900.48 WWTP Operator In Training GBU 301 $1,659.78 $1,743.04 $1,830.17 $1,921.70 $2,017.65 $2,118.56 Chief Building Official M 464 $3,669.11 $3,852.38 $4,044.84 $4,247.56 $4,459.48 $4,682.75 City Engineer M 525 $4,973.60 $5,222.28 $5,483.40 $5,757.48 $6,045.63 $6,347.83 Communications Manager M 456 $3,525.31 $3,701.55 $3,886.98 $4,081.06 $4,285.41 $4,499.49 Director of Community Development M 535 $5,228.23 $5,489.34 $5,763.97 $6,052.12 $6,354.86 $6,672.74 Director of Financial Services M 525 $4,973.60 $5,222.28 $5,483.40 $5,757.48 $6,045.63 $6,347.83 Director of Human Resources M 513 $4,684.92 $4,919.00 $5,164.98 $5,423.39 $5,694.23 $5,979.13 Director of Information Technology M 500 $4,390.83 $4,610.31 $4,840.61 $5,082.81 $5,336.89 $5,603.95 City of Madera Full Time Salary Schedule Effective 12/30/2023 Page 2 of 5 Adopted 2/7/2024 Attachment A ------
Job Title B/U Range A B C D E F
Bi-Weekly Pay Rate
Director of Parks & Community Services M 509 $4,592.47 $4,821.69 $5,062.80 $5,315.81 $5,581.79 $5,860.74 Planning Manager M 476 $3,895.09 $4,090.25 $4,294.60 $4,509.22 $4,734.65 $4,971.44 Police Chief M 554 $5,747.75 $6,035.36 $6,337.02 $6,653.81 $6,986.29 $7,335.52 Public Works Operations Director M 508 $4,569.23 $4,797.90 $5,037.93 $5,289.86 $5,554.22 $5,831.55 City Clerk EXE 419 $2,817.36 $2,958.70 $3,106.27 $3,261.63 $3,424.79 $3,596.27 City Manager EXE 587 $6,385.17 $6,704.58 $7,039.78 $7,391.80 $7,761.13 $8,149.32 Crime Analysis Technician MPOA 306 $1,701.69 $1,787.16 $1,876.49 $1,970.23 $2,068.38 $2,172.05 Police Corporal MPOA 383 $2,498.49 $2,623.66 $2,754.90 $2,892.20 $3,037.23 $3,188.87 Police Officer I MPOA 363 $2,261.38 $2,374.42 $2,492.97 $2,617.60 $2,748.83 $2,886.14 Police Officer II MPOA 373 $2,377.18 $2,495.73 $2,620.90 $2,751.59 $2,889.45 $3,033.92 Police Officer Trainee MPOA 333 $1,947.07 $2,044.67 $2,146.68 $2,254.21 $2,366.70 $2,485.26 Police Sergeant MPOA 426 $3,096.23 $3,251.18 $3,413.85 $3,584.24 $3,763.45 $3,951.48 Property & Evidence Officer MPOA 296 $1,618.97 $1,700.03 $1,784.95 $1,874.28 $1,968.02 $2,066.18 Public Safety Dispatcher MPOA 294 $1,602.98 $1,682.94 $1,767.30 $1,855.53 $1,948.17 $2,045.77 Records Clerk MPOA 270 $1,422.11 $1,493.25 $1,567.69 $1,646.54 $1,728.71 $1,815.28 City of Madera Full Time Salary Schedule Effective 12/30/2023 Page 3 of 5 Adopted 2/7/2024 Attachment A ------
A B C D E F F + 2.5% F + 5% F + 7.5% F + 10%
Executive Secretary to the Chief of Police LEMM 330 $1,918.39 $2,014.34 $2,114.70 $2,220.57 $2,331.41 $2,448.31 $2,509.52 $2,570.73 $2,631.93 $2,693.14 Police Auxiliary Services Supervisor LEMM 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 $2,772.34 $2,839.96 $2,907.57 $2,975.19 Police Commander LEMM 504 $4,568.52 $4,797.36 $5,037.23 $5,288.68 $5,553.36 $5,830.73 Police Lieutenant LEMM 487 $4,197.42 $4,406.96 $4,627.53 $4,859.12 $5,101.75 $5,357.06 Police Office Supervisor LEMM 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 $2,772.34 $2,839.96 $2,907.57 $2,975.19 Accountant I MM 322 $1,843.40 $1,935.49 $2,031.99 $2,133.45 $2,240.42 $2,352.36 $2,411.17 $2,469.98 $2,528.79 $2,587.60 Accountant II MM 362 $2,250.35 $2,362.84 $2,480.84 $2,604.91 $2,735.05 $2,871.80 $2,943.60 $3,015.39 $3,087.19 $3,158.98 Administrative Analyst I MM 358 $2,205.68 $2,315.97 $2,431.77 $2,553.63 $2,681.01 $2,815.00 $2,885.38 $2,955.75 $3,026.13 $3,096.50 Administrative Analyst II MM 386 $2,536.54 $2,663.36 $2,796.26 $2,936.32 $3,083.00 $3,236.84 $3,317.76 $3,398.68 $3,479.61 $3,560.53 Assistant Engineer MM 392 $2,613.18 $2,743.87 $2,881.18 $3,025.10 $3,176.74 $3,335.55 $3,418.93 $3,502.32 $3,585.71 $3,669.10 Associate Civil Engineer MM 445 $3,403.92 $3,574.31 $3,752.97 $3,940.46 $4,137.86 $4,344.65 $4,453.26 $4,561.88 $4,670.50 $4,779.11 Associate Planner MM 368 $2,318.73 $2,434.52 $2,556.39 $2,683.77 $2,818.31 $2,958.93 $3,032.90 $3,106.87 $3,180.84 $3,254.82 Communications Specialist MM 358 $2,205.68 $2,315.97 $2,431.77 $2,553.63 $2,681.01 $2,815.00 $2,885.38 $2,955.75 $3,026.13 $3,096.50 Deputy City Engineer MM 495 $4,368.36 $4,586.72 $4,816.11 $5,056.53 $5,309.63 $5,574.87 $5,714.24 $5,853.61 $5,992.98 $6,132.35 Electrical and Facilities Operations Manager MM 421 $3,020.13 $3,171.22 $3,329.48 $3,496.01 $3,670.81 $3,854.43 $3,950.79 $4,047.16 $4,143.52 $4,239.88 Engineering Project Manager MM 419 $2,989.81 $3,139.79 $3,296.40 $3,461.27 $3,634.42 $3,816.39 $3,911.80 $4,007.21 $4,102.61 $4,198.02 Executive Secretary MM 330 $1,918.39 $2,014.34 $2,114.70 $2,220.57 $2,331.41 $2,448.31 $2,509.52 $2,570.73 $2,631.93 $2,693.14 Executive Secretary to City Administrator MM 330 $1,918.39 $2,014.34 $2,114.70 $2,220.57 $2,331.41 $2,448.31 $2,509.52 $2,570.73 $2,631.93 $2,693.14 Financial Services Manager MM 446 $3,421.02 $3,591.96 $3,771.72 $3,960.31 $4,158.27 $4,366.15 $4,475.31 $4,584.46 $4,693.61 $4,802.77 Fleet Operations Manager MM 404 $2,774.75 $2,913.16 $3,058.73 $3,212.03 $3,372.49 $3,541.23 $3,629.76 $3,718.29 $3,806.82 $3,895.35 Grant Administrator MM 446 $3,421.02 $3,591.96 $3,771.72 $3,960.31 $4,158.27 $4,366.15 $4,475.31 $4,584.46 $4,693.61 $4,802.77 Grant Analyst MM 358 $2,205.68 $2,315.97 $2,431.77 $2,553.63 $2,681.01 $2,815.00 $2,885.38 $2,955.75 $3,026.13 $3,096.50 Human Resources Technician MM 290 $1,571.55 $1,649.85 $1,732.56 $1,819.14 $1,910.12 $2,005.52 $2,055.66 $2,105.79 $2,155.93 $2,206.07 Human Resources Technician II MM 310 $1,735.87 $1,823.00 $1,913.98 $2,009.93 $2,110.29 $2,215.61 $2,271.00 $2,326.39 $2,381.78 $2,437.17 Neighborhood Preservation Supervisor MM 380 $2,461.54 $2,584.51 $2,713.54 $2,849.74 $2,992.01 $3,141.45 $3,219.98 $3,298.52 $3,377.05 $3,455.59 Network Administrator MM 389 $2,574.59 $2,703.07 $2,838.16 $2,980.43 $3,129.31 $3,285.92 $3,368.07 $3,450.21 $3,532.36 $3,614.51 Parks Project Manager MM 426 $3,096.23 $3,251.18 $3,413.85 $3,584.24 $3,763.45 $3,951.48 $4,050.27 $4,149.06 $4,247.84 $4,346.63 Parks Manager MM 385 $2,523.85 $2,649.58 $2,782.47 $2,921.43 $3,067.56 $3,220.85 $3,301.37 $3,381.89 $3,462.41 $3,542.94 Parks Supervisor MM 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 $2,772.34 $2,839.96 $2,907.57 $2,975.19 Procurement Services Manager MM 358 $2,205.68 $2,315.97 $2,431.77 $2,553.63 $2,681.01 $2,815.00 $2,885.38 $2,955.75 $3,026.13 $3,096.50 Program Manager-Grants MM 366 $2,295.57 $2,410.26 $2,531.02 $2,657.30 $2,790.19 $2,929.70 $3,002.94 $3,076.19 $3,149.43 $3,222.67 Recreation/Community Programs Manager MM 390 $2,587.27 $2,716.85 $2,852.50 $2,995.32 $3,144.75 $3,302.46 $3,385.02 $3,467.58 $3,550.15 $3,632.71 Recreation/Community Programs Supervisor MM 353 $2,151.64 $2,259.17 $2,371.66 $2,490.22 $2,614.84 $2,745.53 $2,814.16 $2,882.80 $2,951.44 $3,020.08 Redevelopment Agency Secretary MM 342 $2,036.40 $2,138.41 $2,245.39 $2,357.33 $2,475.33 $2,599.40 $2,664.38 $2,729.37 $2,794.35 $2,859.34 Redevelopment Manager MM 427 $3,111.67 $3,267.17 $3,430.94 $3,602.43 $3,782.20 $3,971.33 $4,070.62 $4,169.90 $4,269.18 $4,368.47 Safety Officer MM 358 $2,205.68 $2,315.97 $2,431.77 $2,553.63 $2,681.01 $2,815.00 $2,885.38 $2,955.75 $3,026.13 $3,096.50 Senior Civil Engineer MM 475 $3,953.69 $4,151.10 $4,358.43 $4,576.79 $4,805.64 $5,045.50 $5,171.64 $5,297.78 $5,423.92 $5,550.05 Senior Planner MM 429 $3,143.10 $3,300.26 $3,465.13 $3,638.28 $3,820.25 $4,011.04 $4,111.31 $4,211.59 $4,311.87 $4,412.14 Solid Waste Manager MM 353 $2,151.64 $2,259.17 $2,371.66 $2,490.22 $2,614.84 $2,745.53 $2,814.16 $2,882.80 $2,951.44 $3,020.08 Streets & Storm Drainage Ops. Manager MM 385 $2,523.85 $2,649.58 $2,782.47 $2,921.43 $3,067.56 $3,220.85 $3,301.37 $3,381.89 $3,462.41 $3,542.94 Streets & Storm Drainage Supervisor MM 350 $2,119.66 $2,225.54 $2,336.92 $2,453.27 $2,576.24 $2,704.72 $2,772.34 $2,839.96 $2,907.57 $2,975.19 Tyler Munis Implementation Project Manager MM 408 $2,830.44 $2,972.16 $3,120.49 $3,276.54 $3,440.32 $3,612.36 $3,702.67 $3,792.98 $3,883.29 $3,973.60 Job Title B/U Range
Bi-Weekly Pay Rate
City of Madera Full Time Salary Schedule Effective 12/30/2023 Page 4 of 5 Adopted 2/7/2024 Attachment A --------------------
Job Title B/U Range A B C D E F F + 2.5% F + 5% F + 7.5% F + 10% Bi-Weekly Pay Rate
Utility Billing Supervisor MM 334 $1,956.99 $2,054.60 $2,157.71 $2,265.24 $2,378.83 $2,497.39 $2,559.82 $2,622.26 $2,684.69 $2,747.12 Waste Water Treatment Plant Manager MM 459 $3,650.41 $3,832.93 $4,024.27 $4,225.54 $4,436.73 $4,658.96 $4,775.43 $4,891.90 $5,008.38 $5,124.85 Wastewater Collection System Supervisor MM 346 $2,077.75 $2,181.42 $2,290.60 $2,405.30 $2,525.51 $2,651.78 $2,718.08 $2,784.37 $2,850.67 $2,916.96 Water & Sewer Operations Manager MM 423 $3,050.46 $3,202.65 $3,363.12 $3,531.30 $3,707.76 $3,893.03 $3,990.36 $4,087.68 $4,185.01 $4,282.34 Water Meter & Conservation Supervisor MM 340 $2,016.55 $2,116.91 $2,222.78 $2,334.17 $2,451.07 $2,573.48 $2,637.82 $2,702.16 $2,766.49 $2,830.83 Water System Supervisor MM 385 $2,523.85 $2,649.58 $2,782.47 $2,921.43 $3,067.56 $3,220.85 $3,301.37 $3,381.89 $3,462.41 $3,542.94 City of Madera Full Time Salary Schedule Effective 12/30/2023 Page 5 of 5 Adopted 2/7/2024 Attachment A --------------------
Attachment 2
City of Madera
Part-Time Salary Schedule
Effective 12/31/2022
Position
Schedule P
Range Step A Step B Step C Step D Step E
Program Leader I 17 15.50 16.00 16.50 17.00 17.50
Parking Enforcement Officer 17 15.50 16.00 16.50 17.00 17.50 Custodian 17 15.50 16.00 16.50 17.00 17.50
Park Aide 17 15.50 16.00 16.50 17.00 17.50
Facility Aide 17 15.50 16.00 16.50 17.00 17.50
Public Works Maintenance Aid 17 15.50 16.00 16.50 17.00 17.50 Lifeguard/Swim Instructor 18 16.00 16.50 17.00 17.50 18.00 Facility Aide, Certified Pool Operator 18 16.00 16.50 17.00 17.50 18.00 Head Lifeguard 20 17.00 17.50 18.00 18.50 19.00
Program Leader II 21 17.50 18.00 18.50 19.00 19.50
Pool Manager 21 17.50 18.00 18.50 19.00 19.50
Community Service Supervisor 22 18.00 18.50 19.00 19.50 20.00 Intern 22 18.00 18.50 19.00 19.50 20.00
Code Enforcement Consultant 32 23.00 23.50 24.00 24.50 25.00 Graphic Information Systems (GIS) Technician 40 27.00 27.50 28.00 28.50 29.00 Project Development Coordinator (Unlicensed) 70 42.00 42.50 43.00 43.50 44.00 Project Development Coordinator (Licensed) 86 50.00 50.50 51.00 51.50 52.00 Special Transportation Projects Director 106 60.00 60.50 61.00 61.50 62.00 Soccer Official 66 40.00 40.50 41.00 41.50 42.00
Softball Umpire (one official) 36 25.00 25.50 26.00 26.50 27.00 Softball Umpire (two officials) 26 20.00 20.50 21.00 21.50 22.00 Adult Basketball Referee 36 25.00 25.50 26.00 26.50 27.00 Youth Basketball Referee 26 20.00 20.50 21.00 21.50 22.00 Hourly Pay Rate
Per Game Pay Rate
Adopted 12/7/2022
Effective 12/31/2022

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: B-6
Wendy Silva, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

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

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

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

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

DISCUSSION:

California experienced severe winter storms beginning in December 2022. President Biden declared a major disaster for various counties in California, inclusive of Madera County, for severe winter storms, flooding, landslides, and mudslides. The disaster period began December 27, 2022, and concluded January 31, 2023. During the disaster period, the City of Madera experienced significant impacts, including:
▪ Debris clearing in the storm system, public right-of-way, and park spaces ▪ Emergency protective measures
▪ Catastrophic failure of the Avenue 13 sewer trunk line at Granada Drive ▪ Multiple storm drain line failures and related asphalt and/or sidewalk failures ▪ Asphalt failure
▪ Degradation of equipment at the Wastewater Treatment Plant due to additional incoming debris
▪ Administrative costs associated with the above as well as with administration of the claim for damages with FEMA and CalOES
The City Manager as the Director of Emergency Services initially declared a local disaster for the City of Madera on January 27, 2023. This declaration was ratified by the City Council at its meeting February 1, 2023, and has since been extended in compliance with the City’s municipal code and FEMA and CalOES requirements. The contemplated action will continue the local emergency as staff works with FEMA and CalOES on projects to repair and mitigate local impacts related to the declared disaster. Attachment 1 to this report summarizes the City’s projects submitted to FEMA and CalOES under this disaster. To be considered for reimbursement under the emergency declaration, all project work must be completed by July 14, 2024.

FINANCIAL IMPACT:

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

ALTERNATIVES:

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

ATTACHMENTS:

1. Table of submitted projects

2. Resolution continuing the Declaration of a Local Emergency for January 2023 winter storms
Attachment 1
Federal Emergency Management Agency Event 4683DR-CA: California Severe Winter Storms, Flooding, Landslides, and Mudslides City of Madera Submitted Projects
Category Project Work Status
Submitted All
Documentation to
FEMA Submitted Cost to FEMA
Federal
Cost Share
A - Debris Removal Various Debris Cleanup - Citywide Complete Yes 31,639.79 100% B - Emergency Protective Measures
Avenue 13 Sewer Trunk Line -
Emergency Bypass Pumping (days 1-60) Complete Yes 770,213.30 100% B - Emergency Protective Measures
Avenue 13 Sewer Trunk Line -
Emergency Bypass Pumping (61 days
plus) Complete Yes 375,984.30 75/25
C - Roads and Bridges
Lewis St / Monterey St - Storm Drain
and Sidewalk & T&C Park - Asphalt, Curb
and Gutter Complete Yes 51,172.27 75/25
C - Roads and Bridges
NW Corner D St / Green Way (Sherwood
Pond) - Asphalt and Storm Drain Complete Yes 4,316.64 75/25 C - Roads and Bridges Knox St / Neplus Way - Asphalt Complete Yes 18,218.55 75/25 F - Utilities*
Avenue 13 Sewer Trunk Line -
Permanent Work Complete Yes 1,321,932.99 75/25
Influent Pump #1: Repaired by contractor;
pump reinstalled and is operational; pending
receipt of inspection report
* Category F relating to the Avenue 13 sewer trunk failure will capture all costs not included in the two Category B projects for the same incident. The final number may be adjusted after all invoices are reviewed/reconciled by the FEMA Program Delivery Manager.

Influent Pump #2: Repaired by contractor;
pump reinstalled and is operational; inspection
report received
Influent Pump #3: Pending damage assessment
Grit Pump #1: New pump pending installation;
estimated at 30% complete with project
estimated to be complete 12/15/23
Grit Pump #2: Staff has assessed the pump and
advised it does not need repair at this time,
indicating they believe it will last another year.

F - Utilities WWTP - Repair/Replace Influent Pumps
and Grit Pumps
Incomplete 75/25
RESOLUTION NO. 24-__

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

CALIFORNIA, CONTINUING THE DECLARATION PROCLAIMING THE
EXISTENCE OF A LOCAL EMERGENCY – JANUARY 2023 WINTER STORMS IN ACCORDANCE WITH MADERA MUNICIPAL CODE TITLE III, CHAPTER 2 WHEREAS, pursuant to the provisions of Government Code section 8558(b), on January 4, 2023, the Governor of the State of California issued a “Proclamation of a State of Emergency” (“Governor’s Proclamation”) relating to severe winter storms and a series of atmospheric river systems that struck California, bringing high winds, substantial precipitation, and river, stream and urban flooding. The Governor’s Proclamation declared that conditions of extreme peril to the safety of persons and property exist due to these storms; and
WHEREAS,the Director of Emergency Services found that conditions of extreme perilto the safety of persons and property continue to existed within the City of Madera, caused by a series of extreme winter weather events that started on or about December 27, 2022; and WHEREAS, these extreme winter storm events, also referred to as “Atmospheric Rivers,” produced large rainfall totals and wind, leading to localized flooding and storm surges within the City’s critical infrastructure systems; and
WHEREAS, these extreme winter storm events caused damage to the City of Madera and other public and private facilities, including but not limited to roads, critical infrastructure, transportation corridors, and buildings, the extent of which has not been completely compiled; and WHEREAS, local resources have been and will continue to be deployed by the City of Madera to mitigate and recover from these extreme weather events, thereby depleting strained public safety resources such as Law Enforcement, Public Works, and Engineering services; and WHEREAS, on January 27, 2023, the City’s Director of Emergency Services declared a local emergency thereby activating the Emergency Operations Center, and such action was ratified by the City Council; and
WHEREAS, the City Council has regularly reviewed the need for continuing the local emergency, and has continually extended the declaration of emergency such that it has continued unabated since the City’s Director of Emergency Services declaration was ratified by the City Council; and WHEREAS, the Director of Emergency Services requests that the City Council continue the declaration of a state of local emergency for the City of Madera as impacts from the storm events continue to be evaluated, repaired, and or mitigated; and
WHEREAS, the City Council desires to continue the duration of the declaration of emergency as there is a need for the same.

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

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

2. Government Code Section 8630 requires that the Council review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. The City Council has reviewed the need for continuing the local emergency and finds that the state of emergency conditions related to the January 2023 winter storms are ongoing and are recognized as an imminent threat to our citizens. As such, the City Council extends and continues the declaration of a local emergency.

3. City Staff are directed to thereafter return this item for Council review of the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency.
***********

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: B-7
Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 2 to an Agreement with Beyaz and Patel Inc. Regarding the Loy Cook Water Tower
RECOMMENDATION:

Adopt a Resolution approving Amendment No. 2 to the Consultant Services Agreement with Beyaz & Patel Inc. for the preparation of engineering plans and specifications for the renovation of the Loy Cook Water Tower
SUMMARY:

On December 15, 2021, City Council (Council) approved an agreement with Beyaz and Patel in the amount of $104,789.38 for professional engineering services for the structural evaluation and interior and exterior coating evaluation of the Loy Cook Water Tower. On December 21, 2022, Council approved Amendment No. 1 to this agreement for engineering services to prepare construction bidding documents and provide services during construction for the renovation of both the interior and exterior of the tank including structural rehabilitation. However, the amount authorized as part of Amendment No. 1 only included costs related to engineering services for the water tower structural retrofit and exterior coating. It inadvertently omitted $50,689.39 in costs for the engineering services for the interior recoating of the water tower.

Amendment No. 2 is needed to bring those costs into the contract.

BACKGROUND:

On September 16, 2021, the City issued a Request for Proposals to prepare an evaluation of the water tower. The City received two responses, and on December 15, 2021, Council approved an agreement with Beyaz and Patel Inc. (‘Consultant’) to prepare an engineering evaluation of the tower for $104,798.38. More specifically, the agreement called for:
▪ Field investigation, structural analysis, and recommendations of the water evaluate the structure relative to current seismic and building codes. ▪ Analysis and recommendations of the interior and exterior coatings of the structure. A 20-year maintenance program will be provided.

On December 21, 2022 Council approved Amendment 1 for the preparation of engineering plans and specifications for bidding purposes and to provide engineering services during construction for the interior recoating and exterior recoating and structural retrofit. Table 1 summarizes the proposed costs to provide said services as submitted by the consultant.

Table 1: Loy Cook Additional Engineering Services Costs from Proposal Item Amount
Interior Recoating $50,689.39
Tower Structural Retrofit & Exterior Coating $119,149.37 Total $169,838.76
Bayez & Patel completed preparation of the contract documents for the interior, exterior and structural rehabilitation for the Loy Cook Water Tower. The project has moved into construction and is approximately 35% complete.

It was discovered when processing a consultant invoice that the approved Amendment No. 1 neglected to include the of costs of engineering services for the interior of the tank in the compensation total. The compensation approved with Amendment No. 1 was $119,149.37 rather than $169,838.76. As a result, staff is presenting Amendment No. 2 modifying the compensation amount to include the fees for the interior and exterior, in the amount of $169,838.76 as intended with Amendment No. 1.

FINANCIAL IMPACT:

The funding for City Project W-22 and W-34, for the water storage tank improvements, is managed and allocated within the Fiscal Year 2023/24 Capital Projects Budgets. These budgets draw exclusively from the Water Utility Funds, safeguarding the City's General Fund from any financial burden associated with this specific project.

This approach ensures that the essential improvements to our water storage tank in alignment with the City’s commitment to maintaining a robust and reliable water infrastructure. By leveraging the Water Utility Funds for Project W-22 and W-34, the City can continue to meet the demands for high-quality water services without adversely affecting the City’s broader financial stability.

ALTERNATIVES:

Not approve Amendment No. 2 as presented and reduce the scope of work for the project to the approved budget of $119,149.37. However, critical construction oversight and inspection services to be provided by the consultant would be halted and engineering staff does not have the proper qualifications for this work.

ATTACHMENTS:

1. Resolution
a. Exhibit A – Amendment No. 2
a. Attachment A to Amendment No. 1
Attachment 1
Resolution
RESOLUTION NO. 24-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 2 TO THE
CONSULTANT SERVICES AGREEMENT WITH BEYAZ & PATEL, INC.

FOR PROFESSIONAL ENGINEERING SERVICES FOR THE

PREPARATION OF ENGINEERING PLANS AND SPECIFICATIONS

FOR THE RENOVATION OF THE LOY COOK WATER TOWER
WHEREAS, a project to rehabilitate and repair the Loy Cook Water Tower is included in the 23/24 Capital Project Budget (the Project); and
WHEREAS, the City of Madera (City) received an engineering report from Beyaz and Patel Inc. with recommendations for the renovation of the interior and exterior of the Loy Cook Water Tower; and
WHEREAS, the City received a proposal from Beyaz and Patel Inc to prepare engineering plans and specifications and provide certain services during construction based on their engineering report; and
WHEREAS, Beyaz & Patel Inc. submitted a fee proposal of $50,689.39 for engineering services related to the interior recoating and $119,149.37 for services related to the exterior recoating and seismic retrofit for a total of $169,838.76; and WHEREAS, the City Council approved Amendment No. 1 to provide engineering services for both the interior and exterior renovation with a compensation amount of $119,149.37; and WHEREAS, an amendment is needed to add the costs relating to engineering services for the interior coating of the water tank to the total compensation for the services provided under Amendment No. 1.

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. Amendment No. 2 to the Agreement with Beyaz & Patel Inc. for Professional Engineering Services approving the total compensation amount of $169,838.76 for the preparation of engineering plans and specifications for the interior coating, exterior painting, and structural upgrades of the Loy Cook Water Tower is approved.

A copy of said Amendment No. 2 to the Agreement is attached as Exhibit A hereto.

3. This resolution is effective immediately.

EXHIBIT A
Amendment No. 2
AMENDMENT NO. 2 TO THE CONSULTANT SERVICES AGREEMENT
WITH BEYAZ & PATEL, INC. FOR THE PREPARATION OF ENGINEERING

PLANS AND SPECIFICATIONS AND CONSTRUCTION MANAGEMENT

SERVICES FOR THE RENOVATION OF THE LOY COOK WATER TOWER This Amendment No. 2 to the Consultant Services Agreement for Professional Engineering Services for the Structural Evaluation and Interior and Exterior Coating Evaluation of the Loy Cook Water Tower, City Projects W-22 and W-32 (“Amendment No. 2”) between the City of Madera(“City”) and Beyaz & Patel, Inc. (“Consultant”) is entered into this 7th day of February, 2024.

WHERAS, on December 15, 2021, City and the Consultant entered into an Agreement for professional engineering services for the structural evaluation and interior and exterior coating evaluation of the Loy Cook water tower (“Agreement”); and WHEREAS, the Agreement was amended on December 21, 2022 (“Amendment No. 1”) to include preparation of engineering plans and specifications and certain services during construction for the renovation of the interior and exterior of the Loy Cook Water Tower; and WHEREAS, the compensation provided for in Amendment No. 1 did not include costs related to engineering services for the interior recoating portion of the project; and WHEREAS, Amendment No. 2 to Agreement is necessary to revise the compensation for the additional engineering services agreed to under Amendment No.1.

AGREEMENT
In consideration of the recitals listed above and the mutual obligations of the parties herein, City and Consultant agree that the Agreement for Professional Engineering Service for the Structural Evaluation and Interior and Exterior Coating Evaluation of the Loy Cook Water Tower specifically City Project W-22 and W-34, between City and Consultant shall be amended as follows:

SECTION 3. Section 3 of the Agreement titled “Compensation for Services” shall be amended by deleting the text added to this section by Amendment 1 and adding the following text to the end of said Section:

Consultant shall provide the additional professional engineering services for a fee of $169,838.76 as identified in Attachment A to Amendment No. 1 and incorporated by reference.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement to be executed as of the day and year first above written.

CITY OF MADERA
Santos Garcia, Mayor
APPROVED AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
BEYAZ AND PATEL INC.

Subhash Patel
President
Attachment A to Amendment No. 1
Proposal, Fee, and Schedule
10920 Via Frontera
Suite 210
San Diego, CA 92127
(858) 451-0374 phone
www.beyazpatel.com
www.facebook.com/beyazpatel
#beyazpatel
November 28, 2022
Steve Bettencourt
Project Manager

CITY OF MADERA
428 E. Yosemite Ave.

Madera, CA 93636
SUBJECT: LOY E. COOK WATER TOWER INTERIOR AND EXTERIOR RECOATING AND TOWER

RETROFIT DESIGN, ADDENDUM A
Dear Mr. Bettencourt:

As requested, Beyaz & Patel is pleased to submit our proposal for the interior and exterior recoating and retrofit design of the Loy E. Cook Water Tower (the “Tower”), located on the southwest corner of South and Columbia Streets. Beyaz & Patel’s proposal is based on the inspection and evaluation work conducted under City Projects W-22 and W-34 and subsequent conversations with the City.

A. PROJECT BACKGROUND
Beyaz & Patel evaluated the Tower. The objective was to assess the water tower’s structural integrity and the interior and exterior coating condition and make recommendations for improvements.

Interior and Exterior Recoating
The tank interior is corroded and needs the replacement of the existing coating. Field inspection revealed that the tank exterior and tower structure have experienced minor corrosion damage and need recoating. First, the critical element is the overstressed anchor bolt connections to the concrete foundation.

Retrofit Design
The structural evaluation revealed that the Tower structure does not meet the current code requirements. Major elements include: First, the column base plate and anchor bolts require retrofit. Second, the existing horizontal tie-rods at mid-height connecting outer columns to the center column are inadequate and need replacement.

B. SCOPE OF SERVICES
The City has prioritized first replacing the interior coating of the tank. The second contract will be exterior recoating and structural retrofits of the tank and tower structure. Please see Bid Package 1 and 2 Schedules for more detail, and refer to the Cost Proposal for more information regarding the bid and construction phases.

BEYAZ & PATEL
Celebrating 40 Years of Structural Engineering Excellence ~
0 0
Steve Bettencourt
November 28, 2022

Page 2 of 4 ends

BID PACKAGE 1: Tank interior corrosion repairs and coating replacement

1.0 PROJECT MANAGEMENT

1.1 Kick-Off Meeting

1.2 Bi-Weekly Coordination Meeting

2.0 INTERIOR COATING

2.1 Interior Coating Submittal and Cost Estimate

2.2 QA/QC

2.3 Review Comments

2.4 Final Submittal

2.5 Assist the City in preparing bid documents.

3.0 BID PHASE

3.1 PreBid Meeting

3.2 Respond to Contractor Questions

4.0 CONSTRUCTION PHASE

4.1 Construction Meeting (1)/Observations

4.2 Respond to RFIs

4.3 Review Submittals

4.4 Coating Inspections by a SSPC QP5 Certified Coating Inspector by CSI Services Inc.

BID PACKAGE 2: Tank exterior and tower structure corrosion repairs and recoating and retrofitting the tower structure.

1.0 PROJECT MANAGEMENT

1.1 Kick-off Meeting

1.2 Monthly Invoicing and Status Updates

1.3 Biweekly Coordination Meetings
Steve Bettencourt
November 28, 2022

Page 3 of 4 ends

2.0 75% DESIGN PACKAGE

2.1 75% Submittal

2.2 City Review of 75% Design Package

2.3 75% Design Review Meeting

3.0 95% DESIGN PACKAGE

3.1 95% Submittal

3.2 95% QA/QC Review

3.3 City Review of 95% Submittal

3.3 95% Design Review Meeting

4.0 FINAL DESIGN PACKAGE AND COST ESTIMATE

5.0 BID PHASE

5.1 PreBid Meeting

5.2 Respond to Contractor Questions

6.0 CONSTRUCTION PHASE

6.1 Construction Meeting (1)/Observations

6.2 Respond to RFIs

6.3 Review Submittals

6.4 Coating Inspections by a SSPC QP5 Certified Coating Inspector by CSI Services Inc.

C. ASSUMPTIONS AND EXCLUSIONS
• All drawings shall be prepared in AutoCAD.
• Bid phase and construction support services are included as separate tasks in the Cost Proposal. • Each bid package will include technical specifications, a bid list, and a description of each bid item.
• Rates match the current contract rates.
• Attached schedules include the date of each deliverable.

Steve Bettencourt
November 28, 2022

Page 4 of 4 ends

D. COMPENSATION
For Bid Package No. 1, we propose a fee of $17,435 for design and $33,255 for bid and construction. For Bid Package No. 2, we propose a fee of $65,861 for design and a fee of $53,288 for bid and construction.

Please see the attached Cost Proposal. Any changes in the Scope of Services require adjusting the proposed fees. The proposed fees include all reasonable expenses.

Thank you for letting Beyaz & Patel be of continued service to the City. If you have any questions or need additional information regarding our proposal, please contact me at 858.451.0374 or by email.

Best Regards,

BEYAZ & PATEL
Subhash Patel, PE, SE
President and Principal Structural Engineer
858.451.0374
[email protected]
Principal Senior Cad Admin Sub
Engineer Engineer Designer Assistant CSI ODC TOTAL
Hourly Billing Rates $246.00 $213.00 $133.00 $77.00 Lump Sum 3% COST Bid Package 1: Interior Recoating

1.0 Project Management 5 2 0 1 $1,000.00 $2,733.00 $81.99 $2,814.99

1.1 Kick-Off Meeting 1 1 $200.00 $523.00 $15.69 $538.69

1.2 Bi-Weekly Coordination Meeting 4 2 $800 $2,210.00 $66.30 $2,276.30

2.0 Interior Coating 18 24 0 2 $4,500.00 $14,194.00 $425.82 $14,619.82

2.1 Interior Coating Submittal and Cost Estimate 8 14 $3,000.00 $7,950.00 $238.50 $8,188.50

2.2 QA/QC 2 6 $0.00 $1,770.00 $53.10 $1,823.10

2.3 Review Comments 4 $500.00 $1,484.00 $44.52 $1,528.52

2.4 Final Submittal 2 2 $1,000.00 $1,646.00 $49.38 $1,695.38

2.5 Assist the City in preparing bid documents. 2 4 $0.00 $1,344.00 $40.32 $1,384.32

3.0 Bid Phase 4 6 0 0 $1,000.00 $3,262.00 $97.86 $3,359.86

3.1 PreBid Meeting 2 $500.00 $992.00 $29.76 $1,021.76

3.2 Respond to Contractor Questions 2 6 $500.00 $2,270.00 $68.10 $2,338.10

4.0 Construction Phase 22 24 0 0 $18,500.00 $29,024.00 $870.72 $29,894.72

4.1 Construction Meeting (1)/Observations 8 8 $1,500 $5,172.00 $155.16 $5,327.16

4.2 Respond to RFIs 2 8 $800 $2,996.00 $89.88 $3,085.88

4.3 Review Submittals 4 8 $1,200 $3,888.00 $116.64 $4,004.64

4.4 Coating Inspections 8 $15,000 $16,968.00 $509.04 $17,477.04 TOTAL 49 56 0 3 $25,000.00 $49,213.00 $1,476.39 $50,689.39 Bid Package 2: Tower Retrofit and Coating

1.0 Project Management 11 4 0 3 $1,200.00 $4,989.00 $149.67 $5,138.67

1.1 Kick-Off Meeting 1 1 $200.00 $523.00 $15.69 $538.69

1.2 Monthly Invoicing and Status Report 4 4 $0.00 $1,836.00 $55.08 $1,891.08

1.3 Bi-Weekly Coordination Meetings 6 2 $1,000.00 $2,630.00 $78.90 $2,708.90

2.0 75% Design Package 14 44 96 3 $3,500.00 $29,315.00 $879.45 $30,194.45

2.1 75% Submittal 12 44 96 2 $3,200.00 $25,246.00 $757.38 $26,003.38

2.2 75% Design Review Meeting 2 1 $300.00 $569.00 $17.07 $586.07

3.0 95% Design Package 22 32 62 5 $1,900.00 $22,759.00 $682.77 $23,441.77

3.1 95% Submiital 8 24 62 4 $1,600.00 $17,234.00 $517.02 $17,751.02

3.2 QA/QC 10 $0.00 $2,460.00 $73.80 $2,533.80

3.3 95% Review Meeting Commnets 4 8 1 $300.00 $3,065.00 $91.95 $3,156.95

4.0 Final Design Package 2 4 16 4 $3,100.00 $6,880.00 $206.40 $7,086.40

5.0 Bid Phase 9 18 0 0 $2,300.00 $8,348.00 $250.44 $8,598.44

5.1 Assist City with Bid Document Preparation 2 4 $1,000.00 $2,344.00 $70.32 $2,414.32

5.2 PreBid Meeting 2 2 $300.00 $1,218.00 $36.54 $1,254.54

5.3 Respond to Contractor Questions 1 8 $500.00 $2,450.00 $73.50 $2,523.50

5.4 Addenda 4 4 $500.00 $2,336.00 $70.08 $2,406.08

6.0 Construction Phase 42 56 16 0 $19,000.00 $43,388.00 $1,301.64 $44,689.64

6.1 Construction Meeting (2)/Observations 16 $1,600.00 $5,536.00 $166.08 $5,702.08

6.2 Respond to RFIs 8 16 $1,200.00 $6,576.00 $197.28 $6,773.28

6.3 Review Submittals 8 36 $1,200.00 $10,836.00 $325.08 $11,161.08

6.4 Coating Inspections 8 $15,000.00 $16,968.00 $509.04 $17,477.04

6.5 As-Built Plans 2 4 16 $0.00 $3,472.00 $104.16 $3,576.16 TOTAL 100 158 190 15 $31,000.00 $115,679.00 $3,470.37 $119,149.37 City of Madera
Loy E. Cook Water Tower
Interior Coating, Exterior Recoating, and Retrofit Design Total Labor

BEYAZ & PATEL
----------------------------

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: B-8
Keith Helmuth, P.E., Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Budget Amendment to Allow Reimbursement to Origo Cold Madera Phase I, LLC for Certain Improvements Associated with Amond World
RECOMMENDATION:

Adopt a Resolution approving a budget amendment increase of $536,569.30 for the purpose of reimbursing Origo Cold Madera Phase I, LLC for certain improvements completed in connection to the Reimbursement Agreement (Agreement)
SUMMARY:

The Owner, Origo Cold Madera Phase I LLC completed improvements constructed in accordance with the approved Agreement and were accepted by City Council (Council) on November 1, 2023.

Request for Reimbursement from the Owner followed shortly after. The total amount of funds available had not previously been budgeted to allow for reimbursement from the Northwest Storm Drain account. While the funds are available within the Northwest Storm Drain account to complete the reimbursement, they are not currently budgeted. It is recommended that the Council approve a budget amendment increase to allow for reimbursement of storm drainage improvements.

DISCUSSION:

With Acceptance of off-site improvements, the City was able to begin the reimbursement process for the accepted improvements. A partial reimbursement was made based on the current amount budgeted for reimbursements. However, the amount budgeted for reimbursement from the Northwest Storm Drain account did not allow for complete reimbursement at that time.

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:

Not approve the budget amendment. Should the City not approve the Budget Amendment, the Subdivider would be reimbursed less than the full amount available to be reimbursed counter to what the Conditions of Approval for the project state.

ATTACHMENTS:

1. Resolution
Exhibit A: Reimbursement Agreement
Exhibit B: Amendment No. 1- Reimbursement Agreement
Exhibit C: Budget Amendment Sheet
Attachment 1
Resolution
RESOLUTION NO. 24-______

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

CALIFORNIA APPROVING A BUDGET AMENDMENT TO ALLOW FOR

REIMBURSEMENT OF IMPROVEMENTS TO ORIGO COLD MADERA, PHASE

I, LLC ASSOCIATED WITH THE AMOND WORLD PROJECT
WHEREAS, acceptance of improvements for the Amond World Project constructed in accordance with the Reimbursement Agreement (Agreement) as seen in Exhibit A between the City of Madera and Origo Cold Madera, Phase I, LLC (Owner)was approved by the City Council on November 1, 2023; and
WHEREAS, the Amond World Project is to an amendment to the Agreement as seen in Exhibit B that provides for reimbursement of water main improvements in addition to those defined in the Agreement; and
WHEREAS, the Northwest 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 Owner; and
WHEREAS, there are insufficient funds programmed in the FY 2023/24 budget for the funds currently available in the Northwest Storm Drain impact Fee account; and WHEREAS, funds are available in the Northwest Storm Drain Impact Fee Account No. 4105; and
WHEREAS, the Budget Amendment would allow for reimbursement as outlined in the agreement.

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 C, 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
Reimbursement Agreement Between City of Madera and Origo Cold Madera Phase I LLC
(Site Plan Review No. 2021-41)

Exhibit B
Amendment No. 1
Reimbursement Agreement Between City of Madera and Origo Cold Madera Phase I LLC
(Site Plan Review No. 2021-41)

Exhibit C
City of Madera
Budget Amendment
Org Code Object
Code
Description
Appropriation as part of
Construction Approval
+ -
41050000 8260 Transfer Out Account 20,000
41050000 6800 Due To Developers 20,000
41050000 1005 Pooled Cash 516,569.30
41050000 6800 Due to Developers 516,569.30
01425.0001/957845.1

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: C-1
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Public Hearing No. 4 for Updating of City Councilmember District Boundaries for Annexed Property
RECOMMENDATION:

Conduct a Public Hearing to receive public input on district boundaries to account for property annexed to the City
SUMMARY:

The subject matter has been scheduled to provide the City Council with a report on the districting process for properties annexed into the City and the permissible criteria to be considered to modify district boundaries, as well as to conduct a Public Hearing to receive public input on district boundaries.

BACKGROUND:

Every 10 years, pursuant to Election Code section 21601, cities with by-district election systems are required to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. This process, called redistricting, ensures that all districts have a nearly equal population. The City adopted its current district boundaries in 2022 based on 2020 census data as required by law.

Between October 20, 2021 and March 16, 2022, the Council held five public hearings to complete the redistricting requirements and dedicated public outreach to ensure minority populations and communities of interest were aware of the redistricting effort and were provided with options to participate. On April 6, 2022, Council adopted an Ordinance Amending Section 2-1.21 of Chapter 1 of Title II of the Madera Municipal Code Regarding By-District 01425.0001/957845.1
Elections, Adjusting the Boundaries of City Council Election Districts and Confirming Such Revised Council Boundaries.

Since the adoption of the current boundary maps, there has been significant annexation (Villages at Almond Grove) in the northwest portion of the City, adjacent to Council District 1.

The annexed area is currently predominately agricultural land with several homes. While the area is in the City, it is not within a Council district, thus the Council District Boundary Maps must be modified to incorporate the annexed area. Per the prior Elections Code, the redistricting of this area must occur by April 2024, 205 days prior to the next regular election on November 5, 2024. Given that recent updates to the Elections Code effective January 1st no longer identify a specific date, the City will continue to use this deadline until further guidance is provided by the State or elections officials.

DISCUSSION:

Process:

The City Council typically chooses where the district lines will be drawn every 10 years based on the latest U.S. Census. Between these regular 10-year updates, changes to district boundaries are typically not allowed under the Elections Code. However, there is an exception for the circumstances here, as new territory has been annexed into the City and the total annexed territory contains less than 25 percent of the City's population. In such cases, the City Council may update the district boundaries to allow for the new members of the community to vote in City elections, etc.

State laws set strict criteria for the updates of the district boundaries in such circumstances.

Specifically, the City Council is required to add the new territory "to the nearest existing Council district” without changing the boundaries of other Council district boundaries. As a result, the City’s discretion is limited regarding the present annexation.

Even though the criteria for setting the boundaries for annexed property is constrained by State law, the default procedures for redistricting boundaries still apply. Under these procedures the public will have the opportunity to draw and submit district maps for the Council's consideration, and the City may develop its own maps for consideration. By law, including updated that occurred on January 1st, the City must hold at least five public hearings that enable community members to provide input on the drawing of district maps per the following:
 Two Public Hearing will be held to invite public input regarding the composition of the City's voting districts before any draft maps are drawn. The City has previously complied with this requirement.
 Three Public Hearings will be held to invite public input regarding the composition of the City's proposed modifications to the voting districts after the draft maps are drawn. One such meeting was held on January 17th, with the other two hearings scheduled for February 7th and February 21st.
01425.0001/957845.1
 After the Public Hearings, the City Council will introduce an ordinance establishing a map with the modified voting division boundaries at a scheduled meeting date of the City Council to be determined, likely February 21, 2024, and the ordinance will then be presented for final adoption at the subsequent regularly scheduled meeting anticipated for March 6, 2024.

Mandatory Criteria for Creating Districts:

While public input concerning the composition of the City's voting divisions will be considered, as noted above there are several mandatory criteria that the City must comply with when the actual divisions are created:

1. Any annexed property must be added to the nearest existing Council district; and

2. No other changes to existing Council districts can occur.

FINANCIAL IMPACT:

There is no fiscal impact to modifying the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary maps.

ALTERNATIVES:

Decline to hold a Public Hearing at this time.

ATTACHMENTS:

1. Council Districts Map with Annexations

2. Council Districts Map with Proposed Boundary Modifications 01425.0001/957845.1
ATTACHMENT 1
Council Districts Map with Annexations
AVE 12
AVE 13
AVE 17
STATE RTE 99
STATE HWY 99
RD 29
RD 24
STATE RTE 145 STATE HWY 145
RD 23
RD 28
AVE 16
N D ST

ELLIS ST
AVE 15 1/2
RD 25
RD 27
RD 28 1/2
HWY 99
RD 26 1/2
RD 26

W PECAN AVE
AVE 15

N LAKE ST

RAYMOND RD
AVE 18

SUNSET AVE
AVE 13 1/2

W CLEVELAND AVE

DALEY RD

COUNTRY CLUB DR

MARTIN ST

AUSTIN ST
AVE 14
RD 22 1/2

S GRANADA DR
S C ST
RD 25 1/2
S D ST
RD 23 1/2

N GRANADA DR
S E ST
N I ST
AVE 18 1/2

LAKE ST
AVE 14 1/2

N SCHNOOR AVE
S A ST

HOWARD RD

N GATEWAY DR
RD 28 1/4

ADELL ST
AVE 12 1/2 PECAN LN

S PINE ST
S I ST
E 6TH ST

RIVERVIEW DR
S G ST
N G ST

SHARON BLVD
W 4TH ST

VARDEN DR

CLINTON ST

RODEO DR

OWENS ST

S MADERA AVE
W 6TH ST

ALMOND AVE

E YOSEMITE AVE

LILLY ST

FAIRFIELD DR
RD 29 1/2

LANE DR

STADIUM RD
S H ST

SONORA ST

WALDEN DR
E 5TH ST

MONTEREY ST

E OLIVE AVE
N H ST
N E ST

OREGON AVE

TROPICAL DR
AVE 13 1/4
W 5TH ST
S B ST
RD 24 1/2

WILLIS AVE

W OLIVE AVE

SHERWOOD WAY

CAMDEN DR

GARDENA DR

TULARE ST
S K ST

E LINCOLN AVE

E CLEVELAND AVE

WILLIAMS AVE

BROOK DR
AVE 29
W 3RD ST

TREMAINE AVE

E GARY LN
FIG ST

S GATEWAY DR

HILL DR

WATT ST
S L ST

HARPER BLVD
N N ST

SUNRISE AVE
E 4TH ST
N C ST
S J ST

SANTA FE DR

BALDWIN ST

ARIZONA AVE

CLARK ST

FAIRVIEW ST

MAPLE ST
RD 29 1/4
RD 27 3/4
AVE 17 1/2

MELBA DR
N B ST
ELM ST

E RUSH ST

W YOSEMITE AVE

CREST DR
N O ST

TULIP RD

FONDA AVE

RIDGEDALE DR

EL VADO DR

E ADELL ST

N PINE ST

N WESTBERRY BLVD

S LAKE ST
AVE 11 3/4
AVE 13 3/4
N A ST

GOLDEN STATE BLVD

NATIONAL AVE

E ALMOND AVE

SIERRA ST

MELBA DR E

MATTINGLY ST

CHAPIN ST

ROTAN AVE

HULL ST

NORWALK DR

CONDOR RD

HALEY WAY

FALCON DR

CRESCENT DR

MAINBERRY DR

RIVERSIDE DR

VINEYARD AVE

DAVIS ST

WATSON ST

E KENNEDY ST

E SHERWOOD WAY

CROSS ST

VINE RD
E 3RD ST
N L ST

GREENTREE AVE
E 11TH ST

GARY LN

HULL AVE

BOLES ST

AIRPORT DR

PARKWOOD AVE
S N ST

SHARON AVE

CARDWELL ST

BORDEN ST

KREST ST

SHELL DR

ORCHARD AVE

HILTON ST

FAIRVIEW AVE
AVE 15 3/4
N M ST

W ADELL ST

PERKINS RD

CONRAD ST

FRESNO ST

CIRCLE DR

SEABRIGHT DR

ROOSEVELT ST

S SCHNOOR ST

COLUMBIA ST

VENTURI AVE

LA BREA AVE

AVELLAR DR

S KNOX ST

MERRIL AVE
E 9TH ST

W DAVIS ST
E 12TH ST

E PECAN AVE

STOREY RD

W ALMOND AVE
AVE 18 1/4

KROHN ST

OPHIR DR

LACRETA AVE

ADELAIDE ST

ROGERS ST

SAN JOSE AVE
E 10TH ST
14 AVE

GREEN WAY

BROOK DR W

NEBRASKA AVE

E SOUTH ST

NILE ST

TANFORAN DR

PEAR ST

FOXGLOVE WAY

AVIATION DR

BROOK DR E

E CENTRAL AVE

TOZER ST

SENECA DR

GLADE AVE

HANOVER DR

MERCED ST

EL PASO RD

STANFORD AVE

CAITLAN DR

WESSMITH WAY

DELLAVALLE AVE
RD 27 1/2
S O ST

VALENCIA AVE
W 7TH ST

SAN BRUNO AVE
W 8TH ST

ADANAC WAY

UNIVERSITY AVE

KIWI ST

SHERWOOD ST

COMMERCE DR

TEMPLE DR

WESTBERRY BLVD
OAK ST

ARDILLA DR
OSO DR

SHANNON ST

WARD ST

SHORE DR
AVE 18A

OLD MILL DR

W INDUSTRIAL AVE
13 1/2 AVE

SAN CARLOS AVE

LADA AVE

BERKELEY DR
AVE 12 1/4

BLOKER ST
N K ST

WOOD ST
N P ST

MAGNOLIA ST

ASPEN LN

AMADOR ST

EAST LOOP

NOBLE ST

FRISCO WAY
E 13TH ST

KNOX AVE

DESHA ST

PAMELA DR

FERN ST
N Q ST

PICKFORD DR

MIDLAND WAY

RAYMOND THOMAS ST

SAUNDERS RD

MONOCOTT DR

TANGERINE AVE

WALLACE ST

WALDEN AVE
E 14TH ST

LAGUNA WAY

JEFFERSON AVE

FARALLON RD

CUTTING ST

DOUBLETREE WAY

GROVE ST

STEPHANIE LN

REGAL DR

HONDA RD

GRANT AVE

EMILY WAY

SUNDANCE LN

BERRY DR

GAMAY AVE

RHINE DR

PARK ST

PINEWOOD DR

CRONIN ST

WALLACE AVE
E 2ND ST
HAI LN

PLUMAS ST

TAMARISK DR

MISSION ST

KENT DR

E CLARK ST

ZAK WAY

MACADAMIA AVE

MADISON DR

W PARK DR

WALNUT ST

WEST LOOP

BEECHWOOD WAY

ENCANTADA AVE

DEBORAH LN
CO RD 29

COLOMBARD DR

YEAGER RD

W LEWIS ST

ROBERTS AVE

BEDFORD DR

FLUME ST

LINDEN ST

LAUREL ST

REN WAY

NOREEN WAY

CONCORD AVE
W 9TH ST

DRIFTWOOD DR

DUTRA WAY
S P ST

PROSPECT DR

REXFORD DR

TAYLOR LN

MALONE ST

JENNINGS ST

E ELLIS ST

LIBERTY LN

GEORGIA AVE

PIED PIPER LN

JOYA DR

DILLON WAY

HIGH ST

MARIE DR

S PARK DR

DUNHAM AVE

KNOLL WAY

PAPAYA ST

W WILSON ST

DAULTON AVE

AMERINE AVE

AVON WAY

STINSON AVE

RIDGE WAY

AUTUMN RD

GILL AVE POSEY AVE

SANARITA WAY

HILLSBORO AVE

GARFIELD AVE

STEVEN LN

LA JOLLA WAY

SHANNON AVE
11TH ST

N PARK DR

PHILLIP ST

ECHO ST

MERLOT AVE

W ROBERTS AVE

ST MONTELENA DR SANTA CRUZ ST

MOORE ST

GAMAY ST

CHOLLA AVE

HAZEL AVE

DE CESARI AVE

SCOTT WAY

TREVOR WAY
AVE 18 3/4

BARNETT WAY
AVE 17 3/4

ARNOLD WAY

PARK LN

FAIRWAY AVE

TOSCHI DR

S TANGERINE AVE

CANAL WAY

JAMES WAY

DIAMOND WAY
JOY ST

QUADY LN

CAMINO LN

WESTGATE DR

HAZELNUT LN

BEND ST

TUOLUMNE ST

COYOTE LN

HOLIDAY WAY

GLENVILLE AVE

ASILOMAR DR

TRAGON ST
W 1ST ST

SEGOVIA WAY

FOSTER AVE

ALPINE ST

VIA CERIONI

BURGUNDY DR

BARSTOW DR

CRYSTAL DR

SMITHWOOD DR
W 2ND ST

JESSIE DR

S BERRY DR

SUMMER LN

MODOC ST

ASHLAN WAY

WOODWARD WAY

TOLUCA WAY

FICKLIN DR

MC RAE RD

CORPARATE AVE

TYLER LN

SUBURBAN AVE

EDDY WAY

FAIRFIELD WAY

RIVER POINTE

WABASH RD

SILK OAK LN

CYPRESS ST

FLORENCE WAY

SCHNOOR ST

TODD ST

JUDITH WAY

BONNIE WAY

SANTA BONITA ST

MADRONE RD

PISTACHIO DR

SULTANA DR

ROBBINS LN

CAMBRIA AVE

CAMDEN WAY

LIME AVE

PIERCE LN

SANTA LUCIA DR

AZURE DR

STATE ST

ROCKY BOTTOM ST

DEVON WAY

BRIDGE WAY

CHIANTI AVE

MADRID LN

HAMPTON DR

PAUL AVE

INGOMAR DR

DWYER ST

ALICANTE WAY

INDIGO DR

BO TREE LN
N J ST

WRENWOOD WAY

THIRD ST

FUTURE ST

LYNN WAY

JERICHO DR

WAYSIDE DR

ARBELLA LN
S M ST

RANCHO MIRAGE RD

ACTON WAY

TORONADO DR

LA QUINTA WAY

PLUMWOOD WAY

JAZLEE LN

LYONS ST

LINDA MESA DR

JOSEPHINE AVE

PRINCETON AVE

BARON ST

VALLEY WAY
RD 28 3/4
N R ST

MONARCH RD
ULA ST

LINDA VISTA CIR

MICHOACAN CT

GARLAND ST

LARWOOD DR

VARABELLA PARK

MONTE VISTA AVE

FILLMORE AVE

N AUTUMN RD

PEACH TREE DR

KELSEY LN

SASSAFRAS DR

DOUBLE TREE WAY

MARIPOSA ST

W LINCOLN AVE

GRAPEWOOD WAY

DIANE WAY

CROWN LN

DRYSDALE WAY

SAN RAMON RD

W CENTRAL AVE

BARCELONA WAY

GREENWOOD DR

CLAREMONT DR

WHITWORTH DR N

HOOVER AVE
W PARK

AUBURN WAY

WILLOW DR

MEADOWREST WAY

DESERT RANCH WAY

TAOS WAY

LILLIAN ST

SEPIA CT

HOWARD ST

BURTON WAY

WINDING DIRT RD

AVALON AVE

LUCIA WAY

LANSING ST

LYNN PL

CHESTNUT AVE

ARAM AVE

SAN GABRIEL DR

BRIARGATE RD

MACE ST

MATEO WAY

GREEN CT

MANZANA CT

ST MICHELLE DR

PERCY ST

MALTA ST

KATHRYN AVE

TERRA FIRMA RD

HARBOR DR

CENTRAL PL

ROBINWOOD WAY

TIMBERLINE DR

CONDOR DR
BAY CT

DARBY WAY

TRUMAN DR

PHILBERT LN

RUNNING BROOK ST

ABBY ST

GRENACHE AVE

CARREY AVE

ROSE CT

SUSAN LN

MORRIS LN

PACIFICA DR

SPRING WAY

SAQURO AVE

PINA ST

IMPERIAL DR
10TH ST

E DUNHAM AVE

WINTER WAY
Q ST

JOSEPH LN

SHORT RD
E 7TH ST

SEASONS CT

S POMERS PL

ALONZO CT

N AVON PL

EL DORADO DR

HACIENDA ST

SCARLET DR

CANAL ST

JONATHAN WAY

W SOUTH ST

GABLE WAY

W KENNEDY ST

LOMA LINDA LN

SANDPIPER WAY

SUNNYDALE ST

POPPY ST

DE SANTI AVE

PICKFAIR WAY

HELENA WAY

MUNRAS AVE

ROSE ST

SANTA CLARA ST

VALERIE AVE

CLIFTON WAY

RAMONA ST

RENEE WAY
W 12TH ST

HILLCREST CT

APOLLO CT

PARK DR

W CLARK ST

EL MONTE ST

EL MONTE WAY

SYCAMORE ST

BREEZE WAY

MAKENNA DR

FIFTH ST

SARAH ST

EL PASO PL

TOLEDO WAY

FOREST LN

HARVARD AVE

COVE WAY

CARMEN AVE

LEMON AVE

DEERWOOD DR

CLEMMENSEN AVE

PRINCE LN

BERNARDI AVE

LOS ARCOS LN

HAWKS PEAK DR

EL RANCHO DR

DOVEWOOD WAY

PACIFIC CT

CEDAR ST

GREYSTONE

EAGLE WAYST TROPEZ DR

WHITE SANDS DR

JULIUS ST

FALL DR

S AVON PL

APRICOT LN

POINTE W

PACIFIC ST

PESCARA WAY

TRES AMIGOS LN

SAN ANGELO AVE

CHERRY TREE DR

EL MONTE CT

MAPLE CT

ASTI WAY

VARDEN CT

E LEWIS ST

BILBAO CT

MISSION BELL DR

PEAR TREE DR

POPOLI WAY

EL MONTE AVE

POINT SUR DR

ARIES CT

MONO ST

CREEEKSIDE DR

MAJESTIC CT
12TH ST

FRESHET ST

JADEN CT

DUCOR RD

BART PL

LANE PL HARBOR CT

FIRST ST

PERSIMMON ST
13TH ST

LA JOLLA CT

LOS OSOS CT

RHINE CT

E LEMON AVE

SOQUEL CT
AVE 18

ADELL ST

ROBERTS AVE

SAN ANGELO AVE

GOLDEN STATE BLVD

MERLOT AVE
RD 27

WESSMITH WAY
AVE 16
AVE 12 1/4
AVE 15 1/2

CLINTON ST
OAK ST

CONRAD ST

S PARK DR

CUTTING ST

ELLIS ST
AVE 18

ADELL ST
RD 28 1/4

E CENTRAL AVE

MAPLE ST
11TH ST
14 AVE
RD 24
RD 28

RIVERVIEW DR

MAGNOLIA ST

HONDA RD
W 3RD ST
W 5TH ST
S B ST

TREMAINE AVE
RD 24 1/2
W 5TH ST

SONORA ST
N J ST
AVE 12 1/4

RAMONA ST
AVE 16
AVE 18 1/4

WAYSIDE DR

SUMMER LN

GOLDEN STATE BLVD

SHERWOOD WAY

MERCED ST
FIG ST

RIVERSIDE DR

CLINTON ST

AUSTIN ST

E ALMOND AVE

SUNNYDALE ST
RD 24

E CLARK ST
AVE 17

ASHLAN WAY

SUMMER LN
RD 28 3/4
AVE 12 1/2

ELLIS ST

SHARON AVE

E CLARK ST

REGAL DR

SAN JOSE AVE

GEORGIA AVE
S A ST

RIVERVIEW DR

JAMES WAY

MAPLE ST

NATIONAL AVE
W 4TH ST
W 8TH ST
RD 29
STATE RTE 99

MAPLE ST
W 5TH ST
AVE 11 3/4

TRAGON ST
HWY 99

N WESTBERRY BLVD
RD 24 1/2

SHANNON ST
RD 28 1/4
AVE 12 1/2

PACIFIC CT

NATIONAL AVE

PICKFAIR WAY

SAN CARLOS AVE

EL PASO RD

SHANNON AVE
AVE 18

GREEN WAY

N PINE ST

TREMAINE AVE

SUNDANCE LN
AVE 16

PLUMAS ST
E 9TH ST

CANAL WAY
RD 28

MERLOT AVE
RD 29

GAMAY AVE

ASHLAN WAY
AVE 18 1/2
W 3RD ST
RD 25
AVE 14
RD 25

WOOD ST
AVE 18 1/2

GREEN WAY

VALLEY WAY
AVE 14 1/2

ADELL ST

SAN BRUNO AVE

W ALMOND AVE

CONDOR RD

FRESNO ST
AVE 13 1/2

GOLDEN STATE BLVD

MALONE ST
RD 26 1/2
AVE 17 1/2
W 7TH ST
W 3RD ST

CHIANTI AVE

REN WAY
W 7TH ST

WINTER WAY

CONCORD AVE
AVE 18 1/4

E SOUTH ST

REN WAY

PLUMAS ST

OWENS ST
10TH ST

SHARON BLVD

W CENTRAL AVE

LILLY ST

E ADELL ST
AVE 18 1/2
AVE 14

GOLDEN STATE BLVD

W ADELL ST

FALCON DR
RD 28 1/2
AVE 18

SONORA ST
RD 29 1/4

BROOK DR W
W 4TH ST
13 1/2 AVE
RD 25 1/2
Fresno River
Fresno River
·|}þ99
·|}þ99
·|}þ145
·|}þ145
0 0.5 1 2 Miles

Railroads
Legend
Madera City Limits
Assessors Parcels
State Routes

DISTRICT MEMBER AREA (ACRES) ELECTION YEAR

MAYOR SANTOS GARCIA
1 CECE GALLEGOS
2 3
4 5

JOSE RODRIGUEZ

STEVE MONTES

ANITA EVANS

ELSA MEJIA
6 ARTEMIO VILLEGAS

AT LARGE
3,342.7 AC.
2,328.0 AC.
1,394.4 AC.
587.2 AC.
1,246.0 AC.
1,719.9 AC.
2020
2022
2020
2022
2020
2022
2020
1 1
2 3
4 5
6 City of Madera
City Council
Election Districts
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01425.0001/957845.1
ATTACHMENT 2
Council Districts Map with Proposed Boundary Modifications AVE 12
AVE 13
AVE 17
STATE RTE 99
STATE HWY 99
RD 29
RD 24
STATE RTE 145 STATE HWY 145
RD 23
RD 28
AVE 16
N D ST

ELLIS ST
AVE 15 1/2
RD 25
RD 27
RD 28 1/2
HWY 99
RD 26 1/2
RD 26

W PECAN AVE
AVE 15

N LAKE ST

RAYMOND RD
AVE 18

SUNSET AVE
AVE 13 1/2

W CLEVELAND AVE

DALEY RD

COUNTRY CLUB DR

MARTIN ST

AUSTIN ST
AVE 14
RD 22 1/2

S GRANADA DR
S C ST
RD 25 1/2
S D ST
RD 23 1/2

N GRANADA DR
S E ST
N I ST
AVE 18 1/2

LAKE ST
AVE 14 1/2

N SCHNOOR AVE
S A ST

HOWARD RD

N GATEWAY DR
RD 28 1/4

ADELL ST
AVE 12 1/2 PECAN LN

S PINE ST
S I ST
E 6TH ST

RIVERVIEW DR
S G ST
N G ST

SHARON BLVD
W 4TH ST

VARDEN DR

CLINTON ST

RODEO DR

OWENS ST

S MADERA AVE
W 6TH ST

ALMOND AVE

E YOSEMITE AVE

LILLY ST

FAIRFIELD DR
RD 29 1/2

LANE DR

STADIUM RD
S H ST

SONORA ST

WALDEN DR
E 5TH ST

MONTEREY ST

E OLIVE AVE
N H ST
N E ST

OREGON AVE

TROPICAL DR
AVE 13 1/4
W 5TH ST
S B ST
RD 24 1/2

WILLIS AVE

W OLIVE AVE

SHERWOOD WAY

CAMDEN DR

GARDENA DR

TULARE ST
S K ST

E LINCOLN AVE

E CLEVELAND AVE

WILLIAMS AVE

BROOK DR
AVE 29
W 3RD ST

TREMAINE AVE

E GARY LN
FIG ST

S GATEWAY DR

HILL DR

WATT ST
S L ST

HARPER BLVD
N N ST

SUNRISE AVE
E 4TH ST
N C ST
S J ST

SANTA FE DR

BALDWIN ST

ARIZONA AVE

CLARK ST

FAIRVIEW ST

MAPLE ST
RD 29 1/4
RD 27 3/4
AVE 17 1/2

MELBA DR
N B ST
ELM ST

E RUSH ST

W YOSEMITE AVE

CREST DR
N O ST

TULIP RD

FONDA AVE

RIDGEDALE DR

EL VADO DR

E ADELL ST

N PINE ST

N WESTBERRY BLVD

S LAKE ST
AVE 11 3/4
AVE 13 3/4
N A ST

GOLDEN STATE BLVD

NATIONAL AVE

E ALMOND AVE

SIERRA ST

MELBA DR E

MATTINGLY ST

CHAPIN ST

ROTAN AVE

HULL ST

NORWALK DR

CONDOR RD

HALEY WAY

FALCON DR

CRESCENT DR

MAINBERRY DR

RIVERSIDE DR

VINEYARD AVE

DAVIS ST

WATSON ST

E KENNEDY ST

E SHERWOOD WAY

CROSS ST

VINE RD
E 3RD ST
N L ST

GREENTREE AVE
E 11TH ST

GARY LN

HULL AVE

BOLES ST

AIRPORT DR

PARKWOOD AVE
S N ST

SHARON AVE

CARDWELL ST

BORDEN ST

KREST ST

SHELL DR

ORCHARD AVE

HILTON ST

FAIRVIEW AVE
AVE 15 3/4
N M ST

W ADELL ST

PERKINS RD

CONRAD ST

FRESNO ST

CIRCLE DR

SEABRIGHT DR

ROOSEVELT ST

S SCHNOOR ST

COLUMBIA ST

VENTURI AVE

LA BREA AVE

AVELLAR DR

S KNOX ST

MERRIL AVE
E 9TH ST

W DAVIS ST
E 12TH ST

E PECAN AVE

STOREY RD

W ALMOND AVE
AVE 18 1/4

KROHN ST

OPHIR DR

LACRETA AVE

ADELAIDE ST

ROGERS ST

SAN JOSE AVE
E 10TH ST
14 AVE

GREEN WAY

BROOK DR W

NEBRASKA AVE

E SOUTH ST

NILE ST

TANFORAN DR

PEAR ST

FOXGLOVE WAY

AVIATION DR

BROOK DR E

E CENTRAL AVE

TOZER ST

SENECA DR

GLADE AVE

HANOVER DR

MERCED ST

EL PASO RD

STANFORD AVE

CAITLAN DR

WESSMITH WAY

DELLAVALLE AVE
RD 27 1/2
S O ST

VALENCIA AVE
W 7TH ST

SAN BRUNO AVE
W 8TH ST

ADANAC WAY

UNIVERSITY AVE

KIWI ST

SHERWOOD ST

COMMERCE DR

TEMPLE DR

WESTBERRY BLVD
OAK ST

ARDILLA DR
OSO DR

SHANNON ST

WARD ST

SHORE DR
AVE 18A

OLD MILL DR

W INDUSTRIAL AVE
13 1/2 AVE

SAN CARLOS AVE

LADA AVE

BERKELEY DR
AVE 12 1/4

BLOKER ST
N K ST

WOOD ST
N P ST

MAGNOLIA ST

ASPEN LN

AMADOR ST

EAST LOOP

NOBLE ST

FRISCO WAY
E 13TH ST

KNOX AVE

DESHA ST

PAMELA DR

FERN ST
N Q ST

PICKFORD DR

MIDLAND WAY

RAYMOND THOMAS ST

SAUNDERS RD

MONOCOTT DR

TANGERINE AVE

WALLACE ST

WALDEN AVE
E 14TH ST

LAGUNA WAY

JEFFERSON AVE

FARALLON RD

CUTTING ST

DOUBLETREE WAY

GROVE ST

STEPHANIE LN

REGAL DR

HONDA RD

GRANT AVE

EMILY WAY

SUNDANCE LN

BERRY DR

GAMAY AVE

RHINE DR

PARK ST

PINEWOOD DR

CRONIN ST

WALLACE AVE
E 2ND ST
HAI LN

PLUMAS ST

TAMARISK DR

MISSION ST

KENT DR

E CLARK ST

ZAK WAY

MACADAMIA AVE

MADISON DR

W PARK DR

WALNUT ST

WEST LOOP

BEECHWOOD WAY

ENCANTADA AVE

DEBORAH LN
CO RD 29

COLOMBARD DR

YEAGER RD

W LEWIS ST

ROBERTS AVE

BEDFORD DR

FLUME ST

LINDEN ST

LAUREL ST

REN WAY

NOREEN WAY

CONCORD AVE
W 9TH ST

DRIFTWOOD DR

DUTRA WAY
S P ST

PROSPECT DR

REXFORD DR

TAYLOR LN

MALONE ST

JENNINGS ST

E ELLIS ST

LIBERTY LN

GEORGIA AVE

PIED PIPER LN

JOYA DR

DILLON WAY

HIGH ST

MARIE DR

S PARK DR

DUNHAM AVE

KNOLL WAY

PAPAYA ST

W WILSON ST

DAULTON AVE

AMERINE AVE

AVON WAY

STINSON AVE

RIDGE WAY

AUTUMN RD

GILL AVE POSEY AVE

SANARITA WAY

HILLSBORO AVE

GARFIELD AVE

STEVEN LN

LA JOLLA WAY

SHANNON AVE
11TH ST

N PARK DR

PHILLIP ST

ECHO ST

MERLOT AVE

W ROBERTS AVE

ST MONTELENA DR SANTA CRUZ ST

MOORE ST

GAMAY ST

CHOLLA AVE

HAZEL AVE

DE CESARI AVE

SCOTT WAY

TREVOR WAY
AVE 18 3/4

BARNETT WAY
AVE 17 3/4

ARNOLD WAY

PARK LN

FAIRWAY AVE

TOSCHI DR

S TANGERINE AVE

CANAL WAY

JAMES WAY

DIAMOND WAY
JOY ST

QUADY LN

CAMINO LN

WESTGATE DR

HAZELNUT LN

BEND ST

TUOLUMNE ST

COYOTE LN

HOLIDAY WAY

GLENVILLE AVE

ASILOMAR DR

TRAGON ST
W 1ST ST

SEGOVIA WAY

FOSTER AVE

ALPINE ST

VIA CERIONI

BURGUNDY DR

BARSTOW DR

CRYSTAL DR

SMITHWOOD DR
W 2ND ST

JESSIE DR

S BERRY DR

SUMMER LN

MODOC ST

ASHLAN WAY

WOODWARD WAY

TOLUCA WAY

FICKLIN DR

MC RAE RD

CORPARATE AVE

TYLER LN

SUBURBAN AVE

EDDY WAY

FAIRFIELD WAY

RIVER POINTE

WABASH RD

SILK OAK LN

CYPRESS ST

FLORENCE WAY

SCHNOOR ST

TODD ST

JUDITH WAY

BONNIE WAY

SANTA BONITA ST

MADRONE RD

PISTACHIO DR

SULTANA DR

ROBBINS LN

CAMBRIA AVE

CAMDEN WAY

LIME AVE

PIERCE LN

SANTA LUCIA DR

AZURE DR

STATE ST

ROCKY BOTTOM ST

DEVON WAY

BRIDGE WAY

CHIANTI AVE

MADRID LN

HAMPTON DR

PAUL AVE

INGOMAR DR

DWYER ST

ALICANTE WAY

INDIGO DR

BO TREE LN
N J ST

WRENWOOD WAY

THIRD ST

FUTURE ST

LYNN WAY

JERICHO DR

WAYSIDE DR

ARBELLA LN
S M ST

RANCHO MIRAGE RD

ACTON WAY

TORONADO DR

LA QUINTA WAY

PLUMWOOD WAY

JAZLEE LN

LYONS ST

LINDA MESA DR

JOSEPHINE AVE

PRINCETON AVE

BARON ST

VALLEY WAY
RD 28 3/4
N R ST

MONARCH RD
ULA ST

LINDA VISTA CIR

MICHOACAN CT

GARLAND ST

LARWOOD DR

VARABELLA PARK

MONTE VISTA AVE

FILLMORE AVE

N AUTUMN RD

PEACH TREE DR

KELSEY LN

SASSAFRAS DR

DOUBLE TREE WAY

MARIPOSA ST

W LINCOLN AVE

GRAPEWOOD WAY

DIANE WAY

CROWN LN

DRYSDALE WAY

SAN RAMON RD

W CENTRAL AVE

BARCELONA WAY

GREENWOOD DR

CLAREMONT DR

WHITWORTH DR N

HOOVER AVE
W PARK

AUBURN WAY

WILLOW DR

MEADOWREST WAY

DESERT RANCH WAY

TAOS WAY

LILLIAN ST

SEPIA CT

HOWARD ST

BURTON WAY

WINDING DIRT RD

AVALON AVE

LUCIA WAY

LANSING ST

LYNN PL

CHESTNUT AVE

ARAM AVE

SAN GABRIEL DR

BRIARGATE RD

MACE ST

MATEO WAY

GREEN CT

MANZANA CT

ST MICHELLE DR

PERCY ST

MALTA ST

KATHRYN AVE

TERRA FIRMA RD

HARBOR DR

CENTRAL PL

ROBINWOOD WAY

TIMBERLINE DR

CONDOR DR
BAY CT

DARBY WAY

TRUMAN DR

PHILBERT LN

RUNNING BROOK ST

ABBY ST

GRENACHE AVE

CARREY AVE

ROSE CT

SUSAN LN

MORRIS LN

PACIFICA DR

SPRING WAY

SAQURO AVE

PINA ST

IMPERIAL DR
10TH ST

E DUNHAM AVE

WINTER WAY
Q ST

JOSEPH LN

SHORT RD
E 7TH ST

SEASONS CT

S POMERS PL

ALONZO CT

N AVON PL

EL DORADO DR

HACIENDA ST

SCARLET DR

CANAL ST

JONATHAN WAY

W SOUTH ST

GABLE WAY

W KENNEDY ST

LOMA LINDA LN

SANDPIPER WAY

SUNNYDALE ST

POPPY ST

DE SANTI AVE

PICKFAIR WAY

HELENA WAY

MUNRAS AVE

ROSE ST

SANTA CLARA ST

VALERIE AVE

CLIFTON WAY

RAMONA ST

RENEE WAY
W 12TH ST

HILLCREST CT

APOLLO CT

PARK DR

W CLARK ST

EL MONTE ST

EL MONTE WAY

SYCAMORE ST

BREEZE WAY

MAKENNA DR

FIFTH ST

SARAH ST

EL PASO PL

TOLEDO WAY

FOREST LN

HARVARD AVE

COVE WAY

CARMEN AVE

LEMON AVE

DEERWOOD DR

CLEMMENSEN AVE

PRINCE LN

BERNARDI AVE

LOS ARCOS LN

HAWKS PEAK DR

EL RANCHO DR

DOVEWOOD WAY

PACIFIC CT

CEDAR ST

GREYSTONE

EAGLE WAYST TROPEZ DR

WHITE SANDS DR

JULIUS ST

FALL DR

S AVON PL

APRICOT LN

POINTE W

PACIFIC ST

PESCARA WAY

TRES AMIGOS LN

SAN ANGELO AVE

CHERRY TREE DR

EL MONTE CT

MAPLE CT

ASTI WAY

VARDEN CT

E LEWIS ST

BILBAO CT

MISSION BELL DR

PEAR TREE DR

POPOLI WAY

EL MONTE AVE

POINT SUR DR

ARIES CT

MONO ST

CREEEKSIDE DR

MAJESTIC CT
12TH ST

FRESHET ST

JADEN CT

DUCOR RD

BART PL

LANE PL HARBOR CT

FIRST ST

PERSIMMON ST
13TH ST

LA JOLLA CT

LOS OSOS CT

RHINE CT

E LEMON AVE

SOQUEL CT
AVE 18

ADELL ST

ROBERTS AVE

SAN ANGELO AVE

GOLDEN STATE BLVD

MERLOT AVE
RD 27

WESSMITH WAY
AVE 16
AVE 12 1/4
AVE 15 1/2

CLINTON ST
OAK ST

CONRAD ST

S PARK DR

CUTTING ST

ELLIS ST
AVE 18

ADELL ST
RD 28 1/4

E CENTRAL AVE

MAPLE ST
11TH ST
14 AVE
RD 24
RD 28

RIVERVIEW DR

MAGNOLIA ST

HONDA RD
W 3RD ST
W 5TH ST
S B ST

TREMAINE AVE
RD 24 1/2
W 5TH ST

SONORA ST
N J ST
AVE 12 1/4

RAMONA ST
AVE 16
AVE 18 1/4

WAYSIDE DR

SUMMER LN

GOLDEN STATE BLVD

SHERWOOD WAY

MERCED ST
FIG ST

RIVERSIDE DR

CLINTON ST

AUSTIN ST

E ALMOND AVE

SUNNYDALE ST
RD 24

E CLARK ST
AVE 17

ASHLAN WAY

SUMMER LN
RD 28 3/4
AVE 12 1/2

ELLIS ST

SHARON AVE

E CLARK ST

REGAL DR

SAN JOSE AVE

GEORGIA AVE
S A ST

RIVERVIEW DR

JAMES WAY

MAPLE ST

NATIONAL AVE
W 4TH ST
W 8TH ST
RD 29
STATE RTE 99

MAPLE ST
W 5TH ST
AVE 11 3/4

TRAGON ST
HWY 99

N WESTBERRY BLVD
RD 24 1/2

SHANNON ST
RD 28 1/4
AVE 12 1/2

PACIFIC CT

NATIONAL AVE

PICKFAIR WAY

SAN CARLOS AVE

EL PASO RD

SHANNON AVE
AVE 18

GREEN WAY

N PINE ST

TREMAINE AVE

SUNDANCE LN
AVE 16

PLUMAS ST
E 9TH ST

CANAL WAY
RD 28

MERLOT AVE
RD 29

GAMAY AVE

ASHLAN WAY
AVE 18 1/2
W 3RD ST
RD 25
AVE 14
RD 25

WOOD ST
AVE 18 1/2

GREEN WAY

VALLEY WAY
AVE 14 1/2

ADELL ST

SAN BRUNO AVE

W ALMOND AVE

CONDOR RD

FRESNO ST
AVE 13 1/2

GOLDEN STATE BLVD

MALONE ST
RD 26 1/2
AVE 17 1/2
W 7TH ST
W 3RD ST

CHIANTI AVE

REN WAY
W 7TH ST

WINTER WAY

CONCORD AVE
AVE 18 1/4

E SOUTH ST

REN WAY

PLUMAS ST

OWENS ST
10TH ST

SHARON BLVD

W CENTRAL AVE

LILLY ST

E ADELL ST
AVE 18 1/2
AVE 14

GOLDEN STATE BLVD

W ADELL ST

FALCON DR
RD 28 1/2
AVE 18

SONORA ST
RD 29 1/4

BROOK DR W
W 4TH ST
13 1/2 AVE
RD 25 1/2
Fresno River
Fresno River
·|}þ99
·|}þ99
·|}þ145
·|}þ145
0 0.5 1 2 Miles

Railroads
Legend
Madera City Limits
Assessors Parcels
State Routes

DISTRICT MEMBER AREA (ACRES) ELECTION YEAR

MAYOR SANTOS GARCIA
1 CECE GALLEGOS
2 3
4 5

JOSE RODRIGUEZ

STEVE MONTES

ANITA EVANS

ELSA MEJIA
6 ARTEMIO VILLEGAS

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Meeting of: February 7, 2024
Agenda Item: C-2
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of Rezone Application No. REZ 2022-04 for ±57.53 Acres of Property Located on the Southwest Corner of the Intersection of West Pecan Avenue and Stadium Road (Rd 26½) and associated Mitigated Negative Declaration.

RECOMMENDATION:

The City of Madera Planning Commission recommends the City Council hold a public hearing, make the necessary findings, and take action as follows:

1. Waive Full Reading and Introduce an Ordinance of the City Council approving Rezone 2022-04 amending the Official Zoning Map of the City of Madera to rezone the ±57.53- acre Project Site from the R-1 (Residential, One unit for Each 6,000 square feet of site area) zone district to the PD-4500 (Planned Development, One unit for each 4,500 square feet of site area) zone district.

SUMMARY:

The applicant, Mike Pistoresi/DMP Development Corp, has filed Rezone (REZ) Application No. 2022-04 proposing to rezone ±57.53 acres of land located on the southwest corner of the intersection of West Pecan Avenue and Stadium Road (Road 26 ½ - the Project Site; Attachment 1) from the R-1 (Residential, One unit for each 6,000 square feet of site area) zone district to the PD-4500 (Planned Development, One unit for each 4,500 square feet of site area) zone district.

The General Plan land use designation for the site is LD (Low Density Residential – Attachment 2).

REZ 2022-04 has been filed in order to facilitate approval of a proposed subdivision of the project site for purposes of creating a 317-lot single family residential planned development in accordance with Tentative Subdivision Maps TSM 2022-01 (Carmel II) & TSM 2023-02 (Carmel IV).

Pursuant to the provisions of City Municipal Code (CMC) §§ 10-3.1507 & 10-3.1508, a public hearing (for amendments to zone boundaries/changes of property from one zone to another) was held before the Planning Commission on January 16, 2024. Following a complete hearing, the Commission adopted Resolution No. 1975 (Attachment 6) recommending the Council adopt the Mitigated Negative Declaration (SCH No. 2023120574) and the Mitigation Monitoring Program and approve REZ 2022-04.

In accordance with the provisions of CMC § 10-3.1509, upon receipt of such recommendation (report) from the Commission, the Council shall set the matter for a noticed public hearing and after the conclusion of such hearing the Council may adopt (or deny) the rezoning amendment, or any part thereof.

ANALYSIS:

Pursuant to CMC §10-3-4.101(A) the purpose of the P-D zones is to authorize and regulate density of planned developments and other residential subdivisions. The district is intended to allow use of special design criteria for maximum utility of the site and to allow maximum design flexibility within the density limitations provided.

The proposed planned development project intends to subdivide the project site for the purposes of creating single family residential lots ranging from 4,500 to more than 7,500 square feet in area. REZ 2022-04 proposes to rezone the project site to the PD-4500 zone district to permit a density of one residential unit for each 4,500 square feet of site area to accommodate lot sizes of less than 6,000 square feet in area (development standards for the project are proposed in compliance with conventional R-1 zone district standards). Precise Plan elements and development standards will be incorporated within the project conditions of approval and presented to the Commission at the time of consideration of the tentative maps.

The entirety of the project site is designated for Low Density Residential (2.1 to 7 dwelling units per acre) land use by the Madera General Plan. The Low-Density Residential land use designation includes a Target Density of 5.25 dwelling units per acre (as defined in General Plan Policy LU-7).

Policy LU-32 of the Madera General Plan provides that zoning shall be consistent with General Plan land use designations. In areas where the zoning and the land use designation are not identical, Table LU-A: General Plan/Zoning Consistency of the Madera General Plan shall be used to determine consistency for rezoning applications. The PD-4500 zone district is consistent with the Low-Density Residential land use designation, due to the site-specific design criteria, pursuant to Table LU-A of the Madera General Plan.

The proposed planned development project comprising 317 dwelling units on the ±57.53-acre project site yields a density of approximately 5.5 dwelling units per acre; consistent with the Low Density Residential range as well as the Target Density.

Site Characteristics:

The project site, located on the southern edge of the City, west of Highway 99, is collectively bound by West Pecan Avenue to the north, Stadium Road (Rd. 26½) to the east, and existing farmland and settlement ponds to the west. The City limits form the project site’s western and southern boundaries.

The project site consists of an active nut orchard with a long history of agricultural disturbance.

The site is devoid of most native and non-native species naturally occurring in this area. The plant diversity in this habitat is low and is composed primarily of non-native grasses and other ruderal plants.

The site is located outside the Federal Emergency Agency (FEMA) 100-year floodplain (FEMA Special Flood Hazard Area, Zone AO). In major storm events, where large amounts of precipitation fall within a 24-hour period, run-off is unlikely to pool in this area.

An overview of the proposed project and project site characteristics are provided in Table 1 below.

Table 1: Project Overview
Project Number: REZ 2022-04
Applicant: Mike Pistoresi
Property Owner: DMP Development Corporation Inc
Location: Southwest corner of Pecan Avenue and Stadium Road (Road 26 ½) APN(s): 012-480-008 and 012-480-009
Project Area: 57.53-acres.

Planned Land Use: LD (Low Density Residential)
Zoning District: Rezone from R-1 to PD-4500 (Planned Development, one unit per 4,500 square feet of site area)
Site Characteristics The project is located on land that is currently used for agriculture.

Planned land use bordering the site is predominately Low Density Residential.

Surrounding Land Uses:

The site is bordered to the north by Pecan Avenue, which is a planned Arterial roadway. Madera High School is located beyond Pecan Avenue to the north, on land that is designated for Public Facilities. Stadium Road (Rd. 26½) is a planned Collector roadway bordering the site to the east.

A portion of the neighboring property to the east is already developed into a residential subdivision with the other portion currently being used for agriculture and a Madera irrigation basin. The project will dedicate right of way where required surrounding the project site and specifically for a portion of Avenue 12½ to the south, which is a planned Collector roadway. Land beyond and to the south contains agriculture. The site is bordered to the west by settlement ponds and agriculture. Land to the east is zoned Low Density Residential, land to the south is outside the current city limit, including land to the west, with these area’s identified for Industrial development in the current City of Madera General Plan and agricultural uses in the County Zoning Map (Attachment 4).

Table 2 below summarizes the existing development/uses, and the General Plan land use designations and zoning districts surrounding the proposed project site. The General Plan designations identified in Table 2 represent the City’s General Plan land use designations surrounding the project site. The zoning districts identified in Table 2 include both City and County zone districts based on where the City limit boundary abuts the project site.

Table 2: Bordering Site Information
Direction Existing Use General Plan
Designation Zone District
North Madera High School P&SP U (City)
East Agriculture and
residential
Low Density Residential R-1 and PD 6,000
South Agriculture Village Reserve ARE-40 (County)
West Agriculture Industrial ARE-5 (County)
AR-5 – Agricultural, Rural, (Five Acre) District (County) ARE-20 – Agricultural, Rural, Exclusive (20 acre) District (County) PD 4500 – Planned Development (One unit per each 4,500 square feet) (City) CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed project has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.
4Creeks, Inc. has prepared an initial study, performed environmental analyses and evaluated the project in accordance with the CEQA Guidelines and criteria on behalf of the City as lead agency.

The conclusions and findings resultant from these environmental studies, analyses and an evaluation of the proposed project determined that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the significant direct, indirect or cumulative effects on the environment, and that a Mitigated Negative Declaration is appropriate for this project.

The Notice of Intent to Adopt a Mitigated Negative Declaration was filed with the County Clerk on December 1, 2023, published in the Madera Tribune on December 2, 2023, and posted with the Governor’s Office of Planning and Research (OPR) on December 22, 2023, initiating a public review period effectively commencing on December 1, 2023, and ending January 22, 2024.

The proposed tentative subdivision maps will be scheduled for Planning Commission consideration and action at the next regularly scheduled meeting of the Commission on February 13, 2024. This meeting of the Commission will follow introduction of the ordinance and consideration of REZ 2022-04 by the City Council but will occur prior to the second reading and formal adoption of the ordinance by the Council. It is therefore anticipated that the Commission will make the first project approval for the overall project as part of its consideration of the contingent approvals of Tentative Subdivision Map TSM 2022-01 (Carmel II) and TSM 2023.-02 (Carmel IV) on February 13, 2024. Despite the recommendation included within Planning Commission Resolution 1975 relative to Council action pertaining to Mitigated Negative Declaration (SCH No. 2023120574) and the Mitigation Monitoring and Reporting Program, given these timelines for considerations and approvals, and as the first project approval, the Commission will be considering the environmental findings of Mitigated Negative Declaration (SCH No. 2023120574), which provides the environmental assessment for the entire project including REZ 2022-04 as well as the Mitigation Monitoring and Reporting Program, for adoption.

As such, staff are proposing the Council find that this project has already been environmentally assessed, there have been no changes as contemplated by CEQA Guidelines Section 15162(a), and as such no further environmental documentation is required.

PLANNING COMMISSION REVIEW:

The Planning Commission held a public hearing to consider the project at their regular meeting on January 16, 2024. No members of the public addressed the Commission on this item. On a 5- 0 vote, the Commission adopted Resolution No. 1975, finding the rezone in conformance with the goals and policies of the General Plan and recommending approval of the same.

FISCAL IMPACT:

The applicant paid Planning Department entitlement fees in accordance with the City’s adopted Master Fee Schedule to offset the cost associated with processing REZ 2022-04. Future development will be required to pay all contemporary impact fees, assessments and charges toward supporting City infrastructure and services.

ALTERNATIVES:

Council could consider alternatives other than the Planning Commission and staff’s recommendation for approval of the rezone. The Council may:

1. Deny the rezone. Should the request be denied, the Tentative Subdivision Map project would be unable to move forward.

2. Move to continue the item to a date and time certain, or refer the item back to staff, with direction to staff to provide additional information.

ATTACHMENTS:

1. Vicinity Map

2. Existing City Zoning Map

3. City General Plan Land Use Map

4. County Zoning Map

5. City Council Ordinance for Rezone
Exhibit "A” – Mitigation Monitoring and Reporting Program Exhibit "B” – PD (4500) zone district

6. Planning Commission Resolution 1975

7. Environmental Review – IS/MND (SCH No. 2023120574)
ATTACHMENT 1
Vicinity Map

ATTACHMENT 2
Existing City Zoning Map
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City General Plan Land Use Map
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General Plan Designation
- C· Commercial
- a-office
VlO Vr!ry Low Density Residential
LD- Low Density Residential
MO· Medium Density Residential
HD· High Density Residential
- NMU Neighborhood Muced use
VR- Village Reserve
- OS· Open Space
RC• Resource Conservation/ Agriculture
- P&SP- Other Public & Semi-Public Uses
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ATTACHMENT 4
County Zoning Map
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□ POS
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ATTACHMENT 5
City Council Ordinance for REZ 2022-04
Including:

Exhibit A: Mitigation Monitoring and Reporting Program
Exhibit B: PD (4500) Zone District
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING REZONE 2022-04 AND AMENDING THE OFFICIAL CITY OF MADERA ZONING MAP TO REZONE APPROXIMATELY 57.53 ACRES OF PROPERTY (APN[S]: 012-480-008 & 012-480-009) FROM THE R-1 (RESIDENTIAL, ONE UNIT FOR EACH 6,000 SQUARE FEET OF SITE AREA) TO THE PD-4500 (PLANNED DEVELOPMENT, ONE UNIT FOR EACH 4,500 SQUARE FEET OF SITE AREA) ZONE DISTRICT WHEREAS, DMP Development Corp (“Owner”) submitted an application for a rezone (REZ 2022- 04) for approximately 57.53 acres of land located on the southwest corner of the intersection of West Pecan Avenue and Stadium Road (Rd. 26½), comprising APN(s) 012-480-008 and 012-480-009, in the City of Madera, California (“site”); and
WHEREAS, the site is planned for Low Density Residential land uses in the adopted City of Madera General Plan and is currently zoned R-1 (Residential, One unit for each 6,000 square feet of site area) by the Zoning Ordinance; and
WHEREAS, the Owner is seeking approval to rezone the site to the PD-4500 (Planned Development, One unit for each 4,500 square feet of site area) zone district pursuant to REZ 2022-04; and WHEREAS, REZ 2022-04 was filed to facilitate approval of two tentative subdivision maps (TSM 2022-01 & 2023-02) and a Precise Plan proposing to subdivide the site for purposes of creating a 317-lot single family residential planned development on the site; (collectively, the “project”); and WHEREAS, this project was assessed in accordance with the provisions of the California Environmental Quality Act (“CEQA”) resulting in preparation of a Mitigated Negative Declaration (SCH No. 2023120574) including a Mitigation Monitoring and Reporting Program, which has been circulated, and made available for public review pursuant to CEQA and the City of Madera Municipal Code (CMC); and WHEREAS, pursuant to the CMC, a properly noticed public hearing was held before the Planning Commission of the City of Madera (Commission) on January 16, 2024, resulting in adoption of Planning Commission Resolution No. 1975 recommending the City Council of the City of Madera (Council) adopt Mitigated Negative Declaration and mitigation monitoring and reporting program prepared for the proposed project and approve REZ 2022-04; and
WHEREAS, pursuant to the CMC, a public hearing (for amendments to zone boundaries/changes of property from one zone to another) shall be held before the City Council of the City of Madera (Council) and the Council shall adopt the amendment and Environmental Review; and WHEREAS, the City provided notice of the Council hearing as required by law; and WHEREAS, the Council received and independently reviewed REZ 2022-04 during the duly noticed public hearing conducted at the regularly scheduled meeting of the Council on February 7, 2024; and WHEREAS, at the February 7, 2024, public hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Council; and WHEREAS, subsequent to the meeting, but prior to final action by the Council on this Ordinance, the Planning Commission took action to adopt a resolution adopting the Mitigated Negative Declaration (SCH No. 2023120574) and Mitigation Monitoring and Reporting Program prepared for the project, including REZ 2022-04, in accordance with the provisions CEQA; and WHEREAS, after due consideration of all the items before it, the Council now desires to adopt this Ordinance approving REZ 2022-04.

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

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

1. SECTION 2. CEQA: This project has been previously assessed. The City Council finds that pursuant CEQA Guidelines § 15162 subsequent environmental review is not required for REZ 22-04 based on the following:
a. No substantial changes are proposed in the project which will require major revisions of the previous mitigated negative declaration due (MND) to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, the Planning Commission approved the MND almost immediately prior to the adoption of this Ordinance. REZ 2022-04 is consistent with the same density, intensity, and use, and is exactly as contemplated by the MND. As such, the proposed REZ 2022-04 has the same environmental impacts assessed in the MND. b. No substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, REZ 2022-04 is exactly consistent with the MND and specifically contemplated by it. Additionally, REZ 2022-04 allows for the implementation of the subdivision map(s) contingently approved by the Planning Commission as part of the approval of the MND, property will continue to be used for residential uses as originally contemplated by the MND, and there are no new substantial changes in the physical environment that were not anticipated in the MND, including its analysis in light of the development contemplated.
c. There is no new information, which was not known and could not have been known at the time of the previous mitigated negative declaration that the project will have significant effect not discussed in the MND. The REZ 2022-04 will not have any more significant effects than that already discussed and assessed in the MND, and was specifically contemplated by the MND. Furthermore, since a MND was previously adopted for the project, the considerations set forth in CEQA Guidelines § 15162(a)(3)(C) and (D), related to the adequacy and feasibility of previously adopted mitigation measures, are not applicable.

Based upon these findings, the City Council determines that this project has already been environmentally assessed and no further environmental documentation is required for REZ 2022-04.

SECTION 3. Findings. Based upon the record before it at the public hearing, the City Council determines the adoption of the proposed rezoning ordinance as recommended by the Planning Commission is in the best interest of the City of Madera. The City Council finds REZ 2022-04 is consistent with the City’s Zoning Ordinance to promote the growth of the City in an orderly and sustainable manner and to ensure consistency with the City General Plan. The City Council hereby makes the following findings:

1. The proposed Rezone will provide the required consistency between the General Plan and zoning in accordance with Table LU-A: General Plan/Zoning Consistency of the Madera General Plan as required by General Plan Policy LU-32.

Table LU-A of the General Plan identifies General Plan Land Use Category and Consistent Zoning Districts. According to Table LU-A, the PD-4500 zone district is consistent with the Low-Density Residential Land Use designation for the site.

2. The Rezone is not expected to be detrimental to the health, safety peace, comfort, or general welfare of the neighborhood or the City.

Environmental analyses and findings prepared for the proposed project and as provided in MND (SCH No. 2023120574) considered potential environmental impacts associated with the project. Mandatory findings of significance provide the project will not result in significant environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. In addition, all required standards of the Zoning Regulations contained within the City Municipal Code will be complied with and conditions of approval will be applied to ensure the proposed project will not be detrimental to the health, safety, peach, comfort or general welfare of the neighborhood or City.

SECTION 4. Approval of REZ 2022-04. The City Council hereby approves REZ 2022-04 and hereby amends the City of Madera Zoning Map as provided for in Chapter 3 of Title X of the Madera Municipal Code as illustrated in the hereto attached Exhibit “A,” which indicates the segment of the City of Madera Zoning Map to be amended.

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

SECTION 6. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Madera and shall cause this Ordinance to be published or posted in accordance with Government Code Section 36933 as required by law.

SECTION 7 Effect Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage. * * * * *
Exhibit “A” – Mitigation Monitoring and Reporting Program Exhibit “B” – PD (4500) zone district
Passed and adopted by Council of the City of Madera this 7th day of February 2024, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________
Santos Garcia
Mayor City of Madera
Attest:
___________________________________
Arnoldo Rodriguez
City Manager
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-1
Chapter 5 Mitigation Monitoring
and Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings of the Initial Study/Mitigated Negative Declaration (IS/MND) for the Carmel Homes II & IV in the City of Madera. The MMRP lists mitigation measures recommended in the IS/MND for the Project and identifies monitoring and reporting requirements.

Table 5-1 presents the mitigation measures identified for the proposed Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, AIR-2 would be the second mitigation measure identified in the Air Quality analysis of the IS/MND.

The first column of Table 5-1 identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of the monitoring of the mitigation measure. The fourth column, “Agency Responsible for Monitoring,” names the party ultimately responsible for ensuring that the mitigation measure is implemented. The last columns will be used by 4Creeks to ensure that individual mitigation measures have been complied with and monitored. 5 5
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-2
Table 5-1 Mitigation M
onitoring and R
e
p
orting Pro
gram
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
Biological Resources
Mitigation Measure BIO-1a: (Pre-construction Surveys
and Construction Timing). If construction is to occur between February 1 and August 31, a qualified biologist will conduct pre-construction surveys for active bird nests within 10 days prior to the start of ground disturbing activities should work commence during the nesting season (February 15 to September 15). The survey area will encompass the site and accessible surrounding lands within 250 feet for nesting migratory birds and 500 feet for raptors (i.e., birds of prey). 10 Days Prior
Construction
Prior to and During
Project
Construction
City of Madera
Review of
Documentation
Submittal
Mitigation Measure BIO-1b: (Avoidance of Active Nests).

Should any active nests be discovered in or near proposed construction zones, the biologist will identify a suitable construction-free buffer around the nest. This buffer will be identified on the ground with flagging or fencing and will be maintained until the biologist has determined that the young have fledged and are capable of foraging independently.

Prior and
During Project
Construction
Ongoing During
Construction City of Madera
Review of
Documentation
Submittal
Cultural Resources
Mitigation Measure C
UL-1: If previously unknown
resources are encountered before or during grading activities, construction shall stop in the immediate vicinity of the find (within a 100-foot radius) and a qualified historical resources specialist shall be consulted to determine whether the resource requires further study. The qualified historical resources specialist shall make recommendations to the City on
During
Construction
Ongoing During
Construction City of Madera
Review of
Documentation
Submittal
5 M M a R p
M a IR IP
M o A i 0 R t V 0
0 M
M B

M B M C
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-3
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
the measures that shall be implemented to protect the
discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique historical resources as defined under Section 15064.5 of the CEQA Guidelines, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any historical artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing longterm preservation to allow future scientific study.

Mitigation Measure C
UL-2: If human remains are
uncovered during construction, the Madera County Coroner is to be notified to investigate the remains and arrange proper treatment and disposition. If the remains are identified on the basis of archaeological context, age, cultural associations, or biological traits to be those of a Native American, California Health and Safety Code 7050.5 and PRC 5097.98 require that the coroner notify the NAHC within 24 hours of discovery. The NAHC will then identify the Most Likely Descendent who will be afforded an opportunity to make recommendations regarding the treatment and disposition of the remains.

During
Construction
Ongoing During
Construction City of Madera
Review of
Documentation
Submittal
M a IR IP
M o A i 0 R t V 0
0 M
M C
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-4
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
Geology and Soils
Mitigation Measure GEO-1: In the event of accidental
discovery of unidentified paleontological resources during development or ground-moving activities in the Project area, all work should be halted in the immediate vicinity (within a 100-foot radius) until a qualified paleontologist can identify the discovery and assess its significance. The qualified paleontologist shall make recommendations to the City on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines and the City’s Historic Preservation Ordinance. If the resources are determined to be unique paleontological resources, measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any paleontological artifacts recovered as a result of mitigation shall be provided to a City-approved institution or person who is capable of providing longterm preservation to allow future scientific study.

During
Construction
Ongoing During
Construction City of Madera
Review of
Documentation
Submittal
Mitigation Measure GEO-2: Should the construction
crew or paleontologist uncover any bones or teeth, all construction-related activities in the immediate vicinity would be stopped until the paleontologist has assessed the find and, if deemed significant, salvaged it for
During
Construction
Ongoing During
Construction City of Madera
Review of
Documentation
Submittal
M a IR IP
M o A i 0 R t V 0
0 M

M G M G
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-5
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
deposition in a repository such as University of
California Museum of Paleontology where it would be properly curated and preserved for scientific study. Any period in which construction is halted shall be kept to the minimum amount of time feasible under the circumstances. To avoid any unnecessary loss of time during construction, the City shall require the paleontologist to assess the significance of the affected resources as soon as is feasible under the circumstances. Following the completion of the above tasks, the paleontologist shall prepare a report documenting the absence or discovery of fossil resources on-site. If fossils are found, the report shall summarize the results of the inspection program, identify those fossils encountered, recovery and curation efforts, and the methods used in these efforts, as well as describe the fossils collected and their significance. A copy of the report shall be provided to the Madera Community Development Department and to the Natural History Museum of Los Angeles County.

Hydrology and Water Quality
Mitigation Measure HYD-1: Prior to issuance of grading
permits, the Project proponent shall submit a NOI and SWPPP to the RWQCB to obtain coverage under the General Permit for Discharges of Stormwater Associated with Construction Activity. The SWPPP shall specify and require the implementation BMPs, with the intent of keeping all products of erosion from moving offsite and into receiving waters during construction. The requirements of the SWPPP shall be incorporated into design specifications and construction contracts.

Recommended BMPs for the construction phase shall
Prior to
issuance of
grading
permits.

The developer shall provide the City of Madera Engineering Division with evidence of an approved SWPPP prior to issuance of grading permits. Mitigation Measure HYD-2: Prior to issuance of grading permits, the Project proponent shall prepare a drainage plan for the Project for approval by the City Engineer that identifies postconstruction treatment, control, and design measures that minimize surface water runoff, erosion, siltation, and pollution. The drainage plan shall be prepared in accordance with the City's SWMP and California Stormwater Quality Association’s Storm Water Best Management Practices Handbook as well as the City Engineer’s Technical Specifications and Public Improvement Standards. During final design of the Project, the Project proponent shall implement a suite of post-construction stormwater treatment and control BMPs designed to address the most likely sources of stormwater pollutants resulting from operation and maintenance of the Project. These measures shall account for the proposed 21 acres of commercial development at the Project site. Stormwater
Prior to
issuance of
grading
permits.

Prior to Project
Construction City of Madera
Review of
Documentation
Submittal
M a IR IP
M o A i 0 R t V 0
0 M
M H
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-7
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
infrastructure will be designed adhering to methods and standards described in Section E.12.e.ii.c of the SWRCB Phase II Small MS4, General Permit (Order No. 2013-0001-DWQ). The City Engineer may also require other necessary BMPs and design features. Incorporation of City Engineer-approved BMPs and design features into the Project design and construction documents shall ensure that operational water quality exceeds applicable water quality standards. The Project proponent shall also prepare and submit an Operations and Maintenance Agreement to the City of Madera for its approval identifying appropriate procedures to ensure that stormwater quality control measures work properly during operations. Mitigation Measure HYD-3: A Development Maintenance Manual for the Project shall include comprehensive procedures for maintenance and operations of any stormwater facilities to ensure longterm operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer’s maintenance conditions. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., mid-October) and immediately after the end of the rainy season (i.e., mid-May). The manual shall also require that all devices be checked after major storm events. The Development Maintenance Manual shall include the following:

Prior to
issuance of
grading
permits.

Prior to Project
Construction City of Madera
Review of
Documentation
Submittal
M a IR IP
M o A i 0 R t V 0
0 M
M H
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-8
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
x Runoff shall be directed away from trash and
loading dock areas;
x Bins shall be lined or otherwise constructed to
reduce leaking of liquid wastes;
x Trash and loading dock areas shall be screened or
walled to minimize offsite transport of trash; and,
Impervious berms, trench catch basin, drop inlets, or overflow containment structures nearby docks and trash areas shall be installed to minimize the potential for leaks, spills or wash down water to enter the drainage system. NoiseMitigation Measure N
OISE-1: To mitigate noise created
by stationary sounds, such as construction, the following best practices shall be implemented to reduce noise to acceptable levels:
x All construction equipment shall be
properly maintained and muffled as to minimize noise generation at the source. x Noise-producing equipment shall not be
operating, running, or idling while not in immediate use by a construction contractor. x All noise-producing construction
equipment shall be located and operated, to the extent possible, at the greatest possible distance from any noise-sensitive land uses. x Locate construction staging areas, to the
extent possible, at the greatest possible
During
Construction
Ongoing During
Construction City of Madera Review of Conditions
M a IR IP
M o A i 0 R t V 0
0 M
M N
Chapter 5 Mitigation Monitoring and Reporting Program
Carmel Homes II & IV
July 2023 5-9
Mitigation M
onitoring and Reporting Program
Mitigation Measure/Condition of Approval
When
Monitoring is
to Occur
Frequency of
Monitoring
Agency Responsible
for Monitoring
Method to Verify
Compliance
Verification of
Compliance
distances from any noise-sensitive land
uses.
x Signs shall be posted at the construction
site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a designated noise disturbance coordinator.

M a IR IP
M o A i 0 R t V 0
0 M
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To: PD (4500)
From:

R-1
To:

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2 ATTACHMENT 5
Planning Commission Resolution 1975
RESOLUTION NO.1975

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MADERA

RECOMMENDING THE CITY COUNCIL OF THE CITY OF MADERA ADOPT A

MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVE REZONE NO. 2022-04
WHEREAS, DMP Development Corp ("Owner") submitted an application for a rezone (REZ 2022- 04) for approximately 57.53 acres of land located on the southwest corner of the intersection of West Pecan Avenue and Stadium Road (Rd. 26½), comprising APN(s) 012-480-008 and 012-480-009, in the City of Madera, California ("site"); and
WHEREAS, REZ 2022-04 was filed to facilitate approval of two tentative subdivision maps (TSM 2022-01 & 2023-02) and a Precise Plan proposing to subdivide the site for purposes of creating a 317-lot single family residential planned development; (collectively, the "Project"); and WHEREAS, the site is planned for Low Density Residential land uses in the adopted City of Madera General Plan and is currently zoned R-1 (Residential, One unit for each 6,000 square feet of site area) by the Zoning Ordinance; and
WHEREAS, the Owner is seeking approval to rezone the site to the PD-4500 (Planned Development, One unit for each 4,500 square feet of site area) pursuant to REZ 2022-04; and WHEREAS, this project was assessed under the California Environmental Quality Act ("CEQA") resulting in preparation of a Mitigated Negative Declaration (SCH No. 2023120574) including a Mitigation Monitoring and Reporting Program, which has been circulated, and made available for public review pursuant to CEQA and the City of Madera Municipal Code (CMC); and WHEREAS, pursuant to the CMC, a public hearing (for amendments to zone boundaries/changes of property from one zone to another) shall be held before the Planning Commission of the City of Madera (Commission) and the Commission shall render a report and recommendation (Resolution) to the City Council of the City of Madera (Council), prior to the Council adopting the amendment or any part thereof; and
WHEREAS, the City provided notice of the Planning Commission hearing as required by law for the hearing of January 16, 2024; and
WHEREAS, the Planning Commission received and independently reviewed REZ 2022-02 and Mitigated Negative Declaration (SCH No. 2023120574) at the duly noticed meeting on January 16, 2024; and
WHEREAS, at the January 16, 2024, public hearing, the public was provided an opportunity to comment, and evidence, both written and oral, was considered by the Planning Commission; and WHEREAS, after due consideration of all the items before it, the Planning Commission now desires to adopt this Resolution recommending the Council adopt Mitigated Negative Declaration (SCH No. 2023120574) for purposes of the proposed project and recommending the Council approve REZ 2022-04.

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

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

2. CEQA: The Planning Commission finds an environmental assessment initial study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed Project and relevant environmental issues. Based on this review and assessment, the Planning Commission finds that although the project could have a significant effect on the environment, there will not be a significant effect because mitigation measures have been identified to reduce the potential significant direct, indirect or cumulative effects on the environment, and that a Mitigated Negative Declaration is appropriate for this project. The Planning Commission further finds the Initial Study and Mitigated Negative Declaration were timely and properly published and noticed as required by CEQA. As such, the Planning Commission recommends the City Council adopt Mitigated Negative Declaration (SCH No. 2023120574) including the Mitigation Monitoring and Reporting Program (Exhibit A) for the project following the close of the public review period and following consideration of any public comments received.

3. 4.

Recommendation to City Council to Approve REZ 2022-04: The Planning Commission finds and determines that the proposed PD-4500 zone district as requested for the site (comprising APN[s] 012-480-008 and 012-480-009) pursuant to REZ 2022-04, is consistent with the adopted LD (Low Density Residential) General Plan land use designation for the site pursuant to, and in accordance with, Policy LU-32 and Table LU-A: General Plan/Zoning Consistency of the Madera General Plan. Therefore, based on evidence in the record, the Planning Commission recommends that the City Council approve REZ 2022-04 consistent with the General Plan Land Use designation and as shown in Exhibit B.

Effective Date: This resolution is effective immediately. * * * * *
Passed and recommended to City Council for adopting by the Planning Commission of the City of Madera this 16th day of January 2024, by the following vote:

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

NOES: None
ABSTENTIONS: None
ABSENT: None
Planning Commission Chairperson
Exhibit "A" - Mitigation Monitoring and Reporting Program Exhibit "B" - Existing and Proposed Zone District Map
Robert Gran Jr.

ATTACHMENT 6
Initial Study/Mitigated Negative Declaration
(SCH No. 2023120574)
https://www.madera.gov/wp-content/uploads/2023/11/CARMEL-HOMES-ISMNDWITH-APPENDICES-7.26.23.pdf

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 7, 2024
_________________________________ Agenda Number: D-1
Arnoldo Rodriguez, City Manager
SUBJECT:

California Partnership for the San Joaquin Valley Nominees RECOMMENDATION:

Adopt a Minute Order nominating two Councilmembers for the selection process to fill a vacancy on the California Partnership for the San Joaquin Valley SUMMARY:

The Madera County Transportation Commission (MCTC) is seeking nominees to fill the local elected official appointment to the California Partnership for the San Joaquin Valley (Partnership). The Partnership is a public-private collaboration that advocates and explores issues unique to the Central Valley. The purpose of this item is to provide information about the Partnership and to allow the Council an opportunity to select two members representing the City to advance in the nomination process.

BACKGROUND:

The California Partnership for the San Joaquin Valley is a public-private partnership focused on improving the region’s economic vitality and quality of life for the 3.9 million residentsthat reside in the San Joaquin Valley (Valley). Founded in June 2005 by Governor Arnold Schwarzenegger by Executive Order S-05-05, the Partnership intends to address the unique challenges facing the Valley as well as establish the region’s importance in California’s economic footprint. Though the Valley is one of the most productive agricultural regions in the world, the well-being of its residents has trailed greatly behind state and national averages in several areas including economic health, unemployment, educational standards, and air quality. Despite these ongoing challenges, the Valley historically was neglected by both state and federal leaders, receiving substantially less per-capita funding than other regions in California and the United States with similar statistics.

The creation of the Partnership was designed to address the region’s challenges while establishing a solid framework for advocacy and identifying strategic priorities. Included in Executive Order S-05-05 was a request by Governor Schwarzenegger for the new Partnership to submit a Strategic Action Proposal that provided recommendations to improve the economic condition of the Valley, based on three principal goals for the region:
 Grow a prosperous economy
 Create a quality environment
 Achieve social equity
In support of these goals, the Partnership developed ten work groups comprised of stakeholders from public and private sectors, with the purpose to support the Partnership’s mission by creating and fostering a culture of leadership, action, and accountability. The ten focused work groups are:
 Advanced Communications Services (Broadband)
 Air Quality
 Economic Development
 Energy
 Health
 Higher Education and Workforce Development
 Housing Collaborative
 PreK-12 Education
 Sustainable Communities
 Water Quality, Supply & Reliability
Partnership activities are led by a diverse Board of Directors. All Partnership Board Members are appointed by the Governor and serve at the discretion of the Governor. Directors serve without compensation and are comprised of members of the Governor’s cabinet, representatives of local government and business leaders from a wide range of industries from each county in the San Joaquin Valley.

SELECTION PROCESS:

On January 2, 2024, the Madera County Transportation Commission (MCTC) contacted the City of Madera, the City of Chowchilla and Madera County, inviting each jurisdiction to nominate two elected officials for the vacant Madera County seat on the California Partnership for the San Joaquin Valley. The nominations are to be submitted to the MCTC Policy Board, who, upon receipt of nominations from each of the three jurisdictions, will consider the list of nominees at their February 21, 2024 meeting and select three nominees of the original six to be forwarded to the Partnership for final determination. It should be noted that that there is one vacancy for the Madera County region, and the Partnership will select one of the three nominees to fill the position.

Eligible nominees must be a locally elected official of the County Board of Supervisors or a City Council Member. As described by the Partnership, the ideal candidate should serve in a leadership role in their respective community and be familiar with the work of the Partnership and possess values that support the socio-economic advancement of the San Joaquin Valley.

Additionally, the three selected nominees, as determined by the MCTC Policy Board, are required to provide a resume, and complete an online application on the Governor’s Appointments website. MCTC staff will provide guidance and direction for the application process. At a later date not yet announced, two to three reference letters will be requested by the Governor’s Appointment Secretary. While the 2024 meeting calendar has not been released, meetings have historically been held on a quarterly basis, occurring on the second Friday in March, June, September, and December, with a hybrid in-person/virtual attendance option available.

FINANCIAL IMPACT:

No financial impact is anticipated as a result of nominating members to serve on the California Partnership for the San Joaquin Valley.

ALTERNATIVES:

As instructed by MCTC, a Councilmember may not elect to apply directly to the Partnership; he orshe is required to undergo the selection process as described above.

ATTACHMENTS:

None

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Mee�ng of: February 7, 2024
Agenda Number: D-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consider an Ordinance to Amend Sec�on 8-7.08 (D) of the Madera Municipal Code Involving Delinquent Date for Payment of Municipal U�li�es
RECOMMENDATION:

Waive full reading and introduce an Ordinance amending Sec�on 8-7.08 (D) of the Madera Municipal Code to change u�lity bill payment dates
SUMMARY:

Despite the availability of various payment methods for the City's monthly u�lity bills, a significant por�on of municipal u�lity account holders prefer to pay in person at City Hall. This preference has resulted in customer service challenges, with long lines and unanswered calls observed par�cularly around the 25th of the month, the established non-delinquent payment deadline in the Madera Municipal Code. To address these issues without incurring addi�onal costs, staff proposes a strategic solu�on. By dividing Madera into four "billing quadrants" and rota�ng the payment due date based on the quadrant, staff aims to distribute the payment influx more evenly, allevia�ng conges�on and enhancing overall customer service. To implement this plan, staff recommends amending Sec�on 8-7.08 (D) of the Madera Municipal Code to modify the codified bill due date.

DISCUSSION:

As discussed at the workshop to City Council on January 17, 2024, the City charges for the municipal u�li�es it provides to the ci�zens of Madera through authority of the Madera Municipal Code’s (MMC) Title VIII, Chapter 7. While MMC Title VIII, Chapter 7, Sec�on 8-7.08 gives authority to the Director of Finance for issuing bills and administering the program, the Sec�on explicitly states that unpaid bills are not considered delinquent un�l the “…close of business on the 25th of the current month.”
The specific deadline set in the Madera Municipal Code (MMC) for u�lity bill payments, par�cularly around the 25th of each month, has led to a concentrated surge of payments during this period. Despite the City offering mul�ple payment channels, a significant por�on of customers persist in visi�ng City Hall for their u�lity payments. This influx results in extended wait �mes at the U�lity Billing customer counter, hindering efficient service delivery.

Furthermore, the overwhelming demand at the payment windows impedes staff's ability to address u�lity billing queries over the phone. As a consequence, the current customer service experience falls short of the desired standards, promp�ng the need for strategic adjustments to enhance overall efficiency and sa�sfac�on.

At Council’s January 17th, 2024 mee�ng, staff presented a plan to address this customer service shor�all. The plan involves dividing the City into four “billing quadrants,” with different u�lity payment due dates for each quadrant. A�er looking at various scenarios, Staff recommended the selec�on of the following billing/payment scenario:

The proposed monthly billing dates and payment due dates for the different quadrants are outlined in Table 1.

Table 1: Proposed Payment Due Date per Quadrant
Billing
Quadrant
Bill Issuance
Date
Bill Payment
Date
1 (Yellow) 14th 7th
2 (Red) 21st 14th
3 (Green) 28th 21st
4 (Blue) 7th 28th
To execute this plan successfully, it is necessary to modify MMC Sec�on 8-7.08 (D). Staff recommends amending this sec�on to permit mul�ple delinquent dates on municipal u�lity bills, con�ngent on the quadrant where a u�lity account's address is located. Addi�onally, staff proposes retaining the exis�ng provision that s�pulates if a payment due date falls on a weekend or legal holiday, the payment will be due on the next business day. These amendments are crucial for aligning the billing structure with the proposed quadrant-based system, ensuring a seamless and effec�ve implementa�on of the revised payment schedule.

This item will be scheduled for a second reading at a future Council mee�ng if approved at the first mee�ng. If approved at the second mee�ng, the Ordinance would go into effect on the 31st day a�er approval.

FINANCIAL IMPACT:

The approval of the revised MMC Sec�on 8-7.08 (D) is not expected to incur any new costs or generate addi�onal revenue for the City. However, the adop�on of the proposed billing and payment schedule is an�cipated to enhance cash flow. By encouraging customers to spread their bill payments throughout the month rather than concentra�ng them around a single day, the City aims to achieve a more balanced and consistent inflow of funds. This strategic adjustment is designed to improve financial predictability and contribute to more efficient fiscal management without imposing any addi�onal financial burden on the City.

It is important to emphasize that the primary objec�ve of this ini�a�ve is not revenue-driven; instead, the overarching goal is to enhance the customer experience by minimizing wait �mes.

The proposed changes in billing and payment schedules are strategically designed to distribute payment ac�vi�es throughout the month, allevia�ng conges�on and improving overall customer sa�sfac�on. This customer-centric approach priori�zes efficiency and convenience, crea�ng a more posi�ve experience for residents interac�ng with the City's u�lity billing services.

ALTERNATIVES:

Council may reject the plan recommended by Staff. Should Council reject the plan, the current u�lity bill payment customer service issues will con�nue. Council may adopt different bill issuance and payment dates than those proposed by Staff. The effect of adop�ng dates different from those proposed by Staff will depend on the specific dates selected.

ATTACHMENTS:

1. Ordinance

ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SECTION 8-7.08 (D) OF THE MADERA MUNICIPAL CODE TO

CHANGE UTILITY BILL PAYMENT DATES
WHEREAS, the City of Madera has the authority to charge for utility services provided to the citizens of Madera as further described in Chapter 7 of Title VIII of the Madera Municipal Code; and
WHEREAS, Section 8-7.08 (D) of the Madera Municipal Code specifies that any unpaid utility charges are delinquent at the close of business on the 25th of the current month; and WHEREAS, by declaring the 25th of the current month as the date by which unpaid utility charges are delinquent, the City has a de-facto due date on utility bills of the 25th of the current month; and
WHEREAS, with the growth of City utility customers, having a single due date for utility bill payments has created significant customer service challenges for payments processed in person at City Hall; and
WHEREAS, the City Council received a presentation on January 17, 2024 outlining a plan to address and improve the customer service issue by dividing the city into four “billing quadrants” and implementing different payment dates for each of those quadrants; and WHEREAS, Section 8-7.08 (D) must be amended to allow for multiple utility payment dates;
WHEREAS, the City Council now desires to update Section 8-7.08 (D) as set forth in this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does ordain as follows:

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

2. Code Amendment. Subsection (D) of Section 8-7.08 of Chapter 7 of Title VIII of the Madera Municipal Code is hereby amended to read in its entirety as follows (new text is identified in bold italics, deleted text in strikethrough):
§ 8-7.08 CHARGES FOR MUNICIPAL UTILITIES
(D) Payment. All charges for utility services shall be due and payable on the billing date.

All unpaid utility charges shall become delinquent at the close of business on the 25th of the current month on either the 7th, the 14th, the 21st, or the 28th of the current month, depending on billing dates established by the Director of Finance as allowed in Section 8-7.08 (B) and at the discretion of the same. The specific due and payable date selected by the Director of Finance for each account will be identified on each unified bill. The Director of Finance may also update the specific due and payable date identified herein for any account upon 60 days prior notice to the utility customer in the unified bill. If the delinquent date falls on a Saturday, Sunday or legal holiday, charges shall become delinquent at the close of business on the next business day after said Saturday, Sunday or legal holiday. Postmarks will not be accepted as the date the payment was received.

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

4. Effective Date of Ordinance. This Ordinance shall be effective and of full force and effect at 12:01 a.m. on the thirty-first day after its passage.

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

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: D-3
Ismael Hernandez, Public Works Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Contract Award for Engineering Services at the Wastewater Treatment Facility RECOMMENDATION:

Adopt a Resolution Awarding a Contract for Engineering Services at the Wastewater Treatment Facility in Response to Request for Proposal (RFP) No. 202324-19 to Stantec Consulting Services, Inc., for $582,000.00.

SUMMARY:

In November 2023 the City published a Request for Proposal (RFP) No. 202324-19 for Design and Engineering Services for Wastewater Treatment Facility (WWTF) Improvements. The City received two responsive proposals by the submission deadline. The proposals were evaluated by a team of qualified City staff. Stantec Consulting Services, Inc., received the highest score based on the RFP’s criteria.

DISCUSSION:

The City owns and operates a Wastewater Treatment Facility (WWTF) that is staffed by 14 fulltime City employees and regulated by the Central Valley Regional Water Quality Control Board under Waste Discharge Requirements Order No. R5-2022-0074. It is the only WWTF operated by the City and collects all City waste and some waste from portions of Madera County.

Much of the treatment plant infrastructure was built in the 1970s, with the oldest portions of the City’s sewer system having been constructed in the first half of the century. Although some equipment was replaced during the 2006 expansion project and upgraded in 2008 and 2019, there are still many assets that were installed nearly 50 years ago and have reached the end of their life expectancy.

Background
In 2020, the City updated the Sewer System Management Plan (SSMP) that described the scope of near-term and long-term improvements needed at the WWTF. The City’s first SSMP was completed in April 2009 and certified by the City Council in May 2009. The 2009 SSMP was updated in October 2014. The 2020 plan reflects the most current information on the City’s sewer system management, operation, maintenance programs, and desired improvements.

Near-term improvements
The City is implementing a phased approach to the near-term and long-term improvements. The near-term improvements should increase the capacity of some unit processes to be able to handle the peak hourly flows associated with the ultimate design capacity of the WWTF to 10.1 million gallons per day (MGD). The long-term improvements will expand the capacity of the WWTF beyond 10.1 MGD.

This contract award to Stantec Consulting Services, Inc., if approved, will help the City to accomplish the near-term improvements. The objectives of these improvements are to:
▪ Rehabilitate aged infrastructure and equipment and
▪ Construct new unit processes to increase treatment capacity A site visit was recently conducted by consulting engineers to determine the current condition of the various unit processes at the WWTF. In general, the WWTF is well maintained, however, certain deficiencies were identified. To address said deficiencies, the following near-term capital improvements are needed:

1. Addition of a New Mechanical Bar Screen Facility

2. Addition of a Waste Activate Sludge (WAS) Thickener

3. Wet Well Improvements

4. Restoration of Primary Clarifier Influent Channel Aeration

5. Replace Secondary Clarifier Scum Pump(s)

6. Replacement of the Septage Receiving Station
RFP Process
In November 2023 the City published RFP No. 202324-19 for Design and Engineering Services for WWTF Improvements. The RFP was uploaded to PlanetBids, the City's online bidding platform, on November 15, 2023, and advertised in the Madera Tribune on November 18 and November 25, 2023.

As part of the bidding process, the City undertook a thorough outreach effort to engage engineering firms for the project. The following is a synopsis of the key aspects of the bidding process:
▪ Notification to Registered Firms: 74 engineering firms registered with the City were formally notified through the PlanetBids platform, ensuring that the City's existing pool of registered firms received timely information about the Request for Proposal (RFP). ▪ Outreach to Unregistered Firms: An extended outreach effort targeted 250 engineering firms that were not registered with the City on PlanetBids. This broader outreach aimed to cast a wide net and involve a diverse range of potential bidders. ▪ RFP Downloads: The RFP was made available on PlanetBids, leading to 34 firms downloading the document and expressing their intent to submit a proposal. ▪ Staff Outreach: Staff proactively contacted 29 engineering firms from its internal list. This direct outreach helped ensure that a diverse and qualified pool of firms was engaged in the bidding process.

This multi-faceted approach was designed to maximize participation, foster healthy competition, and attract the most qualified engineering firms for the project.

The City received two responsive proposals by the submission deadline. These proposals underwent a thorough evaluation process conducted by a team of qualified City staff. The evaluation was based on the criteria outlined in the RFP.

As highlighted in Table 1, Stantec Consulting Services, Inc. emerged with the highest score, demonstrating its exemplary alignment with the RFP's criteria. The evaluation process considered various factors, including expertise, past performance, availability, proposed approach, and overall suitability for the project.

Table 1: Bids Received Ranked by Weighted Total Scores
Rank Firm Score
1 Stantec Consulting Services, Inc. 74.70%
2 AECOM Technical Services, Inc. 70.50%
Established in 1945, Stantec Consulting Services, Inc., maintains a team of professional engineers, planners, surveyors, hydrogeologists, construction inspectors, environmental scientists, and technicians with a staff of approximately 200 wastewater specialists serving Central Valley communities. For more than 15 years, Stantec has developed an exceptional working relationship with the City and its staff who are involved with wastewater planning, design, and construction.

Stantec has worked with the City for the 2015 Condition Assessment, the 2019 Rehabilitation Project, the 2020 report of waste discharge, the 2021 groundwater monitoring well project, and is currently assisting the City with meeting Waste Discharge Requirements.

Upon receiving the engineering design from Stantec, it is anticipated that the City will promptly issue an RFP to solicit bids for the construction of the proposed improvements outlined in the design. That RFP will then serve as a basis for a formal invitation to qualified contractors, inviting them to submit detailed proposals outlining their approach, cost estimates, and timelines for the construction phase.

FINANCIAL IMPACT:

The allocation of funds for engineering services and subsequent capital improvements is sourced from The American Rescue Plan Act of 2021 (ARPA). This federal stimulus plan is specifically designed to provide financial support for water and sewer infrastructure investments, ensuring the improvement and resilience of crucial municipal facilities.

It is important to underscore that this funding allocation from ARPA is earmarked for water and sewer infrastructure, thereby safeguarding the City's budget for the Wastewater Treatment Plant. The utilization of these funds for the proposed engineering services and capital improvements should not negatively impact or strain the existing budgetary provisions allocated for the Wastewater Treatment Plant.

ALTERNATIVES:

The City Council may choose not to adopt this resolution, but because the ARPA funds must be encumbered by December 31, 2024, and the capital improvement project fully completed by December 31, 2026, delaying the award of this contact would jeopardize the federal funding opportunity for this desired capital improvement project.

ATTACHMENTS:

1. Resolution

2. Agreement
RESOLUTION NO. _______

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

CALIFORNIA, AWARDING A CONTRACT FOR ENGINEERING SERVICES AT

THE WASTEWATER TREATMENT FACILITY IN RESPONSE TO REQUEST FOR PROPOSAL (RFP) NO. 202324-19 TO STANTEC CONSULTING SERVICES, INC.

WHEREAS, In November 2023, the City published a Request for Proposal (RFP) No. 202324-19 for Design and Engineering Services for Wastewater Treatment Facility (WWTF) Improvements; and
WHEREAS, the City desires to improve the daily capacity of the WWTF to meet the demands of future growth while conforming to State guidelines; and WHEREAS, two bids were received and Stantec Consulting Services, Inc., is the City's selection to perform the services; and
WHEREAS, the federal stimulus funds provided via The American Rescue Plan Act of 2021 (ARPA) are available for water and sewer infrastructure investments; and WHEREAS, the City desires to use ARPA funds to finance the capital improvement project.

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

1. The above recitals are true and correct.

2. The City Council approves awarding a contract for engineering services to Stantec Consulting Services, Inc.

3. The Mayor of the City of Madera is authorized to execute the contract and all documents necessary to effectuate the contract in behalf of the City.

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

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

CITY OF MADERA
AND
STANTEC CONSULTING SERVICES, INC.

This Agreement for Design and Engineering Services for the City of Madera Wastewater Treatment Facility (WWTF) Improvements, Request for Proposal (RFP) No. 202324-19 ("Agreement") is made and entered into this __ day of _______, between the City of Madera, a municipal corporation of the State of California, hereinafter called "CITY," and Stantec Consulting Services, Inc., hereinafter called "CONSULTANT."

RECITALS
WHEREAS, CITY plans to make improvements to the WWTF, ('Project'); and WHEREAS, CITY needs the services of a professional engineering firm to provide design and engineering services for the Project; and
WHEREAS, CONSULTANT is qualified and certified to provide the required professional design and engineering services and is knowledgeable of the principles and practices of the industry associated with design and engineering; and
WHEREAS, CITY desires to enter this Agreement with CONSULTANT for such professional design and engineering services.

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

AGREEMENT

1. SERVICES OF CONSULTANT:

CONSULTANT will provide professional design and engineering services as set forth herein in connection with the Project. Said work to be performed pursuant to this agreement is more particularly described in the Scope of Work.

2. SCOPE OF WORK:

CONSULTANT shall provide the professional architectural and engineering management services as set forth in Exhibit A, "Scope of Services," attached hereto and incorporated herein by reference.

CONSULTANT accepts full responsibility for the scope of services provided by subconsultants necessary for delivery of the project. CONSULTANT shall comply with applicable City of Madera design standards and requirements as directed by the CITY and applicable State and Federal requirements.

3. PROGRESS MEETINGS:

CONSULTANT shall communicate and meet with CITY staff at project progress meetings at intervals mutually agreed to between CITY and CONSULTANT to verify, refine and complete the project requirements and review the progress of the project. Such meetings shall be as set forth in the Scope of Work which is attached and incorporated by reference as EXHIBIT A.

4. CITY'S OBLIGATIONS:

The CITY shall:
a. Provide a Project Manager to work with CONSULTANT;
b. Review all submittals timely;
c. Pay all fees for permits.

5. COMPENSATION:

The total compensation for the work tasks itemized in EXHIBIT B, "Fee and Hourly Rate Schedule," attached hereto and incorporated herein by reference is $582,00.00.

CITY and CONSULTANT agree on the rates shown in EXHIBIT B and agree that they will remain in effect until the date of expiration of Agreement indicated in Section 11. It is understood and agreed by both parties that all expenses incidental to CONSULTANT'S performance of services, including travel expenses, are included in the total fee shown in EXHIBIT B.

6. PAYMENT:

Payments for all undisputed portions of each invoice as provided for hereunder shall be made within 30 days of receipt and approval of CONSULTANT'S monthly invoices for the work performed specified herein. CONSULTANT'S invoice shall specify the billed hours and hourly rates for each employee classification. The sub-consultant's work shall be included on CONSULTANT'S invoice with a copy of the sub-consultant's invoice attached. A report on summary of costs to date for each component of the work shall accompany the invoice. This summary shall also estimate the percentage of the work completed for each component and the balance remaining in each component.

7. EXTRA SERVICES:

CITY agrees to pay CONSULTANT for extra services not contemplated hereunder as set forth in the Scope of Work or for such services as may be specifically requested by CITY through the Project Manager in writing and agreed to by CONSULTANT for an agreed-to fixed fee or hourly rate of compensation or for necessary expenses over that listed in the Budget; provided, however, the Project Manager authority is limited to expenditures not to exceed the amount of $58,200.00.

8. AUDITS AND INSPECTIONS ACCESS:

CONSULTANT shall, upon reasonable notice and at any time during regular business hours, and as often as CITY may deem necessary, make available to the CITY or its authorized representative for examination, all of its books, records, and data with respect to matters covered by this Agreement. CONSULTANT shall permit CITY to audit and inspect all invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to matters covered by this Agreement.

9. LIABILITY INSURANCE:

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

The provision will survive expiration or termination of this Agreement.

10. OWNERSHIP OF DOCUMENTS:

All original papers, documents, reports, drawings, and other work product of CONSULTANT are instruments of service. All reports and legal documents shall include the professional's registration number and be stamped, signed, and dated. All instruments of service shall, upon payment in full to CONSULTANT, become the property of the CITY whether the project for which they are prepared is executed or not. CONSULTANT shall be permitted to retain copies, including reproducible copies, of the instruments of service for information and reference. The instruments of service shall not be used by the CONSULTANT on other projects, except by agreement in writing by the CITY. In the event the CITY reuses such instruments of service, CONSULTANT shall be released and held harmless by the CITY from any and all liability, including legal costs and attorneys' fees, with respect to the reuse of such instruments of service.

Reuse of documents for any purpose other than as intended under this Agreement shall be at CITY'S sole risk. CITY shall indemnify CONSULTANT for any damages incurred as a result of such reuse, including use of incomplete documents.

11. TIME OF COMPLETION:

A. Based on an agreed upon Notice to Proceed date, CONSULTANT shall complete the work as shown in EXHIBIT D, “Work Schedule," which is attached and incorporated herein by reference.

B. CONSULTANT shall not be held responsible for delays caused by CITY review or by reasons beyond CONSULTANT'S control. Also, CONSULTANT shall not stop his work, including work unrelated to any extra services request, unless it can be shown that the project work cannot proceed while a claim or request for extra services is being evaluated.

C. Time is of the essence in the completion of the services covered by this Agreement. Failure of CONSULTANT to comply with the above time schedule by more than fourteen (14) calendar days, unless the delay is not attributable to CONSULTANT or is attributable to CITY, is sufficient cause to terminate this Agreement, at the option of CITY, in accordance with Section 12.

D. CONSULTANT shall complete all services required under this Agreement and this Agreement on or before September 30, 2024 ('Expiration Date'). The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90-days in advance of expiration, for a period not to exceed one __1__ additional one-year extension. Any extension requiring increased compensation will require approval by the City Council.

12. TERMINATION OF AGREEMENT:

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, CONSULTANT shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized by the CITY representative to wind up the work performed to date of termination.

B. CITY may immediately suspend or terminate this Agreement in whole or in part by written notice where, in the determination of CITY, there is:

1. An illegal use of funds by CONSULTANT.

2. A failure by CONSULTANT to comply with any material term of this Agreement.

3. A substantially incorrect or incomplete report submitted by CONSULTANT to CITY.

In no event shall any payment by CITY or acceptance by CONSULTANT constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. CITY shall have the right to demand of CONSULTANT the repayment to CITY of any funds disbursed to CONSULTANT under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

13. APPROVAL:

CITY will give reasonably prompt consideration to all matters submitted by CONSULTANT for approval to the end that there will be no significant delays in CONSULTANT'S program of work.

An approval, authorization or request to CONSULTANT given by CITY will only be binding upon CITY under the terms of this Agreement if in writing and signed on behalf of CITY by a CITY representative or designee.

14. HOLD HARMLESS:

Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Subconsultants) are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the CITY in the performance of professional services under this Agreement. Consultant shall not be obligated to defend or indemnify CITY for its own negligence or for the negligence of others.

Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant, except when caused by the active negligence or willful misconduct of the City.

15. RESPONSIBILITY FOR OTHERS:

CONSULTANT shall be responsible to CITY for its services and the services of its sub consultants. CONSULTANT shall not be responsible for the acts or omissions of other parties engaged by CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.

16. CONFLICT OF INTEREST:

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

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

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

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

This Section 16 shall survive expiration or termination of this Agreement.

PROFESSIONAL RESPONSIBILITY:

CONSULTANT shall be obligated to comply with applicable standards of professional care in the performance of the Services. CONSULTANT recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

17. PARTIES BOUND BY AGREEMENT:

This Agreement shall be binding upon CITY, CONSULTANT, and their successors in interest, legal representatives, executors, administrators and assigns with respect to all covenants as set forth herein. CONSULTANT shall not subcontract, assign, or transfer any of the work except as otherwise provided for in this agreement.

18. COMPLETE AGREEMENT OF PARTIES:

This Agreement, including attachments incorporated herein by reference, represents the entire Agreement and understanding between the parties. Any modifications of this Agreement shall be in writing and signed by authorized representatives of the parties. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition, or covenant.

19. ASSIGNMENT WITH APPROVAL:

It is understood that neither party shall assign, sublet, subcontract, or transfer its rights or obligation under this Agreement without the prior express, written consent of the other party.

20. INDEPENDENT CONTRACTOR:

In performance of the work, duties and obligations assumed by CONSULTANT under this Agreement, it is mutually understood and agreed that CONSULTANT, including any and all of CONSULTANT'S officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of CITY. Furthermore, CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and function. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions hereof. CONSULTANT and CITY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONSULTANT shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee to others unrelated to CITY or to this Agreement.

21. GOVERNING LAW:

Any controversy or claim arising out of, or relating to, this Agreement which cannot be amicably settled without court action shall be litigated either in the appropriate State court for Madera County, California, or as appropriate in the U. S. District Court for the Eastern District of California, located in Fresno, California. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

22. AMENDMENTS:

Any changes to this Agreement requested either by CITY or CONSULTANT may only be affected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such in writing.

23. COMPLIANCE WITH LAWS AND WAGE RATES:

CONSULTANT shall comply with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of CONSULTANT'S services. CONSULTANT may use professional practices and standards regarding the interpretation of these laws.

Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply, unless otherwise expressly stated.

24. CONSULTANT'S LEGAL AUTHORITY:

Each individual executing or attesting this Agreement on behalf of CONSULTANT hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation's board of directors and in accordance with such corporation's articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONSULTANT is a duly organized and legally existing corporation in good standing in the State of California.

25. NOTICES:

Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party shall be in writing, and shall be deemed duly served and given when personally delivered to the party to whom it is directed or any managing employee or that party or, in lieu or personal service, when deposited in the United States mail, first class postage prepaid, addressed as follows:

CITY OF MADERA CONSULTANT
City of Madera
Attn: Arnoldo Rodriguez
205 W. 4th Street
Madera, CA 93637
Phone: 559-661-5400 Phone:

Email: [email protected] Email:

26. SOLE AGREEMENT:

This instrument constitutes the sole and only agreement between CONSULTANT and CITY respecting the Project and correctly sets the obligations of the CONSULTANT and CITY to each other as of this date. Any agreements or representations respecting the above project, not expressly set forth in this instrument are null and void. ///
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written.
* * * * * * * * * * *

CITY OF MADERA
a municipal corporation
By:

Santos Garcia, Mayor
Date: _______________________________
STANTEC CONSULTING SERVICES, INC.

By:
__________________
Taxpayer I.D. Number
Date: _______________________________
ATTEST:

By:

Alicia Gonzales, City Clerk

APPROVED AS TO FORM
By:

Shannon L. Chaffin, City Attorney
Date: ____________________________
Exhibits:

Exhibit A - Scope of Services
Exhibit B - Fee and Hourly Rate Schedule
Exhibit C - Insurance Requirements for Consultants
Exhibit D – Work Schedule
Exhibit E - Disclosure of Conflict of Interest
Stantec | 3
Madera WWTF Improvements, Project 202324-19
B. GENERAL REQUIREMENTS

1. Understanding and Approach
The City owns and operates the Madera Wastewater
Treatment Plant (WWTP) and is regulated by Waste
Discharge Requirements (WDR) Order No. R5-2022-
0074. The plant treats an existing flow rate of 5.15
Mgal/d and has a design capacity of 10.1 Mgal/d, to
accommodate future growth. However, the updated
WDR limits the permitted flow rate to 7.0 Mgal/d. The
sanitary sewer collection system delivers wastewater to the plant, where it is comingled with septage receiving station effluent, processed by two mechanical screens,
and pumped to grit chambers and primary clarifiers.

Primary effluent is pumped to oxidation ditches and
secondary clarifiers, before being discharged into
percolation disposal ponds. Scum and waste sludge is
sent to anaerobic digesters and centrifuges, which
produce biosolids that are hauled off site for further
treatment and disposal.

Much of the treatment plant infrastructure was built in the 1970s. Although some equipment was replaced
during the 2006 expansion project and the 2019
Rehabilitation Project, there are still many assets that were installed nearly 50 years ago and have reached
their life expectancy.

Recent improvements to the plant include the:
− 2008 WWTF Upgrade and Expansion Project
(secondary treatment upgrades, including biological
nutrient removal with oxidation ditches and clarifiers), − 2019 Phase I Rehabilitation Project (equipment
replacement in the primary clarifiers, digesters,
oxidation ditches, and construction of new plant water
supply wells, and primary effluent pump stationDESIGNED BY STANTEC), − 2021 Groundwater Monitoring Well Project (including
removal of inoperable wells and installation of
new/deeper wells - DESIGNED BY STANTEC),
− Several WWTF Master Plans PREPARED BY
STANTEC (including the critical operations report,
WWTF staffing plan, WWTF capacity assessment,
2015 condition assessment & 2019 equipment
assessment, 2020 report of waste discharge, and
current [2023/2024] quarterly/annual groundwater
monitoring reports and antidegradation analysisStantec is currently under contract for permitting assistance and ongoing groundwater analysis.)
We understand the main purpose of this project is to
replace and repair aging infrastructure and to develop a project that will provide the most cost-effective solution for long term operation of the WWTF.

Stantec’s management approach to the Madera WWTF
Improvements Project will be based on our proven track
record of delivering wastewater treatment design projects for small to medium sized local communities. Our project
manager, Beth Cohen’s approach relies on a detailed scope of services where every member of the design team is
assigned a specific role and responsibility and the team is focused on the success of the project as a whole. The
proposed team for this project has worked together for 20 years. We encourage the City staff to visit any of the WWTF designed by Stantec, especially the ones designed by the team selected for this project.

Success of the project is defined not only by delivering the design documents on budget and on schedule, but more
importantly by an operator friendly WWTF that reduces the risk of failure, minimizes the costs borne by rate payers, and provides robust performance, with final costs at or below the City’s budget.

2. Scope of Services
The detailed scope of services presented below outlines the step- by-step approach Stantec will use to deliver the
project.

TASK 1: PROJECT MANAGEMENT AND SCHEMATIC
DESIGN
Task 1.01 Project Management: Stantec will provide project management and administrative services including staff
assignments, monitoring and control of progress of each major item of work, monitoring and control of time and
expenses on each major task, and coordination regarding contractual, billing, and project funding and permitting issues. The project manager will be responsible for
coordinating QA/QC. Stantec will complete quality control reviews and constructability reviews of the drawings,
specifications, and other bidding documents between the schematic design and 60 percent submittals and between
60 and 90 percent submittals. Documents will be reviewed for correctness, completeness, and coordination with other documents and between disciplines. The QA/QC process
will involve senior engineers.

Deliverables: Workplan, schedule, monthly invoices,
meeting agenda and minutes, QA/QC plan.

Stantec | 4
Madera WWTF Improvements, Project 202324-19
Task 1.02 Meetings and Information Gathering: During
design, Stantec will participate in kick-off and progress meetings with the City. This subtask includes meeting
preparation, virtual attendance, and preparation of
meeting minutes for up to five virtual meetings. During the kickoff meeting, Stantec will confirm project goals and strategies, request data and documentation desired
for project implementation. Stantec will review record
drawings for utility and topographic data.

Deliverables: Meeting agenda and minutes, archive files collected and prepared during project.

Task 1.03 Basis of Design Report: Stantec will prepare
a Basis of Design Report (BDR) that describes the
investigation and evaluation of the improvements
project and will provide the basis of design and criteria for the Recommended Project. The following sections
will be included in the PDR:
• Influent Lift Station Improvements
• Headworks Screening Upgrades
• Septage Receiving Station Replacement
• Primary Clarifier Influent Mixing
• Secondary Clarifier Scum Pump
• Digester Cover Coating
• Preliminary Cost Estimate and Schedule
• Draft specification list
This task includes preliminary design drawings (~30
percent complete). At a minimum, these will include
equipment layouts and process and instrumentation
diagrams.

Deliverables: Draft and Final Basis of Design Report,
and preliminary (30% complete) design drawings.

TASK 2: DESIGN DEVELOPMENT
Task 2.01 60% Design: Comments from the previous
submittal (from Task 1.03) will be incorporated and the design will be advanced to the approximate 60 percent
completion point. The 60 percent submittal will have
more developed structural, mechanical, civil, electrical, and controls/ instrumentation details. The submittal will include electrical one-line diagrams, a construction
sequencing and process bypass plan, and a full set of
draft specifications. It is anticipated that the City will provide comments at a progress meeting, occurring
within two weeks after receiving the submittal. The
comments will be returned to the City once they have
been incorporated into the design documents with a brief explanation indicating how comments are addressed.

Deliverables: Electronic files (PDF) of the design plans and technical specifications for 60% milestone
submittal.

TASK 3: CONSTRUCTION DOCUMENT
Task 3.01 90% and Final Design: Stantec will provide City staff with a design submittal package of the drawings and specifications at 90 percent complete including an estimate of the probable construction costs. After receiving City review comments on the 90 percent submittal package,
Stantec will incorporate these comments and prepare a 100 percent complete submittal package for City approval.

Deliverables: Electronic files (PDF) of the design plans and technical specifications for 90% and 100% milestone
submittals (final design will be stamped and signed by
Professional Engineers licensed in the state of California).

TASK 4: BIDDING SERVICES
Task 4.01 Pre-Bid Conference: Stantec will conduct a prebid conference with the general contractors, subcontractors, and other interested parties to explain the requirements for bidding the WWTF Improvements Project and the
construction constraints and schedule milestones. Stantec will participate in mandatory site visit and walk-through at the WWTF for all pre-bid conference attendees.

Task 4.02 Respond to RFIs and Prepare Addenda: We will
receive and respond to questions from the general
contractors, subcontractors and suppliers during the bid period. We will keep a written log of questions and
distribute responses to all plan holders and the City during the bid period. Stantec will prepare and distribute up to two addenda to address RFIs that require clarification of the Bid Documents.

Task 4.03 Bid Evaluation: Stantec will assist the City in reviewing the bids, qualification statements, and associated forms. We will prepare a letter summarizing the bid review and providing a General Contractor selection
recommendation.

Deliverables: Electronic files (PDF) of the RFI responses, addenda, and bid evaluation.

TASK 5: CONSTRUCTION SERVICES
Task 5.01 Conformed Drawings: Stantec will prepare and
distribute conformed drawings and specifications to
incorporate changes made to the documents through
addenda issued during bidding. The conformed documents
are intended to provide clear consolidation of the project requirements for use by the construction management (CM) team and the general contractor
Deliverables: Provide a PDF file of the conformed set for City or Contractor reproduction.

In addition to the items noted in the RFP, we will
investigate the need to recoat the digester tank
covers, to prevent further rusting and hazardous gas
leaking (see City Council meeting minutes from
11/20/2019 and Phase 1 Rehab Project documents).

Stantec | 5
Madera WWTF Improvements, Project 202324-19
Task 5.02 Attend Pre-Construction Meeting and Site
Visits: The Stantec Design Engineer will attend the preconstruction meeting and the Contractor selected for the project.

During construction, Stantec design engineering staff
will attend on-site meetings held periodically with the City staff, Construction Manager, and the Contractor to enable timely and effective resolution of important
matters as they materialize and to confirm compliance
of constructed work with the design intent. We have
assumed attendance at five onsite meetings, for site
observations, and the remaining progress meetings (ten
meetings) will be attended virtually. During the final
stages of construction, the Design Engineers will help
the City in preparation of punch list items.

Task 5.03 Review Contractor Submittals: Upon receipt
from the CM Team, Stantec design staff will review
material, equipment, and operation manual submittals
for compliance with the contract documents and the
design intent. Review comments will be conveyed to
the Construction Manager for processing and
distribution. Submittals will be reviewed and returned to the Construction Manager within 30 calendar days,
unless an earlier reply is requested on selected
submittals.

Deliverables: Review and provide written electronic
responses (PDF) for up to 20 submittals and 5
resubmittals.

Task 5.04 Respond to Contractor RFIs and
Clarifications Stantec design staff will respond in writing and in a timely manner to requests for information
(RFI’s) from the Contractor. RFI’s will be reviewed and returned to the Construction Manager. Stantec shall
respond to RFI’s in writing within 14 calendar days,
unless and earlier reply is requested on selected RFI’s.

Deliverables: Respond in writing electronically to an up to 20 RFIs.

Task 5.05 Assist in Review of Change Orders: Stantec
will assist with the technical review, drawings and
specifications for change orders prepared by the
Construction Manager. It is assumed the Construction
Manager will be responsible for preparing the change
order document and negotiating the change order cost
with the Contractor.

Deliverables: Respond in writing electronically to an
estimated three (3) change orders.

Task 5.06 Prepare Record Drawings Stantec will
prepare as-built record drawings based on the markups
from the Contractor and Construction Manager. It is
expected that the City’s Construction Manager will verify that the as-built markups prepared by the Contractor are accurate and correct.

Deliverables: PDF and AutoCAD files of as-built record
drawings will be delivered to the City.

3. Proposed Work Schedule
The proposed project schedule includes time dedicated
to meetings, internal and City QA/QC, progress
submittals, bidding and construction support. The
following schedule presents the WWTF Improvements
Project milestones, based on an assumed Notice to
Proceed in January 2024:
• Notice to Proceed: January 2, 2024
• Kickoff Meeting: January 8, 2024
• Information Gathering: January to February 8, 2024
• Draft Basis of Design Report: March 28, 2024
• Final Basis of Design Report: April 28, 2024
• 30% Drawing Set: April 28, 2024
• 60% Progress Submittal: June 28, 2024
• 90% Progress Submittal: August 28, 2024
• 100% Progress Submittal: September 28, 2024
• Bidding Services: September to November 2024
• Construction Services: 18-months (12/24 to 7/26)
• Punch List: July 2026
• Record Drawings: September 2026

4. Responsible Engineer
Beth Cohen will be responsible for the project and is
duly licensed in the State of California (license number C-70184, as evident by the following information
provided by the BPELSG website).

5. Key Personnel Resumes
Key personnel resumes are included in Part D of this
proposal.

COHEN, BETH
LICENSE NUMBER: 70184 LICENSE TYPE: CIVIL ENGINEER
LICENSE STATUS: CLEAR (1) EXPIRATION DATE: SEPTEMBER 30, 2024 SECONDARY STATUS: N/A
CITY: LOOMIS STATE: CALIFORNIA COUNTY: PLACER ZIP: 95650 PROJ

PROPOSAL FOR

MADERA WWTF IMPROVEMENTS

DESIGN ENGINEERING
PROJECT 202324-19 | DECEMBER 12, 2023
Stantec Consulting Services Inc.
2250 Douglas Blvd, Roseville, CA 95661

December 12, 2023
Attention: Jennifer Stickman
Procurement Services Manager
City of Madera Finance Department
205 W. 4th Street
Madera, CA 93637
Reference: Madera WWTF Improvements Design Engineering Proposal Dear Ms. Stickman,
Our fee estimate includes an estimate of labor hours to conduct and complete each task in the scope of services of our Proposal in conformance with the RFP. The fee estimate is broken out for each team member and subconsultant in a matrix format (work breakdown structure) showing hours and charge rates per team member. Also included is our Standard Billing Rates for 2024 showing hourly rates by skill classification.

Should you have any questions, please call me at (916) 826-3665. I am authorized to negotiate and approve any requested changes to or scope and fee estimate.

Regards,
Stantec Consulting Services Inc.

Beth Cohen PE
Principal Engineer
Phone: 916-541-2384
[email protected]

Steven Beck PE
Sr. Principal Engineer
Phone: 916-826-3665
[email protected]
(j Stantec
Design with community in mind
Principal-in-Charge Project Manager & Process Engineer QA/QCLead E&I Engineer E&I Designer E&I Sr. Designer Structural Engineer Process Engineer EIT Civil Engineer Senior DesignerODCs Name Beck, Steven Cohen, Beth Aronow, Gabe Hoang, Long Hoang, Jonathan Morales, Heather Stoll, Steve Padilla, Mitchell Vakulchik, Alex Bartos, Andy Project Summary Hours Labour Expense Subs Total Billing Level Level 18 Level 17 Level 18 Level 16 Level 08 Level 11 Level 18 Level 10 Level 11 Level 12 Fixed Fee 0 $0.00 $0.00 $0.00 $0.00 Project Billing Rate (T&M) $290.00 $289.00 $290.00 $280.00 $179.00 $210.00 $290.00 $196.00 $210.00 $222.00 $1.00 Time & Material 2,248 $578,679.28 $3,320.72 $0.00 $582,000.00 Total Units (T&M) 66.00 462.00 24.00 242.00 120.00 284.00 222.00 388.00 30.00 410.00 3,320.72 Total 2,248 $578,679.28 $3,320.72 $0.00 $582,000.00 Fee (T&M) $19,140.00 $133,518.00 $6,960.00 $67,760.00 $21,480.00 $59,640.00 $64,380.00 $76,048.00 $6,300.00 $91,020.00 $3,320.72 Escalation (T&M) $1,248.57 $8,717.86 $568.42 $4,143.56 $859.20 $3,342.42 $4,011.35 $4,631.18 $252.00 $4,658.72 $0.00 Total Fee (T&M) $20,388.57 $142,235.86 $7,528.42 $71,903.56 $22,339.20 $62,982.42 $68,391.35 $80,679.18 $6,552.00 $95,678.72 $3,320.72 Task Code Task Name Start Date End Date Units Task Type Hours Labour Expense Subs Total 1 Project Management and Schematic Design 2024-01-02 2026-12-20 Time & Material 342 $90,859.46 $220.72 $0.00 $91,080.18

1.01 Project Management 2024-01-02 2026-12-20 8.00 40.00 24.00 Time & Material 72 $22,542.00 $0.00 $0.00 $22,542.00

1.02 Meetings and Information Gathering 2024-01-02 2026-12-20 12.00 18.00 120.72 Time & Material 30 $9,391.06 $120.72 $0.00 $9,511.78

1.03 Basis of Design Report and 30% drawings 2024-01-02 2024-04-28 60.00 20.00 20.00 60.00 80.00 100.00 Time & Material 240 $58,926.40 $100.00 $0.00 $59,026.40 2 Design Development 2024-04-28 2024-06-28 Time & Material 378 $91,873.60 $200.00 $0.00 $92,073.60

2.01 60% Design 2024-04-28 2024-06-28 8.00 40.00 40.00 40.00 80.00 40.00 40.00 10.00 80.00 200.00 Time & Material 378 $91,873.60 $200.00 $0.00 $92,073.60 3 Construction Documents 2024-06-28 2024-09-28 Time & Material 708 $172,598.40 $200.00 $0.00 $172,798.40

3.01 90% and Final Design 2024-06-28 2024-09-28 8.00 80.00 80.00 80.00 120.00 80.00 80.00 20.00 160.00 200.00 Time & Material 708 $172,598.40 $200.00 $0.00 $172,798.40 4 Bidding Services 2024-10-01 2024-12-01 Time & Material 152 $39,112.32 $500.00 $0.00 $39,612.32

4.01 Pre-Bid Conference 2024-10-01 2024-10-10 8.00 8.00 500.00 Time & Material 16 $4,817.28 $500.00 $0.00 $5,317.28

4.02 Repond to RFIs and Prepare Addenda 2024-10-01 2024-11-15 2.00 40.00 10.00 10.00 40.00 10.00 Time & Material 112 $29,016.00 $0.00 $0.00 $29,016.004.03 Bid Evaluation 2024-11-15 2024-12-01 4.00 20.00 Time & Material 24 $5,279.04 $0.00 $0.00 $5,279.04 5 Construction Services 2024-12-01 2026-09-29 Time & Material 668 $184,235.50 $2,200.00 $0.00 $186,435.50

5.01 Conformed Drawings 2024-12-01 2025-01-01 4.00 2.00 4.00 4.00 20.00 500.00 Time & Material 34 $8,496.99 $500.00 $0.00 $8,996.995.02 Pre-Bid Conference and Site Meetings 2025-01-01 2025-01-06 20.00 40.00 8.00 8.00 40.00 1,000.00 Time & Material 116 $32,188.42 $1,000.00 $0.00 $33,188.42

5.03 Review Submittals 2025-01-06 2026-07-31 60.00 40.00 40.00 60.00 Time & Material 200 $56,968.17 $0.00 $0.00 $56,968.17

5.04 Review RFIs 2025-01-06 2026-07-31 20.00 20.00 20.00 20.00 Time & Material 80 $23,160.47 $0.00 $0.00 $23,160.47

5.05 Assist in Change Orders 2025-01-06 2026-07-31 40.00 20.00 20.00 20.00 20.00 20.00 200.00 Time & Material 140 $38,988.62 $200.00 $0.00 $39,188.625.06 Prepare Record Drawings 2026-07-31 2026-09-29 8.00 2.00 40.00 8.00 40.00 500.00 Time & Material 98 $24,432.83 $500.00 $0.00 $24,932.83 FEE ESTIMATE - Madera WWTF Improvements Project
lt-----------+-1-----+-----+------+------+----+------+------+------+------+-----+------+-------+------+----------<I e---------1 --+---I --+---I---+------+----------+------ SCHEDULE OF BILLING RATES – 2024 (USD)
Billing
Level
Hourly
Rate Description
3 4
5 $128
$135
$152
Junior Level position
❑ Independently carries out assignments of limited scope using standard procedures, methods and techniques
❑ Assists senior staff in carrying out more advanced procedures ❑ Completed work is reviewed for feasibility and soundness of judgment ❑ Graduate from an appropriate post-secondary program or equivalent ❑ Generally, one to three years’ experience
6 7
8 $158
$172
$179
Fully Qualified Professional Position
❑ Carries out assignments requiring general familiarity within a broad field of the respective profession ❑ Makes decisions by using a combination of standard methods and techniques ❑ Actively participates in planning to ensure the achievement of objectives ❑ Works independently to interpret information and resolve difficulties ❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, three to six years’ experience
9 10
11 $187
$196
$210
First Level Supervisor or first complete Level of Specialization ❑ Provides applied professional knowledge and initiative in planning and coordinating work programs ❑ Adapts established guidelines as necessary to address unusual issues ❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgment
❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, five to nine years’ experience
12 13
14 $222
$231
$250
Highly Specialized Technical Professional or Supervisor of groups of professionals ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Participates in short and long range planning to ensure the achievement of objectives ❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures
❑ Reviews and evaluates technical work
❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, ten to fifteen years’ experience with extensive, broad experience 15 16
17 $263
$280
$289
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Provides multi-discipline knowledge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems for investigation ❑ Participates in discussions to ensure the achievement of program and/or project objectives ❑ Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects
❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, more than twelve years’ experience with extensive experience 18 19
20 21
$290
$300
$311
$330
Senior Level Management under review by Vice President or higher ❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Responsible for long range planning within a specific area of practice or region ❑ Makes decisions which are far reaching and limited only by objectives and policies of the organization ❑ Plans/approves projects requiring significant human resources or capital investment ❑ Graduate from an appropriate post-secondary program, with credentials or equivalent ❑ Generally, fifteen years’ experience with extensive professional and management experience Expert Witness Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rate. All labor rates will be subject to annual increase
T-3 2024
Stantec

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Consultant shall maintain limits no less than:
▪ $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
▪ $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. ▪ Worker's Compensation as required by the State of California and $1,000,000 Employer's Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
▪ $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

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

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

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

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

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

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

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

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City's Risk Manager.

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

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

Deliverables: Review and provide written electronic
responses (PDF) for up to 20 submittals and 5
resubmittals.

Deliverables: Respond in writing electronically to an up to 20 RFIs.

Deliverables: Respond in writing electronically to an
estimated three (3) change orders.

Deliverables: PDF and AutoCAD files of as-built record
drawings will be delivered to the City.

5. Key Personnel Resumes
Key personnel resumes are included in Part D of this
proposal.

EXHIBIT E

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

Explanation:

Signature
(name)
(address)

(city state zip)
 Additional page(s) attached.
□ □
□ □
□ □
□ □
□ □
□ □
01425.0005/944842.1

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: February 7, 2024
Agenda Number: D-4
Will Tackett, Community Development Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Indemnification and Cost Recovery Agreements for Commercial Cannabis Business (CCB) Permits RECOMMENDATION:

1. Adopt a Resolution approving the Indemnification and Cost Recovery Agreements between the City of Madera and Commercial Cannabis Business (CCB) Permit Recipients in accordance with Section 6-5.34 of the City Municipal Code (CMC).

SUMMARY:

On June 16, 2021, the City Council of the City of Madera (Council) adopted Ordinance No. 977 C.S. adding Chapter 5 to Title VI (Cannabis Businesses) to the City of Madera Municipal Code (CMC) to permit commercial cannabis businesses within the City of Madera (City) and establish a regulatory program requiring all commercial cannabis uses to obtain a commercial cannabis business permit issued by the City prior to commencing operation and engaging in cannabis business.

On December 13, 2023, at a special meeting of the City Council of the City of Madera (Council), the Council adopted Resolution No. 23-206 awarding six CCB Permits to Standard Retail or Microbusiness Applicants. Previously, on August 16, 2023, at a regular meeting of the Council, the Council adopted Resolution No. 23-146 awarding two CCB Permits to Social Equity Applicants.

Section 6-5.34 of the City’s Cannabis Business Permit Ordinance (“Ordinance”) requires that as a condition to the approval of any CCB Permit the Applicant shall be required certain conditions including executing an agreement to indemnify, defend, and hold harmless the City, maintain insurance, and reimburse the City for all costs and expenses, including legal fees and costs.

The attached Indemnification and Cost Recovery Agreements have been prepared in a form approved by the City Attorney and have been signed by all CCB Permit Recipients/Awardees. This 01425.0005/944842.1
item request Council approval of said Agreements for purposes of compliance with the requirements of the City Municipal Code.

FISCAL IMPACT:

The execution of the Agreements provides to the fullest extent permitted by law, protections for the City from any liability with respect to having issued a cannabis business permit. The Agreements include provisions requiring CCB Permittees to indemnify, defend (at applicant’s sole cost and expense), and hold the City of Madera, and its officers, officials, employees, representatives, and agents harmless from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of the cannabis business permit, the city's decision to approve the operation of the cannabis business or activity, the process used by the city in making its decision, or the alleged violation of any federal, state or local laws by the cannabis business or any of its officers, employees or agents.

There is no significant fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Resolution of the Council Approving Indemnification and Cost Recovery Agreements for Commercial Cannabis Business Permits; including,
Exhibit “A”: List of CCB Permit Recipients/Awardees
Exhibit “B”: Indemnification and Cost Recovery Agreements between the City of Madera and CCB Permit Applicants
Attachment 1
Resolution of the Council Approving Indemnification
and Cost Recovery Agreements for Commercial
Cannabis Business Permits; including,
Exhibit “A”: List of CCB Permit Recipients/Awardees
Exhibit “B”: Indemnification and Cost Recovery Agreements between the City of Madera and CCB Permit
Applicants
01425.0005/926536.1
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING

INDEMNIFICATION AND COST RECOVERY AGREEMENTS BETWEEN THE CITY OF

MADERA AND STANDARD RETAIL OR MICROBUSINESS AND SOCIAL EQUITY

COMMERCIAL CANNABIS BUSINESS PERMIT RECIPIENTS (APPLICANTS) WHEREAS, on June 16, 2021, the City Council of the City of Madera (Council) adopted Ordinance No. 977 C.S. adding Chapter 5 to Title VI (Cannabis Businesses) to the City of Madera Municipal Code (CMC) to permit commercial cannabis businesses within the City of Madera (City) and establish a regulatory program requiring all commercial cannabis uses to obtain a commercial cannabis business permit issued by the City prior to commencing operation and engaging in cannabis business.

WHEREAS, individual Applicants submitted applications to the City for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit; and WHEREAS, individual Applicants submitted applications to the City for one of two of a Social Equity CCB Permit; and
WHEREAS, On December 13, 2023, the City passed Resolution No. 23-206 (“Standard Retail & Microbusiness Resolution”), which awarded a CCB Permit to the six Applicants for Standard Retail or Microbusiness CCB Permits identified in Exhibit A; and WHEREAS, On August 16, 2023, the City passed Resolution No. 23-146 (“Resolution”), which awarded a CCB Permit to the two Applicant(s) for Social Equity CCB Permits identified in Exhibit A; and
WHEREAS, Section 6-5.34 of the City’s Cannabis Business Permit Ordinance (“Ordinance”) requires that as a condition to the approval of any CCB Permit the Applicant shall be required certain conditions including executing an agreement to indemnify, defend, and hold harmless the City, maintain insurance, and reimburse the City for all costs and expenses, including legal fees and costs (“Agreement”). Applicant is also required to comply with the following as a precondition to the award of the CCB Permit:

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement (“Indemnification Agreement”) with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification CCB Permit Indemnificaiton & Cost Recovery Agreement 2
Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in the City’s sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect; and
WHEREAS, the City has prepared the Indemnification and Cost Recovery Agreements attached as Exhibit B in a form approved by the City Attorney; and WHEREAS, Applicants now desire to comply with Section 6-5.34 of the Ordinance and the precondition identified above in the Ordinance, Resolution and Agreements, including to indemnify the City from any and all claims, legal actions, or appeals arising from the processing, approval, or denial of the CCB Permit applications.

WHEREAS, the City Council of the City of Madera desires to enter into Agreements between the City and Applicants to indemnify, defend, and hold harmless the City, maintain insurance, and reimburse the City for all costs and expenses, including legal fees and costs.

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 City Council approves the Agreements identified in Exhibit “B” with the parties identified therein and in Exhibit “A,” and authorizes the City Manager to execute said Agreements on behalf of the City. In doing so, the City Manager is authorized to make any needed nonmaterial revisions or errata corrections to the Agreements subject to approval as to legal form by the City Attorney.

3. The City and Applicants shall be subject to the terms and conditions as specified in the Agreement, after approval. The Application and any and all accompanying documents are incorporated in full as part of the Agreement. Any and all activities funded, information provided, and timelines represented in the Agreement will be enforceable through the fully executed Agreement.

4. This Resolution shall become effective immediately upon adoption. * * * * *
CCB Permit Indemnificaiton & Cost Recovery Agreement 3
Attachments:

Exhibit A: List of CCB Permit Recipients/Awardees
Exhibit B: Indemnification and Cost Recovery Agreements between the City of Madera and CCB Permit Applicants
01236.0105/944883.1
Exhibit A
(Standard Retail or Microbusiness CCB Permits, Applicant/Operator Awards) Applicant Entity: Doing Business As (DBA): Location (Address):

1. GBH Retail, LLC Cannable 313 E. Yosemite Avenue

2. Responsible and Compliant
Retail Madera, LLC
Embarc 530 E. Yosemite Avenue

3. Shryne Madera, LLC Stiiizy 1105 Country Club Drive

4. Madera Has Culture, Inc. Culture Cannabis Club 233 E. Yosemite Avenue

5. Mainstream Madera, LLC Mainstream 300 E. Yosemite Avenue

6. Lavish West Coast Madera, LLC Lavish 520 N. Gateway Drive (Social Equity CCB Permits, Applicant/Operator Awards)
Applicant Entity: Doing Business As (DBA): Location (Address):

1. Nebrina Madera, LLC Nebrina 123 N. D Street

2. California Cannoisseur, LLC California Cannoisseur 100 S. E Street Exhibit “B”
Indemnification and Cost Recovery Agreements between the City of Madera and CCB Permit Applicants
GBH Retail, LLC (Cannable)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on ___________ , 2024, between the City of Madera, a municipal corporation, ("the City") and, GBH Retail, LLC, a California limited liability company dba Cannable ("Applicant" or "Covenantor"), pursuant to the following recitals, which are a substantive part of this Agreement. City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

RECITALS
A. On June 16, 2021, the City Council of the City of Madera (Council) adopted Ordinance No. 977 C.S. adding Chapter 5 to Title VI (Cannabis Businesses) to the City of Madera Municipal Code (CMC) to permit commercial cannabis businesses within the City of Madera (City) and establish a regulatory program requiring all commercial cannabis uses to obtain a commercial cannabis business permit issued by the City prior to commencing operation and engaging in cannabis business.

B. Applicant submitted to the City an application for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit.

C. On December 13, 2023, the City passed Resolution No. 23-206 ("Resolution"), which awarded a CCB Permit to the Applicant.

D. Section 6-5.34 of the City's Cannabis Business Permit Ordinance ("Ordinance") requires that as a condition to the approval of any CCB Permit the Applicant shall be required certain conditions including executing an agreement to indemnify, defend, and hold harmless the City, maintain insurance, and reimburse the City for all costs and expenses, including legal fees and costs. Applicant is also required to comply with the following as a precondition to the award of the CCB Permit:

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in 01425.0005/946287.1
the City's sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

D. Applicant now desires to comply with Section 6-5.34 of the Ordinance and the precondition identified above in the Resolution, including to indemnify the City from any and all claims, legal actions, or appeals arising from the processing, approval, or denial of the CCB Permit applications.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises and covenants made by the Parties and contained herein and other consideration (including the granting of entitlement(s)), the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

1. Indemnification.

1.1 Third Party Actions. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third Party Action (as hereinafter defined).

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; (4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; (5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; (6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negiigent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers ("City Indemnitees") from any and all loss, liability, 01425.0005/946287.1
fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal expenses incurred by the City Indemnitee or held to be the liability of the City Indemnitee (including plaintiff's or petitioner's attorney's fees if awarded, in connection with the City Indemnitee's defense of its actions in any proceeding) (collectively, "Losses") incurred by any City Indemnitees from any and all claims, demands and actions in law or equity (collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Agreement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

If Applicant should subcontract all or any portion of the work to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend the City Indemnitees in accordance with the terms of this Section 1.2. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in the two prior paragraphs of this Section, be required to indemnify, hold harmless and defend the City Indemnitees to the fullest extent allowed by law, from any and all Claims and Loses that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

1.3 Damage laims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

1.1 and 1.2 shall be governed by this Section 1.3. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Applicant, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Applicant or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of any operations related to the CCB Permit or cannabis operations). Applicant's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, consultants, attorneys, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. 01425.0005/946287.1
If Applicant should subcontract all or any portion of the services to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers in accordance with the terms of the preceding paragraph. The Applicant further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Applicant, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, consultants, attorneys, agents or authorized volunteers.

Notwithstanding the preceding paragraph, to the extent that Subcontractor is a "design professional" as defined in section 2782.8 of the California Civil Code and performing work hereunder as a "design professional" shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, consultants, attorneys, agents or volunteers in the performance of this Agreement.

2. Reimbursements to the ity.

In the event the City receives a claim under the Government Claims Act, or is subject to a Third Party Action defined in Section 1.1, claims or actions as set forth in Section 1.2, or claims as set forth in Section 1.3, or is otherwise required to pay legal fees and costs and court costs as a result of any legal challenge related to the approval of the Applicant's CCB permit, the process associated therewith, or the City's approval of the cannabis activity, then Applicant shall reimburse the City for all costs and expenses associated with the same. Upon demand from the City, within fifteen (15) days Applicant shall make an initial deposit of$10,000 to the City, which shall be used as a draw down account to reimburse the City for all of its costs and expenses contemplated herein.

The City may request that the draw down account be replenished by the Applicant at any time, and the Applicant shall do so within fifteen (15) days. The City shall provide Applicant with an invoice detailing all costs incurred by the City. Applicant shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant shall contact the City within a reasonable time to arrange any extension of the thirty (30) day time period for payment-in-full of the invoiced amount. Applicant further acknowledges and agrees, failure to timely tender payment-in-full to the City shall be considered a breach and noncompliance with this Agreement and the requirements of the City's Ordinance. Applicant shall also be required, upon request of the City, to deposit two month's estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. Any amount not used at the conclusion of the defense of any associated legal challenges shall be returned by the City to the Applicant.
01425.0005/946287 .1

3. Cooperation in the • vent of Challenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such 10-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation.

Applicant shall control the conduct of the defense of any claim or action, provided that: (1) the City shall have the right to review and approve prior to filing any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief to be filed on behalf of the City; and (2) the City shall review and approve any proposed settlement. Nothing in the Agreement shall obligate the City to approve a proposed settlement requiring the City to pay or incur any monetary amount. Nothing in this Agreement shall require the City to approve a proposed settlement agreement requiring the City to take a future legislative action, render a future quasi-judicial decision, or otherwise take a future discretionary government action. Finally, notwithstanding any other provision of this Agreement, the City may require Applicant to pay the City's attorneys' fees and costs in defending against or participating in such claim, action or proceeding if the City shall decide, in its exercise of its sole judgment, it is unsatisfied with the representation of its interest by Applicant or its counsel.

4. Insurance. From the commencement of any operations furtherance of the CCB Permit or any other cannabis operation within the City's jurisdiction (the "Insurance Period"), Applicant, shall obtain and pay for and maintain in full force and effect all policies of comprehensive commercial general liability insurance described in this section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide. Said amount shall be not less than as established by an subsequent land use entitlement in furtherance of the CCB Permit, and in no circumstances less that the minimum following policies of insurance:

A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $2,000,000.00 per occurrence for bodily injury and property damage, $1,000,000.00 per occurrence for personal injury, $2,000,000.00 general aggregate and $2,000,000.00 aggregate for products and completed operations and $2,000,000.00 general aggregate. 01425.0005/946287.1
B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

In the event Applicant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits oflnsurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).

Applicant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Applicant shall also be responsible for payment of any self-insured retentions.

The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Applicant shall provide a new certificate evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Applicant shall file with City a new certificate and all applicable endorsements for such policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees, consultants, attorneys, and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Applicant's insurance shall be primary and no contribution shall be required of City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees, consultants, attorneys, and volunteers. Applicant shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Applicant shall furnish City with copies of the actual policies upon the request of City's City Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

If Applicant should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Applicant shall require the general contractor to provide insurance protection in favor of City, its officers, officials, employees, consultants, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor's certificates and endorsements shall be on file with Applicant and City prior to the commencement of any work by the general contractor.

5. No Duty of City. Applicant acknowledges and agrees that the Project is a private development, the City has no interest in or responsibility for or duty to third persons concerning the Project. Applicant shall have full power over the exclusive control of the Project and Property herein described subject only to the limitations and obligations of Applicant under this Agreement and federal, state, and local laws. Applicant further acknowledges and agrees to hold harmless the City and its elected and appointed representatives, officers, agents and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Applicant's operations under this Agreement excepting suits and actions brought by Applicant and arising from the gross negligence or willful misconduct of the City to the extent, if any, that such gross negligence or willful misconduct has contributed to such damage.

6. Third Party Action. The defense and indemnification obligations created by this Agreement shall apply to any claims or legal action by third parties arising out of or relating to the City's processing of, approval or denial, or any action/inaction regarding the applications for CCB Permits or operation thereunder.

7. Release of Cl im : Applicant hereby releases, waives, and relinquish all claims, causes of action, liability, or damages against City arising out of or in any way in connection with the processing and award of the CCB Permit or operation thereunder.

8. Te1minati n. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

9. Notices. All notices to either party under this Agreement shall be deemed valid and effective when personally served upon the party or upon deposit in the United States mail, postage prepaid, by certified and/or registered mail, addressed as follows:

City:

Applicant:
01425.0005/946287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
GBH Retail, LLC
Attention: Philip Fagundes, Manager
9225 S. Milton Ave.

Parlier, CA 93648

10. Enforcement Action. In the event it becomes necessary for the City to take any action against the Applicant to enforce or interpret the terms of this Agreement, the City shall be entitled to its reasonable attorneys' fees and costs, including all costs of investigation, and all pre-litigation costs.

11. Agreement N t Debt r iability of the ity. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, as provided in Section 53314.9(b) of the California Government Code. Further, Applicant agrees that no member of the City Council or officer, attorney, employee, or agent of the City shall to any extent be personally liable hereunder.

12. Attorneys' Fees. If any legal action is brought by either party to interpret or enforce any terms or provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees.

13. Entire Ali,rreement. This Agreement constitutes the entire agreement of the parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both parties.

14. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

15. Severability. If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired, or invalidated.

16. Su cessors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, successors, and assigns. Nothing in this Agreement shall alter the requirement to comply with Section 6-5.28 of the Ordinance regarding transfers of Cannabis business permits.

17. Jurisdiction. This Agreement shall be administered, governed, and interpreted under the laws of the State of California, without regard to its choice oflaw rules. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of Madera, State of California. 01425.0005/946287.1

18. Limitation of L gal Act . In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, the terms of the CCB Permit, or any operations thereunder, it being expressly understood and agreed that the Applicant's sole legal remedy for a breach or violation of the same by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, the terms of the CCB Permit, or the law.

19. Interpretation. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates.

The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if all of the Parties have prepared the same. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply interpreting this Agreement.

20. Third Party Beneficiarjes. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

21. Authority. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (Ill) the party has full corporate, partnership, trust, association , or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person(and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

22. ounterparts. This Agreement may be executed in counterparts, and copies of this Agreement shall be deemed originals. Further, a signature received by facsimile or e-mail (in PDF form) is as binding as an original signature.

23. Kn wing and Yoluntru:y Agreem nt. The Parties to this Agreement acknowledge and agree that each of them has had a full and fair opportunity to carefully read and review the terms and provisions of this Agreement and consult with their own attorney concerning the meaning and effect of this Agreement. By executing this Agreement, each of the Parties hereto represents, acknowledges, and agrees that such Party carefully read and fully understands all the provisions of this Agreement, and that they are knowingly and voluntarily entering into this Agreement and signing it of their own free will.
[Signatures on next page]
01425.0005/946287 .1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

CITY OF MADERA,
a municipal corporation
By: ____________ _
Arnoldo Rodriguez, City Manager
Dated: _______ , 2024
ATTEST:

By: ----------
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

By: ____________ _
Shannon Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
GBH Retail, LLC
By: tJf;// + •4
Printed Name: Philip Fagundes
Title: Manager
Dated: January 9, 2024
*
* Attach Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Fresno
on January 9, 2024 before me, V. R. Miller, Notary Public, ---- ------- (insert name and title of the officer) personally appeared Philip Fagundes ,
who proved to me on the basis of satisfactory evidence to be the personW°whose name~re subscribed to the within instrument and acknowledged to me tha~she/they executed the same in @ !her/their authorized capacity~and that b'tffis].t,er/their signature(s) on the instrument the persolJ.(-8'(.'or the entity upon behalf ·of which the perso.P(-sfacted, executed the instrument.

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

V. R. MILLER
WITNESS my hand and official seal. Notary Public - Cahforma ,.

Fresno County ~
Comm1ss1on ~ 2382225
y Comm. Expires Nov 8, 2025
Signature (Seal)
Responsible and Compliant Retail Madera, LLC (Embarc)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement.,) is made and entered into on • \Ati-.f 2024, between the City of Madera, a municipal corporation, ("the C1 ') and, Responsible and Compliant Retail Madera LLC. (dba Embarc Madera), ("Applicant" or "Covenantor''), pursuant to the following recitals, which are a substantive part of this Agreement. City and Applicant are sometimes individually referred to as a "Party" and jointly as the ''Parties."

B. Applicant submitted to the City an application for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit.

C. On December 13, 2023, the City passed Resolution No. 23-206 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the 01425.0005/946287.1
(unawarded) CCB Pennit, and the CCB Permit may awarded to another in the City's sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

AGREEMENT
NOW, TIIEREFORE, in consideration of the foregoing recitals, the mutual promises and covenants made by the Parties and contained herein and other consideration (including the granting of entitlement(s)), the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
l. Indemnification.

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; ( 4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; ( 5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; ( 6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, 01425.0005/948287.1
consultants, attorneys, agents and volunteers ("City Indemnitees") from any and all loss, liability, fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal expenses incurred by the City Indemnitee or held to be the liability of the City Indemnitee (including plaintiffs or petitioner's attorney's fees if awarded, in connection with the City Indemnitee's defense of its actions in any proceeding) (collectively, "Losses") incurred by any City Indemnitees from any and all claims, demands and actions in law or equity (collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Ag,:eement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

1.1 and 1.2 shall be governed by this Section 1.3. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Applicant, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Applicant or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of any operations related to the CCB Permit or cannabis operations). Applicant's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, consultants, attorneys, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. 01425.0005/948287.1
If Applicant should subcontract all or any portion of the services to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers in accordance with the terms of the preceding paragraph. The Applicant further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Applicant, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, consultants, attorneys, agents or authorized volunteers.

Notwithstanding the preceding paragraph, to the extent that Subcontractor is a "design professional" as defined in section 2782.8 of the California Civil Code and performing work hereunder as a "design professional" shall, in lieu of the preceding paragraph, be required to indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages ( whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, consultants, attorneys, agents or volunteers in the performance of this Agreement.

2. Reimbursements to the City.

3. Cooperation in the Event of Challenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such 10-worlcing day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation.

A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $2,000,000.00 per occurrence for bodily injury and property damage, $1,000,000.00 per occurrence for personal injury, $2,000,000.00 general aggregate and $2,000,000.00 aggregate for products and completed operations and $2,000,000.00 general aggregate. 01425.0005/948287.1
B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned. hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimwn limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

In the event Applicant purchases an Umbrella or Excess insurance policy(ies) to meet the ''Minimwn Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).

If at any time during the Insurance Period. Applicant fails to maintain the required insurance in full force and effect, the City Manager, or his/her designee, may order that the Applicant, or its contractors or subcontractors, immediately discontinue any further work or operations under the CCB Permit and take all necessary actions to secure any work site to insure that public health and safety is protected until notice is received by City that the required insurance has been restored to 01425.0005/948287 .1
full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section 3 are material terms of this Agreement.

6. Third Party Action. The defense and indemnification obligations created by this Agreement shall apply to any claims or legal action by third parties arising out of or relating to the City's processing of, approva1 or denial, or any action/inaction regarding the applications for CCB Permits or operation thereunder.

7. Release of Claims: Applicant hereby releases, waives, and relinquish all claims, causes of action, liability, or damages against City arising out of or in any way in connection with the processing and award of the CCB Permit or operation thereunder.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

City:

Applicant:
01425.0005/948287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
Responsible and Compliant Retail Madera LLC
Attention: Lauren Carpenter
1616 Webster Street
Alameda, CA 94501

11. Agreement Not Debt or Liability of the City. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, as provided in Section 53314.9(b) of the California Government Code. Further, Applicant agrees that no member of the City Council or officer, attorney, employee, or agent of the City shall to any extent be personally liable hereunder.

13. Ehtire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both parties.

16. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, successors, and assigns. Nothing in this Agreement shall alter the requirement to comply with Section 6-5.28 of the Ordinance regarding transfers of Cannabis business permits.

17. Jurisdiction. This Agreement shall be administered, governed, and interpreted under the laws of the State of California, without regard to its choice of law rules. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of Madera, State of California. 01425.0005/946287 .1

18. Limitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, the terms of the CCB Permit, or any operations thereunder, it being expressly understood and agreed that the Applicant's sole legal remedy for a breach or violation of the same by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, the terms of the CCB Permit, or the law.

20. No Third Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

21. Authority. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (III) the party has full corporate, partnership, trust, association , or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person(and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

23. Knowing and Voluntary Agreement. The Parties to this Agreement acknowledge and agree that each of them has had a full and fair opportunity to carefully read and review the terms and provisions of this Agreement and consult with their own attorney concerning the meaning and effect of this Agreement. By executing this Agreement, each of the Parties hereto represents, acknowledges, and agrees that such Party carefully read and fully understands all the provisions of this Agreement, and that they are knowingly and voluntarily entering into this Agreement and signing it of their own free will.
[Signatures on next page]
01425.0005/946287.1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

CITY OF MADERA,
a municipal corporation
By: - - - --------- Arnoldo Rodriguez, City Manager
Dated: ___ _ _ ____,, 2024
ATTEST:

By: - ---------
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

By: ____ ______ _ _
Shannon Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
*By: ~ '
Printed Name: Lauren Carpenter
Title: Owner and Manager
Dated: J&W\\JVJ\~ \ \ , 2024
*By: ____________ _
Printed Name: - --------
Title: ------------
Dated: ______ , 2024
* Attach Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity
NOTARY

CERTIFICATE(S)

ATTACHED

CALIFORNIA ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
}
On 6\/ (\ I ?o2Y before me, 12.:\.jC\.~ ~ 1~.;J~2eand,~l•or~~L( 'l)._i\:)\,r2- personally appeared l0,\J'(«\A. N€.42~ Co..,cy..e..v\M L who 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.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
seal.
(Notary Public Seal)

INSTRUCTIONS FOR COMPLETING THIS FORM
ONAL OPTIONAL INFORMATION Tlrisform complies wilh current California stah1/es regarding nota,y wording and, E CRIPTION OF THE ATTACHED DOCUMENT if 11eeded, should be completed and a/lached to the document. Acknowledgments from other stales may be completed for documents being sent to that slate so long as the wording does 1101 require /he California nota1:v to violate California no/a,y law
(Title or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed.

Number of Pages lL Document Date 01 / t I J 1, l-'-1 • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public).

Individual (s)
□ Corporate Officer
(Title)
□ Partner(s)
□ Attorney-in-Fact
□ Trustee(s)
0 Other _________ _
2015 Version www NotaryClasses.com 800-873-9865
• Print the name(s) of document signer(s) who personally appear at the lime of notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible.

Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk.
❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple Shryne Madera, LLC (Stiiizy)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on , 2024, between the City of Madera, a municipal corporation, ("the City") and, Shryne Madera, LLC. (dba Stiiizy Madera), ("Applicant" or "Covenantor"), pursuant to the following recitals, which are a substantive part of this Agreement.

City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

B. Applicant submitted to the City an application for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit.

C. On December 13, 2023, the City passed Resolution No. 23-206 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in 01425.0005/946287.1
the City's sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

1. Indemnification.

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; (4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; (5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; ( 6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers ("City Indemnitees") from any and all loss, liability, 01425.0005/946287.1
fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal expenses incurred by the City Indemnitee or held to be the liability of the City Indemnitee (including plaintiff's or petitioner's attorney's fees if awarded, in connection with the City Indemnitee's defense of its actions in any proceeding) ( collectively, "Losses") incurred by any City Indemnitees from any and all claims, demands and actions in law or equity (collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Agreement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

1.1 and 1.2 shall be governed by this Section 1.3. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Applicant, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Applicant or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of any operations related to the CCB Permit or cannabis operations). Applicant's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, consultants, attorneys, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. 01425. 0005/946287 .1
If Applicant should subcontract all or any portion of the services to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers in accordance with the terms of the preceding paragraph. The Applicant further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Applicant, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, consultants, attorneys, agents or authorized volunteers.

2. Reimbursements to the City.

In the event the City receives a claim under the Government Claims Act, or is subject to a Third Party Action defined in Section 1.1, claims or actions as set forth in Section 1.2, or claims as set forth in Section 1.3, or is otherwise required to pay legal fees and costs and court costs as a result of any legal challenge related to the approval of the Applicant's CCB permit, the process associated therewith, or the City's approval of the cannabis activity, then Applicant shall reimburse the City for all costs and expenses associated with the same. Upon demand from the City, within fifteen (15) days Applicant shall make an initial deposit of $10,000 to the City, which shall be used as a draw down account to reimburse the City for all of its costs and expenses contemplated herein.

3. ooperntion in the Event of haUenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such 10-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation.

Applicant shall control the conduct of the defense of any claim or action, provided that: ( 1) the City shall have the right to review and approve prior to filing any and all pleadings or related documents filed with the court in connection with such defense and Applicant shall reimburse the City for review time for each draft brief to be filed on behalf of the City; and (2) the City shall review and approve any proposed settlement. Nothing in the Agreement shall obligate the City to approve a proposed settlement requiring the City to pay or incur any monetary amount. Nothing in this Agreement shall require the City to approve a proposed settlement agreement requiring the City to take a future legislative action, render a future quasi-judicial decision, or otherwise take a future discretionary government action. Finally, notwithstanding any other provision of this Agreement, the City may require Applicant to pay the City's attorneys' fees and costs in defending against or participating in such claim, action or proceeding if the City shall decide, in its exercise of its sole judgment, it is unsatisfied with the representation of its interest by Applicant or its counsel.

4. f nsuran e. From the commencement of any operations furtherance of the CCB Permit or any other cannabis operation within the City's jurisdiction (the "Insurance Period"), Applicant, shall obtain and pay for and maintain in full force and effect all policies of comprehensive commercial general liability insurance described in this section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide. Said amount shall be not less than as established by an subsequent land use entitlement in furtherance of the CCB Permit, and in no circumstances less that the minimum following policies of insurance:

A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $2,000,000.00 per occurrence for bodily injury and property damage, $1,000,000.00 per occurrence for personal injury, $2,000,000.00 general aggregate and $2,000,000.00 aggregate for products and completed operations and $2,000,000.00 general aggregate. 01425.0005/946287.1
B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of City of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a ten (10) calendar day written notice of such cancellation of coverage. In the event any policies are due to expire during the term of this Agreement, Applicant shall provide a new certificate evidencing renewal of such policy not less than fifteen (I 5) calendar days prior to the expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, Applicant shall file with City a new certificate and all applicable endorsements for such policy(ies).

5. o Duty of ity. Applicant acknowledges and agrees that the Project is a private development, the City has no interest in or responsibility for or duty to third persons concerning the Project. Applicant shall have full power over the exclusive control of the Project and Property herein described subject only to the limitations and obligations of Applicant under this Agreement and federal, state, and local laws. Applicant further acknowledges and agrees to hold harmless the City and its elected and appointed representatives, officers, agents and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Applicant's operations under this Agreement excepting suits and actions brought by Applicant and arising from the gross negligence or willful misconduct of the City to the extent, if any, that such gross negligence or willful misconduct has contributed to such damage.

6. Third Parly Action. The defense and indemnification obligations created by this Agreement shall apply to any claims or legal action by third parties arising out of or relating to the City's processing of, approval or denial, or any action/inaction regarding the applications for CCB Permits or operation thereunder.

7. Rel as of laims: Applicant hereby releases, waives, and relinquish all claims, causes of action, liability, or damages against City arising out of or in any way in connection with the processing and award of the CCB Permit or operation thereunder.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

9. oticcs. All notices to either party under this Agreement shall be deemed valid and effective when personally served upon the party or upon deposit in the United States mail, postage prepaid, by certified and/or registered mail, addressed as follows:

City:

Applicant:
01425.0005/946287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
Shryne Madera, LLC
Attention: Tak Sato
2001 South Alameda Street
Los Angeles, CA 90058

11. Agreement Not Debt or Liability f the ity. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, as provided in Section 533 l 4.9(b) of the California Government Code. Further, Applicant agrees that no member of the City Council or officer, attorney, employee, or agent of the City shall to any extent be personally liable hereunder.

12. Attorney Fe s. If any legal action is brought by either party to interpret or enforce any terms or provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees.

13. "rtlire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both parties.

15. Severahi l ily. If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shal I remain in full force and effect and shall not be affected, impaired, or invalidated.

16. ucces ors and Assign . This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, successors, and assigns. Nothing in this Agreement shall alter the requirement to comply with Section 6-5.28 of the Ordinance regarding transfers of Cannabis business permits.

17. Juri diction. This Agreement shall be administered, governed, and interpreted under the laws of the State of California, without regard to its choice of law rules. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of Madera, State of California. 01425.0005/946287 .1

18. imitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, the terms of the CCB Permit, or any operations thereunder, it being expressly understood and agreed that the Applicant's sole legal remedy for a breach or violation of the same by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, the terms of the CCB Permit, or the law.

19. J nterpretation. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates.

20. o Third Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

21. Authority. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (111) the party has full corporate, partnership, trust, association , or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person(and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

22. oun1erparls. This Agreement may be executed in counterparts, and copies of this Agreement shall be deemed originals. Further, a signature received by facsimile or e-mail (in PDF form) is as binding as an original signature.

CITY OF MADERA,
a municipal corporation
By: ------------- Amo Id o Rodriguez, City Manager
Dated: ______ , 2024
ATTEST:

By: - ---------
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

By:
------------- Sh an non Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
*By: ___ {h_~'=-"-./ _____ _ .....

Printed Name: Tak Sato
Title: Co-Owner/ President
Dated: /- J , 2024
*By: _____________ _
Printed Name: ---------
Title: ------------
Dated: , 2024 -----~
* Attach Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
~~~981!l18iJWII J '8l8llJ
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of los Arfje.Jt5 }
On JMuw-u 'l, 'UY2.'-1 before me, 7J'ott"- ·CIIM\•'
\ Date Here Insert Name and Title o
personally appeared -----------~- .tA-_k,, __ s-a ..... £o~------------ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/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.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: ___ _____ _ ____________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____ ________ _ Signer's Name: ____________ _ □ Corporate Officer - Title(s): ____ __ _ □ Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other:

Signer is Representing: _ _____ ___ _ Signer is Representing: _________ _ ©2019 National Notary Association
kc I
Madera Has Culture, Inc. (Culture Cannabis Club)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on J DY\ vn '!'.1 9'- J.e, JV\ , 2024, between the City of Madera, a municipal corporation, ("the City") and, Madera Has Culture, Inc. ( dba Culture Cannabis Club), (" Applicant" or "Covenantor"), pursuant to the following recitals, which are a substantive part of this Agreement. City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

B. Applicant submitted to the City an application for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit.

C. On December 13, 2023, the City passed Resolution No. 23-206 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the 01425.0005/946287.1
(unawarded) CCB Permit, and the CCB Permit may awarded to another in the City's sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

1. Indemnification.

1.1 Third Party Actions. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each ofits officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third Party Action (as hereinafter defined).

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (I) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; (4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; (5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; (6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its· officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, 01425.0005/946287.1
consultants, attorneys, agents and volunteers ("City lndemnitees") from any and all loss, liability, fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal expenses incurred by the City Indemnitee or held to be the liability of the City Indemnitee (including plaintiffs or petitioner's attorney's fees if awarded, in connection with the City lndemnitee' s defense of its actions in any proceeding) (collectively, "Losses") incurred by any City Indemnitees from any and all claims, demands and actions in law or equity (collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Agreement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

If Applicant should subcontract all or any portion of the work to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend the City Indemnitees in accordance with the terms ofthis Section 1.2. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in the two prior paragraphs of this Section, be required to indemnify, hold harmless and defend the City Indemnitees to the fullest extent allowed by law, from any and all Claims and Loses that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

1.1 and 1.2 shall be governed by this Section 1.3. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Applicant, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done ]?y Applicant or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of any operations related to the CCB Permit or cannabis operations). Applicant's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, consultants, attorneys, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. 01425.0005/946287.1
If Applicant should subcontract all or any portion of the services to be perfonned under this Agreement, Applicant shall require each subcontractor to indemnify, hold hannless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers in accordance with the tenns of the preceding paragraph. The Applicant further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Applicant, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, consultants, attorneys, agents or authorized volunteers.

Notwithstanding the preceding paragraph, to the extent that Subcontractor is a "design professional" as defined in section 2782.8 of the California Civil Code and performing work hereunder as a "design professional" shall, in lieu of the preceding paragraph, be required to indemnify, hold hannless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers to the furthest extent allowed by law, from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in Agreement, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, consultants, attorneys, agents or volunteers in the performance of this Agreement.

2. Reimbursements to the City.

3. Cooperation in the Event of Challenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such IO-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attomey(s) in the defense of City in any claim, demand, action, proceeding or litigation.

A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement), with limits of liability of not less than $2,000,000.00 per occurrence for bodily injury and property damage, $1,000,000.00 per occurrence for personal injury, $2,000,000.00 general aggregate and $2,000,000.00 aggregate for products and completed operations and $2,000,000.00 general aggregate. 01425.0005/946287.1
B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code I B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees, consultants, attorneys, and volunteers as an additional insured. Such policy(ies) ofinsurance shall be endorsed so Applicant's insurance shall be primary and no contribution shall be required of City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees, consultants, attorneys, and volunteers. Applicant shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Applicant shall furnish City with copies of the actual policies upon the request of City's City Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

7. Release of laims: Applicant hereby releases, waives, and relinquish all claims, causes of action, liability, or damages against City arising out of or in any way in connection with the processing and award of the CCB Permit or operation thereunder.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

City:

Applicant:
01425.0005/946287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
Madera Has Culture, Inc.

Attention: Devon Julian
1 Corporate Park Suite 112
Irvine, CA 92606

13. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both parties.

20. No Third Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. 21 . Authority. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (III) the party has full corporate, partnership, trust, association, or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person(and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

22. Counterparts. This Agreement may be executed in counterparts, and copies of this Agreement shall be deemed originals. Further, a signature received by facsimile or e-mail (in PDF form) is as binding as an original signature.
23 . Knowing and Voluntary Agreement. The Parties to this Agreement acknowledge and agree that each of them has had a full and fair opportunity to carefully read and review the terms and provisions of this Agreement and consult with their own attorney concerning the meaning and effect of this Agreement. By executing this Agreement, each of the Parties hereto represents, acknowledges, and agrees that such Party carefully read and fully understands all the provisions of this Agreement, and that they are knowingly and voluntarily entering into this Agreement and signing it of their own free will.
[Signatures on next page]
01425.0005/946287.1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

CITY OF MADERA,
a municipal corporation
By: ------------
Arnoldo Rodriguez, City Manager
Dated: . 2024 - -----
ATTEST:

By: _______ _
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

By:------------ Shannon Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
*By r;v;y-: -
Printed Name: Devon Julian
Title: Chief Executive Officer
*By: ____________ _
Printed Name: ---------
Title: ------------
Dated: -- 2024 ---~
* Attach Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity

State of California
County of 0-1' t.'vi f L-~ ___ _,
On ~l\l{'o./j 9-~ ?.o~ '1 before me.c._.l 1.1 i>!'"r, Si/1k1ew, <-l. , 1-J:,,(..e,'J fc/61.lc (insert name and title of the office )
personally appeared fJe u, ~ J '-1 I I ~ who 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.

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

WITNESS my hand and official seal.

I a· a JUSTIN SINKIEWICZ I ~ -· COMM. #2354431
U a; NOTARY PUBUC~ALIFMIIU !l
rn SM DEGO COUNTY n
u MvCemmlssl?n&Qirel .. I APAl&.11. ~25 I
l C
(Seal)
Mainstream Madera, LLC (Mainstream)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on iJc<n IA.lli.rg; /,2 t..b , 2024, between the City of Madera, a municipal corporation, ("the City") and, Mainstream Madera, LLC., ("Applicant" or "Covenantor''), pursuant to the following recitals, which are a substantive part of this Agreement. City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

B. Applicant submitted to the City an application for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit.

C. On December 13, 2023, the City passed Resolution No. 23-206 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in 01425.0005/946287.1
the City's sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

1. Indemnification.

1.1 Third Party Actions. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each ofits officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, damages and costs (including attorney's fees, litigation expenses and administrative record preparation costs) arising from, resulting from, or in connection with any Third Party Action (as hereinafter defined).

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; (4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; (5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; (6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

2. Reimbursements to the City.

In the event the City receives a claim under the Government Claims Act, or is subject to a Third Party Action defined in Section 1. 1, claims or actions as set forth in Section 1.2, or claims as set forth in Section 1.3, or is otherwise required to pay legal fees and costs and court costs as a result of any legal challenge related to the approval of the Applicant's CCB permit, the process associated therewith, or the City's approval of the cannabis activity, then Applicant shall reimburse the City for all costs and expenses associated with the same. Upon demand from the City, within fifteen (15) days Applicant shall make an initial deposit of $10,000 to the City, which shall be used as a draw down account to reimburse the City for all of its costs and expenses contemplated herein.

3. Cooperationin the Event of Challenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such IO-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

In the event Applicant purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees, consultants, attorneys, and volunteers as an additional insured. Such policy(ies) ofinsurance shall be endorsed so Applicant's insurance shall be primary and no contribution shall be required of City. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, agents, employees, consultants, attorneys, and volunteers. Applicant shall have furnished City with the certificate(s) and applicable endorsements for all required insurance prior to start of construction of any phase of development. Applicant shall furnish City with copies of the actual policies upon the request of City's City Manager at any time during the life of the Agreement or any extension, and this requirement shall survive termination or expiration of this Agreement.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

City:

Applicant:
01425.0005/946287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
Mainstream Madera, LLC
Attention: Rico Saldivar
300 East Yosemite Avenue
Madera, CA 93638

11. Agreement Not Debt or Ljability of the City. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, as provided in Section 53314.9(b) of the California Government Code. Further, Applicant agrees that no member of the City Council or officer, attorney, employee, or agent of the City shall to any extent be personally liable hereunder.

20. No Third Party Beneficiari es. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. 21 . Authori ty. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (III) the party has full corporate, partnership, trust, association , or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person(and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

CITY OF MADERA,
a municipal corporation
By:------------ Arnoldo Rodriguez, City Manager
Dated: ___ __ _____,
ATTEST:

By: _ _____ ___ _
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:
2024
By:------------
Shannon Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
•By j@RJ(i?~
Printed Name: Rico Saldivar
Title: Chief Executive Officer
Dated: ; / ;:;i. /
I I
, 2024
*By: _ ___________ _
Printed Name: ---------
Title: ------------
Dated: _____ _____, 2024
* Attach • Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity

State of Calif~ n
County of ~ <'.S V\,l 1
On - '--+- \ 1-'--- 2-_\ ~_ >2.. _ i-4-- before me, Nl_qq,(fh.nn.c;.s /Jb-pt ~ pob/,c (insert name and title of the officer)
personally appeared \ c., 0 a\ d l I/ a v ,
who proved to me on the basis of satisfactory evidence to be th rson(s} whose name 1 /are b 'bed to the within instrume~t a d acknowrled to me t at h heffhey execute e same in 11',eir authorized capacity(ie , and that b is her/their sig ure(~ on the instrument the p fs ), or the entity upon beh If of which the ops) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . ' '
WITNESS my hand and official seal.

SlgnatulfV\,¢vvtA)~
i•·······••=••••<=·•··••=••···
~.
""' , MARIA THOMAS
NOTARY PU8LIC • CALIFORNIA f
g COMMISSION # 2371944 ~ " FRESNO COUNTY
My Comm, Exp. Seplember 19, 2026
(Seal)
Lavish West Coast Madera, LLC (Lavish)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on -::-~11v ~C y I/ fl-\ , 2024, between the City of Madera, a municipal corporation, ("the ity") and, Lavish West Coast Madera (dba Lavish), ("Applicant" or "Covenantor"), pursuant to the following recitals, which are a substantive part of this Agreement.

City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

B. Applicant submitted to the City an application for one of six of a Standard Retail or Microbusiness Commercial Cannabis Business (CCB) Permit.

C. On December 13, 2023, the City passed Resolution No. 23-206 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Within 30 days of the adoption of this Resolution, each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no intere in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in 01425.0005/946287 .1
the City's sole discretion and without any further action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

1. Indemnification.

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; (4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; (5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; ( 6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers ("City Indemnitees") from any and all loss, liability, 01425.0005/946287.1
fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal expenses incurred by the City Indemnitee or held to be the liability of the City Indemnitee (including plaintiffs or petitioner's attorney's fees if awarded, in connection with the City Indemnitee's defense of its actions in any proceeding) (collectively, "Losses") incurred by any City lndemnitees from any and all claims, demands and actions in law or equity ( collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Agreement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

1.1 and 1.2 shall be governed by this Section ~.3. To the furthest extent allowed by law, Applicant shall indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Applicant, or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Agreement or the performance of any or all work to be done by Applicant or its contractors, agents, successors and assigns pursuant to this Agreement (including, but not limited to design, construction and/or ongoing operation and maintenance of any operations related to the CCB Permit or cannabis operations). Applicant's obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, consultants, attorneys, agents, or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers. 01425.0005/946287.1
If Applicant should subcontract all or any portion of the services to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers in accordance with the terms of the preceding paragraph. The Applicant further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Applicant, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, consultants, attorneys, agents or authorized volunteers.

2. Reimburseme11ts to the City.

In the event the City receives a claim under the Government Claims Act, or is subject to a Third Party Action defined in Section 1.1, claims or actions as set forth in Section 1.2, or claims as set forth in Section 1.3, or is otherwise required to pay legal fees and costs and court costs as a result of any legal challenge related to the approval of the Applicant's CCB permit, the process associated therewith, or the City's approval of the cannabis activity, then Applicant shall reimburse the City for all costs and expenses associated with the same. Upon demand from the City, within fifteen (15) days Applicant shall make an initial deposit of $10,000 to the City, which shall be used as a draw down account to reimburse the City for all of its costs and expenses contemplated herein.

The City may request that the draw down account be replenished by the Applicant at any time, and the Applicant shall do so within fifteen ( 15) days. The City shall provide Applicant with an invoice detailing all costs incurred by the City. Applicant shall tender to the City payment-in-full of all reasonable and necessary costs within thirty (30) days from the date upon the invoice. Applicant shall contact the City within a reasonable time to arrange any extension of the thirty (30) day time period for payment-in-full of the invoiced amount. Applicant further acknowledges and agrees, failure to timely tender payment-in-full to the City shall be considered a breach and noncompliance with this Agreement and the requirements of the City's Ordinance. Applicant shall also be required, upon request of the City, to deposit two month's estimated costs anticipated by the City to be incurred, which may be used by the City as a draw down account to maintain a positive balance pending tender of payment by Applicant as noted herein. Any amount not used at the conclusion of the defense of any associated legal challenges shall be returned by the City to the Applicant.
01425.0005/946287.1

3. Cooperation in the vent of Challenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such IO-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation.

A. COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and shall include insurance for bodily injury, property damage and personal injury with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, contractual liability (including indemnity obligations under this Agreement),with limits of liability of not less than $2,000,000.00 per occurrence for bodily injury and property damage, $1,000,000.00 per occurrence for personal injury, $2,000,000.00 general aggregate and $2,000,000.00 aggregate for products and completed operations and $2,000;000.00 general aggregate. 01425.0005/946287.1
B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

9. otices. All notices to either party under this Agreement shall be deemed valid and effective when personally served upon the party or upon deposit in the United States mail, postage prepaid, by certified and/or registered mail, addressed as follows:

City:

Applicant:
01425.0005/946287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
Lavish West Coast Madera
Kenneth Churchill
246 Via San Lucia
Rancho Mirage, CA 92262

11. Agreement ot Debt or Liability of the City. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, as provided in Section 53314.9(b) of the California Government Code. Further, Applicant agrees that no member of the City Council or officer, attorney, employee, or agent of the City shall to any extent be persona11y liable hereunder.

12. Attorneys' Fees. If any legal action is brought by either party to interpret or enforce any terms or provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. For the purposes of this Agreement, "attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/ or during the course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys' fees.

15. Severabjlity. If any provision of this Agreement or the application of any such provision shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable to any extent, the remaining provisions of this Agreement and the application thereof shall remain in full force and effect and shall not be affected, impaired, or invalidated.

18. Limjtation of Lega l Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, the terms of the CCB Permit, or any operations thereunder, it being expressly understood and agreed that the Applicant's sole legal remedy for a breach or violation of the same by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, the terms of the CCB Permit, or the law.

20. No Third Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

21. Authority. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (III) the party has full corporate, partnership, trust, association , or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person( and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

22. Counterparts: This Agreement may be executed in counterparts, and copies of this Agreement shall be deemed originals. Further, a signature received by facsimile or e-mail (in PDF form) is as binding as an original signature.

CITY OF MADERA,
a municipal corporation
By: _ ___ ___ ___ _ _
Arnoldo Rodriguez, City Manager
Dated: ___ ___ , 2024
ATTEST:

By: ---- ---- -- Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

By: _ _______ _ __ _
Shannon Chaffin, City Attorney
01425.0005/946287 .1

APPLICANT
*By: _~-~-----'----,.. - -
Printed Name: Kenneth Churchill
Title: Owner
Dated: ~~//tNrr'/ l/~2024
'
*By:-------------
Printed Name: - --- --- --
Title: ------------
Dated: _ ___ __ , 2024
*Attach Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity

State of California
County of Riverside
before me,
(insert name and title of the officer)
personally appeared y'-)e nne_¾1,. Chu...~'\\\
who 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.

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

WITNESS my hand and official seal. MELISSA SUE AVILLA i Signature ~~ Cfu~eal)
COMt.1. #2 80818 ;a;
NOTARY PUBLIC- CALIF~NIA !
RM:RSIDE COUNT¥ 3
11t1Co111m, apneAl.9lll2!,2021 l
Nebrina Madera, LLC (Nebrina)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on 0<'>'v'=: 2-J-\ "t.-. , 2024, between the City of Madera, a municipal corporation, ("the City") and, Nebrina Madera, LLC., ("Applicant" or "Covenantor"), pursuant to the following recitals, which are a substantive part of this Agreement. City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

B. Applicant submitted to the City an application for one of two of a Social Equity Commercial Cannabis Business (CCB) Permit.

C. On August 16, 2023, the City passed Resolution No. 23-146 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in the City's sole discretion and without any further 01425.0005/946287.1
action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

D. Applicant now desires to comply with Section 6-5.34 of the Ordinance and the precondition identified above, including to indemnify the City from any and all claims, legal actions, or appeals arising from the processing, approval, or denial of the CCB Permit applications.

1. Indemnification.

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; ( 4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award ofa CCB Permit as part of the process; (5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; (6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section I. I shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers ("City Indemnitees") from any and all loss, liability, fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal 01425.0005/946287 .1
expenses incurred by the City Indemnitee or held to be the liability of the City lndemnitee (including plaintiffs or petitioner's attorney's fees if awarded, in connection with the City Indemnitee's defense of its actions in any proceeding) (collectively, "Losses") incurred by any City Indemnitees from any and all claims, demands and actions in law or equity (collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Agreement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

If Applicant should subcontract all or any portion of the work to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend the City lndemnitees in accordance with the terms of this Section 1.2. Notwithstanding the preceding sentence, any subcontractor who is a "design professional" as defined in Section 2782.8 of the California Civil Code shall, in lieu of indemnity requirements set forth in the two prior paragraphs of this Section, be required to indemnify, hold harmless and defend the City Indemnitees to the fullest extent allowed by law, from any and all Claims and Loses that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

If Applicant should subcontract all or any portion of the services to be performed under this Agreement, Applicant shall require each subcontractor to indemnify, hold harmless and defend 01425.0005/946287.1
City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers in accordance with the terms of the preceding paragraph. The Applicant further agrees that the use for any purpose and by any person of any and all of the streets and improvements required under this Agreement, shall be at the sole and exclusive risk of the Applicant, at all times prior to final acceptance by the City of the completed street and other improvements, unless any loss, liability, fines, penalties, forfeitures, costs or damages arising from said use were caused by the active or sole negligence, or the willful misconduct, of the City or any of its officers, officials, employees, consultants, attorneys, agents or authorized volunteers.

2. Reimbursements to the City.

3. Cooperation in the Event of Chai lenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in 01425.0005/946287.1
defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such IO-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attorney(s) in the defense of City in any claim, demand, action, proceeding or litigation.

B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned 01425.0005/946287.1
automobiles or other licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

If at any time during the Insurance Period, Applicant fails to maintain the required insurance in full force and effect, the City Manager, or his/her designee, may order that the Applicant, or its contractors or subcontractors, immediately discontinue any further work or operations under the CCB Permit and take all necessary actions to secure any work site to insure that public health and safety is protected until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. The insurance requirements set forth in this Section 3 are material terms of this Agreement. 01425.0005/946287.1
If Applicant should hire a general contractor to provide all or any portion of the services or work to be performed under this Agreement, Applicant shall require the general contractor to provide insurance protection in favor of City, its officers, officials, employees, consultants, attorneys, volunteers and agents in accordance with the terms of each of the preceding paragraphs, except that the general contractor's certificates and endorsements shall be on file with Applicant and City prior to the commencement of any work by the general contractor.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

City:

Applicant:

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 9363 7
Nebrina Madera, LLC
Attention: Brandon Banks
1940 Blake Street #201
Denver, CO 80202

10. Enforcement Action. In the event it becomes necessary for the City to take any action against the Applicant to enforce or interpret the terms of this Agreement, the City shall be entitled 01425.0005/946287.1
to its reasonable attorneys' fees and costs, including all costs of investigation, and all pre-litigation costs.

17. Jurisdiction. This Agreement shall be administered, governed, and interpreted under the laws of the State of California, without regard to its choice of law rules. Jurisdiction and venue of litigation arising from this Agreement shall be in the County of Madera, State of California.

18. Limitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, the terms of the CCB Permit, or any operations thereunder, it being expressly understood and agreed that the Applicant's sole legal remedy for a breach or violation of the same by the City shall be a legal 01425.0005/946287.1
action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, the terms of the CCB Permit, or the law.

19. lnte retation. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates.

20. No Third Party Beneficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

CITY OF MADERA,
a municipal corporation
By: ___________ _
Arnoldo Rodriguez, City Manager
Dated: _____ _,
ATTEST:

By: _ ________ _
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:
2024
By: - - ---------- Shannon Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
- Printed Name: Brandon Banks
Title: Chief Executive Officer
'7..i +I., Dated: ), ~ k:::-l..\ , 2024
*By?QL~4 . Printed Name: v&/4 1 £/./;va. Jt(tlCltA>
Title: t0,llJ e/4/2c ,&r Go,°'-~ o ~la.1<
Dated: ~ltl[(}'1/J . 21 , 2024
* Attach Notary Acknowledgments. Jf
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity
S • ed before me In the county
~~4-4'4.-.L...---.~----' State of Colorado,
(Commission expitatiOfl dalB)

JULIAN RODRIGUEZ-MACIAS
Notary Public
State of Colorado
Notary ID I# 20214034168
My Commission Expires 08-26-2025
California Cannoisseur, LLC (California Cannoisseur)

CITY OF MADERA

INDEMNIFICATION AND COST RECOVERY AGREEMENT
This Indemnification and Cost Recovery Agreement ("Agreement") is made and entered into on ..,,J<A~ 'l..c.,( 1 1.,.0Z-~ , 2024, between the City of Madera, a municipal corporation, ("the ity'') and, California Cannoisseur, LLC. ("Applicant" or "Covenantor"), pursuant to the following recitals, which are a substantive part of this Agreement. City and Applicant are sometimes individually referred to as a "Party" and jointly as the "Parties."

B. Applicant submitted to the City an application for one of two of a Social Equity Commercial Cannabis Business (CCB) Permit.

C. On August 16, 2023, the City passed Resolution No. 23-146 ("Resolution"), which awarded a CCB Permit to the Applicant.

The City shall not assume any liability whatsoever with respect to the determination of an award, award, or issuance of a CCB Permit or otherwise approving the operation of any cannabis business. Each applicant shall enter into an agreement ("Indemnification Agreement") with the City, in a form approved by the City Attorney, to indemnify, defend, and hold harmless the City, maintain required insurance, and reimburse the City for all costs and expenses (including those related to any legal challenge) consistent with the requirements of CMC section 6-5.34. If no Indemnification Agreement with an applicant is approved by the City Council and the applicant by no later than February 7, 2024, then the award of the CCB Permit shall not become final as to the applicant without an approved Indemnification Agreement, such applicant acknowledges it has no interest in the (unawarded) CCB Permit, and the CCB Permit may awarded to another in the City's sole discretion and without any further 01425.0005/946287.1
action or notice by the City. Any approved Indemnification Agreement shall be maintained by and complied with by the applicant and kept in full force and effect at all times until such time that a CCB Permit expires, is revoked, or is of no further legal effect.

1. Indemnification.

The term "Third Party Action" collectively means any legal action or other proceeding instituted by (i) a third party or parties or (ii) a governmental body, agency or official other than the City or a City Agency, that: (1) challenges any part of any application for development or an award of a CCB Permit; (2) challenges the processing, approval or denial of any application as part of the award of a CCB Permit to Applicant; (3) any appeals by third parties (including other applicants) relating to the application process, approval or denial of any CCB Permit to any applicant, and any actions taken in furtherance of the application or the application process; ( 4) any environmental issues, including any challenges under the California Environmental Quality Act (CEQA) relating to the award of a CCB Permit as part of the process; ( 5) any breach by Applicant in the performance in a timely manner of any obligation on Applicant's part to be performed under this Agreement, the Ordinance, or the Resolution; ( 6) any challenge that claims or alleges a violation of any law by the City; or (7) alleges any acts, omissions or negligence of Applicant or any person or entity claiming through or under Applicant, or Applicant's agents, employees, contractors, invitees or visitors. Applicant's obligations under this Section 1.1 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.1 shall survive the termination of this Agreement.

1.2 Additional Claims or Actions. To the fullest extent permitted by law, Applicant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, consultants, attorneys, agents and volunteers ("City Jndemnitees") from any and all loss, liability, fines, penalties, forfeitures, costs and damages, including but not limited to personal injury, death at any time, and property damage, and including further attorney's fees, litigation and legal 01425.0005/946287.1
expenses incurred by the City Indemnitee or held to be the liability of the City Indemnitee (including plaintiff's or petitioner's attorney's fees if awarded, in connection with the City Indemnitee's defense of its actions in any proceeding) (collectively, "Losses") incurred by any City Indemnitees from any and all claims, demands and actions in law or equity ( collectively, a "Claim"), whether in contract, tort or strict liability, resulting from, arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement or the CCB Permit (including operations thereunder); (iii) the issuance of the CCB Permit and another other permits, licenses, or other entitlements related to a cannabis operations; or (iv) the City's granting, issuing or approving use of the CCB Permit or related agreements. If any portion of a claim, demand or action in law gives rise to indemnification under this Agreement, Applicant shall be responsible for indemnifying, holding harmless or defending the City as to the entire claim, demand or action in law. Applicant's obligations under this Section 1.2 shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are actively or passively negligent, but shall not apply to any loss, liability, fines, penalties forfeitures, costs or damages caused solely by the active negligence or willful misconduct of the City or any of its officers, officials, employees, agents or volunteers. The provisions of this Section 1.2 shall survive the termination of this Agreement.

1.3 Damage Claims. The nature and extent of Applicant's obligations to indemnify, defend and hold harmless the City with regard to events or circumstances not addressed in Section

2. Reimbursement to th ity.

In the event the City receives a claim under the Government Claims Act, or is subject to a Third Party Action defined in Section 1.1, claims or actions as set forth in Section 1.2, or claims as set forth in Section 1.3, or is otherwise required to pay legal fees and costs and court costs as a result of any legal challenge related to the approval of the Applicant's CCB permit, the process associated therewith, or the City's approval of the cannabis activity, then Applicant shall reimburse the City for all costs and expenses associated with the same. Upon demand from the City, within fifteen (15) days Applicant shall make an initial deposit of $10,000 to the City, which shall be used as a draw down account to reimburse the City for all of its costs and expenses contemplated herein.

3. Cooperation in the Event f hallenge. In the event of any action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the approval of the CCB Permit or the issuance thereof, the Parties hereby agree to cooperate in 01425.0005/946287.1
defending said action. City shall timely notify Applicant in writing of its receipt of any demand, claim, action, proceeding, or litigation in which City claims to be indemnified and held harmless by Applicant pursuant to this Agreement and requesting Applicant defend City. Applicant shall accept or reject such tender of defense in writing within 10 working days after receipt thereof. If Applicant does not reject such tender of defense within such 10-working day period, Applicant shall be deemed to have accepted such tender. If Applicant accepts such tender, City shall cooperate in such defense. Applicant shall then have the right to select and retain the attorney or attorneys who will defend the City. However, the City shall have the right to approve the counsel selected by Applicant, which approval shall not be unreasonably withheld or delayed. Applicant agrees to be fully responsible for any and all costs and attorney's fees generated by said attomey(s) in the defense of City in any claim, demand, action, proceeding or litigation.

B. COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Business Auto Coverage Form CA 00 01 and shall include coverage for all owned, hired, and non-owned 01425.0005/946287 .1
automobiles or other licensed vehicles (Code I B Any Auto), with combined single limits of liability of not less than $2,000,000.00 per accident for bodily injury and property damage.

C. WORKERS' COMPENSATION insurance as required under the California Labor Code.

D. EMPLOYERS' LIABILITY with minimum limits of liability of not less than $1,000,000.00 each accident, $1,000,000.00 policy limit and $1,000,000.00 for each employee.

5. No Duty of ity. Applicant acknowledges and agrees that the Project is a private development, the City has no interest in or responsibility for or duty to third persons concerning the Project. Applicant shall have full power over the exclusive control of the Project and Property herein described subject only to the limitations and obligations of Applicant under this Agreement and federal, state, and local laws. Applicant further acknowledges and agrees to hold harmless the City and its elected and appointed representatives, officers, agents and employees from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Applicant's operations under this Agreement excepting suits and actions brought by Applicant and arising from the gross negligence or willful misconduct of the City to the extent, if any, that such gross negligence or willful misconduct has contributed to such damage.

8. Termination. City may without cause terminate this Agreement by giving written notice as provided below. Applicant may not terminate this Agreement for any reason.

City:

Applicant:
01425.0005/946287.1

CITY OF MADERA
Attention: City Manager
205 West 4th Street
Madera, CA 93637
California Cannoisseur, LLC
Attention: Raul DeLuna
24508 Tropical Drive
Madera, CA 93638

11. Agreement Not Debt or Liability of the ity. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City, as provided in Section 53314.9(b) of the California Government Code. Further, Applicant agrees that no member of the City Council or officer, attorney, employee, or agent of the City shall to any extent be personally liable hereunder.

18. Limitation of Legal Acts. In no event shall the City, or its officers, agents, attorneys, or employees, be liable in damages for any breach or violation of this Agreement, the terms of the 01425.0005/946287.1
CCB Permit, or any operations thereunder, it being expressly understood and agreed that the Applicant's sole legal remedy for a breach or violation of the same by the City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement, the terms of the CCB Permit, or the law.

19. Tntetpretation. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates.

20. No Third Party B neficiaries. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns.

21. Authority. Each person executing this Agreement covenants and warrants that (i) the party on whose behalf he or she is signing is duly incorporated or otherwise established or formed and validly existing under the laws of its state of incorporation, establishment or formation, (ii) the party has and is duly qualified to do business in California, (III) the party has full corporate, partnership, trust, association , or other power and authority to enter into this Agreement and to perform all of its obligations hereunder, and (IV) each person( and all of the persons if more than one signs) signing this Agreement is duly and validly authorized to do so.

23. Knowing and Voluntary Agreement. The Parties to this Agreement acknowledge and agree that each of them has had a full and fair opportunity to carefully read and review the terms and provisions of this Agreement and consult with their own attorney concerning the meaning and effect of this Agreement. By executing this Agreement, each of the Parties hereto represents, acknowledges, and agrees that such Party carefully read and fully understands all the provisions of this Agreement, and that they are knowingly and voluntarily entering into this Agreement and signing it of their own free will.
[Signatures on next page]
01425.0005/946287.1
,,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written.

CITY OF MADERA,
a municipal corporation
By:------------ Arnoldo Rodriguez, City Manager
Dated: -----~
ATTEST:

By: _ ________ _
Alicia Gonzales, City Clerk
APPROVED AS TO FORM:
2024
By: - ----------- Shannon Chaffin, City Attorney
01425.0005/946287.1

APPLICANT
Printed Name: Raul DeLuna
Title: Owner
Dated: I / :zM f "Z,,t.( , 2024
*By:-------------
Printed Name: ---------
Title: ------------
Dated: ------- 2024
* Attach Notary Acknowledgments. If
signing for an entity, bylaws, resolutions, or
other documents may be required to
establish authority to sign on behalf of the
entity

State of California M d
County of a era
On(J,YIUt,j 2,J"' ;iJioa'f: before me, MONIQUE RODRIGUEZ, Notary Public (insert name and title of the officer)
personally appeared JhvL ()e WM ,
who proved to me on the basis of satisfactory evidence to be the personO(whose nam~~re 9-JJ;..t\Scribed to the within instrument and acknowledged to me that@he/they executed the same in ~er/their authorized capacity(~ and that by/,fii's)her/their signatur~ on the instrument the personk_or the entity upon behalf of which the Wson~ cted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)

MONIQUE RODRIGUEZ
Notary Public - Callfornla
Madera County !
Commission It 24291 0
y Comm. Expires Oec 5, 2026

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: February 7, 2024
_________________________________ Agenda Number: D-5
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Agreement with Juarez Brothers General Engineering, Inc. for McNally Park Basketball Courts Reconstruction Project
RECOMMENDATION:

Adopt a Resolution awarding a contract under Invitation for Bids (IFB) No. 202324-24 to Juarez Brothers General Engineering, Inc. for the McNally Park Basketball Courts Reconstruction for $218,353.00
SUMMARY:

On January 29, 2024, the City received 4 bids from interested contractors vying for the opportunity to reconstruct the basketball courts at McNally Park. Currently, the park features one college regulation-sized court and two subpar sized courts. The proposed scope of work encompasses the removal of the existing courts and the construction of two high-school -sized basketball courts. These new courts will feature concrete surfacing, and both will be standardized to measure 84 feet by 50 feet, including proper striping.

Funding for the reconstruction of the basketball courts comes from the Community Development Block Grant (CDBG). A total of $609,307 was awarded to the Parks & Community Services Department for improvements at McNally Park in Fiscal Year 2022/2023.

DISCUSSION:

McNally Park is situated on an irregularly shaped parcel in the heart of east-central Madera. The park is bounded by South A St., East 12th St., and Roosevelt Avenue, making it a central and accessible hub for residents in the surrounding areas.

The unique configuration of McNally Park reflects its integration into the fabric of the neighborhood, contributing to the vibrancy and character of the community. Residents and visitors alike enjoy the park's diverse amenities, which include a picnic area, basketball courts, restrooms, a play structure with swings, and some, albeit limited, passive recreational areas.

During the CDBG Action Plan for Fiscal Year 2022/2023, the City was awarded a total of $609,307 for improvements at McNally Park. Staff proceeded with two major phases of improvement plans. The first phase included the complete renovation of the existing playground area. This consisted of the removal of existing playground equipment and upgrading with new playground equipment, swing sets, and new safety perimeter fencing for a brand-new playground area. This phase also included replacing outdated and damaged park amenities with new trash cans, picnic tables, grills, benches, and water fountains. A Notice of Completion was accepted by the Council on November 15, 2023, for the playground equipment and park amenities installed at McNally Park.

After the completion of the first phase of improvements, staff began planning for the second phase to include the full reconstruction of the basketball courts. This was determined as a muchneeded component, being the courts have had no major repairs or maintenance for decades. The courts are highly utilized playing courts by members of the community, with even informal basketball tournament events taking place throughout the year.  Basketball Court #1 is constructed of asphalt, measuring 108 feet by 50 feet. This basketball court has a playing court measuring 84 feet by 50 feet.  Basketball Courts #2 and #3 are also constructed of asphalt and measure 55 feet by 104 feet.
 Both court configurations will be reconstructed, with concrete surfacing and converting Court #2 and #3 to one full playing court at 84 feet by 50 feet.  Both shall have a playing court measuring 84 feet by 50 feet, including striping.

To proceed with the improvements needed, staff prepared IFB No. 202324-24. The IFB was released on January 6, 2024, with bids due on Monday, January 29, 2024. The IFB notice was duly published in the Madera Tribune on January 6 and 13, 2024. In addition, the IFB was published on the following platforms:
 City of Madera PlanetBids Vendor Portal
 Construction Bidboard (Ebidboard)
 Dodge Data & Analytics
 Placer Country Contractors Association & Builders Exchange  Builders’ Exchange of San Joaquin
 Central California Builders Exchange
 Valley Builders Exchange
Addendum No. 1 was released on January 18, 2024, responding to two submittals from potential bidders. Potential bidders inquired about the engineer’s estimate, start date, and project specifications for materials and supplies.

Regarding the bidding process:
 72 bidders from the City’s online vendor registry were notified.  An additional 250 potential bidders licensed to perform the work identified in the scope of the IFB were notified through PlanetBids.
 28 potential bidders downloaded the project bid documents and indicated that they would bid.
 Four bids were ultimately received.
 The bids received were evaluated by City staff for responsiveness and cost as highlighted in Table 1.

Table 1 shows vendors ranked by cost, with staff recommendation for awarding the contract to Juarez Brothers General Engineering, Inc. being the lowest responsive, responsible bid per the requirements set forth in the project’s contract documents.

Table 1: Bids Received Ranked by Cost
Rank Firm Bid Amount
1 Juarez Brothers General Engineering, Inc. $218,353.00 2 JT2 Inc $255,975.00
3 Harris Development Corp. dba HBC Enterprises $282,547.15 4 B&M Builders Inc $315,243.00
Juarez Brothers General Engineering, Inc. is a local contractor located in Madera County.

Juarez Brothers General Engineering, Inc. has an active Contractors State License and an active Department of Industrial Relations registration, as confirmed by staff. To meet additional funding requirements, Juarez Brothers General Engineering, Inc. has no disbarments, as confirmed on SAM.gov. Notably, Juarez Brothers General Engineering, Inc. is the only local contractor in the County that submitted a bid.

FINANCIAL IMPACT:

The improvements to McNally Park, funded by CDBG, have been budgeted within the City's Fiscal Year 2023/24 Parks Grant Fund #1021-8020-7040-MCNAL. The project's approved budget amounts to $609,307 aligning with the grant's scope of work and objectives.

During this Fiscal Year, expenditures related to the CDBG funded improvements at McNally Park have been diligently managed. Specifically, a total of $247,957.28 has been spent in the first phase of the project. To date, phase 2 has included staff securing engineering services from O’Dell Engineering for the design plans and technical specifications of the reconstruction of the basketball courts at $39,500 for consultant services and advertisement costs of the IFB at $2,328.30. This has left a remaining balance of $319,521.42 of CDBG funds still available for phase 2 of the project.

With Juarez Brothers General Engineering, Inc. bid at $218,535, there are sufficient funds to cover the construction agreement. Staff will work on a spending plan to fully expend all remaining funds estimated at $101,168.42 towards McNally Park's additional improvements.

Improvement items to be considered will include but not be limited to the following: kids basketball court, playground expansion or additional amenities.

Table 2 below shows a cost breakdown of the Phase 1 and Phase 2 expenses to date.

A set timeframe of 45 calendar days from the Notice to Proceed is expected. Staff will work with the contractor to have work started with a goal of February 20, 2024, to have the reconstruction of the basketball courts completed by April 5, 2024.

Table 2: CDBG Award of $609,307 for McNally Park Improvements Expenditure Phase 1 (Completed) – Playground and Park Amenities Costs Amount Superior International Industries $239,244.92
Certified Playground Safety Inspection $1,800
Landscaping, Concrete Bordering for Playground & Park $6,912.36 Total Costs of Phase 1 $247,957.28
Phase 2 (this item) – Basketball Redesign and Reconstruction O’Dell Engineering – Task Order $39,500
IFB 202324-24 Advertisement $2,328.30
Total Cost of Phase 2 To Date $41,828.30
Total Cost of Phase 1 & 2 To Date $289,785.58
Total CDBG Award $609,307
Balance Remaining to Date $319,521.42
ALTERNATIVES:

Staff has carefully considered the bids received for the project. An alternative course of action involves rejecting all bids, which could potentially lead to several consequences that need to be taken into account.

Rebidding the project introduces uncertainties that may impact the project's overall cost. There is a possibility of receiving higher bids or encountering a lack of additional bids in a subsequent bidding process. This scenario could prolong the timeline for selecting a contractor and completing the full expenditure of funds before mid-April 2024, which impacts the Department of Housing & Urban Development timeliness check of CDBG expenditure on May 2, 2024.

ATTACHMENTS:

1. Resolution Awarding IFB No. 202324-24 to Juarez Brothers General Engineering, Inc. for the McNally Park Basketball Courts Reconstruction
a. Exhibit A: Construction Agreement

2. Aerial Photo of the Existing Courts at McNally Park

3. Improvement Plans
ATTACHMENT 1
Resolution Awarding IFB No. 202324-24 to
Juarez Brothers General Engineering, Inc.
for the McNally Park Basketball Reconstruction Project
a. Exhibit A: Construction Agreement
RESOLUTION NO. 24 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING RESOLUTION AWARDING IFB NO. 202324-24 TO JUAREZ BROTHERS GENERAL ENGINEERING, INC. FOR THE MCNALLY PARK BASKETBALL COURTS RECONSTRUCTION FOR $218,353
WHEREAS, the City of Madera released an Invitation for Bids (IFB) No. 202324-24 calling for the reconstruction of two basketball courts at McNally Park; and WHEREAS, the IFB No. 202324-24 was released on January 6, 2024; and WHEREAS, the IFB No. 202324-24 was duly noticed and published accordingly; and WHEREAS, there were 4 bids received as of January 29, 2024; and WHEREAS, the 4 bids were evaluated for responsiveness and cost; and WHEREAS, Juarez Brothers General Engineering, Inc. submitted the lowest responsible bid at $218,353; and
WHEREAS, the City wishes to enter into a Construction Agreement with Juarez Brothers General Engineering, Inc. for the completion of the work; and WHEREAS, the Construction Agreement is to be for $218,353; and WHEREAS, the work to be completed is being funded by Community Development Block Grant funding.

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

1. The above recitals are true and correct.

2. The City Council of the City of Madera does hereby accept the four bids received for this project, finds that Juarez Brothers General Engineering, Inc., is the lowest responsive and responsible bidder, and awards a construction contract for the IFB 202324-24 McNally Park Basketball Courts Reconstruction project in the amount of $218,353 to Juarez Brothers General Engineering, Inc.,. Said contract is attached hereto as Exhibit A and approved as to its material terms, and the Mayor is authorized to execute the same on behalf of the City subject as to legal form by the City Attorney.

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

CONSTRUCTION AGREEMENT
IFB 202324-24 McNally Park Basketball Court Reconstruction CDBG B22MC060053 This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER,” and Juarez Brothers General Engineering, Inc., doing business as (an individual), or (a partnership), or (a corporation), hereinafter “CONTRACTOR” and collectively called “Parties.”
WITNESSETH: The Parties agree as follows:

1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202324-08 Centennial Park Pool Upgrades & Repairs CDBG B22MC060053.”

2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.

3. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED and will complete the same within 45 calendar days.

The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $218,353, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.

This Agreement shall be effective on February 7, 2024, after approval by the City Council at a duly scheduled meeting thereof.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed two-hundred eighteen thousand, three hundred and fifty-three dollars ($218,535.00) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS.

WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached hereto as Exhibit A:
(A) CONTRACTOR Complete Bid as Submitted on 01/29/2024
(B) Addenda No. 1, dated January 18, 2024
(C) Contractor Insurance Documentation per Insurance Requirements for Contractors as specified in IFB
(D) IFB 202324-24 McNally Park Basketball Reconstruction (E) Federal Wage Rates Decision No. NC-63-3-75-2023-1
(F) CDBG Exhibit G, U.S. Department of Housing and Urban Development Section 3 Plan
(G) CDBG Exhibit H, Certification of Nonsegregated Facilities

6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of one-hundred dollars ($100.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

Madera City CouncilFebruary 7, 2024

Madera City Council
February 7, 2024